(1) This section applies to any decision of a combined authority.
(2) A decision of a non-mayoral combined authority is to be made by a simple majority of the voting members present and voting on that question at a meeting of the combined authority.
(3) A decision of a mayoral combined authority is to be made by a simple majority of the voting members present and voting on that question at a meeting of the combined authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor.
(4) But if—
(a) the office of mayor is vacant, and
(b) there is no deputy mayor,
the decision is to be made by a simple majority of the other voting members present and voting on that question at a meeting of the combined authority.
(5) On a decision of any combined authority—
(a) each voting member has one vote;
(b) in the case of a tied vote—
(i) no person has a casting vote; and
(ii) the combined authority must be regarded as having disagreed to the question that the decision should be made.
(6) Subsections (1) to (5) are subject to provision made in any other enactment (whenever passed or made).
(7) That includes an order under this Part or regulations under Schedule 27 to the English Devolution and Community Empowerment Act 2026.
(8) In this section “voting member” means—
(a) in relation to a decision of a non-mayoral combined authority—
(i) a person appointed by a constituent council to be a member of the combined authority (a “constituent member”) or a person acting as a member of the combined authority in the absence of the constituent member, and
(ii) a non-constituent member (within the meaning of section 104A) who is a voting member in relation to the decision by virtue of a resolution under section 104A(4) or a person acting as a member of the combined authority in the absence of the non-constituent member;
(b) in relation to a decision of a mayoral combined authority—
(i) a person appointed by a constituent council to be a member of the combined authority (a “constituent member”) or a person acting as a member of the combined authority in the absence of the constituent member,
(ii) a non-constituent member (within the meaning of section 104A) who is a voting member in relation to the decision by virtue of a resolution under section 104A(4) or a person acting as a member of the combined authority in the absence of the non-constituent member, and
(iii) the mayor, or the deputy mayor acting in place of the mayor.
(1) The proceedings of a combined authority are not invalidated—
(a) by any vacancy—
(i) among its members or substitute members, or
(ii) (in the case of a mayoral combined authority) in the office of deputy mayor, or
(b) by any defect in the appointment or qualifications of—
(i) any member or substitute member, or
(ii) (in the case of a mayoral combined authority) of the deputy mayor.
(2) In this section “substitute member” means a person appointed to act as a member in the absence of another member.
104CC Powers not limited by other provision or powers
(1) This section applies to a power under this Part to make subordinate legislation (the “SI-making power”) and a combined authority if conditions A and B are met.
(2) Condition A: the SI-making power confers power to make provision about a particular function or other matter (the “relevant function or matter”) in relation to the combined authority, and
(3) Condition B: provision about the relevant function or matter which relates to the combined authority—
(a) is made by an enactment (whenever passed or made) that is not subordinate legislation made under this Part (the “separate provision”), or
(b) could be made under a power conferred by an enactment that is not contained in this Part (the “separate power”),
(whether or not that provision also relates to any other combined authority).
(4) The separate provision or separate power does not limit the subordinate legislation that may be made under the SI-making power in relation to the combined authority.
(5) In particular, the separate provision or separate power does not prevent subordinate legislation under the SI-making power from—
(a) making provision about the relevant function or matter in relation to the combined authority which is to apply instead of the separate provision;
(b) making modifications or other contrary provision to which the separate provision is to be subject in its application in relation to the combined authority.
(6) Subsection (4) applies to provision made under the SI-making power before or after the coming into force of this section.
104D Review of combined authority’s constitutional arrangements
(1) This section applies if an order under section 104(1) (constitution of combined authority) enables a combined authority to make provision about its constitution (“constitutional provision”).
(2) An appropriate person may carry out a review of the combined authority’s constitutional provision if—
(a) an appropriate person proposes a review, and
(b) the combined authority consents to the review.
(3) If an appropriate person carries out a review under subsection (2), they may propose changes to the combined authority’s constitutional provision as a result of the review for agreement by the authority.
(4) The question of whether to consent under subsection (2)(b) or to agree to changes proposed under subsection (3) is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.
(5) In the case of a mayoral combined authority—
(a) a majority in favour of consenting under subsection (2)(b) does not need to include the mayor, but
(b) a majority in favour of changes proposed under subsection (3) must include the mayor.
(6) The reference in subsection (4) to a voting member—
(a) includes a substitute member who may act in place of a voting member;
(b) does not include a non-constituent member.
(7) Subsection (4) applies instead of—
(a) any provision of an order under section 104(1) made before the coming into force of this section which is about the procedure applying to a decision on a question of a kind mentioned in subsection (4), and
(b) any constitutional provision of a combined authority about such procedure.
(8) In this section “appropriate person”, in relation to a combined authority, means—
(a) a member of the authority appointed by a county council the whole or any part of whose area is within the area of the authority,
(b) a member of the authority appointed by a district council whose area is within the area of the authority, or
(c) the mayor for the area of the authority (if it is a mayoral combined authority).
105 Constitution and functions: local authority functions generally
(1) The Secretary of State may by order make in relation to a combined authority any provision that may be made in relation to an EPB under section 91 (exercise of local authority functions).
(2) Section 91(5) does not apply in relation to functions exercisable by a combined authority by virtue of subsection (1).
(3) The Secretary of State may by order make in relation to a combined authority any provision that may be made in relation to an EPB under section 92 (funding).
(3ZA) But section 92, in its application to a combined authority by virtue of subsection (3), is subject to regulations under section 104C(1) (combined authority membership).
(3A) An order under this section may be made in relation to a combined authority an existing combined authority only with the consent of—
(a) the constituent councils (as defined by section 104(11)), and
(b) in the case of an order in relation to an existing combined authority, the combined authority.
(3AA) Subsection (3A) does not apply where a proposal for the making of the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).
(3B) Subsection (3A) is also subject to section 106A.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may by order—
(a) make provision for a function of a public authority that is exercisable in relation to a combined authority's area to be a function of the combined authority;
(b) make provision for conferring on a combined authority in relation to its area a function corresponding to a function that a public authority has in relation to another area.
(2) An order under subsection (1) may include further provision about the exercise of the function including—
(a) provision for the function to be exercisable by the public authority or combined authority subject to conditions or limitations specified in the order;
(b) provision as to joint working arrangements between the combined authority and public authority in connection with the function (for example, provision for the function to be exercised by a joint committee).
(3) The provision that may be included in an order under subsection (1)(a) includes, in particular, provision—
(a) for the combined authority to have the function instead of the public authority,
(b) for the function to be exercisable by the combined authority concurrently with the public authority,
(c) for the function to be exercisable by the combined authority and the public authority jointly, or
(d) for the function to be exercisable by the combined authority jointly with the public authority but also continue to be exercisable by the public authority alone.
