82 Regional strategy as part of the development plan
(1) In section 38 of the Planning and Compulsory Purchase Act 2004 (c. 5) (development plan), in subsection (3)(a), for “regional spatial strategy” substitute “ regional strategy ”.
(2) For the purposes of that section, a regional strategy under this Part is to be regarded as consisting solely of the regional spatial strategy under section 1 of the Planning and Compulsory Purchase Act 2004 that subsisted for the region concerned immediately before 1 April 2010.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may by order establish as a body corporate an economic prosperity board (an “EPB”) for an area that meets the following conditions.
(2) Condition A is that the area consists of the whole of two or more local government areas in England.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Condition D is that no part of the area forms part of—
(a) the area of another EPB, ...
(b) the area of a combined authority , or
(c) the area of a combined county authority.
(6) Condition E is that each local government area that forms part of the area was included in a scheme prepared and published under section 98.
(7) In this Part “local government area” means the area of—
(a) a county council, or
(b) a district council.
(8) An order under this section must specify the name by which the EPB is to be known.
(1) The Secretary of State may by order make provision in relation to an EPB about—
(a) the membership of the EPB;
(b) the voting powers of members of the EPB;
(c) the executive arrangements of the EPB.
(2) The provision that may be made about membership includes provision about—
(a) the number and appointment of members of the EPB;
(b) the remuneration of, and pensions or allowances payable to or in respect of, any member of the EPB.
(3) The provision that may be made about voting powers includes provision for different weight to be given to the vote of different descriptions of member.
(4) The provision that may be made about executive arrangements includes provision about—
(a) the appointment of an executive;
(b) the functions of the EPB that are the responsibility of an executive;
(c) the functions of the EPB that are the responsibility of an executive and that may be discharged by a committee of the EPB or by a body other than the EPB;
(d) arrangements relating to the review and scrutiny of the discharge of functions;
(e) access to information on the proceedings of an executive of the EPB;
(f) the disapplication of section 15 of the Local Government and Housing Act 1989 (c. 42) (duty to allocate seats to political groups) in relation to an executive of the EPB or a committee of such an executive;
(g) the keeping of a record of any arrangements relating to the EPB and falling within paragraphs (a) to (f).
(5) An order under this section may not provide for the budget of an EPB to be agreed otherwise than by the EPB.
(1) An order under section 89 that includes provision about the number and appointment of members of an EPB must provide—
(a) for a majority of the members of the EPB to be appointed by the EPB's constituent councils,
(b) for those members to be appointed from among the elected members of the constituent councils, and
(c) for each constituent council that is a representative council to appoint at least one of its elected members as a member of the EPB.
(2) For the purposes of this section—
(a) a county council is a constituent council of an EPB if the area of the county council, or part of that area, is within the EPB's area;
(b) a district council is a constituent council of an EPB if the area of the district council is within the EPB's area.
(3) For the purposes of this section, the following are representative councils in relation to an EPB—
(a) if the EPB's area coincides with or includes the whole of the area of a county council, the county council;
(b) if the EPB's area includes part of the area of a county council—
(i) the county council, or
(ii) each district council for an area within that part,
as determined by or in accordance with the order;
(c) if the EPB's area includes the area of a unitary district council, the district council.
(4) In this Part “unitary district council” means a district council whose area is not part of the area of a county council.
(5) If an order under section 89 provides for members of an EPB to be appointed otherwise than from among the elected members of its constituent councils, the order must provide for those members to be non-voting members.
(6) The voting members of an EPB may resolve that provision made in accordance with subsection (5) is not to apply in the case of the EPB.
(1) The Secretary of State may by order provide for a function of a local authority that is exercisable in relation to an area all or part of which is within an EPB's area to be exercisable by the EPB in relation to the EPB's area.
(2) The Secretary of State may make an order under this section only if the Secretary of State considers that the function can appropriately be exercised by the EPB.
(3) An order under this section may make provision for the function to be exercisable by the EPB either generally or subject to such conditions or limitations as may be specified in the order.
(4) An order under this section may make provision—
(a) for the function to be exercisable by the EPB instead of by the local authority, ...
(b) for the function to be exercisable by the EPB concurrently with the local authority.
(c) for the function to be exercisable by the EPB and the local authority jointly, or
(d) for the function to be exercisable by the EPB jointly with the local authority but also continue to be exercisable by the local authority alone.
