Schedule 4 Boundary and electoral change: amendments
Section 67
Local Government Act 1972 (c. 70)
1 The Local Government Act 1972 is amended as follows.
2 (1) Section 6 is amended as follows.
(2) In subsection (2)(a), for “sections 14(8) and 17(7) of the Local Government Act 1992” substitute “ section 56(8) of the Local Democracy, Economic Development and Construction Act 2009 ”.
(3) In subsection (3)(b), at the end insert “ or Part 3 of the Local Democracy, Economic Development and Construction Act 2009 ”.
3 In sections 11A(10)(b), 12A(5)(b), 12B(6)(b) and 73(2), for “Electoral Commission” substitute “ Local Government Boundary Commission for England ”.
4 (1) In Schedule 2, paragraph 7 (electoral divisions and wards of London boroughs) is amended as follows.
(2) In sub-paragraph (1)(b) at the end insert “ or section 59 of the Local Democracy, Economic Development and Construction Act 2009 ”.
(3) In sub-paragraph (2) for the words from “order” to “2007” substitute “ order referred to in sub-paragraph (1)(b) above ”.
5 In Schedule 3 (new authorities in England), in paragraph 10(1), (2) and (3), after “2007” insert “ or Part 3 of the Local Democracy, Economic Development and Construction Act 2009 ”.
6 (1) Schedule 11 (rules to be observed in considering electoral arrangements) is amended as follows.
(2) Omit paragraphs 1 and 3.
(3) In paragraph 4(1), omit “by either of the Commissions”.
Environment Act 1995 (c. 25)
7 (1) In Schedule 8 to the Environment Act 1995 (supplemental powers of National Park Authorities), paragraph 7 (power to promote Bills) is amended as follows.
(2) In sub-paragraph (3)—
(a) for “section 14(4) of the Local Government Act 1992” substitute “ Part 3 of the Local Democracy, Economic Development and Construction Act 2009 ”;
(b) for “any local government area within the meaning of that Act” substitute “ the area of any principal council (within the meaning of that Part) or parish council ”.
Greater London Authority Act 1999 (c. 29)
8 The Greater London Authority Act 1999 is amended as follows.
9 In section 2(4) (Assembly constituencies), for “the Electoral Commission” substitute “ the Local Government Boundary Commission for England ”.
10 (1) Schedule 1 (Assembly constituencies and orders under section 2(4)) is amended as follows.
(2) For paragraph 1 substitute—
1 (1) This paragraph applies where the Secretary of State makes an order under section 10 of the Local Government and Public Involvement in Health Act 2007 which includes a boundary change (within the meaning of section 8(3) of that Act) affecting a London borough.
(2) Where this paragraph applies, the Local Government Boundary Commission for England must consider whether to conduct a review of Assembly constituencies for the purpose of making recommendations as to—
(a) whether the boundary change referred to in sub-paragraph (1) requires changes to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, and
(b) if so, what those changes should be.
(3) For paragraph 2 substitute—
2 (1) The Local Government Boundary Commission for England may at any time—
(a) conduct a review of Assembly constituencies, and
(b) make recommendations as to—
(i) the area into which Greater London should be divided to form the Assembly constituencies, and
(ii) the name by which each Assembly constituency should be known.
(2) No recommendations may be made by the Local Government Boundary Commission for England pursuant to a review under this paragraph unless the recommendations comply with the rules set out in paragraph 7 below.
(4) For paragraphs 3 to 5 substitute—
3 (1) As soon as reasonably practicable after deciding to conduct a review under paragraph 1 or 2, the Local Government Boundary Commission for England must take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of—
(a) the fact that the review is to take place, and
(b) any particular matters to which the review is to relate.
(2) In conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must—
(a) prepare and publish draft recommendations,
(b) take such steps as its considers sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made, and
(c) take into consideration any representations made to the Commission within that period.
(3) The Local Government Boundary Commission for England may at any time before publishing draft recommendations under sub-paragraph (2)(a) consult such persons as it considers appropriate.
(4) As soon as practicable after conducting a review under paragraph 1 or 2 the Local Government Boundary Commission for England must—
(a) publish a report stating its recommendations, and
(b) take such steps as it considers sufficient to secure that persons who may be interested in the recommendations are informed of them.
4 (1) Where a report under paragraph 3 contains recommendations for changes to any Assembly constituency or the name by which any Assembly constituency is known, an order under section 2(4) may give effect to the recommendations.
(2) An order under section 2(4) may contain incidental, consequential, supplementary or transitional provision, or savings.
(3) The provision referred to in sub-paragraph (2) may include provision—
(a) applying any instrument made under an enactment, with or without modifications,
(b) extending, excluding or amending any such instrument, or
(c) repealing or revoking any such instrument.
(4) Where the Local Government Boundary Commission for England is satisfied that—
(a) a mistake has occurred in the preparation of an order under section 2(4), and
(b) the mistake is such that it cannot be rectified by a subsequent order under that section by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend),
the Commission may by order under section 2(4) make such provision as it thinks necessary or expedient for rectifying the mistake.
(5) In sub-paragraph (4), “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.
(6) A draft of a statutory instrument containing an order under section 2(4) is to be laid before Parliament before the instrument is made.
(5) In paragraph 7 (rules about Assembly constituencies), for “paragraphs 1(4), 2(2) and 4(3)” substitute “ paragraphs 1(2) and 2(2) ”.
(6) Omit Part 2 (orders under section 2(4)).
Local Government and Public Involvement in Health Act 2007 (c. 28)
11 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
12 (1) Section 4 (request for Boundary Committee for England's advice) is amended as follows.
(2) In the heading, for “Boundary Committee for England's” substitute “Local Government Boundary Commission's”.
(3) In subsection (2), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.
13 (1) Section 5 (Boundary Committee's powers) is amended as follows.
(2) In the heading, for “Boundary Committee's” substitute “Local Government Boundary Commission's”.
(3) In subsections (1), (2) and (3), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.
14 (1) Section 6 (Boundary Committee's procedures) is amended as follows.
(2) In the heading, for “Boundary Committee's” substitute “Local Government Boundary Commission's”.
(3) In subsection (1)—
(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;
(b) for “Boundary Committee”, in the remaining three places, substitute “ Commission ”.
(4) In subsection (2)—
(a) for “Boundary Committee” substitute “ Local Government Boundary Commission ”;
(b) for “Boundary Committee's” substitute “Commission's”.
(5) In subsection (4)—
(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;
(b) for “Boundary Committee”, in the second place, substitute “ Commission ”.
(6) In subsection (5), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.
15 (1) Section 7 (implementation of proposals by order) is amended as follows.
(2) In subsection (1)(b), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.
(3) In subsection (6)—
(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;
(b) for “Boundary Committee”, in the second place, substitute “ Commission ”.
(4) In subsection (7), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.
16 (1) Section 8 (review by Boundary Committee of local government areas) is amended as follows.
(2) In the heading, for “Boundary Committee” substitute “ Local Government Boundary Commission ”.
(3) In subsections (1), (2), (5), (6) and (7), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.
(4) In subsection (8)—
(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;
(b) for “Boundary Committee”, in the remaining three places, substitute “ Commission ”.
17 (1) Section 9 (Boundary Committee's review: consultation etc) is amended as follows.
(2) In the heading, for “Boundary Committee's” substitute “Local Government Boundary Commission's”.
(3) In subsection (2), for “Committee” substitute “ Local Government Boundary Commission ”.
(4) In subsection (3)—
(a) for “Boundary Committee”, in the first place, substitute “ Local Government Boundary Commission ”;
(b) for “Boundary Committee”, in the second place, substitute “ Commission ”.
(5) In subsections (4) and (5), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.
18 In section 10 (implementation of recommendations by order), in subsections (1), (2), (4) and (5), for “Boundary Committee” substitute “ Local Government Boundary Commission ”.
19 In section 12 (provision relating to membership etc of authorities), in subsection (5), for the words from “the Electoral Commission” to the end substitute “ the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009 (electoral reviews) ”.
20 (1) In section 23 (definitions), subsection (1) is amended as follows.
(2) Omit the definition of “the Boundary Committee”.
(3) After the definition of “local government area” insert—
“the Local Government Boundary Commission” means the Local Government Boundary Commission for England;
.
21 (1) Section 36 (notice to Electoral Commission) is amended as follows.
(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission for England ”.
(3) In subsection (2), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(4) After subsection (2) insert—
(3) In this Chapter, “Local Government Boundary Commission” means the Local Government Boundary Commission for England.
22 In section 41 (publicity for resolution), in subsection (4)(b), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
23 (1) Section 42 (notice to Electoral Commission) is amended as follows.
(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(3) In subsection (2), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
24 (1) Section 43 (Electoral Commission to consider whether electoral review is necessary) is amended as follows.
(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(3) In subsection (1), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(4) In subsection (2), for the words from “the Commission” to “the Boundary Committee” substitute “ the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009 ”.
(5) In subsection (3), for the words from “to direct” to “the Commission” substitute “ to conduct such a review, the Local Government Boundary Commission ”.
25 (1) Section 44 (Electoral Commission to make order for new electoral scheme) is amended as follows.
(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(3) In subsection (1), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(4) For subsection (2) substitute—
(2) But the Local Government Boundary Commission must not make the order—
(a) before it has decided whether or not conduct an electoral review (see section 43(2)), and
(b) if it has decided to conduct such a review, before the review is concluded.
26 In sections 45(2)(a) (orders for elections by halves) and 47(2)(a) (orders for elections by thirds), for “Electoral Commission make” substitute “ Local Government Boundary Commission makes ”.
27 (1) Section 50 (power to Electoral Commission to make incidental etc provision) is amended as follows.
(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(3) For “Commission” substitute “ Local Government Boundary Commission ”.
28 (1) Section 51 (position if Electoral Commission act under existing powers) is amended as follows.
(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(3) For paragraphs (a) and (b) substitute—
(a) the Local Government Boundary Commission decides to conduct an electoral review (see section 43(2)), and
(b) pursuant to that review the Commission makes recommendations for electoral changes,
.
(3) In the words after paragraph (b), for “section 17 of the Local Government Act 1992 (c. 19)” substitute “ section 59 of the Local Democracy, Economic Development and Construction Act 2009 ”.
29 (1) Section 52 (publicity for order by Electoral Commission) is amended as follows.
(2) In the heading, for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(3) In subsection (1), for “Electoral Commission have” substitute “ Local Government Boundary Commission has ”.
30 (1) Section 59 (change of name of electoral area), is amended as follows.
(2) In subsections (5), (6)(a) and (7), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(3) In subsection (8)(a), after “Local Government Act 1992 (c. 19)” insert “ , section 59 of the Local Democracy, Economic Development and Construction Act 2009 ”.
31 (1) Section 86 (reorganisation of community governance) is amended as follows.
