Local Democracy, Economic Development and Construction Act 2009
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Change 1
113ZB Relevant consenting authorities in relation to orders under section 106
(1) The “relevant consenting authorities” in relation to an order under section 106 means— (a) the relevant council for the local government area to be added to or removed from the area of the combined authority; (b) if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority; (c) if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority. (2) The “relevant council” in relation to a local government area for the purposes of subsection (1)(a) 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 district council whose area does not form part of the area of a county council, the district council; (c) if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council. (3) If there are two relevant councils in relation to a local government area by virtue of subsection (2), the condition in subsection (1)(a) is met if— (a) in the case of an order adding a local government area to an existing area of a combined authority, either or both of the relevant councils consent; (b) in the case of an order removing a local government area from an existing area of a combined authority, both of the relevant councils consent. (4) Where the combined authority is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 113ZA(4)(c) is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting. (5) A reference in subsection (4) 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.
113ZB Relevant consenting authorities in relation to orders under section 106
(1) The “relevant consenting authorities” in relation to an order under section 106 means— (a) the relevant council for the local government area to be added to or removed from the area of the combined authority; (b) if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority; (c) if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority. (2) The “relevant council” in relation to a local government area for the purposes of subsection (1)(a) 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 district council whose area does not form part of the area of a county council, the district council; (c) if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council. (3) If there are two relevant councils in relation to a local government area by virtue of subsection (2), the condition in subsection (1)(a) is met if— (a) in the case of an order adding a local government area to an existing area of a combined authority, either or both of the relevant councils consent; (b) in the case of an order removing a local government area from an existing area of a combined authority, both of the relevant councils consent. (4) Where the combined authority is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 113ZA(4)(c) is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting. (5) A reference in subsection (4) 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.
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