(5) An EPB must perform the functions that are exercisable by the EPB by virtue of this section with a view to promoting the economic development and regeneration of its area.
(6) In this section “local authority” means—
(a) a county council, or
(b) a district council.
(1) The Secretary of State may by order make provision—
(a) for the costs of an EPB to be met by its constituent councils, and
(b) about the basis on which the amount payable by each constituent council is to be determined.
(2) For the purposes of this section—
(a) a county council is a constituent council of an EPB if the area of the county council, or part of that area, is within the EPB's area;
(b) a district council is a constituent council of an EPB if the area of the district council is within the EPB's area.
(1) Each EPB must keep a fund to be known as the general fund.
(2) All receipts of the EPB must be carried to that fund.
(3) All liabilities falling to be discharged by the EPB must be discharged out of that fund.
(4) Accounts must be kept of—
(a) receipts carried to the general fund, and
(b) payments made out of the general fund.
(1) An EPB may change its name by a resolution in accordance with this section.
(2) The resolution must be considered at a meeting of the EPB that is specially convened for the purpose.
(3) Particulars of the resolution must have been included in the notice of the meeting.
(4) The resolution must be passed at the meeting by not less than two-thirds of the members of the EPB who vote on it.
(5) An EPB that changes its name under this section must—
(a) send notice of the change to the Secretary of State, and
(b) publish the notice in such manner as the Secretary of State may direct.
(6) A change of name under this section does not affect the rights or obligations of the EPB or any other person, or render defective any legal proceedings.
(7) Any legal proceedings may be commenced or continued as if there had been no change of name.
(1) The Secretary of State may by order change the boundaries of an EPB's area by—
(a) adding a local government area to an existing area of an EPB, or
(b) removing a local government area from an existing area of an EPB.
(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 88, and
(b) each council to whom this section applies consents to the making of the order.
(3) This section applies to—
(a) a county council whose area, or part of whose area, is to be added to or removed from the existing area of the EPB;
(b) a district council whose area is to be added to or removed from the existing area of the EPB.
(1) The Secretary of State may by order—
(a) dissolve an EPB's area, and
(b) abolish the EPB for the area.
(2) An order may be made under this section only if a majority of the councils to whom this section applies consent to the making of the order.
(3) This section applies to—
(a) a county council whose area, or part of whose area, is within the EPB's area;
(b) a unitary district council whose area is within the EPB's area.
(1) Any two or more of the authorities to whom this section applies may undertake a review of the effectiveness and efficiency of arrangements to promote economic development and regeneration within the area covered by the review (“the review area”).
(2) This section applies to—
(a) a county council in England;
(b) a district council in England.
(3) Where the review is being undertaken by a county council, the review area must include—
(a) the areas of one or more district councils that are within the area of the county council, or
(b) if there are no such areas, the area of the county council.
(4) Where the review is being undertaken by a district council, the review area must include the area of the district council.
(5) The review area may also include the area of any county council or district council in England not undertaking the review.
(1) This section applies where two or more of the authorities that have undertaken a review under section 97 conclude that the establishment of an EPB for an area would be likely to improve—
(a) the exercise of statutory functions relating to economic development and regeneration in the area, and
(b) economic conditions in the area.
(2) The authorities may prepare and publish a scheme for the establishment of an EPB for the area (“the scheme area”).
(3) Subject as follows, the scheme area—
(a) must consist of or include the whole or any part of the review area,
(b) may include one or more other local government areas, and
(c) must meet condition A in section 88.
(4) The scheme area may not include a local government area unless each appropriate authority for that area—
(a) participates in the preparation of the scheme, or
(b) consents to its inclusion in the scheme area.
(5) For this purpose—
(a) a county council is an appropriate authority for a local government area that is or forms part of the area of that county council;
(b) a district council is an appropriate authority for a local government area that is the area of that district council.
99 Requirements in connection with establishment of EPB
(1) The Secretary of State may make an order establishing an EPB for an area only if, having regard to a scheme prepared and published under section 98, the Secretary of State considers that to do so is likely to improve—
(a) the exercise of statutory functions relating to economic development and regeneration in the area, and
(b) economic conditions in the area.