(2) In subsections (2) and (3), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
(3) In subsection (5), after paragraph (b) insert—
(ba) section 59 of the Local Democracy, Economic Development and Construction Act 2009,
.
(4) In subsection (6)(b) after “under” insert “ section 59 of the Local Democracy, Economic Development and Construction Act 2009, ”.
32 In sections 92(2), (3), (4) and (5) (consequential recommendations), 96(7)(b) (publicising outcome), 98(1)(b), (2) and (7) (orders and regulations) and 100(2) (guidance), for “Electoral Commission” substitute “ Local Government Boundary Commission ”.
33 In section 102 (interpretation), in subsection (2), after the definition of “local government elector” insert—
“Local Government Boundary Commission” means the Local Government Boundary Commission for England.
34 In section 240 (orders, regulations and guidance), in subsections (2) and (7)(a), for “Electoral Commission” substitute “ Local Government Boundary Commission for England ”.
Section 85
Town and Country Planning Act 1990 (c. 8)
1 The Town and Country Planning Act 1990 is amended as follows.
2 (1) Section 83 (making of simplified planning zone schemes) is amended as follows.
(2) In subsections (1A), (2B) and (4) (as inserted by section 42 of the Planning and Compulsory Purchase Act 2004 (c. 5)) for “regional spatial strategy” substitute “ regional strategy ”.
(3) After subsection (4) insert—
(5) In this section and in Schedule 7 references to a regional strategy are to a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009
.
3 (1) In Schedule 1 (local planning authorities: distribution of functions), paragraph 7 (as substituted by Schedule 6 to the Planning and Compulsory Purchase Act 2004) is amended as follows.
(2) In sub-paragraph (2)(a), for “the RPB” substitute “ the responsible regional authorities ”.
(3) In sub-paragraph (3)—
(a) in paragraph (a), for “the RSS” substitute “ the regional strategy ”;
(b) in paragraph (b), for “the RPB has” substitute “ the responsible regional authorities have ”.
(4) In sub-paragraph (5)(a), for “the RPB gives” substitute “ the responsible regional authorities give ”.
(5) In sub-paragraph (7)(a), for “the RPB” substitute “ the responsible regional authorities ”.
(6) In sub-paragraph (9)(a)—
(a) for “the RSS” substitute “ the regional strategy ”;
(b) for “section 5(8) of the 2004 Act” substitute “ section 78(1) of the Local Democracy, Economic Development and Construction Act 2009 ”.
(7) For sub-paragraph (11) substitute—
(11) In this paragraph “responsible regional authorities”, in relation to a regional strategy, has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009.
4 In Schedule 7 (simplified planning zones), in paragraph 12(1A)(a) (as substituted by section 49(6) of the Planning and Compulsory Purchase Act 2004) for “regional spatial strategy” substitute “ regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009 ”.
Regional Development Agencies Act 1998 (c. 45)
5 The Regional Development Agencies Act 1998 is amended as follows.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Omit section 8 (regional consultation).
8 In section 18 (regional accountability), omit subsections (1) and (1A).
Greater London Authority Act 1999 (c. 29)
9 The Greater London Authority Act 1999 is amended as follows.
10 In section 342 (matters to which Mayor to have regard), in subsection (1)(a) (as substituted by Schedule 7 to the Planning and Compulsory Purchase Act 2004 (c. 5)), for “regional spatial strategy” substitute “ regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009 ”.
11 In Schedule 10 (Transport for London), in paragraph 2(3A), for “regional planning body”, substitute “ responsible regional authorities (within the meaning of Part 5 of the Local Democracy, Economic Development and Construction Act 2009) ”.
Planning and Compulsory Purchase Act 2004 (c. 5)
12 The Planning and Compulsory Purchase Act 2004 is amended as follows.
13 Omit sections 1 to 12 (regional functions).
14 In section 19 (preparation of local development documents), in subsections (2)(b) and (d), for “the RSS” substitute “ the regional strategy ”.
15 (1) Section 24 (conformity with regional strategy) is amended as follows.
(2) In subsection (1)(a), for “the RSS” substitute “ the regional strategy ”.
(3) Omit subsections (2) and (3).
(4) In subsection (5), for the words from “subsection (2)” to the end substitute “ subsection (4), the Mayor may give an opinion as to the general conformity of a local development document with the spatial development strategy ”.
(5) Omit subsections (6), (8) and (9).
16 In section 28 (joint local development documents), in subsection (4), for “the RSS”, in both places, substitute “ regional strategy ”.
17 In section 37 (interpretation), for subsection (6) substitute—
(6) Regional strategy” means a regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009.
(6A) “Responsible regional authorities” is to be construed in accordance with Part 5 of the Local Democracy, Economic Development and Construction Act 2009.
18 (1) Section 39 (sustainable development) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (a);
(b) in paragraph (b), after “Part 2” insert “ of this Act ”;
(c) in paragraph (c), after “Part 6” insert “ of this Act ”.
(3) In subsection (3), for “subsection (1)(a) and (b)” substitute “ subsection (1)(b) ”.
19 (1) Section 113 (validity of strategies etc) is amended as follows.
(2) In subsection (1)(a), for “the regional spatial strategy” substitute “ the regional strategy ”.
(3) In subsection (9), for paragraph (a) substitute—
(a) Part 5 of the Local Democracy, Economic Development and Construction Act 2009 in the case of a revision of the regional strategy;
.
(4) In subsection (11), for paragraph (a) substitute—
(a) for the purposes of a revision of the regional strategy, the date when the revision is published by the Secretary of State under Part 5 of Local Democracy, Economic Development and Construction Act 2009;
.
(5) After subsection (11) insert—
(12) In this section references to a revision of the regional strategy include a revised strategy under section 79 of the Local Democracy, Economic Development and Construction Act 2009.
SCHEDULE 5A COMBINED AUTHORITIES: OVERVIEW AND SCRUTINY COMMITTEES AND AUDIT COMMITTEES
Functions of overview and scrutiny committee
1 (1) A combined authority must arrange for the appointment by the authority of one or more committees of the authority (referred to in this Schedule as overview and scrutiny committees).
(2) The arrangements must ensure that the combined authority's overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—
(a) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the authority;
(b) to make reports or recommendations to the authority with respect to the discharge of any functions that are the responsibility of the authority;
(c) to make reports or recommendations to the authority on matters that affect the authority's area or the inhabitants of the area.
(3) If the combined authority is a mayoral combined authority, the arrangements must also ensure that the combined authority's overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—
(a) to review or scrutinise decisions made, or other action taken, in connection with the discharge by the mayor of any general functions;
(b) to make reports or recommendations to the mayor with respect to the discharge of any general functions;
(c) to make reports or recommendations to the mayor on matters that affect the authority's area or the inhabitants of the area.
(4) The power of an overview and scrutiny committee under sub-paragraph (2)(a) and (3)(a) to review or scrutinise a decision made but not implemented includes—
(a) power to direct that a decision is not to be implemented while it is under review or scrutiny by the overview and scrutiny committee, and
(b) power to recommend that the decision be reconsidered.
(4A) Paragraph 9 of Schedule 5BA makes provision about particular functions of overview and scrutiny committees in relation to commissioners appointed under section 107CA.
(5) An overview and scrutiny committee of a combined authority must publish details of how it proposes to exercise its powers in relation to the review and scrutiny of decisions made but not yet implemented and its arrangements in connection with the exercise of those powers.
(6) Before complying with sub-paragraph (5) an overview and scrutiny committee must obtain the consent of the combined authority to the proposals and arrangements.
(7) An overview and scrutiny committee of a combined authority may not discharge any functions other than the functions conferred by or under this Schedule.
(8) Any reference in this Schedule to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
Overview and scrutiny committees: supplementary provision
2 (1) An overview and scrutiny committee of a combined authority—
(a) may appoint one or more sub-committees, and
(b) may arrange for the discharge of any of its functions by any such sub-committee.
(2) A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).
(3) An overview and scrutiny committee of a combined authority may not include a member of the authority (including, in the case of a mayoral combined authority, the mayor for the authority's area or deputy mayor).
(4) An overview and scrutiny committee of a combined authority is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).
(5) Subsections (2) to (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a combined authority as they apply to a committee appointed under that section.
(6) An overview and scrutiny committee of a combined authority—
(a) may require the members or officers of the authority to attend before it to answer questions (including, in the case of a mayoral combined authority, the mayor for the authority's area and deputy mayor), and
(b) may invite other persons to attend meetings of the committee.
(7) A person on whom a requirement is imposed under sub-paragraph (6)(a) is required to comply with the requirement.
(8) A person is not obliged by sub-paragraph (6) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
(9) In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a combined authority must have regard to any guidance for the time being issued by the Secretary of State.
(10) Guidance under sub-paragraph (9) may make different provision for different cases or for different descriptions of committee.
(11) In sub-paragraphs (3) to (9) references to an overview and scrutiny committee of a combined authority include references to any sub-committee of such a committee.
Power to make further provision about overview and scrutiny committees
3 (1) The Secretary of State may by order make further provision about overview and scrutiny committees of a combined authority.
(2) Provision under sub-paragraph (1) may in particular include provision—
(a) about the membership of an overview and scrutiny committee and the voting rights of such members;
(aa) about the payment of allowances to members of such a committee who are members of a constituent council;
(b) about the person who is to be chair of such a committee;
(c) for the appointment of a person to act as a scrutiny officer of an overview and scrutiny committee;
(d) about how and by whom matters may be referred to an overview and scrutiny committee;
(e) requiring persons (whether members of the authority or other persons) to respond to reports or recommendations made by an overview and scrutiny committee;
(f) about the publication of reports, recommendations or responses;
(g) about information which must, or must not, be disclosed to an overview and scrutiny committee (whether by members of the authority or by other persons);
(h) as to the minimum or maximum period for which a direction under paragraph 1(4)(a) may have effect.
(3) Provision must be made under sub-paragraph (2)(a) so as to ensure that the majority of members of an overview and scrutiny committee are members of the combined authority's constituent councils.
(4) Provision must be made under sub-paragraph (2)(b) so as to ensure that the chair of an overview and scrutiny committee is—
(a) an independent person (as defined by the order), or
(b) an appropriate person who is a member of one of the combined authority's constituent councils.
(5) For the purposes of sub-paragraph (4)(b) “appropriate person”—
(a) in relation to a mayoral combined authority, means a person who is not a member of a registered political party of which the mayor is a member, and
(b) in relation to any other combined authority, means a person who is not a member of the registered political party which has the most representatives among the members of the constituent councils (or, if there is no such party because two or more parties have the same number of representatives, is not a member of any of those parties).
(6) In sub-paragraph (2)(c) the reference to a “scrutiny officer” of an overview and scrutiny committee is a reference to a person appointed with the function of—
(a) promoting the role of the committee, and
(b) providing support and guidance—
(i) to the committee and its members, and
(ii) to members of the combined authority (so far as relating to the functions of the committee).
