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Change 1
As published
109ZA Combined authorities and combined county authorities: adoption of local transport plans
(1) This section applies where a local transport authority is a combined authority or a combined county authority.
(2) The local transport plan prepared by the authority in accordance with section 108, and any review or alteration to the plan, only becomes operative once it is adopted by the authority.
(3) In the case of a non-mayoral combined authority or non-mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority.
(4) In the case of a mayoral combined authority or mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority—
(a) of the relevant members present and voting on that resolution at a meeting of the authority,
(b) which includes the mayor, or the deputy mayor acting in place of the mayor.
(5) But if—
(a) the office of mayor is vacant, and
(b) there is no deputy mayor, or the deputy mayor is unable to act in place of the mayor,
the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority.
(6) In the case of a resolution by a non-mayoral combined authority or non-mayoral CCA—
(a) each constituent member has one vote;
(b) in the case of a tied vote—
(i) no person has a casting vote; and
(ii) the authority must be regarded as having disagreed to the question that the decision should be made.
(7) In the case of a resolution by a mayoral combined authority or mayoral CCA—
(a) each relevant member has one vote;
(b) in the event of a tied vote then (unless it is a case where subsection (5) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have).
(8) In the case of a non-mayoral combined authority or non-mayoral CCA, the adoption of a local transport plan requires the consent of all constituent councils.
(9) In this section—
“constituent member”, in relation to a combined authority or combined county authority—
means a person appointed by a constituent council to be a member of the authority; and
also includes a person acting as a member of the authority in the absence of such a member;
and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority);
“relevant member” in relation to a mayoral combined authority or mayoral CCA means—
a constituent member or
the mayor,
and also includes the deputy mayor acting in place of the mayor.
Your change, as a redline
109ZA Combined authorities and combined county authorities: adoption of local transport plans
(1) This section applies where a local transport authority is a combined authority or a combined county authority.
(2) The local transport plan prepared by the authority in accordance with section 108, and any review or alteration to the plan, only becomes operative once it is adopted by the authority.
(3) In the case of a non-mayoral combined authority or non-mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority.
(4) In the case of a mayoral combined authority or mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority—
(a) of the relevant members present and voting on that resolution at a meeting of the authority,
(b) which includes the mayor, or the deputy mayor acting in place of the mayor.
(5) But if—
(a) the office of mayor is vacant, and
(b) there is no deputy mayor, or the deputy mayor is unable to act in place of the mayor,
the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority.
(6) In the case of a resolution by a non-mayoral combined authority or non-mayoral CCA—
(a) each constituent member has one vote;
(b) in the case of a tied vote—
(i) no person has a casting vote; and
(ii) the authority must be regarded as having disagreed to the question that the decision should be made.
(7) In the case of a resolution by a mayoral combined authority or mayoral CCA—
(a) each relevant member has one vote;
(b) in the event of a tied vote then (unless it is a case where subsection (5) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have).
(8) In the case of a non-mayoral combined authority or non-mayoral CCA, the adoption of a local transport plan requires the consent of all constituent councils.
(9) In this section—
“constituent member”, in relation to a combined authority or combined county authority—
means a person appointed by a constituent council to be a member of the authority; and
also includes a person acting as a member of the authority in the absence of such a member;
and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority);
“relevant member” in relation to a mayoral combined authority or mayoral CCA means—
a constituent member or
the mayor,
and also includes the deputy mayor acting in place of the mayor.
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