(2) Before making the order, the Secretary of State must consult—
(a) each appropriate authority, and
(b) such other persons (if any) as the Secretary of State considers appropriate.
(3) For the purposes of this section—
(a) a county council is an appropriate authority if the area of the county council, or part of that area, is within the area for which the EPB is to be established;
(b) a district council is an appropriate authority if the area of the district council is within the area for which the EPB is to be established.
(3A) Subsection (3B) applies where the Secretary of State is considering whether to make an order establishing an EPB for an area and—
(a) part of the area is separated from the rest of it by one or more local government areas that are not within the area, or
(b) a local government area that is not within the area is surrounded by local government areas that are within the area.
(3B) In deciding whether to make the order, the Secretary of State must have regard to the likely effect of the creation of the proposed EPB on economic development or regeneration in each local government area that is next to any part of the proposed EPB area.
(4) In making the order, the Secretary of State must have regard to the need—
(a) to reflect the identities and interests of local communities, and
(b) to secure effective and convenient local government.
(1) Any one or more of the authorities to whom this section applies may undertake, in relation to an existing EPB, a review of—
(a) a matter in relation to which an order may be made under section 95 or 96;
(b) a matter concerning the EPB that the EPB has power to determine.
(2) This section applies to—
(a) an EPB;
(b) a county council whose area, or part of whose area, is within an area of an EPB or could be within a proposed area of an EPB;
(c) a district council whose area is within an area of an EPB or could be within a proposed area of an EPB.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The review must relate to one or more areas of an EPB or proposed areas of an EPB.
(5) In this section and section 101 a “proposed area of an EPB” means an area of an EPB that may be created by an order under section 95 (changes to boundaries of an EPB's area).
101 Preparation and publication of scheme: existing EPB
(1) This section applies where one or more of the authorities that have undertaken a review under section 100 conclude that the exercise of the power to make an order under section 95 or 96 would be likely to improve—
(a) the exercise of statutory functions relating to economic development and regeneration in an area of an EPB or a proposed area of an EPB, or
(b) economic conditions in such an area.
(2) The authorities may prepare and publish a scheme relating to the power ... in question.
(3) The reference in subsection (1) to an area of an EPB includes an area that would cease to be an area of an EPB if an order were made in relation to that area under section 96 (dissolution of an EPB's area).
101A Application in respect of change to constitution, functions or funding: existing EPB
(1) Any one or more of the authorities to whom this section applies may, in relation to an existing EPB, apply to the Secretary of State in respect of one or more EPB matters.
(2) This section applies to—
(a) the EPB;
(b) a county council whose area, or part of whose area, is within the area of the EPB;
(c) a district council whose area is within the area of the EPB.
(3) For the purposes of this section an “EPB matter” is a matter in relation to which an order may be made under any of sections 89, 91 and 92.
(4) An application to the Secretary of State under subsection (1) must—
(a) be made in writing;
(b) specify how the exercise of the power to make an order under any one or more of sections 89, 91 and 92 would be likely to improve—
(i) the exercise of statutory functions relating to economic development and regeneration in the area of the EPB, or
(ii) economic conditions in the area of the EPB.
(5) An application may be made under this section only if every authority to whom this section applies consents to the making of the application.
102 Requirements in connection with changes to existing EPB arrangements
(1) The Secretary of State may make an order under any of sections 89, 91, 92, 95 and 96 in relation to an existing EPB only if, having regard to a scheme prepared and published under section 101 or to an application made under section 101A, the Secretary of State considers that the making of the order is likely to improve—
(a) the exercise of statutory functions relating to economic development and regeneration in the area or areas to which the order relates, or
(b) economic conditions in that area or those areas.
(2) Before making the order, the Secretary of State must consult—
(a) such of the authorities mentioned in section 100(2) or section 101A(2), and
(b) such other persons (if any),
as the Secretary of State considers appropriate.
(2A) Subsection (2B) applies where the Secretary of State is considering whether to make an order under section 95 and—
(a) part of the area to be created is separated from the rest of it by one or more local government areas that are not within the area, or
(b) a local government area that is not within the area to be created is surrounded by local government areas that are within the area.
(2B) In deciding whether to make the order under section 95, the Secretary of State must have regard to the likely effect of the proposed change to the EPB's area on economic development or regeneration in each local government area that is next to any part of the area to be created by the order.