(7) Provision under sub-paragraph (2)(f) may include provision for descriptions of confidential or exempt information to be excluded from the publication of reports, recommendations or responses.
(8) In this paragraph—
“constituent council”, in relation to a combined authority, means—
a county council the whole or any part of whose area is within the area of the combined authority, or
a district council whose area is within the area of the combined authority;
“registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.
(9) In this paragraph references to an overview and scrutiny committee include references to any sub-committee of such a committee.
Audit committees
4 (1) A combined authority must arrange for the appointment by the authority of an audit committee.
(2) The functions of the audit committee are to include—
(a) reviewing and scrutinising the authority's financial affairs,
(b) reviewing and assessing the authority's risk management, internal control and corporate governance arrangements,
(c) reviewing and assessing the economy, efficiency and effectiveness with which resources have been used in discharging the authority's functions, and
(d) making reports and recommendations to the combined authority in relation to reviews conducted under paragraphs (a), (b) and (c).
(3) The Secretary of State may by order make provision about—
(a) the membership of a combined authority's audit committee;
(b) the appointment of the members;
(c) the payment of allowances to members of the committee who are members of a constituent council (within the meaning of paragraph 3).
(4) Provision must be made under sub-paragraph (3) so as to ensure that at least one member of an audit committee is an independent person (as defined by the order).
SCHEDULE 5B MAYORS FOR COMBINED AUTHORITY AREAS: FURTHER PROVISION ABOUT ELECTIONS
Interpretation
1 In this Schedule references to a mayor are references to a mayor for the area of a combined authority.
Timing of elections
2 (1) The term of office of a mayor is to be four years.
(2) The first election for the return of a mayor is to take place on the first day of ordinary elections of councillors of a constituent council to take place after the end of the period of 6 months beginning with the day on which the order under section 107A comes into force.
(3) Subsequent elections for the return of a mayor are to take place in every fourth year thereafter on the same day as the ordinary election of councillors of that constituent council.
(4) But this paragraph has effect subject to any provision made under paragraph 3.
(5) In this paragraph “constituent council” means—
(a) a county council the whole or any part of whose area is within the area of the combined authority, or
(b) a district council whose area is within the area of the combined authority.
3 The Secretary of State ... may by order make provision—
(a) as to the dates on which and years in which elections for the return of a mayor may or must take place,
(b) as to the intervals between elections for the return of a mayor,
(c) as to the term of office of a mayor, and
(d) as to the filling of vacancies in the office of a mayor.
Voting at elections of mayors
4 (1) Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote (a “mayoral vote”).
(2) The mayor is to be returned under the simple majority system unless there are three or more candidates ....
(3) If there are three or more candidates to be the mayor—
(a) the elected mayor is to be returned under the supplementary vote system in accordance with paragraph 5, and
(b) a voter’s mayoral vote is accordingly a vote capable of being given to indicate the voter’s first and second preference from among the candidates.
5 (1) This paragraph applies where there are three or more candidates to be a mayor.
(2) In this Schedule—
“first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the mayor;
“second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the mayor.
(3) If one of the candidates to be the mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the mayor.
(4) If none of the candidates to be the mayor receives more than half of all the first preference votes given in the election, the following provisions of this paragraph apply.
(5) The two candidates who received the greatest number of first preference votes given in the election remain in the contest.
(6) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (5), all of them remain in the contest.
(7) The other candidates are eliminated from the contest.
(8) The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.
(9) The person who must be returned as the mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.
(10) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the mayor.
(11) In this paragraph “mayoral vote” has the meaning given by paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).
Entitlement to vote
6 (1) The persons entitled to vote as electors at an election for the return of a mayor for the area of a combined authority are those who on the day of the poll—
(a) would be entitled to vote as electors at an election of councillors for an electoral area situated wholly or partly within the area of the authority, and
(b) are registered in the register of local government electors at an address within the authority's area.
(2) A person is not entitled as an elector to cast more than one mayoral vote at an election for the return of a mayor.
(3) In this paragraph—
“electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;
“local government elector” has the meaning given by section 270(1) of the Local Government Act 1972;
“mayoral vote” has the meaning given by paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).
Election as mayor and councillor
7 (1) If the person who is returned at an election as the mayor for the area of a combined authority is also returned at an election held at the same time as a councillor of a constituent council, a vacancy arises in the office of councillor.
(2) If the person who is returned at an election (“the mayoral election”) as the mayor for the area of a combined authority—
(a) is a councillor of a constituent council, and
(b) was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy arises in the office of councillor.
(3) Subject to sub-paragraph (4), a person who is elected as the mayor for the area of a combined authority may not be a candidate in an election for the return of a councillor or councillors of a constituent council.
(4) A person who is the mayor for the area of a combined authority may be a candidate in an election for the return of a councillor or councillors of a constituent council if the election is held at the same time as an election for the return of the mayor, but sub-paragraph (1) applies if the person is a candidate in both such elections and is returned as the mayor and as a councillor.
(5) In this paragraph, “constituent council” means—
(a) a county council the whole or any part of whose area is within the area of the combined authority, or
(b) a district council whose area is within the area of the combined authority.
Qualification and disqualification
8 (1) In order to be qualified to be elected and to hold office as the mayor for the area of a combined authority, a person must, on the relevant day, be—
(a) at least 18 years old, and
(b) a qualifying citizen.
(2) The person must also—
(a) on and after the relevant day, be entitled (under paragraph 6) to vote in the election for the return of the mayor for that area, or
(b) for the twelve months before the relevant day—
(i) have occupied, as owner or tenant, land or other premises within an electoral area situated wholly or partly within the area of the authority,
(ii) had his or her principal or only place of work in that electoral area, or
(iii) resided in that electoral area.
(3) In this paragraph—
“electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;
“qualifying citizen” means a person who is—
a qualifying Commonwealth citizen (within the meaning given by section 79 of the Local Government Act 1972),
a citizen of the Republic of Ireland,
a qualifying EU citizen (within the meaning given by section 203A of the Representation of the People Act 1983), or
an EU citizen with retained rights (within the meaning given by section 203B of that Act).
“relevant day” means—
if the election is preceded by the nomination of candidates, the day on which the person is nominated, and
if the election is not preceded by the nomination of candidates, the day of the election.
9 (1) A person is disqualified for being elected or holding office as the mayor for the area of a combined authority if the person—
(a) holds any paid office or employment (other than the office of mayor or deputy mayor) appointments or elections to which are or may be made by or on behalf of the combined authority or any of the constituent councils;
(b) is the subject of—
(i) a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986, or
(ii) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;
(c) has in the five years before being elected, or at any time since being elected, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and been sentenced to a period of imprisonment of three months or more without the option of a fine;
(d) is disqualified for being elected or for being a member of a constituent council under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices).
(e) is incapable of being elected to or holding—
(i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);
(ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).
(2) For the purposes of sub-paragraph (1)(c), a person is to be treated as having been convicted on—
(a) the expiry of the ordinary period allowed for making an appeal or application with respect to the conviction, or
(b) if an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
(3) In this paragraph, “constituent council” means—
(a) a county council the whole or any part of whose area is within the area of the combined authority, or
(b) a district council whose area is within the area of the combined authority.
9A (1) A person is disqualified for being elected or holding office as the mayor for the area of a combined authority if the person is subject to—
(a) any relevant notification requirements, or
(b) a relevant order.
(2) In this paragraph “relevant notification requirements” mean—
(a) the notification requirements of Part 2 of the Sexual Offences Act 2003;
(b) the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010;
(c) the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;
(d) the notification requirements of Schedule 1 to the Criminal Justice Act 2001 (an Act of Tynwald: c. 4).
(3) In this paragraph “relevant order” means—
(a) a sexual harm prevention order under section 345 of the Sentencing Code;
(b) a sexual harm prevention order under section 103A of the Sexual Offences Act 2003;
(c) a sexual offences prevention order under section 104 of that Act;
(d) a sexual risk order under section 122A of that Act;
(e) a risk of sexual harm order under section 123 of that Act;
(f) a risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;
(g) a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;
(h) a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010;
(i) a child protection order under Article 11 of that Law;
(j) a sexual offences prevention order under section 18 of that Law;
(k) a risk of sexual harm order under section 22 of that Law;
(l) a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of Tynwald: c. 20);
(m) a risk of sexual harm order under section 5 of that Act.
(4) For the purposes of sub-paragraph (1)(a), a person who is subject to any relevant notification requirements is not to be regarded as disqualified until—
(a) the expiry of the ordinary period allowed for making an appeal or application against the conviction, finding, caution, order or certification in respect of which the person is subject to the relevant notification requirements, or
(b) if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
(5) For the purposes of sub-paragraph (1)(b), a person who is subject to a relevant order is not to be regarded as disqualified until—
(a) the expiry of the ordinary period allowed for making an appeal against the relevant order, or
(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
9B (1) A person is disqualified for holding office as the mayor for the area of a combined authority if the person is an elected member of a legislature in the United Kingdom.
(2) If a person—
(a) is elected as the mayor for the area of a combined authority, and
(b) is, on the first day of the mayoral term, an elected member of a legislature in the United Kingdom,
the person is not disqualified under this paragraph for holding office as the mayor at any time in the period of eight days beginning with the first day of the mayoral term.
(3) If a person—
(a) becomes an elected member of a legislature in the United Kingdom, and
(b) is, when the person becomes the elected member, the mayor for the area of a combined authority,
the person is not disqualified under this paragraph for holding office as the mayor at any time in the period of eight days beginning with the day on which the person becomes the elected member of the legislature.
(4) In this paragraph—
“elected member of a legislature in the United Kingdom” means a member of—
the House of Commons;
the Scottish Parliament;
Senedd Cymru;
the Northern Ireland Assembly;
“first day of the mayoral term”, in relation to a person who is elected as the mayor for the area of a combined authority, means the day that would be the first day of the person’s term as the mayor if it is assumed that the person is not disqualified under this paragraph.
10 Paragraph 9 of Schedule 5C contains further provision about disqualification in the case of mayors who exercise PCC functions.
11 The acts of a person elected as a mayor for the area of a combined authority who acts in that office are, despite any disqualification or lack of qualification—
(a) in respect of being, or being elected as, a mayor, or
(b) in respect of being, or being elected as, the mayor for that area,
as valid and effectual as if the person had not been so disqualified or as if the person had been qualified.
Power to make further provision
12 (1) The Secretary of State ... may by order make provision as to—
(a) the conduct of elections for the return of mayors, and
(b) the questioning of elections for the return of mayors and the consequences of irregularities.