(4) An order under subsection (1)(a) may, in particular, include—
(a) provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities) from the public authority to the combined authority (including provision corresponding to any provision made by section 17(4) to (7) of the Localism Act 2011);
(b) provision to abolish the public authority in a case where, as a result of the order, it will no longer have any functions.
(5) An order under this section may not provide for a regulatory function that is exercisable by a public authority in relation to the whole of England to be exercisable by a combined authority in relation to its area if the regulated function is itself exercisable by the combined authority by virtue of an order under this section.
(6) Subsection (7) applies where an order under subsection (1) contains a reference to a document specified or described in the order (for example, in imposing a condition by virtue of subsection (2)(a) for an authority to have regard to, or to comply with, a statement of policy or standards set out in the document).
(7) If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed—
(a) as a reference to that document as amended from time to time, or
(b) as including a reference to a subsequent document that replaces that document,
the order may make express provision to that effect.
(8) See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.
(9) In this section—
“function” (except in subsection (4)(b)) does not include a power to make regulations or other instruments of a legislative character;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“public authority”—
includes a Minister of the Crown or a government department;
does not include a county council or district council;
“regulated function” means the function of carrying out an activity to which a regulatory function relates;
“regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006.
(1) The Secretary of State may make an order under section 105A only if—
(a) a proposal for the making of the order in relation to the combined authority has been made to the Secretary of State —
(i) as part of a proposal under section 109A, or
(ii) in accordance with section 112A, or
(b) the appropriate consent is given and the Secretary of State considers that the making of the order is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area or areas to which the order relates.
The Secretary of State may make an order under section 105A in relation to an existing combined authority’s area only if—
(a) a proposal for the making of the order in relation to the combined authority has been submitted to the Secretary of State in accordance with section 112A, or
(b) the appropriate consent is given.
(2) For the purposes of subsection (1)(b), the appropriate consent is given to the making of an order under section 105A only if—
(a) in the case of an order in relation to an existing combined authority, each appropriate authority consents;
(b) in any other case, each constituent council consents.
Paragraph (a) is subject to subsections (3) and (4).
For the purposes of subsection (1)(b), the appropriate consent is given to the making of an order under section 105A only if—
(a) each constituent council consents, and
(b) the combined authority consents.
(3) Subsection (4) applies where—
(a) an order under section 105A in relation to an existing combined authority is the first such order to be made in relation to that authority,
(b) the authority is not a mayoral combined authority, and
(c) there are one or more constituent councils who do not consent to the making of the order.
(4) For the purposes of subsection (1)(b), the appropriate consent is given to the making of the order if the combined authority and at least two constituent councils consent to the making of the order.
(5) Where an order under section 105A is made by virtue of subsection (4) of this section, the Secretary of State must make an order under section 106 to remove the area of each non-consenting constituent council from the existing area of the combined authority.
(5A) The requirements in subsection (1) do not apply where the order is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—
(a) to be a function of the combined authority, and
(b) to be a function exercisable only by the mayor.
See section 107DA in relation to an order of this kind.
(6) The requirement in subsection (1)(b) for the appropriate consent to be given to the making of an order under section 105A does not apply where—
(a) the order revokes (in whole or in part), or otherwise amends, a previous order under that section, and
(b) the only purpose of the order is to provide for a health service function of a combined authority to cease to be exercisable by the authority.
(7) In subsection (6)(b), “health service function of a combined authority” means a function which—
(a) relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and
(b) is exercisable by the combined authority by virtue of an order under section 105A.
(8) The requirement in subsection (1)(b) for the appropriate consent to be given is subject to section 106A.
(9) At the same time as laying a draft of a statutory instrument containing an order under this section before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the order and why the Secretary of State considers it appropriate to make the order.
(10) The report must include—
(a) a description of any consultation taken into account by the Secretary of State,
(b) information about any representations considered by the Secretary of State in connection with the order, and
(c) any other evidence or contextual information that the Secretary of State considers it appropriate to include.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) For the purposes of this section “the appropriate authorities” are—
(a) each county council the whole or any part of whose area is within the area for which the combined authority is, or is to be, established,
(b) each district council whose area is within the area for which the combined authority is, or is to be, established, and
(c) in the case of an order in relation to an existing combined authority, the combined authority,
and a “constituent council” is a council within paragraph (a) or (b).
105C Non-mayoral combined authority: consent to budget
(1) A non-mayoral combined authority may only exercise the following functions with the consent of each constituent council—
(a) adopt or amend the authority’s budget;
(b) where it is not part of the budget, approve the total sum of the transport levy.
(2) In this section a reference to the “transport levy” is a reference to any levy issued by the combined authority relating to the exercise of its functions relating to transport in accordance with any regulations made from time to time under section 74(2) of the Local Government Finance Act 1988.
(1) This section applies where a non-mayoral combined authority considers that the exercise of a function by the authority may result in a financial liability being incurred by one or more constituent councils (each such council being a “relevant constituent council”).
(2) The function may only be exercised with the consent of each relevant constituent council.
(3) When deciding whether subsection (1) applies, the authority must have regard to the “Code of Practice on Local Authority Accounting in the United Kingdom” published by the Chartered Institute of Public Finance and Accountancy, as amended or reissued from time to time.
106 Changes to boundaries of a combined authority's area
(1) The Secretary of State may by order change the boundaries of a combined authority's area by—
(a) adding a local government area to an existing area of a combined authority, or
(b) removing a local government area from an existing area of a combined authority.
(2) An order may be made under this section only if—
(a) the area to be created by the order meets conditions A and D in section 103, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) An order under this section adding or removing a local government area to or from an existing area of a mayoral combined authority may be made only if—
(a) the relevant council in relation to the local government area consents, and
(b) the combined authority consents.
(3AA) An order under this section adding or removing a local government area to or from an existing area of a combined authority which is not a mayoral combined authority may be made only if—
(a) the relevant council in relation to the local government area consents, and
(b) the combined authority consents.
(3B) For the purposes of subsections (3A)(a) and (3AA)(a), the “relevant council” in relation to a local government area is—
(a) if the local government area is the area of a county council, the county council;
(b) if the local government area is the area of a district council whose area does not form part of the area of a county council, the district council;
(c) if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council.
(3C) If there are two relevant councils in relation to a local government area by virtue of subsection (3B)(c), the condition in subsection (3A)(a) or (3AA)(a) for the relevant council to consent is met if—
(a) in the case of an order under subsection (1)(a), either or both of the relevant councils consent;
(b) in the case of an order under subsection (1)(b), both of the relevant councils consent.
(3CA) The question of whether to consent under subsection (3AA)(b) to an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.
(3CB) Subsection (3CA) applies instead of—
(a) any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and
(b) any provision made by a combined authority about its constitution under such an order about such procedure.