(3) In making the order, the Secretary of State must have regard to the need—
(a) to reflect the identities and interests of local communities, and
(b) to secure effective and convenient local government.
(1) The Secretary of State may by order establish as a body corporate a combined authority for an area that meets the following conditions.
(2) Condition A is that the area consists of the whole of two or more local government areas in England.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Condition D is that no part of the area forms part of—
(a) the area of another combined authority,
(aa) the area of a combined county authority,
(b) the area of an EPB, or
(c) an integrated transport area.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) An order under this section must specify the name by which the combined authority is to be known.
A combined authority has the functions that are conferred by—
(a) this Part or any order under this Part,
(b) any regulations under Schedule 27 to the English Devolution and Community Empowerment Act 2026, or
(c) any other enactment (whenever passed or made).
103B Mayoral power to convene meetings with local partners
(1) The mayor for the area of a combined authority may convene meetings with local partners to consider relevant local matters.
(2) In exercising the function of convening meetings, a mayor must have regard to any guidance issued for this purpose by the Secretary of State.
(3) If a mayor notifies a local partner that the mayor intends to convene a meeting under this section with that local partner, the local partner must respond to the notification.
(4) In responding to a notification given by a mayor, a local partner must have regard to any guidance issued for this purpose by the Secretary of State.
(5) In this section—
“local partner” means a person specified, or of a description specified, in regulations made by the Secretary of State;
“relevant local matter”, in relation to the mayor for the area of a combined authority, means a matter which relates both to—
the area of the combined authority, and
any aspect of any area of competence set out in section 2 of the English Devolution and Community Empowerment Act 2026.
(1) The mayor for the area of a combined authority (“mayor A”) may make a request to another elected mayor (“mayor B”) for the mayors to collaborate in relation to a matter relating to any aspect of any area of competence.
(2) A collaboration request must specify—
(a) the matter on which mayor A wants the mayors to collaborate, and
(b) the way in which mayor A wants the mayors to collaborate.
(3) Mayor A may make a collaboration request only if mayor A considers that the requested collaboration would be likely to improve the economic, social or environmental well-being of—
(a) some or all of the people who live or work in mayor A’s area, or
(b) some or all of the people who live or work in mayor A’s area and some or all of the people who live or work in mayor B’s area.
(4) Mayor A may make a collaboration request only if mayor A’s area adjoins mayor B’s area.
(5) A collaboration request must be in writing.
(6) Mayor A must publish, in such manner as the mayor thinks appropriate, any collaboration request which the mayor makes.
(7) The mayors for the areas of combined authorities must have regard to any guidance issued by the Secretary of State in exercising powers, and complying with duties, under this section.
(8) Section 103E makes provision about collaboration requests made by, or to, two or more elected mayors.
(9) In this section, section 103D and section 103E—
“area of competence” has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 2 of that Act);
“collaboration request” means a request made under subsection (1);
“elected mayor” means—
the mayor for the area of a combined authority,
the mayor for the area of a combined county authority, or
the Mayor of London;
“mayor A” has the meaning given in subsection (1);
“mayor A’s area” means the area for which mayor A is the mayor;
“mayor B” has the meaning given in subsection (1);
“mayor B’s area” means the area for which mayor B is the mayor.
(1) In a case where a collaboration request is made to mayor B, the mayor must—
(a) consider the collaboration request and decide how to respond,
(b) set out the response in writing,
(c) give the response to mayor A, and
(d) publish, in such manner as the mayor thinks appropriate, the response.
(2) In considering the collaboration request and deciding how to respond, mayor B must have regard to the economic, social and environmental well-being of some or all of the people who live or work in mayor B’s area.
(3) If mayor B decides not to agree to the collaboration request, or any part of it, mayor B must—
(a) give the reasons for that decision, and
(b) include the reasons in the response to mayor A.
(4) Mayors to whom collaboration requests are made must have regard to any guidance issued by the Secretary of State in exercising the powers, and complying with the duties, under this section.
103E Collaboration requests made by or to several mayors
(1) Two or more elected mayors (the “requesting mayors”) may make a collaboration request to a single elected mayor (the “potential collaborating mayor”) if—
(a) at least one of the requesting mayors is the mayor for the area of a combined authority, and
(b) each requesting mayor’s area meets the neighbour test.