(2) An order under sub-paragraph (1)(a) may, in particular, include provision—
(a) about the registration of electors,
(b) for disregarding alterations in a register of electors,
(c) about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), and
(d) for the combination of polls at elections for the return of mayors and other elections.
(3) An order under this paragraph may—
(a) apply or incorporate (with or without modifications) any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,
(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of mayors, and
(c) so far as may be necessary in consequence of any provision made by or under this Part or any order under this paragraph, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.
(4) Before making an order under this paragraph, the Secretary of State ... must consult the Electoral Commission.
(5) In addition, the power of the Secretary of State ... to make an order under this paragraph so far as relating to matters mentioned in sub-paragraph (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State or the Minister for the Cabinet Office considers that it is expedient to exercise that power in consequence of changes in the value of money.
(6) No return of a mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in an order under this paragraph.
Section 107CA
Application of Schedule
1 This Schedule applies to commissioners appointed by the mayor for the area of a combined authority (see section 107CA).
Persons ineligible for appointment
2 (1) The appointment of an ineligible person as a commissioner is of no effect.
(2) The appointment of a person ceases to have effect if a person becomes ineligible after appointment as a commissioner.
(3) For the purposes of this paragraph a person is “ineligible” if the person—
(a) is disqualified for being elected or holding office as the mayor for the area of a combined authority under paragraph 9, 9A or 9B of Schedule 5B, or
(b) is the mayor or deputy mayor for the area of the combined authority to which the appointment relates.
(4) But being a commissioner does not make a person ineligible by virtue of paragraph 8(1)(a) of Schedule 2 (as applied by sub-paragraph (3)(a)) — instead see paragraph 4(3).
(5) Any defect in the appointment of a person as a commissioner, or in the qualifications of a person appointed as a commissioner, does not affect the validity of anything done by the person as commissioner.
Terms and conditions of appointment
3 (1) The mayor must determine the terms and conditions of a person’s appointment as a commissioner.
(2) But that is subject to the provisions of this Schedule.
Commissioner to work in only one area of competence
4 (1) The terms and conditions must provide for the person’s work as commissioner to relate to one of the areas of competence (the commissioner’s “special” area of competence)., whether by relating to—
(a) one or more aspects of that area of competence, or
(b) that area of competence generally.
(2) This paragraph does not prevent a person’s work as a commissioner from relating incidentally—
(a) to any area of competence other than the commissioner’s special area, or
(b) to matters outside any of the areas of competence.
(3) The appointment of a person as a commissioner (the “invalid appointment”) is of no effect if (in the absence of this paragraph) the person would, at any particular time, be serving—
(a) as commissioner under the invalid appointment, and
(b) as commissioner under another appointment made before, or at the same time as, the invalid appointment—
(i) under section 107CA (whether or not in relation to the same combined authority as the invalid appointment), or
(ii) under section 29A of the Levelling-up and Regeneration Act 2023 (appointments by mayors of CCAs).
Duration of appointment
5 (1) The terms and conditions must provide for a person’s appointment as a commissioner to end on or before the last day of the relevant term of office of the mayor making the appointment.
(2) If the mayor who made the appointment ceases to hold office before the last day of the relevant term of office—
(a) any arrangements under section 107D(3)(ba) for the commissioner to exercise functions cease to have effect;
(b) the commissioner must not carry out any work as commissioner, except work in preparation for the ending of the appointment in accordance with paragraph (c); and
(c) the appointment as commissioner ends with the earlier of the following days—
(i) the day on which a person next becomes mayor for the area of the combined authority;
(ii) the last day of the period of three months beginning with the day on which the mayor ceases to hold office.
(3) In this paragraph “relevant term of office”, in relation to an appointment of a person as a commissioner made by a mayor, means the term of office of the mayor during which, or in relation to which, the appointment is made.
Limitation on delegation of functions
6 (1) The power of the mayor to arrange under section 107D(3)(ba) for a commissioner to exercise a function is subject to this paragraph.
(2) The mayor may not arrange for a commissioner to exercise—
(a) any function of approving—
(i) a local growth plan under section 107L,
(ii) a local transport plan under Part 2 of the Transport Act 2000,
(iii) a spatial development strategy under Part 2 of the Planning and Compulsory Purchase Act 2004, or
(iv) any other document that is specified for the purposes of this paragraph in an order made by the Secretary of State;
(b) any function of making or terminating the appointment of a person as a member of staff or holder of any office or role (whether as an employee or otherwise);
(c) any function of a police and crime commissioner that is exercisable by the mayor or the deputy mayor for policing and crime;
(d) excepted fire and rescue functions.
(3) The mayor must obtain the consent of the combined authority to any arrangement for a commissioner to exercise a function; but this does not apply to a function that is exercisable only by the mayor on behalf of the combined authority.
(4) The mayor may not arrange for a commissioner to exercise a function except in relation to the commissioner’s special area of competence.
(5) That does not prevent the mayor from arranging for the commissioner to exercise the function incidentally in relation—
(a) to any area of competence other than the commissioner’s special area, or
(b) to matters outside any of the areas of competence.
(6) In this paragraph “excepted fire and rescue functions” means—
(a) functions under the following provisions of the FRSA 2004—
(i) section 13 (reinforcement schemes);
(ii) section 15 (arrangements with other employers of fire-fighters);
(iii) section 16 (arrangements for discharge of functions by others);
(b) the functions of—
(i) appointing, suspending or dismissing the chief fire officer;
(ii) approving the terms of appointment of the chief fire officer;
(iii) holding the chief fire officer to account for managing the fire and rescue service;
(c) approving—
(i) the community risk management plan;
(ii) the fire and rescue declaration;
(d) approving plans, modifications to plans and additions to plans for the purpose of ensuring that—
(i) as far as reasonably practicable, the combined authority is able to perform its fire and rescue functions if an emergency occurs, and
(ii) the combined authority is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;
(e) approving any arrangements for the co-operation of the combined authority in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of—
(i) the performance of the combined authority’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise);
(ii) any duties under subordinate legislation made in exercise of powers under that Act.
(7) In sub-paragraph (6) and this sub-paragraph—
“Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental);
“chief fire officer” means the person with responsibility for managing the fire and rescue service;
“community risk management plan” means a plan which—
is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, and
sets out for the period covered by the document in accordance with the requirements of the Framework—
the combined authority’s priorities and objectives, and
an assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the combined authority’s fire and rescue functions;
“emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”);
“fire and rescue authority” means a fire and rescue authority under the FRSA 2004;
“fire and rescue declaration” means a document which—
is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, and
contains a statement of the way in which the combined authority has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the combined authority for that period;
“fire and rescue functions” means—
functions of a fire and rescue authority which the combined authority has by virtue of an order under section 105A, or
functions which the combined authority has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the FRSA 2004;
“Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRSA 2004;
“fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under—
section 6 of the FRSA 2004 (fire safety);
section 7 of the FRSA 2004 (fire-fighting);
section 8 of the FRSA 2004 (road traffic accidents);
any applicable order under section 9 of the FRSA 2004 (emergencies);
section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise) and any applicable subordinate legislation made under that Act;
any other provision of, or made under, an enactment which confers functions on a fire and rescue authority;
“FRSA 2004” means the Fire and Rescue Services Act 2004.
Allowances
7 (1) A combined authority may—
(a) make a scheme providing for the payment of allowances to commissioners appointed by the mayor for the area of the combined authority, and
(b) pay allowances in accordance with the scheme.
(2) A combined authority may only make a scheme if—
(a) the combined authority has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and
(b) the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel.
(3) A combined authority which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts).
(4) In this section “relevant remuneration panel” means a panel that is specified, or of a description specified, in an order made by the Secretary of State for the purposes of this paragraph.
Ending of appointment
8 The appointment of a person as a commissioner ends if—
(a) the appointment ceases to have effect in accordance with paragraph 2(2)or 4(3),
(b) the appointment ends—
(i) in accordance with the terms and conditions included by virtue of paragraph 5(1), or
(ii) in accordance with paragraph 5(2),
(c) the appointment is terminated in accordance with its terms and conditions or otherwise in accordance with contract law—
(i) by the mayor for the area of the combined authority (whether that is the person who made the appointment or a successor), or
(ii) by the commissioner,
(d) the appointment ceases to have effect in accordance with paragraph 9(4), or
(e) the commissioner dies.
Role of overview and scrutiny committees
9 (1) The power which the combined authority’s overview and scrutiny committee has (or its overview and scrutiny committees have between them) in accordance with paragraph 1(3) of Schedule 5A must include power to recommend that a commissioner’s appointment is terminated.
(2) If a recommendation is made that a commissioner’s appointment is terminated, the combined authority must decide whether or not to accept the recommendation.
(3) A decision to accept the recommendation must be made by a two thirds majority of the non-mayoral members, or substitute members acting in their place, of the combined authority present and voting on the question at a meeting of the authority.
(4) If a decision is made to accept the recommendation, the commissioner’s appointment ceases to have effect when the decision is made.
(5) In this paragraph “non-mayoral members”, in relation to a combined authority, means the members of the combined authority other than the mayor.
Powers of appointment and termination exercisable on behalf of the combined authority
10 (1) The powers to make and terminate the appointment of a person as a commissioner are (by virtue of section 107D(1A)) powers of the combined authority exercisable only by the mayor on behalf of the combined authority.
(2) Accordingly, if a person is appointed as a commissioner—
(a) under a worker’s contract, the combined authority is the employer;
(b) under a contract other than a worker’s contract, the contract is between the combined authority and the commissioner;
(c) otherwise than under a contract, the commissioner holds office under the combined authority.
(3) In this paragraph “worker’s contract” and “employer” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act).
Guidance
11 (1) The Secretary of State may issue guidance about the selection or appointment of commissioners.
(2) The mayors for the areas of combined authorities must take account of any such guidance.
(3) The Secretary of State may issue guidance about the exercise of the function under paragraph 6(3) of consenting to arrangements for a function to be exercisable by a commissioner.
(4) Combined authorities must take account of any such guidance.
(5) The Secretary of State may issue guidance about the exercise by combined authorities of the powers conferred by paragraph 7 and guidance about compliance with the duty under that paragraph to produce and publish reports.
(6) Combined authorities must take account of any such guidance.
(7) The Secretary of State may issue guidance about the terms of reports produced by relevant remuneration panels for the purposes of paragraph 7.
(8) Relevant remuneration panels must take account of any such guidance.
(9) The Secretary of State may issue guidance about the making of recommendations under paragraph 9 to terminate the appointment of a person as commissioner.
(10) The members of overview and scrutiny committees must take account of any such guidance.
SCHEDULE 5C MAYORS FOR COMBINED AUTHORITY AREAS: PCC FUNCTIONS
Introductory
1 (1) This Schedule applies where an order is made under section 107F(1) providing for a mayor to exercise functions of a police and crime commissioner.