(3D) Where an order under subsection (1)(b) is made as a result of the duty in section 105B(5) or 107B(4)—
(a) subsection (2) does not apply, and
(b) neither subsection (3A) nor subsection (3AA) applies.
(3E) Subsection (3F) applies if a combined authority has made provision about its constitution under an order under section 104(1).
(3F) A decision about any change to that provision as a result of an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.
(3G) Subsection (3F) applies instead of—
(a) any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and
(b) any provision made by a combined authority about its constitution under such an order about such procedure.
(3H) A reference in this section to a voting member—
(a) includes a substitute member who may act in place of a voting member;
(b) does not include a non-constituent member.
(4) Where by virtue of an order an area ceases to be part of the area of a combined authority, the order—
(a) must make provision for designating an authority to be a local transport authority for the area for the purposes of section 108(4) of the Transport Act 2000 (c. 38), and
(b) may transfer functions to that authority from the combined authority that was formerly the local transport authority.
(5) Provision made by virtue of subsection (4) may designate different authorities for different parts of the area.
(6) The reference in subsection (4)(a) to an authority does not include an ITA or a combined county authority.
(7) Subsection (4) does not apply if the area becomes part of
(a) the integrated transport area of an ITA by virtue of an order under section 78 or 90 of the Local Transport Act 2008 (c. 26)
, or
(b) the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.
106A Section 106(1)(a) orders: consent requirements under other powers
(1) Subsection (2) applies where—
(a) the area of a district council is added to the area of a combined authority by an order under section 106(1)(a),
(b) the area of the district council forms part of the area of a county council,
(c) the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and
(d) (apart from subsection (2)) the relevant power is exercisable only with the consent of (among other authorities) the county council mentioned in paragraph (b).
(2) The relevant power is exercisable whether or not the county council consents.
(3) Subsection (4) applies where—
(a) the area of a county council is added to the area of a combined authority by an order under section 106(1)(a),
(b) the area of the county council includes the areas of district councils,
(c) the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and
(d) (apart from subsection (4)) the relevant power is exercisable only with the consent of (among other authorities) a district council within paragraph (b).
(4) The relevant power is exercisable whether or not the district council consents.
(5) In this section, “relevant power” means a power—
(a) to make an order under section 104, 105 or 105A, or
(b) to make regulations under—
(i) section 74 of the Local Government Finance Act 1988 (by virtue of subsection (8B) or (8C) of that section), or
(ii) section 23(5) of the Local Government Act 2003.
106B Designation as an established mayoral strategic authority
(1) The Secretary of State may, by order, designate a mayoral combined authority as an established mayoral strategic authority.
(2) The Secretary of State may not designate a mayoral combined authority unless the mayoral combined authority has submitted to the Secretary of State a written proposal to be designated (the “designation proposal”).
(3) The designation proposal must identify—
(a) any provision—
(i) that applies in relation to the mayoral combined authority,
(ii) that would not be of general application to the mayoral combined authority if designated, and
(iii) which the mayoral combined authority would like to continue to apply in relation to it if designated;
(b) any provision—
(i) that does not apply in relation to the mayoral combined authority,
(ii) that would not be of general application to the mayoral combined authority, if designated, and
(iii) which the mayoral combined authority would like the Secretary of State to make (using a power conferred by this Part or otherwise) so as to apply in relation to it, if designated.
(4) If the Secretary of State decides not to designate the mayoral combined authority, the Secretary of State must notify the authority in writing of the reasons for the decision.
(5) If the Secretary of State decides not to designate the mayoral combined authority, that mayoral combined authority may not be designated unless another written proposal to be designated is submitted in accordance with this section.
(6) A Minister of the Crown must not exercise any power to make subordinate legislation (whenever conferred) so as to cause a mayoral combined authority to cease to be an established mayoral strategic authority.
(7) That does not limit the making of provision that is—
(a) in consequence of, or
(b) otherwise in connection with,
the abolition or merger of an established mayoral strategic authority (whether the abolition or merger is provided for in secondary legislation or an Act of Parliament).
(8) For the purposes of this section provision would be “of general application to a mayoral combined authority if designated” if the provision is contained in an enactment and applies in relation to—
(a) all established mayoral strategic authorities, or
(b) a class of established mayoral strategic authorities which would include the mayoral combined authority if designated.
(1) The Secretary of State may by order—
(a) dissolve a combined authority's area, and
(b) abolish the combined authority for that area.
(2) An order may be made under this section only if—
(a) a majority of the councils to whom this subsection applies consent to the making of the order , and
(b) in the case of an order made in respect of a mayoral combined authority, the mayor for the area of the authority also consents to the making of the order.
(3) Subsection (2) applies to—
(a) a county council whose area, or part of whose area, is within the combined authority's area;
(b) a unitary district council whose area is within the combined authority's area.
(4) The order—
(a) must make provision for designating an authority to be a local transport authority for the area that was previously the combined authority's area for the purposes of section 108(4) of the Transport Act 2000 (c. 38), and
(b) may transfer functions to that authority from the combined authority that was formerly the local transport authority.
(4A) The order—
(a) may transfer functions from the combined authority to any other public authority;
(b) may provide for any function of the combined authority to no longer be exercisable in relation to the combined authority's area.
(5) Provision made by virtue of subsection (4) may designate different authorities for different parts of the area.
(6) The reference in subsection (4)(a) to an authority does not include an ITA or a combined county authority.
(7) Subsection (4) does not apply to a territory or part of a territory that becomes
(a) the integrated transport area or part of the integrated transport area of an ITA by virtue of an order under section 78 or 90 of the Local Transport Act 2008 , or
(b) the area or part of the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.
(1) A combined authority has the power to—
(a) designate a highway or proposed highway in its area as a key route network road, or
(b) remove its designation as a key route network road.
(1A) In the case of a mayoral combined authority—
(a) that power is a power of the combined authority exercisable only by the mayor on behalf of the combined authority;
(b) the mayor may not designate a highway or proposed highway unless—
(i) the mayor has prepared a proposal to designate it (a “proposed designation”), and
(ii) the combined authority has passed a resolution approving the proposed designation;
(c) if there is no highway or proposed highway in the combined authority’s area that is designated as a key route network road, the mayor must prepare a proposed designation in relation to at least one highway or proposed highway.
(1B) In the case of a non-mayoral combined authority, the combined authority may only exercise that power with the consent of each constituent council in whose area the highway or proposed highway is.
(2) The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by—
(d) the mayor of a combined authority, in the case of a mayoral combined authority;
(e) the combined authority or a constituent council, in the case of a non-mayoral combined authority.
(3) A designation or removal under this section must be in writing and must state when it comes into effect.
