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Local Democracy, Economic Development and Construction Act 2009
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Changes over time for: Section 110
Version Superseded: 26/12/2023
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- 17/12/2009- Amendment
- 28/01/2016- Amendment
- 28/03/2016- Amendment
- 28/03/2016
Point in time - 26/12/2023- Amendment
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110Requirements in connection with establishment of combined authorityE+W
This section has no associated Explanatory Notes
[F1(1)The Secretary of State may make an order establishing a combined authority for an area only if—
(a)the Secretary of State considers that to do so is likely to improve the exercise of statutory functions in the area or areas to which the order relates,
(b)the constituent councils consent, and
(c)any consultation required by subsection (2) has been carried out.
(1A)If a scheme for the establishment of the combined authority has been prepared and published under section 109 the Secretary of State must have regard to that scheme in making the order.
(2)The Secretary of State must carry out a public consultation unless—
(a)a scheme has been prepared and published under section 109,
(b)the constituent councils carried out a public consultation in connection with the proposals contained in the scheme and provided the Secretary of State with a summary of the consultation responses, and
(c)the Secretary of State considers that no further consultation is necessary.
(3)In this section “constituent council” means—
(a)a county council the whole or any part of whose area is within the area for which the combined authority is to be established, or
(b)a district council whose area is within the area for which the combined authority is to be established.]
[F2(3A)Subsection (3B) applies where the Secretary of State is considering whether to make an order establishing a combined authority for an area and—
(a)part of the area is separated from the rest of it by one or more local government areas that are not within the area, or
(b)a local government area that is not within the area is surrounded by local government areas that are within the area.
(3B)In deciding whether to make the order, the Secretary of State must have regard to the likely effect of the creation of the proposed combined authority on the exercise of functions equivalent to those of the proposed combined authority's functions in each local government area that is next to any part of the proposed combined authority area.]
(4)In making the order, the Secretary of State must have regard to the need—
(a)to reflect the identities and interests of local communities, and
(b)to secure effective and convenient local government.
Textual Amendments
F1S. 110(1)-(3) substituted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 14(7), 25(2)
F2S. 110(3A)(3B) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 12(5), 25(2)
Commencement Information
I1S. 110 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)
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