(2) A duty under this Schedule to make provision by order is a duty to make such provision in an order made at any time before the first election of a mayor who, by virtue of an order under section 107F(1), is to exercise functions of a police and crime commissioner.
(3) In this Schedule references to “the mayor” and the “combined authority area” are references to a mayor or area in relation to which an order is made under section 107F(1).
(4) In this Schedule “the 2011 Act” means the Police Reform and Social Responsibility Act 2011.
PCC functions exercisable by the mayor
2 (1) The Secretary of State may by order provide that the mayor may exercise in the combined authority area—
(a) all PCC functions,
(b) all PCC functions other than those specified or described in the order, or
(c) only those PCC functions specified or described in the order.
(2) But an order under sub-paragraph (1)(b) or (c) must secure that the following PCC functions are exercisable by the mayor in relation to the combined authority area—
(a) the functions mentioned in subsections (6) to (8) of section 1 of the 2011 Act (securing maintenance of efficient and effective police force and holding the relevant chief constable to account);
(b) the functions under sections 5, 7 and 8 of that Act (issuing etc a police and crime plan);
(c) the functions under section 38 of that Act (appointing, suspending or removing a chief constable).
Delegation of functions
3 (1) The Secretary of State must by order make provision authorising the mayor—
(a) to appoint a deputy mayor in respect of PCC functions (“deputy mayor for policing and crime”), and
(b) to arrange for the deputy mayor for policing and crime to exercise any PCC functions of the mayor.
(2) An order under this paragraph must include provision authorising the mayor to arrange for any other person to exercise any PCC functions of the mayor.
(3) An order under this paragraph must include provision preventing the mayor from appointing as deputy mayor for policing and crime—
(a) the person who is appointed as deputy mayor under section 107C;
(b) a person listed in subsection (6) of section 18 of the 2011 Act;
(c) any other person of a description specified in the order.
(4) An order under this paragraph must include provision preventing the mayor from arranging for the deputy mayor for policing and crime to exercise—
(a) a PCC function of the mayor of a kind listed in subsection (7)(a), (e) or (f) of section 18 of the 2011 Act, or
(b) any other PCC function specified or described in the order.
(5) An order under this paragraph must include provision preventing the mayor from arranging, by virtue of provision under sub-paragraph (2), for a person to exercise—
(a) any function if the person is listed in subsection (6) of section 18 of the 2011 Act;
(b) a function listed in subsection (7) of that section;
(c) any other PCC function specified or described in the order.
(6) An order under this paragraph must include provision authorising the deputy mayor for policing and crime to arrange for any other person to exercise any PCC function of the mayor which is exercisable by the deputy mayor for policing and crime in accordance with provision made under this paragraph.
(7) An order under this paragraph must include provision preventing the deputy mayor for policing and crime from arranging for a person to exercise a function if—
(a) the person is listed in subsection (6) of section 18 of the 2011 Act, or
(b) the function is a PCC function of the mayor—
(i) of a kind listed in subsection (7)(b), (c) or (d) of that section, or
(ii) of any other kind specified or described in the order.
Police and crime panels
4 The Secretary of State must by order provide for a panel to be established in relation to the combined authority area with functions, in relation to the exercise by the mayor of PCC functions, corresponding to those of a police and crime panel under sections 28 and 29 of the 2011 Act.
5 (1) The Secretary of State may by order provide for a police and crime panel to have oversight functions in relation to any general functions of the mayor that are the subject of arrangements under section 107D(3)(c)(i) (power to arrange for general functions to be exercisable by deputy mayor for policing and crime).
(2) If it appears to the Secretary of State expedient for the police and crime panel also to have oversight functions in relation to other general functions of the mayor that are related to general functions in respect of which an order is made under sub-paragraph (1), the Secretary of State may by order provide for the panel to have oversight functions in relation to those other general functions.
(3) An order under this paragraph may disapply, or otherwise modify, the application of paragraph 1(3) of Schedule 5A so far as relating to general functions of the mayor in respect of which a police and crime panel has oversight functions.
(4) In this paragraph—
“oversight functions”, in relation to general functions of the mayor, are functions that are of a corresponding or similar kind to those that a police and crime panel has in relation to PCC functions of the mayor;
“police and crime panel” means a panel established by virtue of an order under paragraph 4.
5A The Secretary of State may by order make provision about the payment of allowances to members of a police and crime panel established by virtue of an order under paragraph 4 who are members of a constituent council (within the meaning of paragraph 3 of Schedule 5A).
Financial matters
6 The Secretary of State must by order make provision—
(a) requiring the mayor to maintain a fund in relation to receipts arising, and liabilities incurred, in the exercise of PCC functions;
(b) about the preparation of an annual budget in relation to the exercise of such functions.
Suspension
7 The Secretary of State must by order provide for the panel mentioned in paragraph 4 to have power to suspend the mayor, so far as acting in the exercise of PCC functions, in circumstances corresponding to those mentioned in section 30(1) of the 2011 Act in relation to a police and crime commissioner.
Conduct
8 The Secretary of State must by order make provision about the matters mentioned in paragraphs (a) to (c) of section 31(1) of the 2011 Act (taking references in those paragraphs to “relevant office holders” as references to the mayor and the deputy mayor for policing and crime).
Disqualification
9 (1) The Secretary of State must by order provide for sections 64 to 66 and section 68 of the 2011 Act to apply in relation to a person being, or being elected as, the mayor as they apply in relation to a person being, or being elected as, a police and crime commissioner.
(2) Provision under sub-paragraph (1) is in addition to paragraphs 8 , 9 , 9A and 9B of Schedule 5B.
Policing protocol
10 The Secretary of State must by order require the mayor to have regard, in the exercise of PCC functions, to the policing protocol issued under section 79 of the 2011 Act.
Application of certain enactments
11 (1) The Secretary of State must by order provide for the following provisions of the Police Act 1996 to apply to the mayor, in the exercise of PCC functions, as though the mayor were a police and crime commissioner—
(a) sections 24(4) and 98(6) (aid of one police force by another);
(b) sections 22A to 23H (collaboration agreements);
(c) sections 40 to 40B (powers to give directions);
(d) sections 54 and 55 (appointment and functions of Her Majesty's Inspectors of Constabulary);
(e) section 96A(2) (national and international functions).
(2) The Secretary of State must by order provide for provision similar to section 41 of the Police Act 1996 (directions as to minimum budget) to have effect for the purpose of enabling directions to be given to the mayor acting on behalf of the mayoral combined authority in relation to the calculation of the component of the council tax requirement relating to the mayor's PCC functions (see section 107G(4)(a) above).
Supplementary
12 (1) Subject to the requirements of this Schedule, the Secretary of State may by order make any other provision the Secretary of State thinks appropriate for the purposes of giving full effect to an order under section 107F.
(2) Sub-paragraphs (3) and (4) apply in relation to an order under—
(a) this paragraph,
(b) another paragraph of this Schedule, or
(c) section 107F.
(3) The order may include provision—
(a) that is similar to any police and crime commissioner enactment, or
(b) for a purpose corresponding to a purpose for which any such enactment is made.
(4) The order may provide for the mayor to be treated as a police and crime commissioner for the purposes of any police and crime commissioner enactment.
(5) “Police and crime commissioner enactment” means—
(a) any enactment that is contained in, or is made under, Part 1 of the 2011 Act, and
(b) any other enactment that has effect in relation to police and crime commissioners.
(6) In sub-paragraph (5) “enactment” includes an enactment whenever passed or made.
(7) Power to make an order under this paragraph is in addition to (and does not limit) the power to make an order under section 114.
(8) Subsections (5) and (6) of section 107C, so far as relating to the exercise of PCC functions, are subject to any provision contained in an order under this Schedule.
(9) An order under this Schedule may relate to—
(a) a particular mayor in respect of whom an order under section 107F(1) has effect, or
(b) all mayors in respect of whom any such order has effect.
Schedule 6 EPBs and combined authorities: amendments
Section 119
Landlord and Tenant Act 1954 (c. 56)
1 In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the definition of “local authority”, for the words from “or a joint authority” to the end substitute “ , a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 or a combined authority established under section 103 of that Act; ”.
Trustee Investments Act 1961 (c. 62)
2 In section 11(4)(a) of the Trustee Investments Act 1961 (local authority investment schemes), after “Local Government Act 1985,” insert “ an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ”.
Local Government (Records) Act 1962 (c. 56)
3 (1) The Local Government (Records) Act 1962 is amended as follows.
(2) In section 2(6) (acquisition and deposit of records), after “(waste regulation and disposal authorities)” insert “ , to an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, to a combined authority established under section 103 of that Act ”.
(3) In section 8(1) (interpretation), in the definition of “local authority”, after “(waste regulation and disposal authorities),” insert “ or an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 or a combined authority established under section 103 of that Act ”.
Local Government Act 1966 (c. 42)
4 In section 11(2) of the Local Government Act 1966 (grants for certain expenditure due to ethnic minority population), for the words from “and a joint authority” to the end substitute “ , a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 and a combined authority established under section 103 of that Act as it applies to a local authority. ”
Leasehold Reform Act 1967 (c. 88)
5 In section 28(5)(a) of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), after “Local Government Act 1985,” insert “ any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, any combined authority established under section 103 of that Act, ”.
Transport Act 1968 (c. 73)
6 In section 56(6) of the Transport Act 1968 (assistance towards capital expenditure on public transport facilities), after paragraph (bb) insert—
(bc) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
.
Local Government Grants (Social Need) Act 1969 (c. 2)
7 In section 1(3) of the Local Government Grants (Social Need) Act 1969 (provision for grants), for the words from “and a joint authority” to the end substitute “ , a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 and a combined authority established under section 103 of that Act. ”
Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
8 In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), after “Local Government Act 1985,” insert “ an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ”.
Local Authorities (Goods and Services) Act 1970 (c. 39)
9 In section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in the definition of “local authority”, after “Local Government Act 1985,” insert “ any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, any combined authority established under section 103 of that Act, ”.
Local Government Act 1972 (c. 70)
10 The Local Government Act 1972 is amended as follows.
11 In section 70 (restriction on promotion of Bills for changing local government areas), in subsections (1) and (3), after “joint authority” insert “ , economic prosperity board, combined authority ”.
12 In section 80(2)(b) (disqualifications for election and holding office as member of local authority), after “joint authority,” insert “ economic prosperity board, combined authority, ”.
13 In section 85(4) (vacation of office by failure to attend meetings), after “joint authority” insert “ , an economic prosperity board, a combined authority ”.
14 In section 86(2) (declaration by local authority of vacancy in office), after “joint authority” insert “ , an economic prosperity board, a combined authority ”.
15 In section 92(7) (proceedings for disqualification)—
(a) after “includes a joint authority” insert “ , an economic prosperity board and a combined authority ”;
(b) after “in relation to a joint authority” insert “ , an economic prosperity board or a combined authority ”.