(4) The Secretary of State must send a copy of a designation or removal under subsection (2) to the combined authority in question at least 7 days before the date on which it comes into effect.
(5) A combined authority must maintain, and publish on its website, a record of the roads in its area which are key route network roads.
(6) A combined authority that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.
(7) The requirements in section 104(10) and section 107D(9)(a) do not apply to provision under section 104(1)(d) and section 107D(1) contained in the same instrument so far as that provision—
(a) confers a power of direction on an existing mayoral combined authority regarding the exercise of an eligible power in respect of key route network roads in the area of that combined authority,
(b) provides for that power of direction to be exercisable only by the mayor of the combined authority, and
(c) is made with the consent of the mayor after the mayor has consulted the constituent councils.
(8) When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—
(a) a statement by the mayor that all of the constituent councils agree to the making of the order, or
(b) if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.
(9) In this section—
“constituent council” has the meaning given in section 104(11);
“eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008;
“key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;
“proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.
107ZB Health improvement and health inequalities duty
(1) When considering whether or how to exercise any of its functions, a combined authority must have regard to the need to—
(a) improve the health of persons in the combined authority’s area, and
(b) reduce health inequalities between persons living in the combined authority’s area.
(2) When considering whether or how to exercise any function, the mayor for the area of a combined authority must have regard to the considerations set out in subsection (1).
(3) Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, an area.
(4) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants.
(5) “General health determinants” are—
(a) standards of housing, transport services or public safety,
(b) environmental factors, including air quality and access to green space and bodies of water,
(c) employment prospects, earning capacity and any other matters that affect levels of prosperity,
(d) the degree of ease or difficulty with which persons have access to public services,
(e) the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health,
and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.
(6) In subsection (1)(a), the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of a combined authority’s function.
(7) In subsection (1)(b), the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of a combined authority’s function.
107ZC Co-operation with local government pension scheme managers
(1) This section applies where a scheme manager is responsible for managing and administering part of a scheme for local government workers in England and Wales in relation to a current employee of a constituent council of a combined authority in connection with that employment.
(2) The combined authority must co-operate with the scheme manager to identify and develop investment opportunities appropriate to the pension fund that the scheme manager maintains for its part of the scheme.
(3) Where the scheme manager participates in an asset pool company, the combined authority may fulfil its duty to co-operate with the scheme manager under subsection (2) by co-operating with—
(a) the scheme manager,
(b) the asset pool company, or
(c) both the scheme manager and the asset pool company.
(4) A scheme manager participates in an asset pool company by—
(a) being a shareholder of the company,
(b) being a shareholder in another company which is the only shareholder of the company, or
(c) contracting with the company for it to manage the funds and other assets for which the scheme manager is responsible.
(5) In this section—
“asset pool company” has the meaning given by section 1(9) of the Pension Schemes Act 2026;
“local government worker” has the meaning given by section 37 of the Public Service Pensions Act 2013;
“scheme” has the meaning given by section 37 of the Public Service Pensions Act 2013;
“scheme manager”, in relation to a scheme for local government workers, means a person who is a scheme manager by virtue of section 4(5) of the Public Service Pensions Act 2013 (being a person responsible for the local administration of pensions and other benefits payable under the scheme who maintains a pension fund for the purposes of providing pensions and other benefits under its part of the scheme).
(1) The Secretary of State may by order provide for there to be a mayor for the area of a combined authority.
(2) A mayor for the area of a combined authority is to be elected by the local government electors for that area in accordance with provision made by or under this Part.
(3) In subsection (2) “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972.
(4) Schedule 5B makes further provision about the election of mayors for areas of combined authorities.
(5) A mayor for the area of a combined authority is entitled to the style of “mayor”.
(6) A mayor for the area of a combined authority is by virtue of that office a member of, and the chair of, the combined authority.
(7) An order under this section providing for there to be a mayor for the area of a combined authority may not be revoked by making a further order under this section; but this does not prevent the making of an order under section 107 abolishing the authority (together with the office of mayor).
(8) In this Part “mayoral combined authority” means a combined authority for an area for which provision is made in an order under this section for there to be a mayor.
107B Requirements in connection with orders under section 107A
(1) The Secretary of State may make an order under section 107A in relation to a combined authority's area if a proposal for there to be a mayor for the authority's area has been made to the Secretary of State —
(a) as part of a proposal under section 109A, or
(b) in accordance with section 112A,
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An order under section 107A may also be made without any such proposal having been made if—
(a) the appropriate authorities consent, or
(b) in the case of an existing combined authority, there are one or more non-consenting constituent councils but the combined authority and at least two constituent councils consent.
(4) Where an order under section 107A is made by virtue of subsection (3)(b) of this section, the Secretary of State must make an order under section 106 to remove the area of each non-consenting constituent council from the existing area of the combined authority.
(5) For the purposes of this section “the appropriate authorities” are—
(a) each county council the whole or any part of whose area is within the area for which the combined authority is, or is to be, established,
(b) each district council whose area is within the area for which the combined authority is, or is to be, established, and
(c) in the case of an order in relation to an existing combined authority, the combined authority,
and a “constituent council” is a council within paragraph (a) or (b).
(1) The Secretary of State may make an order under section 107A for there to be a mayor for the area of an existing combined authority only if the requirements under subsection (2), (3) or (4) are met (and for any further requirements in relation to such order see section 113 (requirements in connection with changes to existing combined arrangements)).
(2) The requirement under this subsection is that a proposal for there to be a mayor for the authority’s area has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).
(3) The requirements under this subsection are that—
(a) the order does not confer any additional functions on the authority, and
(b) the order has been consented to in writing by each constituent council and the combined authority.
(4) The requirements under this subsection are that the order implements a proposal that the Secretary of State is satisfied that the constituent councils and the combined authority have consented to in principle.
(1) The mayor for the area of a combined authority must appoint one of the members of the authority to be the mayor's deputy.
(2) The deputy mayor holds office until the end of the term of office of the mayor, subject to subsection (3).
(3) A person ceases to be the deputy mayor if at any time—
(a) the mayor removes the person from office;
(b) the person resigns as deputy mayor;
(c) the person ceases to be a member of the combined authority.
(4) If a vacancy occurs in the office of deputy mayor, the mayor must appoint another member of the combined authority to be deputy mayor.
(5) The deputy mayor must act in place of the mayor if for any reason—
(a) the mayor is unable to act, or
(b) the office of mayor is vacant.
(6) If for any reason—
(a) the mayor is unable to act or the office of mayor is vacant, and
(b) the deputy mayor is unable to act or the office of deputy mayor is vacant,
the other members of the combined authority must act together in place of the mayor, taking decisions by a simple majority.
(6A) References in this section to a member of a combined authority do not include a non-constituent or associate member.
