Cities and Local Government Devolution Act 2016

Local Government Act 1972 E+W

1 E+W The Local Government Act 1972 is amended as follows.

2 E+W In section 100E (application of Part 5A to committees and sub-committees), in subsection (3) after paragraph (b) insert—

“(bba) a committee in place by virtue of section 107D(3)(c)(ii) of the Local Democracy, Economic Development and Construction Act 2009;

(bbb) a joint committee in place by virtue of section 107E of that Act;”.

3 E+W In section 100J (application of Part 5A to new authorities etc)—

(a) in subsection (1) after paragraph (be) insert—

“(bf) a sub-national transport body;”;

(b) in subsection (3), after “(be),” insert “ (bf), ”;

(c) in subsection (4), in paragraph (a) after “joint authority,” insert “ a sub-national transport body, ”.

4 E+W In section 101 (arrangements for discharge of functions by local authorities)—

(a) after subsection (1C) insert—

“(1D) A combined authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.

(1E) “Mayoral function” has the meaning given by section 107G(7) of the Local Democracy, Economic Development and Construction Act 2009.”;

(b) after subsection (5B) insert—

“(5C) Arrangements under subsection (5) by two or more local authorities with respect to the discharge of any of their functions cease to have effect with respect to that function if, or to the extent that, the function becomes a general function of a mayor for the area of a combined authority.

(5D) Subsection (5C) does not prevent arrangements under subsection (5) being entered into in respect of that function by virtue of section 107E of the Local Democracy, Economic Development and Construction Act 2009 (joint exercise of general functions).

(5E) In subsection (5C), “general functions” has the meaning given in section 107D(2) of that Act.”;

(c) in subsection (13) after “combined authority,” insert “ a sub-national transport body, ”.

5 E+W In section 270 (general provisions as to interpretation), in subsection (1) after the definition of “specified papers” insert—

““sub-national transport body” means a sub-national transport body established under section 102E of the Local Transport Act 2008;”.