16 In section 98(1A) (interpretation of sections 95 and 97), after “joint authority,” insert “ an economic prosperity board, a combined authority, ”.
17 In section 99 (meetings and proceedings of local authorities), after “joint authorities,” insert “ economic prosperity boards, combined authorities, ”.
18 In section 100J (application of Part 5A to new authorities)—
(a) in subsection (1), after paragraph (bb) insert—
(bc) an economic prosperity board;
(bd) a combined authority;
;
(b) in subsection (2), in the words following paragraph (b), after “(bb)” insert “ , (bc), (bd) ”;
(c) in subsection (3), after “(bb),” insert “ (bc), (bd), ”;
(d) in subsection (4)(a), after “joint waste authority” insert “ , an economic prosperity board, a combined authority ”.
19 In section 101(13) (arrangements for discharge of functions by local authorities), after “police authority,” insert “ an economic prosperity board, a combined authority, ”.
20 In section 142(1B) (provision of information etc relating to matters affecting local government), after “the Local Government Act 1985” insert “ , an economic prosperity board, a combined authority ”.
21 (1) Section 146A (application of provisions of Part 7 to joint authorities etc) is amended as follows.
(2) In subsection (1), in the opening words—
(a) for “subsection (1A)” substitute “ subsections (1ZA), (1ZB) and (1A) ”;
(b) after “joint authority,” insert “ an economic prosperity board, a combined authority, ”.
(3) After that subsection insert—
(1ZA) In its application by virtue of subsection (1) to an economic prosperity board, section 111 has effect as if it did not permit the borrowing of money.
(1ZB) In its application by virtue of subsection (1) to a combined authority, section 111 has effect as if it permitted the borrowing of money for the purposes of the exercise by the authority of its transport functions only.
22 In section 175(3B) (allowances for attending conferences and meetings), after “joint waste authority” insert “ , an economic prosperity board, a combined authority ”.
23 In section 176(3) (payment of expenses of official and courtesy visits), after “joint authority,” insert “ an economic prosperity board, a combined authority, ”.
24 In section 223(2) (appearance of local authorities in legal proceedings), after “joint authority,” insert “ an economic prosperity board, a combined authority, ”.
25 In section 224(2) (arrangements by principal councils for custody of documents), after “joint authority” insert “ , economic prosperity board, combined authority ”.
26 In section 225(3) (deposit of documents with proper officer of authority etc), after “joint authority” insert “ , an economic prosperity board, a combined authority ”.
27 In section 228(7A) (inspection of documents), after “joint authority” insert “ , an economic prosperity board, a combined authority ”.
28 In section 229(8) (photographic copies of documents), after “joint authority,” insert “ an economic prosperity board, a combined authority, ”.
29 In section 230(2) (reports and returns), after “joint authority” insert “ , an economic prosperity board, a combined authority ”.
30 In section 231(4) (service of notices on local authorities), after “joint authority,” insert “ an economic prosperity board, a combined authority, ”.
31 In section 232(1A) (public notices), after “joint authority,” insert “ an economic prosperity board, a combined authority, ”.
32 In section 233(11) (service of notices by local authorities), after “joint authority,” insert “ an economic prosperity board, a combined authority, ”.
33 In section 234(4) (authentication of documents), after “joint authority,” insert “ an economic prosperity board, a combined authority, ”.
34 In section 236(1) (procedure etc for byelaws), for “or an Integrated Transport Authority for an integrated transport area in England” substitute “ , an Integrated Transport Authority for an integrated transport area in England or a combined authority ”.
35 In section 236B(1) (power to revoke byelaws), after paragraph (d) insert
;
(e) a combined authority.
36 In section 238 (evidence of byelaws), in the opening words, for “or an Integrated Transport Authority for an integrated transport area in England” substitute “ , an Integrated Transport Authority for an integrated transport area in England or a combined authority ”.
37 In section 239(4A) (power to promote or oppose local or personal Bills), after “joint authority” insert “ , an economic prosperity board, a combined authority ”.
38 In section 270(1) (general provisions as to interpretation), at the appropriate places insert—
“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;”;
“ “economic prosperity board” means an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
.
39 In Schedule 12 (meetings and proceedings of local authorities), in paragraph 6A(1) (application of paragraph 1 to joint authorities), after “a joint authority” insert “ , an economic prosperity board, a combined authority ”.
Employment Agencies Act 1973 (c. 35)
40 In section 13(7) of the Employment Agencies Act 1973 (interpretation: where Act does not apply), after paragraph (fza) insert—
(fzb) the exercise by an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 of any of its functions;
(fzc) the exercise by a combined authority established under section 103 of that Act of any of its functions;
.
Local Government Act 1974 (c. 7)
41 (1) The Local Government Act 1974 is amended as follows.
(2) In section 25(1) (authorities subject to investigation), after paragraph (cd) insert—
(ce) any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(cf) any combined authority established under section 103 of that Act;
.
(3) In section 26C (referral of complaints by authorities)—
(a) in subsection (6), after paragraph (d) insert—
(e) in relation to an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a member of a constituent council of the board;
(f) in relation to a combined authority established under section 103 of that Act, a member of a constituent council of the authority.
;
(b) after subsection (6) insert—
(7) For the purposes of subsection (6)(e)—
(a) a county council is a constituent council of an economic prosperity board if the area of the county council, or part of that area, is within the area of the board;
(b) a district council is a constituent council of an economic prosperity board if the area of the district council is within the area of the board.
(8) For the purposes of subsection (6)(f)—
(a) a county council is a constituent council of a combined authority if the area of the county council, or part of that area, is within the area of the combined authority;
(b) a district council is a constituent council of a combined authority if the area of the district council is within the area of the combined authority.
Health and Safety at Work etc Act 1974 (c. 37)
42 In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information), after “Local Government Act 1985,” insert “ an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ”.
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
43 In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation etc of Part 1), in the definition of “local authority”—
(a) in paragraph (a), after “Local Government Act 1985,” insert “ an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ”;
(b) in paragraph (c), after “(joint waste authorities),” insert “ an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ”.
Race Relations Act 1976 (c. 74)
44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rent (Agriculture) Act 1976 (c. 80)
45 In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord's interest belongs to Crown or to local authority, etc), after paragraph (bb) insert—
(bbza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(bbzb) a combined authority established under section 103 of that Act;
.
Rent Act 1977 (c. 42)
46 In section 14(1) of the Rent Act 1977 (landlord's interest belonging to local authority, etc), after paragraph (cba) insert—
(cbb) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(cbc) a combined authority established under section 103 of that Act;
.
Protection from Eviction Act 1977 (c. 43)
47 In section 3A(8) of the Protection from Eviction Act 1977 (excluded tenancies and licences), after paragraph (a) insert—
(aa) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(ab) a combined authority established under section 103 of that Act;
.
Local Government, Planning and Land Act 1980 (c. 65)
48 The Local Government, Planning and Land Act 1980 is amended as follows.
49 In section 2(1) (duty of authorities to publish information), after paragraph (kaa) insert—
(kab) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(kac) a combined authority established under section 103 of that Act;
.
50 In section 98(8A) (disposal of land at direction of Secretary of State), after paragraph (e) insert—
(eza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(ezb) a combined authority established under section 103 of that Act;
.
51 In section 99(4) (directions to dispose of land - supplementary), after paragraph (db) insert—
(dbza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(dbzb) a combined authority established under section 103 of that Act;
.
52 In section 100(1)(a) (meaning of “subsidiary”), after “Local Government Act 1985” insert “ , an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act ”.
53 In Schedule 16 (bodies to whom Part 10 applies), after paragraph 5B insert—
5BZA An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
5BZB A combined authority established under section 103 of that Act.
Public Passenger Vehicles Act 1981 (c. 14)
54 In section 4C(4)(e) of the Public Passenger Vehicles Act 1981 (power of senior traffic commissioner to give guidance and directions), after “Integrated Transport Authorities” insert “ , of combined authorities ”.
Acquisition of Land Act 1981 (c. 67)
55 In section 17(4) of the Acquisition of Land Act 1981 (local authority and statutory undertakers' land), in paragraph (a) of the definition of “local authority”, after “Local Government Act 1985” insert “ , a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 ”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
56 (1) The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.
(2) In section 33(9) (enforceability by local authorities of certain covenants relating to land)—
(a) in paragraph (a), after “Local Government Act 1985” insert “ , an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act ”;
(b) in paragraph (b), after “joint authority” insert “ , economic prosperity board, combined authority ”.
(3) In section 41(13) (lost and uncollected property), in the definition of “local authority”, after paragraph (e) insert—
(eza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(ezb) a combined authority established under section 103 of that Act;
.
Stock Transfer Act 1982 (c. 41)
57 In paragraph 7(2)(a) of Schedule 1 to the Stock Transfer Act 1982 (specified securities), after “Local Government Act 1985,” insert “ an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ”.
County Courts Act 1984 (c. 28)
58 In section 60(3) of the County Courts Act 1984 (right of audience), in the definition of “local authority”, after “Local Government Act 1985,” insert “ an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ”.
Local Government Act 1985 (c. 51)
59 The Local Government Act 1985 is amended as follows.
60 In section 72(5) (accounts and audit), after “the London Fire and Emergency Planning Authority” insert “ and a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009. ”
61 (1) Section 73 (financial administration) is amended as follows.
(2) Before “Each new authority” insert “ (1) ”.
(3) After the subsection (1) so formed insert—
(2) The reference in this section to a new authority includes a reference to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
Transport Act 1985 (c. 67)
62 The Transport Act 1985 is amended as follows.
63 In section 27A(7)(b) (additional powers where service not operated as registered), for “or Integrated Transport Authority” substitute “ , Integrated Transport Authority or combined authority ”.
64 In section 64(1)(a) (consultation with respect to policies as to services), after “Integrated Transport Authority,” insert “ combined authority, ”.
65 In section 93(8)(b)(i) (travel concession schemes), after “integrated transport area” insert “ and a combined authority ”.
66 In section 106(4) (grants for transport facilities and services), after paragraph (a) insert—
(aa) any combined authority;
.
67 In section 137 (general interpretation), after subsection (5) insert—
(5A) References in this Act to a combined authority are references to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
Housing Act 1985 (c. 68)
68 (1) Section 4 of the Housing Act 1985 (other descriptions of authority) is amended as follows.
(2) In subsection (1)(e), after “Local Government Act 1985,” (in both places) insert “ an economic prosperity board, a combined authority, ”.
(3) For subsection (2) substitute—
(2) In this section—
“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“economic prosperity board” means an economic prosperity board established under section 88 of that Act;
“joint waste authority” means an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007.
Housing Associations Act 1985 (c. 69)
69 In section 106 of the Housing Associations Act 1985 (minor definitions - general), in the definition of “local authority”—
(a) after “the Local Government Act 1985” insert “ , an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act ”;
(b) after “such a joint authority,” insert “ such an economic prosperity board, such a combined authority, ”.