(7) In this Part “deputy mayor”, in relation to a mayoral combined authority, means the person appointed under this section by the mayor for the authority's area.
(1) The mayor for the area of a combined authority may appoint not more than 10 persons—
(a) to assist the mayor in the exercise of the mayor’s general functions in relation to the areas of competence, and
(b) to otherwise assist the mayor in relation to the exercise by the combined authority of functions which relate to the areas of competence.
(2) A person appointed under this section is referred to in this Part as a “commissioner”.
(3) Schedule 5BA makes provision about commissioners.
(4) In this section and Schedule 5BA “area of competence” has the meaning given by section 2 of the English Devolution and Community Empowerment Act 2026.
(1) The Secretary of State may by order make provision for any function of a mayoral combined authority to be a function exercisable only by the mayor.
(1A) Any mayoral function is to be taken to be a function of the combined authority that is exercisable only by the mayor acting on behalf of the combined authority.
(1B) The members and officers of a mayoral combined authority may assist the mayor in the exercise of any mayoral function (and here “members” means the members of the constituent councils who are appointed to be members of the combined authority).
(1C) For the purposes of this section a “mayoral function” is—
(a) a function which is conferred by an enactment on the mayor for the area of the combined authority, or
(b) a function which is conferred on the combined authority by an enactment if an enactment provides for the function to be exercisable only by the mayor for the area of the combined authority.
(2) In this Part references to “general functions”, in relation to a mayor for the area of a combined authority, are to any functions exercisable by the mayor (whether by virtue of an order under subsection (1) or otherwise) other than PCC functions.
(3) The mayor may arrange—
(a) for the deputy mayor to exercise any general function of the mayor,
(b) for another member or officer of the combined authority to exercise any such function, or
(ba) for a commissioner appointed under section 107CA to exercise any such function, or
(c) so far as authorised by an order made by the Secretary of State—
(i) for a person appointed as the deputy mayor for policing and crime by virtue of an order under paragraph 3(1) of Schedule 5C, or
(ii) for a committee of the combined authority, consisting of members appointed by the mayor (whether or not members of the authority),
to exercise any such function.
(3A) Subsection (3) is subject to section 107DZA.
(3A) The reference in subsection (3)(b) to a member of a combined authority does not include a non-constituent or associate member.
(4) An order under subsection (3)(c)(ii) may include provision—
(a) about the membership of the committee;
(b) about the member of the committee who is to be its chair;
(c) about the appointment of members;
(d) about the voting powers of members (including provision for different weight to be given to the vote of different descriptions of member);
(e) about information held by the combined authority that must, or must not, be disclosed to the committee for purposes connected to the exercise of the committee's functions;
(f) applying (with or without modifications) sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).
(4A) An order under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.
(5) Provision in an order under subsection (1) for a function to be exercisable only by the mayor is subject to subsection (3); but the Secretary of State may by order provide that arrangements under subsection (3)—
(a) may authorise the exercise of general functions only of a description specified in the order, or
(b) may not authorise the exercise of general functions of a description so specified.
(6) Any general function exercisable by the mayor for the area of a combined authority (whether by virtue of this Act or otherwise) is to be taken to be a function of the combined authority exercisable—
(a) by the mayor individually, or
(b) in accordance with arrangements made by virtue of this section or section 107E or 107EA.
(7) An order under this section may—
(a) include provision for general functions to be exercisable by the mayor subject to conditions or limitations specified in the order (including, for example, a condition for general functions to be exercisable only with the consent of the appropriate authorities (as defined by section 107B (5)));
(b) provide for members or officers of a mayoral combined authority to assist the mayor in the exercise of general functions;
(c) confer ancillary powers on the mayor for the purposes of the exercise of general functions;
(d) authorise the mayor to appoint one person as the mayor's political adviser;
(e) provide for the terms and conditions of any such appointment;
(f) provide that functions that the mayoral combined authority discharges in accordance with arrangements under section 101(1)(b) of the Local Government Act 1972 (discharge of local authority functions by another authority) are to be treated as general functions exercisable by the mayor (so far as authorised by the arrangements).
(8) Provision under subsection (7)(c) may include provision conferring power on the mayor that is similar to any power exercisable by the mayoral combined authority—
(a) under section 113A, or
(b) under an order made under section 113D,
but the power conferred on the mayor may not include a power to borrow money.
(9) ... an order under this section may be made only with the consent of—
(a) the appropriate authorities (as defined by section 107B(5)), and
(b) in the case of an order made in relation to an existing mayoral combined authority, the mayor of the authority.
Except as provided for by subsections (10A) and (11), an order under this section may be made in relation to an existing combined authority only with the consent of the appropriate authorities.
(9A) The “appropriate authorities” for the purposes of this section means—
(a) in relation to a mayoral combined authority—
(i) the constituent councils, and
(ii) the mayor;
(b) in relation to a non-mayoral combined authority—
(i) the constituent councils, and
(ii) the combined authority.
(10) Where an order under this section is contained in the same instrument as an order made by virtue of section 107B(3)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (9) above.
The requirement in subsection (9) does not apply where a proposal to make the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).
(11) The requirement in subsection (9) does not apply where the order is made under section 105A and this section in relation to an existing mayoral combined authority and provides for a function—
(a) to be a function of the combined authority, and
(b) to be a function exercisable only by the mayor.
See section 107DA in relation to an order of this kind.
107DZA Limitation on delegation of mayoral functions
(1) The mayor may not make an arrangement under section 107D(3)(a) or (b) for the exercise of any fire and rescue functions of the combined authority.
(2) The power to make an arrangement under section 107D(3)(ba) is subject to paragraph 6 of Schedule 5BA.
(3) In this section “fire and rescue functions of the combined authority” means—
(a) functions of a fire and rescue authority which the combined authority has by virtue of an order under section 105A (and here “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004), or
(b) functions which the combined authority has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004.
107DA Procedure for direct conferral of general functions on mayor
(1) This section applies in relation to an order which is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—
(a) to be a function of the combined authority, and
(b) to be a function exercisable only by the mayor.
(2) The Secretary of State may make the order only if a request for the making of the order has been made to the Secretary of State by the mayor.
(3) Before submitting a request under this section, the mayor must consult the constituent councils.
(4) A request under this section must contain—
(a) a statement by the mayor that all of the constituent councils agree to the making of the order, or
(b) if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.
(5) In this section “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.
(1) The Secretary of State may by order make provision for, or in connection with, permitting arrangements under section 101(5) of the Local Government Act 1972 to be entered into in relation to general functions of a mayor for the area of a combined authority.
(2) Provision under subsection (1) may include provision—
(a) for the mayor for the area of a combined authority to be a party to the arrangements in place of, or jointly with, the authority;
(b) about the membership of any joint committee;
(c) about the member of the joint committee who is to be its chair;
(d) about the appointment of members to a joint committee;
(e) about the voting powers of members of a joint committee (including provision for different weight to be given to the vote of different descriptions of member).
