Part 2Local democracy and devolution

Chapter 1Combined county authorities

Changes to CCAs

25Changes 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.