(2) For that purpose, a requesting mayor’s area meets the neighbour test if that area—
(a) adjoins every other requesting mayor’s area, and
(b) adjoins the potential collaborating mayor’s area.
(3) If two or more elected mayors make a collaboration request to a single elected mayor—
(a) sections 103C and 103D apply in relation to each of the requesting mayors separately, and
(b) accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor.
(4) A single mayor for the area of a combined authority (the “requesting mayor”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if each potential collaborating mayor’s area meets the neighbour test.
(5) For that purpose, a potential collaborating mayor’s area meets the neighbour test if that area adjoins the requesting mayor’s area.
(6) If a single mayor for the area of a combined authority makes a collaboration request to two or more elected mayors—
(a) sections 103C and 103D apply in relation to each of the potential collaborating mayors separately, and
(b) accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.
(7) Two or more elected mayors (the “requesting mayors”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if—
(a) at least one of the requesting mayors is the mayor for the area of a combined authority,
(b) each requesting mayor’s area meets the neighbour test, and
(c) each potential collaborating mayor’s area meets the neighbour test.
(8) For the purposes of subsection (7), a requesting mayor’s area meets the neighbour test if that area—
(a) adjoins every other requesting mayor’s area, and
(b) adjoins every potential collaborating mayor’s area.
(9) For the purposes of subsection (7), a potential collaborating mayor’s area meets the neighbour test if that area adjoins every requesting mayor’s area.
(10) If two or more elected mayors make a collaboration request to two or more elected mayors—
(a) sections 103C and 103D apply in relation to each of the requesting mayors separately, and
(b) accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor;
(c) sections 103C and 103D apply in relation to each of the potential collaborating mayors separately, and
(d) accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.
(11) In this section—
“potential collaborating mayor’s area” means the area for which a potential collaborating mayor is the mayor;
“requesting mayor’s area” means the area for which a requesting mayor is the mayor.
(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 Integrated Transport Authority (an “ITA”) under the following provisions of the Local Transport Act 2008 (c. 26)—
(a) section 84 (constitutional arrangements);
(b) section 86 (delegation of functions of the Secretary of State);
(c) section 87 (delegation of local authority functions);
(d) section 88 (conferral of a power to direct).
(2) Section 85(1) to (3) of that Act (provision about membership of an ITA) applies to—
(a) an order under subsection (1)(a) of this section, and
(b) the combined authority to whom that order applies,
as it applies to an order under section 84 of that Act and the ITA to whom that order applies.
(2A) But—
(a) section 84 of that Act, in its application to a combined authority by virtue of subsection (1)(a), is subject to—
(i) sections 104A and 104B and regulations under section 104C (combined authority membership), and
(ii) sections 104D(4) and 106(3CA) and (3F) (procedure for combined authority consents), and
(b) section 85(1) of that Act, in its application to a combined authority by virtue of subsection (2), is subject to subsections (2AA) and (2B).
(2AA) Section 85(1)(a) has effect as if it required an order which includes provision about the number and appointment of members of a combined authority to provide for the authority’s members, other than—
(a) the mayor (in the case of a mayoral combined authority),
(b) the authority’s non-constituent members (see section 104A), and
(c) the authority’s associate members (see section 104B),
to be appointed by the authority’s constituent councils.
(2B) If the area of the combined authority includes the area of the whole of a county that comprises the areas of one or more district councils, the representative councils for the purposes of section 85(1)(c) of that Act (as applied to a combined authority) are either the county council or the council for each of the districts (as determined by or in accordance with the order).
(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2D) An order under subsection (1)(c) may include provision for a function exercisable by a local authority in relation to an area all or part of which is comprised in the combined authority's area to be exercisable by the combined authority in relation to the combined authority's area.
(3) The following provisions of that Act apply in relation to a combined authority on whom functions of a kind described in section 88 of that Act are conferred as they apply in relation to an ITA on whom such functions are conferred—
(a) section 88(10) (provisions about directions);
(b) section 89(2) and (3) (power to remedy contravention of direction).
(3A) In its application by virtue of this section, the Local Transport Act 2008 has effect with the modifications set out in subsections (3B) and (3C).