Landlord and Tenant Act 1985 (c. 70)
70 In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the definition of “local authority”, after “Local Government Act 1985,” insert “ an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ”.
Local Government Act 1986 (c. 10)
71 (1) The Local Government Act 1986 is amended as follows.
(2) In section 6(2)(a) (interpretation and application of Part 2), after the entry for “a joint authority established by Part 4 of the Local Government Act 1985,” insert—
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,
a combined authority established under section 103 of that Act,
.
(3) In section 9(1)(a) (interpretation and application of Part 3), after the entry for “a joint authority established by Part 4 of the Local Government Act 1985,” insert—
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,
.
Landlord and Tenant Act 1987 (c. 31)
72 In section 58(1)(a) of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords), for the words from “or a joint authority” to the end substitute “ a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 or a combined authority established under section 103 of that Act; ”.
Local Government Act 1988 (c. 9)
73 In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities), after the entry for “An Integrated Transport Authority for an integrated transport area in England” insert—
An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
A combined authority established under section 103 of that Act.
Local Government Finance Act 1988 (c. 41)
74 The Local Government Finance Act 1988 is amended as follows.
75 In section 74 (levies), after subsection (7) insert—
(8) For the purposes of this section—
(a) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 shall be treated as a levying body with respect to which regulations may be made under subsection (2), and
(b) the reference in that subsection to the council concerned shall be treated as a reference to the combined authority's constituent councils.
(9) For the purposes of subsection (8)—
(a) a county council is a constituent council of a combined authority if the area of the county council, or part of that area, is within the authority's area;
(b) a district council is a constituent council of a combined authority if the area of the district council is within the authority's area.
(10) Regulations under this section by virtue of subsection (8) may only make provision in relation to the expenses of a combined authority that are reasonably attributable to the exercise of its functions relating to transport.
76 In section 88B(9) (special grants), after paragraph (b) insert
;
(c) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
77 In section 111(2) (authorities to which provisions about financial administration apply), after paragraph (i) insert—
(ia) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,
(ib) a combined authority established under section 103 of that Act,
.
78 In section 112(2) (authorities to which requirement to make arrangements for administration of financial affairs applies), after paragraph (b) insert
,
(c) any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
Housing Act 1988 (c. 50)
79 (1) The Housing Act 1988 is amended as follows.
(2) In section 74(8) (transfer of land and other property to housing action trusts), after paragraph (f) insert—
(fa) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(fb) a combined authority established under section 103 of that Act;
.
(3) In paragraph 12(2) of Schedule 1 (local authority tenancies which cannot be assured tenancies), after paragraph (f) (and before the “and” following that paragraph) insert—
(fa) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(fb) a combined authority established under section 103 of that Act;
.
Road Traffic Act 1988 (c. 52)
80 In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), for the words from “or a joint authority” to the end substitute “ , a joint authority (other than a police authority) established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 or a combined authority established under section 103 of that Act, ”.
Local Government and Housing Act 1989 (c. 42)
81 (1) The Local Government and Housing Act 1989 is amended as follows.
(2) In section 4(6)(a) (authorities to which provisions about designation and reports of head of paid service apply), after “paragraphs (a) to (e)” insert “ , (ja) and (jb) ”.
(3) In section 13(9) (voting rights of members of certain committees), in the definition of “relevant authority”, for “(j)” substitute “ (jb) ”.
(4) In section 20(4)(a) (authorities to which duty to adopt certain procedural standing orders applies), for “(j)” substitute “ (jb) ”.
(5) In section 21(1) (authorities to which provisions about local authority members, officers, staff and committees apply), after paragraph (j) insert—
(ja) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(jb) a combined authority established under section 103 of that Act
.
(6) In section 152(2) (interpretation of sections 150 and 151), after paragraph (i) insert—
(iza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(izb) a combined authority established under section 103 of that Act;
.
(7) In section 157(6) (commutation of, and interest on, periodic payments of grants etc), after paragraph (i) insert—
(j) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009; and
(k) a combined authority established under section 103 of that Act;
.
(8) In Schedule 1 (authorities to which provisions about political balance on local authority committees etc apply)—
(a) in paragraph 2(1)(a), for “(j)” substitute “ (jb) ”,
(b) in paragraph 4(1), in paragraph (a) of the definition of “relevant authority”, for “(j)” substitute “ (jb) ”.
Town and Country Planning Act 1990 (c. 8)
82 (1) The Town and Country Planning Act 1990 is amended as follows.
(2) In section 252(12) (procedure for making of orders), in the definition of “local authority”, after “Local Government Act 1985,” insert “ an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, ”.
(3) In paragraph 1(3) of Schedule 14 (procedure for footpaths and bridleways orders), in the definition of “council”, for the words from “or a joint authority” to the end substitute “ a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 or a combined authority established under section 103 of that Act; ”.
Local Government (Overseas Assistance) Act 1993 (c. 25)
83 In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance), after paragraph (d) insert—
(dza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(dzb) a combined authority established under section 103 of that Act;
.
Railways Act 1993 (c. 43)
84 The Railways Act 1993 is amended as follows.
85 In section 25(1) (public sector operators not to be franchisees)—
(a) after paragraph (c) insert—
(ca) any combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
;
(b) in paragraph (d), for “or an Integrated Transport Authority for an integrated transport area in England” substitute “ , an Integrated Transport Authority for an integrated transport area in England or a combined authority ”.
86 In section 149(5) (service of documents), in the definition of “local authority”, after “in England” insert “ and a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 ”.
Deregulation and Contracting Out Act 1994 (c. 40)
87 In section 79A of the Deregulation and Contracting Out Act 1994 (“Local authority”: England), after paragraph (m) insert—
(ma) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(mb) a combined authority established under section 103 of that Act;
.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
88 In section 3(2) of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants for grants), after paragraph (ja) (and before the “or” following that paragraph) insert—
(jb) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(jc) a combined authority established under section 103 of that Act;
.
Audit Commission Act 1998 (c. 18)
89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crime and Disorder Act 1998 (c. 37)
90 In section 17(2) of the Crime and Disorder Act 1998 (duty to consider crime and disorder implications), after the entry for “a joint authority” insert—
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
.
Local Government Act 1999 (c. 27)
91 In section 1(1) of the Local Government Act 1999 (best value authorities), after paragraph (h) insert—
(ha) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(hb) a combined authority established under section 103 of that Act;
.
Greater London Authority Act 1999 (c. 29)
92 In section 211(1) of the Greater London Authority Act 1999 (public sector operators for the purposes of Chapter 7 of Part 4 of that Act)—
(a) after paragraph (c) insert—
(ca) any combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
;
(b) in paragraph (d), for “or an Integrated Transport Authority for an integrated transport area in England” substitute “ , an Integrated Transport Authority for an integrated transport area in England or a combined authority ”.
Local Government Act 2000 (c. 22)
93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Freedom of Information Act 2000 (c. 36)
94 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 2 (local government: England and Wales), after paragraph 19 insert—
19A An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
19B A combined authority established under section 103 of that Act.
Transport Act 2000 (c. 38)
95 The Transport Act 2000 is amended as follows.
96 In section 108(4) (meaning of “local transport authority” for purposes of Part 2 of that Act), after paragraph (c) (and before the “or” following that paragraph) insert—
(ca) a combined authority,
.
97 (1) Section 109 (further provision about plans: England) is amended as follows.
(2) In subsection (2A), after “Integrated Transport Authority” insert “ or a combined authority ”.
(3) In subsection (2B)—
(a) in the opening words, after “Integrated Transport Authority” insert “ or a combined authority ”;
(b) in paragraph (a), after “Integrated Transport Authority” insert “ or (as the case may be) the area of the combined authority ”;
(c) in paragraph (c), after “Integrated Transport Authority” insert “ or (as the case may be) the area of the combined authority ”.
98 (1) Section 113 (role of metropolitan district councils) is amended as follows.
(2) In subsection (2), after “integrated transport area” insert “ or a combined authority for an area ”.
(3) In subsection (2A), after “Integrated Transport Authority” in each place insert “ or (as the case may be) the combined authority ”.
99 (1) Section 124 (quality contracts schemes) is amended as follows.
(2) In subsection (1A)—
(a) in the opening words, after “Integrated Transport Authority” in each place insert “ or combined authority ”;
(b) in paragraph (c), after “Integrated Transport Authority” insert “ or the combined authority ”.
(3) In subsection (1B)(a)—
(a) after “Integrated Transport Authority” insert “ or combined authority ”;
(b) after “Integrated Transport Authorities” insert “ or combined authorities ”.
(4) In subsection (11)—
(a) after “Integrated Transport Authority”, in each place, insert “ or combined authority ”;
(b) in paragraph (b)(ii), after “Integrated Transport Authorities” insert “ or combined authorities ”.
100 (1) Section 157 (grants) is amended as follows.
(2) After subsection (1) insert—
(1A) The Secretary of State may, with the approval of the Treasury, make grants to a combined authority for the purpose of enabling the authority to carry out any of their functions.
(3) In the heading, after “Authorities” insert “ and combined authorities ”.
101 In section 162 (interpretation of Part 2), after subsection (5) insert—
(5A) In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
102 (1) Section 163 (charging schemes: preliminary) is amended as follows.
(2) In subsection (3), in each of paragraphs (bb) and (cc), after “Integrated Transport Authority” insert “ or combined authority ”.
(3) In subsection (4A), after “integrated transport area” insert “ or combined authority ”.
(4) After subsection (5) insert—
(5A) In this Part “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
103 (1) Section 164 (local charging schemes) is amended as follows.
(2) In subsection (2), after “integrated transport area” insert “ or the area of a combined authority ”.
(3) In subsection (3)—
(a) in the opening words, after “integrated transport area” insert “ or the area of a combined authority ”;
(b) in paragraph (b), after “integrated transport area” insert “ or (as the case may be) the combined authority ”.
104 (1) Section 165 (joint local charging schemes) is amended as follows.
(2) In subsection (2), after “integrated transport area” insert “ or the area of a combined authority ”.
(3) In subsection (3)—
(a) in the opening words, after “integrated transport area” insert “ or the area of a combined authority ”;
(b) in paragraph (b), after “integrated transport area” insert “ or (as the case may be) the combined authority. ”
105 In section 165A(1)(b) (joint local-ITA charging schemes), after “Integrated Transport Authority” insert “ or (as the case may be) the area of the combined authority. ”
106 (1) Section 166 (joint local-London charging schemes) is amended as follows.
(2) In subsection (2), after “integrated transport area” insert “ or the area of a combined authority ”.