(3) Provision under subsection (2)(b) to (d) may include provision for the mayor or other persons—
(a) to determine the number of members;
(b) to have the power to appoint members (whether or not members of the combined authority or a local authority that is a party to the arrangements).
(4) Provision under subsection (2)(d) may include provision as to the circumstances in which appointments to a joint committee need not be made in accordance with sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).
(5) In this section references to a joint committee are to a joint committee falling within section 101(5)(a) of the Local Government Act 1972 that is authorised to discharge, by virtue of an order under this section, general functions of a mayor for the area of a combined authority.
(1) This section applies to a mayor for the area of a combined authority who—
(a) by virtue of—
(i) section 107D(1), or
(ii) section 1(2B) of the Fire and Rescue Services Act 2004,
may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and
(b) by virtue of—
(i) section 107F(1), or
(ii) section 107F(1A),
may exercise functions of a police and crime commissioner.
(2) The Secretary of State may by order make provision—
(a) authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the combined authority to exercise fire and rescue functions exercisable by the mayor;
(b) authorising that chief constable to arrange for a person within subsection (4) to exercise the chief constable's fire and rescue functions.
(3) An order under subsection (2) may provide that arrangements made under the order—
(a) may authorise the exercise of any functions mentioned in that subsection;
(b) may authorise the exercise of any functions mentioned in that subsection other than those specified or described in the order;
(c) may authorise the exercise of such of the functions mentioned in that subsection as are specified or described in the order.
(4) The persons mentioned in subsection (2)(b) are—
(a) members of the chief constable's police force;
(b) the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;
(c) members of staff transferred to the chief constable under a scheme made by virtue of section 107EC(1);
(d) members of staff appointed by the chief constable under section 107EC(2).
(5) Provision in an order under section 107D(1) , or in section 1(2B) of the Fire and Rescue Services Act 2004, for a function to be exercisable only by the mayor for the area of a combined authority is subject to provision made by virtue of subsection (2).
(6) This section is subject to—
(a) section 107EB (section 107EA orders: procedure), and
(b) section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting).
(7) In this section “fire and rescue functions”, in relation to a chief constable, means—
(a) functions which are exercisable by the chief constable by virtue of provision made under subsection (2)(a), and
(b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.
(1) An order under section 107EA(2) may be made in relation to the mayor for the area of a combined authority only if the mayor has requested the Secretary of State to make the order.
(2) A request under subsection (1) must be accompanied by a report which contains—
(a) an assessment of why—
(i) it is in the interests of economy, efficiency and effectiveness for the order to be made, or
(ii) it is in the interests of public safety for the order to be made,
(b) a description of any public consultation which the mayor has carried out on the proposal for the order to be made,
(c) a summary of the responses to any such consultation, and
(d) a summary of the representations (if any) which the mayor has received about that proposal from the constituent members of the combined authority.
(3) Before making the request the mayor must publish, in such manner as the mayor thinks appropriate, the mayor's response to the representations made or views expressed in response to any consultations on the proposal.
(4) Subsections (5) to (7) apply if—
(a) the mayor for the area of a combined authority makes a request under subsection (1) for the Secretary of State to make an order under section 107EA(2), and
(b) at least two thirds of the constituent members of the combined authority have indicated that they disagree with the proposal for the order to be made.
(5) The mayor must, in providing the report under subsection (2), provide the Secretary of State with—
(a) copies of the representations (if any) made by the constituent members of the combined authority about that proposal, and
(b) the mayor's response to those representations and to the responses to any public consultation which the mayor has carried out on that proposal.
(6) The Secretary of State must—
(a) obtain an independent assessment of that proposal, and
(b) in deciding whether to make the order, have regard to that assessment and to the material provided under subsection (5) (as well as the material provided under subsection (2)).
(7) The Secretary of State must publish the independent assessment—
(a) as soon as is reasonably practicable after making a determination in response to the proposal, and
(b) in such manner as the Secretary of State thinks appropriate.
(8) An order under section 107EA(2) may be made only if it appears to the Secretary of State that—
(a) it is in the interests of economy, efficiency and effectiveness for the order to be made, or
(b) it is in the interests of public safety for the order to be made.
(9) The Secretary of State may not make an order under section 107EA(2) in a case within subsection (8)(a) of this section if the Secretary of State thinks that the order would have an adverse effect on public safety.
(10) The Secretary of State may, in making an order under section 107EA(2) in relation to the mayor for the area of a combined authority, give effect to the mayor's proposal for the order with such modifications as the Secretary of State thinks appropriate.
(11) Before making an order which gives effect to such a proposal with modifications, the Secretary of State must consult the mayor and the combined authority on the modifications.
(12) In this section—
“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;
“constituent member”, in relation to a combined authority, means a member of the authority appointed by a constituent council (but does not include the mayor for the area of the combined authority).
(1) An order under section 107EA(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities)—
(a) from a fire and rescue authority or the combined authority to the chief constable, or
(b) from the chief constable to the combined authority,
(including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011).
(2) A chief constable to whom an order under section 107EA(2) applies may appoint staff for the purpose of the exercise of the chief constable's fire and rescue functions.
(3) A chief constable to whom an order under section 107EA(2) applies may—
(a) pay remuneration, allowances and gratuities to members of the chief constable's fire and rescue staff;
(b) pay pensions to, or in respect of, persons who are or have been such members of staff;
(c) pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.
(4) In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.
(5) Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.
(6) Where an order under section 107EA(2) is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force's chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions.
(7) Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.
(8) In subsection (7)—
“finance officer for fire functions” means a member of a chief constable's fire and rescue staff who—
is not a chief finance officer of the kind mentioned in subsection (6), and
is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions;
“finance officer for police functions” means a member of a chief constable's civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—
is not a chief finance officer of the kind mentioned in subsection (6), and
is employed to carry out duties relating to the proper administration of a police force's financial affairs.
(9) Where an order under section 107EA(2) is in force, the combined authority to which the order applies must pay—
(a) any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff;
(b) any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;
(c) any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff, if the settlement is approved by the authority.
(10) Where an order under section 107EA(2) is in force, the combined authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay—
(a) any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff;
(b) costs incurred and not recovered by such a member of staff in such proceedings;
(c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.
(11) In this section—
“fire and rescue functions” has the same meaning as in section 107EA;
“fire and rescue staff”, in relation to a chief constable to whom an order under section 107EA(2) applies, means—
staff transferred to the chief constable under a scheme made by virtue of subsection (1);
staff appointed by the chief constable under subsection (2).