(3B) Section 88 (conferral of a power to direct) has effect as if—
(a) for subsection (1) there were substituted—
(1) The Secretary of State may by regulations—
(a) confer on a non-mayoral combined authority a power to give a direction about the exercise of an eligible power;
(b) confer on a mayoral combined authority a power to give a direction about the exercise of an eligible power in relation to roads that are not key route network roads (see section 107ZA).
;
(b) for subsection (7) there were substituted—
(7) In subsection (6) “road”—
(a) in the case of a power of direction under subsection (1)(a), has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984;
(b) in the case of a power of direction under subsection (1)(b), means a road that is not a key route network road;
(c) in either case, does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991.
(3C) The Act has effect as if the following were inserted after section 89—
Highways and traffic functions: directions by mayors
89ZA (1) A mayoral combined authority may give a direction about the exercise of—
(a) an eligible power, or
(b) a street authority or permit authority power,
in respect of a particular key route network road or a description of roads which are all key route network roads.
(2) The power under this section to give a direction is exercisable only by the mayor for the area of a combined authority on behalf of the combined authority.
(3) A direction under this section must relate only to the exercise of a relevant power—
(a) by a constituent council of the combined authority;
(b) in—
(i) the area of the combined authority, and
(ii) the area of the constituent council.
(4) Any direction given under this section—
(a) must be given in writing and may be varied or revoked by a further direction in writing, and
(b) may make different provision for different cases and different provision for different areas.
(5) Before giving a direction under this section, a mayor must have regard to the following—
(a) the network management duty imposed by section 16 of the Traffic Management Act 2004;
(b) the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty);
(c) any guidance issued under section 18 of that Act;
(d) any guidance issued under section 118 of the Local Democracy, Economic Development and Construction Act 2009.
(6) On the day on which a mayor gives a direction under this section, the mayor must publish a copy of the direction in such manner as the mayor considers appropriate.
(7) A mayor who gives a direction under this section must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).
(8) In a case where works are carried out in complying with the direction, the costs of the works are those incurred—
(a) before or while carrying out the works, or
(b) during the period that ends 12 months after completion of the works.
(9) The following provisions of this Act apply in relation to a combined authority as they apply in relation to an ITA on whom functions of a kind described in section 88 are conferred—
(a) section 88(10) (provisions about directions);
(b) section 89(2) and (3) (power to remedy contravention of direction).
(10) In this section—
“eligible power” means a power of a county council or a unitary district council which the council has—
as highway authority by virtue of section 1 of the Highways Act 1980, or
as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984;
“power”, in the definition of “eligible power” or street authority or permit authority power, does not include a duty;
“relevant power” means—
an eligible power, or
a street authority or permit authority power;
“street authority or permit authority power” means a power of a county council or a unitary district council which the council has—
as a street authority by virtue of section 49 of the New Roads and Street Works Act 1991, or
under section 33 or 33A of the Traffic Management Act 2004 or under a permit scheme prepared under section 33 of that Act.
Contraventions of section 89ZA
89ZB (1) If an authority (the “defaulting authority”) exercises any power in contravention of a direction under section 89ZA given by a combined authority (the “CA”), the CA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.
(2) For the purposes of subsection (1), the CA has power to exercise any power of the defaulting authority on behalf of that authority.
(3) Any reasonable expenses incurred by the CA in taking any steps under subsection (1) are recoverable from the defaulting authority as a civil debt.
(4) Section 97 of that Act (change of name of ITA) applies to a combined authority as it applies to an ITA.
(5) The Secretary of State may by order transfer functions of an ITA to a combined authority.
(6) An order under subsection (5) may only be made in relation to functions exercisable by the ITA in relation to an area that becomes, or becomes part of, the combined authority's area by virtue of an order under this Part.
(7) The Secretary of State may by order provide for any function that is conferred or imposed on a Passenger Transport Executive by any enactment (whenever passed or made) to be exercisable by a combined authority or the executive body of a combined authority in relation to the combined authority's area.
(8) An order under subsection (7) may make provision for any function that—
(a) is conferred or imposed on an ITA by any enactment (whenever passed or made), and
(b) relates to the functions of a Passenger Transport Executive,
to be exercisable by a combined authority in relation to the combined authority's area.
(9) Schedule 5A makes provision for combined authorities to have overview and scrutiny committees and audit committees; and provision made in an order under subsection (1) is subject to that Schedule.