(3) In subsection (3)—
(a) in the opening words, after “integrated transport area” insert “ or the area of a combined authority ”;
(b) after paragraph (b) (and before the “and” following that paragraph) insert “ or (as the case may be) the combined authority ”.
107 (1) Section 166A (joint ITA-London charging schemes) is amended as follows.
(2) In subsection (1)(b), after “Integrated Transport Authority” insert “ or (as the case may be) the area of the combined authority. ”
(3) In subsection (3)(b), after “Integrated Transport Authority” insert “ or combined authority ”.
108 In section 167(2)(b) (trunk road charging schemes), after “Integrated Transport Authority” insert “ , a combined authority ”.
109 In section 168(2) (charging schemes to be made by order)—
(a) after “Integrated Transport Authority” insert “ , a combined authority ”;
(b) for “or the Integrated Transport Authority” substitute “ , the Integrated Transport Authority or the combined authority ”.
110 (1) Section 170 (charging schemes: consultation and inquiries) is amended as follows.
(2) In subsection (1A)(b), after “Integrated Transport Authority” insert “ or a combined authority ”.
(3) In subsection (7)(a), for “or Integrated Transport Authority” substitute “ , Integrated Transport Authority or combined authority ”.
111 In section 177A(1) (power to require information), for “or Integrated Transport Authority” substitute “ , Integrated Transport Authority or combined authority ”.
112 In section 193(1) (guidance), after “Integrated Transport Authorities” insert “ , combined authorities ”.
113 In section 194 (information), in each of subsections (1), (2) and (6) for “or Integrated Transport Authority” substitute “ , Integrated Transport Authority or combined authority ”.
114 In section 198(1) (interpretation of Part 3), at the appropriate place insert—
“combined authority” has the meaning given by section 163(5A),
.
115 (1) Schedule 12 (road user charging and workplace parking levy: financial powers) is amended as follows.
(2) In paragraph 2(4), for “or Integrated Transport Authority” substitute “ , Integrated Transport Authority or combined authority ”.
(3) In paragraph 3(2), for “or Integrated Transport Authority” substitute “ , Integrated Transport Authority or combined authority ”.
(4) In paragraph 7(5)(c), after “Integrated Transport Authority” insert “ or combined authority ”.
(5) In paragraph 8—
(a) in sub-paragraph (3)(aa), after “Integrated Transport Authorities” insert “ and combined authorities ”;
(b) in sub-paragraph (4)(aa) after “Integrated Transport Authority” insert “ or combined authority ”.
(6) In paragraph 11A—
(a) in sub-paragraph (1), after “Integrated Transport Authority's” insert “or combined authority's”;
(b) in sub-paragraph (4), for “integrated transport area of the Authority” substitute “ integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority ”.
(7) In paragraph 11B(1), after “Integrated Transport Authority” insert “ or a combined authority ”.
(8) In paragraph 11C, in each of sub-paragraphs (1) and (3), after “Integrated Transport Authority” insert “ or a combined authority ”.
Police Reform Act 2002 (c. 30)
116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 2003 (c. 26)
117 (1) The Local Government Act 2003 is amended as follows.
(2) In section 23 (authorities to which provisions about capital finance and accounts apply), after subsection (3) insert—
(4) This Part, other than sections 1 to 8, 13 and 17 (borrowing etc), applies in relation to an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 as it applies in relation to a local authority.
(5) This Part applies in relation to a combined authority established under section 103 of that Act as it applies in relation to a local authority, except that section 1 confers power on such a combined authority to borrow money for a purpose relevant to its transport functions only.
(3) In section 33(1) (authorities to which provisions about expenditure grant apply), after paragraph (ja) insert—
(jb) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(jc) a combined authority established under section 103 of that Act;
.
Courts Act 2003 (c. 39)
118 In section 41(6) of the Courts Act 2003 (disqualification of lay justices who are members of local authorities), after paragraph (e) insert—
(ea) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,
(eb) a combined authority established under section 103 of that Act,
.
Railways Act 2005 (c. 14)
119 In section 33(2) of the Railways Act 2005 (persons on whom closure requirements may be imposed), after paragraph (d) insert—
(da) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
.
Concessionary Bus Travel Act 2007 (c. 13)
120 In section 9(6)(b) of the Concessionary Bus Travel Act 2007 (variation of reimbursement and other administrative arrangements), for “or Integrated Transport Authority” substitute “ , Integrated Transport Authority or combined authority ”.
Local Government and Public Involvement in Health Act 2007 (c. 28)
121 (1) The Local Government and Public Involvement in Health Act 2007 is amended as follows.
(2) In section 23(1) (definitions for purposes of Chapter 1), in the definition of “public body”, after paragraph (e) insert—
(f) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(g) a combined authority established under section 103 of that Act;
.
(3) In section 104(2) (application of Chapter 1 of Part 5: partner authorities), after paragraph (i) insert—
(ia) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(ib) a combined authority established under section 103 of that Act;
.
Local Transport Act 2008 (c. 26)
122 The Local Transport Act 2008 is amended as follows.
123 In section 79(1)(b) (provision that may be made in an order under section 78) for “or 88” substitute “ , 88 or 89A ”.
124 In section 86(3) (delegation of functions of the Secretary of State), after “section 90 or 91” insert “ of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009. ”
125 In section 87(5) (delegation of local authority functions), after “section 90 or 91” insert “ of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009. ”
126 In section 88(1)(b) (conferral of a power to direct), after “section 90 or 91” insert “ of this Act or section 106 or 107 of the Local Democracy, Economic Development and Construction Act 2009. ”
127 After section 89 insert—
Transfer of functions of combined authority
89A (1) The Secretary of State may by order transfer functions of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 to an ITA.
(2) An order under this section may only be made in relation to functions that—
(a) relate to transport, and
(b) are exercisable by the combined authority in relation to an area that becomes, or becomes part of, the ITA's integrated transport area by virtue of an order under this Part.
128 In section 90 (changing the boundaries of an integrated transport area) after subsection (4) insert—
(5) The reference in subsection (3)(a) to an authority does not include a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
(6) Subsection (3) does not apply if the territory becomes part of the area of a combined authority by virtue of an order under section 103 or 106 of that Act.
129 In section 91 (dissolution of an integrated transport area), after subsection (3) insert—
(4) The reference in subsection (2)(a) to an authority does not include a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
(5) Subsection (2) does not apply to a territory or part of a territory that becomes the area or part of the area of a combined authority by virtue of an order under section 103 or 106 of that Act.
130 After section 102 insert—
Application of Chapter to combined authorities
102A (1) This Chapter applies to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 as it applies to an ITA.
(2) In the application of this Chapter to a combined authority, references to an integrated transport area are to the combined authority's area.
Section 146
Part 1 Politically restricted posts
Short title and chapter | Extent of repeal
Local Government and Housing Act 1989 (c. 42) | In section 2(2)— paragraphs (a) and (b); in paragraph (c), “not falling within paragraph (a) or (b) above”.
In section 3(3)— in paragraph (a), “and”; paragraph (b); the words from “and it shall” to the end.
In section 3A(2)— in paragraph (a), the word “and”; paragraph (b); the words from “and the relevant” to the end.
Part 3 Local government boundary and electoral change
Short title and chapter | Extent of repeal
Local Government Act 1972 (c. 70) | In Schedule 11— paragraphs 1 and 3; in paragraph 4(1), “by either of the Commissions”.
Local Government Act 1992 (c. 19) | Section 12.
Sections 13 to 17.
Section 19.
Sections 25 and 26.
Section 27(2) and (3).
In section 28— in subsection (1), the definition of “the Local Government Commission”; subsection (3).
Schedule 2.
Access to Justice Act 1999 (c. 22) | In Schedule 11, paragraph 38.
Greater London Authority Act 1999 (c. 29) | In Schedule 1, Part 2.
Local Government Act 2000 (c. 22) | Section 89(2) and 3.
Freedom of Information Act 2000 (c. 36) | In Part 6 of Schedule 1, the entry relating to the Local Government Commission for England.
Political Parties, Elections and Referendums Act 2000 (c. 41) | Section 14.
Section 15.
Sections 16 and 17.
Section 18.
Sections 19 and 20.
In section 156— in subsection (3)(a), “section 16(3) or”; subsection (4)(a).
In Schedule 1— paragraph 6; in paragraph 7(1), “or a Boundary Committee”; in paragraph 8(1), “(in addition to the Boundary Committees)”; paragraph 9(2); in paragraph 10(1), “(whether established under paragraph 8 or section 14)”; in paragraph 12(b) “(whether established under paragraph 8 or section 14)”; in paragraph 24(b), “or a Boundary Committee”.
In Schedule 3, Part 1.
In Schedule 21, paragraphs 9 and 10.
In Schedule 22, the entries relating to the Parliamentary Constituencies Act 1986 (c. 56) and the Boundary Commissions Act 1992 (c. 55).
Local Government and Public Involvement in Health Act 2007 (c. 28) | Section 11(4)(d).
Section 12(6).
In section 23(1), the definition of “the Boundary Committee”.
Sections 55 to 57.
Part 4 Regional strategy
Short title and chapter | Extent of repeal
Coroners Act 1988 (c. 13) | In section 1(1A)(e), “, section 17 of the Regional Assemblies (Preparations) Act 2003”.
Local Government Finance Act 1988 (c. 41) | In section 74(2A), “, section 17 of the Regional Assemblies (Preparations) Act 2003”.
In section 89(2A), “or section 17 of the Regional Assemblies (Preparations) Act 2003”.
In section 91(1)(aa), “, section 17 of the Regional Assemblies (Preparations) Act 2003”.
Regional Development Agencies Act 1998 (c. 45) | Section 8.
Section 11(4A).
Section 18(1) and (1A).
In Schedule 2, paragraph 7(1A).
Greater London Authority Act 1999 (c. 29) | Section 306(1).
Regional Assemblies (Preparations) Act 2003 (c. 10) | The whole Act.
Planning and Compulsory Purchase Act 2004 (c. 5) | Sections 1 to 12.
Section 24(2), (3), (6), (8) and (9).
Section 39(1)(a).
Fire and Rescue Services Act 2004 (c. 21) | In sections 2(9)(c) and (10)(a) and 4(7)(b), “section 17 of the Regional Assemblies (Preparations) Act 2003 or”.
Local Government and Public Involvement in Health Act 2007 (c. 28) | In Schedule 1, paragraph 21.
Statistics and Registration Service Act 2007 (c. 18) | In Schedule 3, paragraph 14.
Housing and Regeneration Act 2008 (c. 17) | Section 16.
Planning Act 2008 (c. 29) | Section 179.
Section 181.
Part 5 Construction contracts
Short title and chapter | Extent of repeal
Housing Grants, Construction and Regeneration Act 1996 (c. 53) | Section 106(1)(b) and the preceding “or”.
Section 107.
In section 110— subsection (2); in subsection (3), “or (2)”.