107ED Section 107EA orders: exercise of fire and rescue functions
(1) This section applies if—
(a) an order under section 107EA(2) makes provision in relation to the area of a combined authority, and
(b) by virtue of the order, fire and rescue functions exercisable by the mayor for the area of the combined authority are exercisable by the chief constable of the police force for the police area which corresponds to that area.
(2) The chief constable must secure that good value for money is obtained in exercising—
(a) functions which are exercisable by the chief constable by virtue of the order, and
(b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.
(3) The chief constable must secure that other persons exercising functions by virtue of the order obtain good value for money in exercising those functions.
(4) The mayor must—
(a) secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the order,
(b) secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,
(c) secure that functions which are exercisable by the chief constable or another person by virtue of the order are exercised efficiently and effectively, and
(d) secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.
(5) The mayor must hold the chief constable to account for the exercise of such functions.
107EE Section 107EA orders: complaints and conduct matters etc
(1) If an order is made under section 107EA(2) that enables arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.
(2) If an order is made under section 107EA(2) that enables arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 107EC(1) or appointed by a chief constable under section 107EC(2), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff.
(3) The provision referred to in subsection (2) is—
(a) provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;
(b) provision applying (with or without modifications) any provision made by or under Part 2 of that Act.
(4) The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.
(5) Before making an order under this section the Secretary of State must consult—
(a) the Police Advisory Board for England and Wales,
(b) the Director General of the Independent Office for Police Conduct,
(c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
(d) such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and
(e) such other persons as the Secretary of State considers appropriate.
107EF Section 107EA orders: application of fire and rescue provisions
(1) The Secretary of State may by order—
(a) apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);
(b) make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.
(2) Those persons are—
(a) a chief constable of a police force for a police area to whom an order under section 107EA(2) applies,
(b) a member of staff transferred to such a chief constable under a scheme made by virtue of section 107EC(1),
(c) a member of staff appointed by such a chief constable under section 107EC(2),
(d) a member of such a chief constable's police force by whom functions are exercisable by virtue of section 107EA(2)(b), and
(e) a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) by whom functions are exercisable by virtue of section 107EA(2)(b).
(3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.
(4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).
(5) In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority).
(6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.
107EG Section 107EA orders: application of local policing provisions
(1) The Secretary of State may by order—
(a) apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2);
(b) make, in relation to such a person, provision corresponding or similar to any provision of a local policing enactment.
(2) Those persons are—
(a) a mayor for the area of a combined authority to whom an order under section 107EA(2) applies,
(b) a chief constable to whom such an order applies, and
(c) a panel established by virtue of an order under paragraph 4 of Schedule 5C for such an area.
(3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision.
(4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).
(5) In this section “local policing enactment” means an enactment relating to a police and crime commissioner.
(6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.
(1) The Secretary of State may by order provide for the mayor for the area of a combined authority to exercise functions of a police and crime commissioner in relation to that area.
(1A) The mayor for the area of a combined authority is to exercise functions of a police and crime commissioner in relation to that area if the combined authority meets the eligibility condition and transfer condition in relation to that area (see section 107FA).
(2) A reference in this section to functions of a police and crime commissioner is to any functions conferred on police and crime commissioners by or under—
(a) Part 1 of the Police Reform and Social Responsibility Act 2011, or
(b) any other Act (whenever passed).
(3) In this Part references to “PCC functions”, in relation to a mayor for the area of a combined authority, are to the functions of a police and crime commissioner that are exercisable by the mayor by virtue of this section.
(4) An order under subsection (1) may be made in relation to an existing mayoral combined authority only with the consent of the mayor of the authority.
(4A) For provision about the exercise of functions of a police and crime commissioner by the mayor for the area of a combined authority by virtue of subsection (1A), see Schedule 10A to the Police Reform and Social Responsibility Act 2011.
(5) If an order is made under subsection (1) in relation to a combined authority's area—
(a) the Secretary of State must by order provide that there is to be no police and crime commissioner for that area as from a specified date;
(b) the Secretary of State may by order provide that any election of a police and crime commissioner for that area that would otherwise take place (whether before or after the specified date) by virtue of section 50(1)(b) of the Police Reform and Social Responsibility Act 2011 is not to take place.
(6) An order under subsection (5) may include provision—
(a) for the term of office of a police and crime commissioner to continue until the date specified under subsection (5) (a) (in spite of section 50(7)(b) of the Police Reform and Social Responsibility Act 2011);
(b) for an election to fill a vacancy in the office of a police and crime commissioner, which otherwise would take place under section 51 of that Act, not to take place if the vacancy occurs within a period of six months ending with the specified date.
(7) Schedule 5C contains further provision in connection with orders under this section.
(8) Any PCC function exercisable by the mayor for the area of a combined authority by virtue of this Act is to be taken to be a function of the combined authority exercisable—
(a) by the mayor acting individually, or
(b) by a person acting under arrangements with the mayor made in accordance with provision made under Schedule 5C to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section sets out the “eligibility condition” and “transfer condition” referred to in section 107F(1A).
(2) A combined authority meets the eligibility condition in case A or case B.
(3) Case A: the authority’s area is the same as a single English police area.
In this case, the authority meets the eligibility condition in relation to the single police area.
(4) Case B: the authority’s area is the same as two or more English police areas (when those areas are taken together).
In this case, the authority meets the eligibility condition in relation to each of those police areas.
(5) A combined authority meets the transfer condition in relation to an English police area if—
(a) the Secretary of State has, by order, specified the time at which the mayor for the area of the authority is to begin exercising functions of a police and crime commissioner (the “transfer time”), and
(b) the transfer time has passed.
(6) If a combined authority meets the eligibility condition in relation to two or more English police areas, the Secretary of State may only exercise the power conferred by subsection (5)(a) so as to specify the same transfer time in relation to all of those police areas.
(7) In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England.
107G Mayors for combined authority areas: financial matters
(1) The Secretary of State may by order make provision for the costs of a mayor for the area of a combined authority that are incurred in, or in connection with, the exercise of mayoral functions to be met from precepts issued by the authority under section 40 of the Local Government Finance Act 1992.
(2) The function of issuing precepts under Chapter 4 of Part 1 of the Local Government Finance Act 1992 in respect of mayoral functions is to be a function exercisable only by the mayor acting on behalf of the combined authority.
(3) The Secretary of State may by order modify the application of Chapter 4 or 4ZA of Part 1 of the Local Government Finance Act 1992 so far as applying to cases where the precepting authority in question under that Chapter is a mayoral combined authority.
(4) Where the mayoral functions of a mayor include PCC functions—
(a) the provision made by virtue of subsection (3) must include provision to ensure that the council tax requirement calculated under section 42A of the Local Government Finance Act 1992 consists of separate components in respect of the mayor's PCC functions and the mayor's general functions, and
(b) the function of calculating the component in respect of the mayor's PCC functions is itself to be treated as a PCC function for the purposes of this Part.
