9. After article 8 insert—
9.—(1) Prior to the establishment of a combined authority under section 103 of the 2009 Act(1)—
(a)references in this Order to “the combined authority” are to be read as references to “the proposed combined authority”, and references to “the combined authority mayor”, “the combined authority mayoral election” and “the combined authority area” are to be construed accordingly;
(b)article 6(1) is to be read as if for paragraph (1) there were substituted—
“(1) The constituent councils of the proposed combined authority may appoint one of the officers of a constituent council, to be the combined authority returning officer in relation to the election.”;
(c)any expenses met by the constituent councils of the proposed combined authority in accordance with article 8(2) (as modified by sub-paragraph (a)) must be reimbursed by the combined authority after it has been established;
(d)in Schedule 2, paragraph 1(6)(b) is to be read as if for the modification of the RPA 1983 that inserted subsection (4C) there were substituted—
“(4C) All expenditure properly incurred by a returning officer or a combined authority returning officer in relation to the holding of a combined authority mayoral election before the combined authority has been established may in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the constituent councils of the proposed combined authority, exceed that scale, be paid by those constituent councils, and if so, the combined authority must, once it has been established, reimburse those constituent councils.”.
(2) If the combined authority returning officer appointed in accordance with article 6(1) as modified by paragraph (1)(b) is unable to act after the combined authority is established, a new combined authority returning officer must be appointed in accordance with article 6(1) in unmodified form.”.
Section 103 was amended by sections 12 and 14 of the Cities and Local Government Devolution Act 2016 (c. 1).