Part 2Local democracy and devolution

Chapter 1Combined county authorities

Changes to CCAs

I125Changes to boundaries of a CCA’s area

1

The Secretary of State may by regulations change the boundaries of a CCA’s area by—

a

adding a relevant local government area to an existing area of a CCA, or

b

removing a relevant local government area from an existing area of a CCA.

2

In this section “relevant local government area” means—

a

the area of a two-tier county council,

b

the area of a unitary county council, or

c

the area of a unitary district council.

3

Regulations under subsection (1)(b)—

a

may transfer functions relating to the relevant local government area from the CCA to any other public authority;

b

may provide for any function of the CCA relating to the area to be no longer exercisable in relation to that area.

4

In subsection (3)(a) “public authority” includes—

a

a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975,

b

a government department,

c

a county council, and

d

a district council.

5

Regulations may be made under subsection (1) only if the area to be created by the regulations meets conditions A and B in section 9.

6

Regulations under subsection (1) adding or removing a relevant local government area to or from an existing area of a mayoral CCA may be made only if—

a

the relevant council in relation to the relevant local government area consents, and

b

the mayor for the area of the CCA consents.

7

Regulations under subsection (1) adding or removing a relevant local government area to or from an existing area of a CCA which is not a mayoral CCA may be made only if—

a

the relevant council in relation to the relevant local government area consents, and

b

the CCA consents.

8

For the purposes of subsections (6)(a) and (7)(a), the “relevant council” in relation to a relevant local government area is—

a

if the local government area is the area of a county council, the county council;

b

if the local government area is the area of a unitary district council, the unitary district council.

9

The question of whether to consent under subsection (7)(b) to regulations under subsection (1) is to be decided at a meeting of the CCA by a simple majority of the voting members of the authority who are present at the meeting.

10

Where regulations under subsection (1)(b) are made as a result of the duty in section 28(3)—

a

subsection (5) does not apply, and

b

neither subsection (6) nor subsection (7) applies.

11

Subsection (12) applies if a CCA has made provision about its constitution under regulations under section 10(1).

12

A decision about any change to that provision as a result of regulations under subsection (1) is to be decided at a meeting of the CCA by a simple majority of the voting members of the CCA who are present at the meeting.

13

A reference in this section to a voting member—

a

includes a substitute member who may act in place of a voting member;

b

does not include a non-constituent member.

I226Dissolution of a CCA’s area

1

The Secretary of State may by regulations—

a

dissolve a CCA’s area, and

b

abolish the CCA for that area.

2

Regulations under subsection (1)—

a

may transfer functions from the CCA to any other public authority;

b

may provide for any function of the CCA to be no longer exercisable in relation to the CCA’s area.

3

In subsection (2)(a) “public authority” includes—

a

a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975,

b

a government department,

c

a county council, and

d

a district council.

4

Regulations may be made under subsection (1) only if—

a

a majority of the constituent councils consent to the making of the regulations, and

b

in the case of regulations made in relation to a mayoral CCA, the mayor for the area of the CCA also consents to the making of the regulations.