(4A) Where the mayoral functions of a mayor include PCC functions in relation to more than one police area, the provision made in accordance with subsection (4)(a) which ensures that there is a separate component in respect of the mayor’s PCC functions must include separate components in respect of the mayor’s PCC functions in relation to the different police areas.
(5) The Secretary of State may by order make provision—
(a) requiring the mayor to maintain a fund in relation to receipts arising, and liabilities incurred, in the exercise of general functions;
(b) about the preparation of an annual budget in relation to the exercise of general functions.
(For power to make corresponding provision in relation to PCC functions, see paragraph 6 of Schedule 5C.)
(6) Provision under subsection (5)(b) may in particular include provision for—
(a) the mayor to prepare a draft budget;
(b) the draft to be scrutinised by—
(i) the other members of the combined authority, and
(ii) a committee of the authority appointed in accordance with paragraph 1(1) of Schedule 5A;
(c) the making of changes to the draft as a result of such scrutiny;
(d) the approval of the draft by the combined authority (including a power to veto the draft in circumstances specified in the order and the consequences of any such veto);
(e) the basis on which such approval is to be given.
(6A) The reference in subsection (6)(b)(i) to a member of a combined authority does not include a non-constituent or associate member.
(7) In this section “mayoral functions”, in relation to a mayor, means—
(a) the mayor's general functions, and
(b) if the mayor exercises PCC functions, the mayor's PCC functions.
107H Alternative mayoral titles: new mayoral combined authorities
(1) This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force on or after the date on which this section comes into force.
(2) At the first meeting of the authority after the order made under section 107A comes into force, the authority must, by a resolution in accordance with subsection (4)—
(a) provide that the mayor for the area of the authority is to be known by the title of mayor, or
(b) change the title by which the mayor for the area of the authority is to be known to an alternative title mentioned in subsection (3).
(3) The alternative titles are—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(4) The following requirements must be met in relation to the resolution mentioned in subsection (2)—
(a) particulars of the resolution must be included in the notice of the meeting,
(b) where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
(c) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(5) Subsections (6) and (7) apply where under this section a mayoral combined authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.
(6) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(7) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
(b) references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.
(8) A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(9) In this section a reference to a member of a combined authority does not include a non-constituent member.
(10) In this section “enactment”—
(a) includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but
(b) does not include this section or sections 107I and 107J.
107I Alternative mayoral titles: existing mayoral combined authorities
(1) This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force before the date on which this section comes into force.
(2) The authority may, by a resolution in accordance with subsection (3), change the title by which the mayor for the area of the authority is to be known to one of the following alternative titles—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(3) The following requirements must be met in relation to the resolution—
(a) the resolution must be considered at the first meeting of the authority held after a qualifying election for the return of the mayor,
(b) particulars of the resolution must be included in the notice of the meeting,
(c) where the resolution includes a proposed alternative title mentioned in subsection (2)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (2), and
(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(4) Subsections (5) and (6) apply where under this section a mayoral combined authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.
(5) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(6) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
(b) references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.
(7) A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(8) In this section a reference to a member of a combined authority does not include a non-constituent member.
(9) In this section—
“enactment” has the same meaning as in section 107H;
“qualifying election” means an election for the return of the mayor, other than—
the first election for the return of the mayor, and
an election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office.
(10) This section is subject to section 107J.
(1) This section applies where a mayoral combined authority has—
(a) by a resolution under section 107H or 107I or by a previous resolution under this section, changed the title by which the mayor for the area of the authority is to be known to an alternative title,
(b) by a resolution under section 107H, provided that the mayor for the area of the authority is to be known by the title of mayor, or
(c) by a previous resolution under this section, provided that the mayor for the area of the authority is no longer to be known by an alternative title.
(2) The authority may, by a resolution in accordance with subsection (4)—
(a) in a subsection (1)(a) case—
(i) provide that the mayor is no longer to be known by the alternative title, or
(ii) change the title by which the mayor is to be known to an alternative title mentioned in subsection (3);
(b) in a subsection (1)(b) or (c) case, change the title by which the mayor is to be known to an alternative title mentioned in subsection (3).
(3) The alternative titles are—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(4) The following requirements must be met in relation to the resolution mentioned in subsection (2)—
(a) the resolution must be considered at a relevant meeting of the authority,
(b) particulars of the resolution must be included in the notice of the meeting,
(c) where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(5) In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.
(6) Where under this section an authority provides that the mayor for the area of the authority is no longer to be known by an alternative title, the authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(7) Subsections (8) and (9) apply where under this section an authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.
(8) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(9) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
(b) references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.
(10) A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(11) Where a combined authority to which section 107H applies does not pass a resolution as required by subsection (2) of that section, the authority is to be treated for the purposes of this section as if, at the meeting mentioned in that subsection, it had passed the resolution mentioned in section 107H(2)(a) (providing that the mayor is to be known by the title of mayor).
(12) In this section a reference to a member of a combined authority does not include a non-constituent member.
(13) In this section—
“enactment” has the same meaning as in section 107H;
“qualifying election” has the same meaning as in section 107I.
(1) The Secretary of State may by regulations amend section 107H(3), 107I(2) or 107J(3) to add, modify or remove a reference to an alternative title or a description of an alternative title.
(2) Regulations under subsection (1) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to section 107H, 107I or 107J.
(1) A mayoral combined authority must prepare and publish a local growth plan for its area.
(2) A local growth plan must—
(a) include an overview of the economic conditions of the area (including the main economic characteristics which are likely to influence current and future economic growth),
(b) identify priorities for the economic growth of the area that are agreed with the Secretary of State (“shared local growth priorities”), and
(c) identify key projects for achieving economic growth in the area through private or public investment.
(3) A mayoral combined authority may revise or replace a local growth plan published under this section.
(4) The authority must arrange for any local growth plan that is revised or replaced to be published.
(5) The requirement under subsection (1) may be met by the publication of a local growth plan before this section comes into force.
107M Secretary of State guidance on local growth plans
(1) The Secretary of State may issue guidance to mayoral combined authorities in relation to local growth plans under section 107L.
(2) A mayoral combined authority must have regard to any such guidance in exercising their functions.
(3) The guidance may include (but is not limited to) guidance about—
(a) who the authority might consult when preparing or revising the plan;
(b) information to be included in the plan under section 107L(2) or the plan as revised;
(c) the process for agreeing priorities for the economic growth of the area with the Secretary of State for the purposes of section 107L(2)(b);
(d) the circumstances in which the authority may revise or replace the plan;
(e) the ways in which the authority may have regard to the plan when exercising its other functions.