(10) Except as provided for by section 107ZA(7) subsections (10A), (11B) and (12), 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, and
(b) in the case of an order in relation to an existing combined authority, the combined authority.
(10A) Subsection (10) 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).
(11) In this section “constituent council” means— In this Part “constituent council”, in relation to a combined authority, means—
(a) a county council the whole or any part of whose area is within the area or proposed area of the combined authority, or
(b) a district council whose area is within the area or proposed area of the combined authority.
(11A) If the only provision made under this section in an order under this Part is provision as a result of an order under section 106 (changes to boundaries of combined authority’s area
(a) subsection (10) does not apply to the order under this Part, and
(b) subsections (3A) to (3H) of section 106 apply in relation to the order as if it contained the provision made by the order under section 106.
(11B) If the only provision made under this section in an order under this Part is provision as a result of an order to which section 107DA (procedure for direct conferral of general functions on mayor) applies—
(a) subsection (10) does not apply to the order under this Part, and
(b) the order may be made only with the consent of the mayor for the combined authority.
(12) Subsection (10) is subject to section 106A.
104A Non-constituent members of a combined authority
(1) A combined authority may designate a body other than a constituent council as a nominating body for the purposes of this Part.
(2) A body may be designated under subsection (1) only if the body consents to the designation.
(3) A nominating body of a combined authority may nominate a representative of the body for appointment by the authority as a member (a “non-constituent member”).
(4) The non-constituent members of a combined authority are to be non-voting members of that authority unless the voting members resolve otherwise.
(5) A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the combined authority should consent to the making of an order under this Part.
(6) This section is subject to regulations under section 104C(4) (disapplication of this section).
(7) In this section “constituent council”, in relation to a combined authority, means—
(a) a county council the whole or any part of whose area is within the area of the authority, or
(b) a district council whose area is within the area of the authority.
(1) A combined authority may appoint an individual to be a member (“an associate member”) of the combined authority.
(2) The associate members of a combined authority are to be non-voting members of the authority.
(3) This section is subject to regulations under section 104C(4) (disapplication of this section).
(1) The Secretary of State may by regulations make provision about—
(a) constituent members of a combined authority;
(b) the mayor for the area of a combined authority in the mayor’s capacity as a member of the authority;
(c) nominating bodies of a combined authority;
(d) non-constituent members of a combined authority;
(e) associate members of a combined authority.
(2) The provision that may be made by regulations under subsection (1) includes, in particular, provision about—
(a) the cases in which a decision of a combined authority requires a majority, or a particular kind of majority, of the votes of members of a particular kind (including provision disapplying or modifying the effect of section 104CA);
(b) the process for the designation of a nominating body or the removal of such a designation;
(c) the number of nominating bodies that may be designated by a combined authority;
(d) the number of non-constituent members that may be appointed by a combined authority;
(e) the appointment, disqualification, resignation or removal of a non-constituent member;
(f) the appointment of a substitute member to act in place of a non-constituent member;
(g) the maximum number of non-constituent members of a combined authority;
(h) the making by a nominating body of a combined authority of payments towards the costs of the authority;
(i) the things which may or may not be done by, or in relation to, a non-constituent member;
(j) the appointment, disqualification, resignation or removal of an associate member;
(k) the appointment of a substitute member to act in place of an associate member;
(l) the maximum number of associate members of a combined authority;
(m) the things which may or may not be done by, or in relation to, an associate member.
(3) Regulations under subsection (1) may confer a discretion on a combined authority to determine any matter.
(4) The Secretary of State may by regulations provide, in relation to a combined authority established by an order which came into force before the coming into force of this section—
(a) for the relevant provisions about membership not to apply in relation to the authority, or
(b) for the authority to determine whether the relevant provisions about membership are to apply in relation to the authority.
(5) In subsection (4) “the relevant provisions about membership” means—
(a) the amendments to section 104 made by section 64(2) to (7) of the Levelling-up and Regeneration Act 2023, and
(b) sections 104A and 104B.
(6) Regulations under subsection (1) or (4) may make incidental, supplementary, consequential, transitional, transitory or saving provision.
(7) In this section “constituent member”, in relation to a combined authority, means a member of the authority (other than any mayor for the area of the authority) appointed by—
(a) a county council the whole or any part of whose area is within the area of the authority, or
(b) a district council whose area is within the area of the authority.