Local Government and Public Involvement in Health Act 2007
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Change 1
As published
11A Implementation orders: conversion of combined county authorities
(1) This section applies where the implementation of a proposal in response to an invitation or direction under section 2 or 2A means that the area of a combined county authority—
(a) will no longer meet condition A in section 9(2) of the Levelling-Up and Regeneration Act 2023 (area of combined county authority), but
(b) will meet condition A in section 103(2) of the Local Democracy, Economic Development and Construction Act 2009 (area of combined authority).
(2) The Secretary of State may by regulations make provision that the relevant body corporate is to continue in existence but—
(a) is no longer a combined county authority, and
(b) is instead a combined authority.
(3) Accordingly, where regulations make provision under subsection (2), the combined authority and the combined county authority are the same person in law.
(4) The Secretary of State may by regulations make provision that the relevant office of mayor (if any) is to continue in existence but—
(a) is no longer the office of mayor for the area of the combined county authority, and
(b) is instead the office of mayor for the area of the combined authority.
(5) Accordingly, where regulations make provision under subsection (4)—
(a) the office of mayor for the area of the combined authority and the office of mayor for the area of the combined county authority is the same office in law;
(b) the person who holds the relevant office of mayor continues to hold that office.
(6) The power to make regulations under this section includes power to make incidental, consequential, transitional or supplementary provision.
(7) The power to make provision under subsection (6) includes (but is not limited to) provision—
(a) for the combined authority to be treated for some or all purposes as if it is a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
(b) for the office of mayor for the area of the combined county authority to be treated for some or all purposes as if it is provided for under section 107A of the Local Democracy, Economic Development and Construction Act 2009.
(8) Provision made under this section may—
(a) modify, disapply or apply (with or without modifications) any enactment;
(b) repeal or revoke any enactment with or without savings.
(9) In this section “enactment” includes—
(a) this Act (other than a provision of this Part);
(b) an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978 (whenever passed or made),
but it does not include an Act other than this Act.
(10) In this section—
“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“modify” includes amend;
“relevant body corporate” means the body corporate which the combined county authority was established as;
“relevant office of mayor” means the office of mayor for the area of the combined county authority.
Your change, as a redline
11A Implementation orders: conversion of combined county authorities
(1) This section applies where the implementation of a proposal in response to an invitation or direction under section 2 or 2A means that the area of a combined county authority—
(a) will no longer meet condition A in section 9(2) of the Levelling-Up and Regeneration Act 2023 (area of combined county authority), but
(b) will meet condition A in section 103(2) of the Local Democracy, Economic Development and Construction Act 2009 (area of combined authority).
(2) The Secretary of State may by regulations make provision that the relevant body corporate is to continue in existence but—
(a) is no longer a combined county authority, and
(b) is instead a combined authority.
(3) Accordingly, where regulations make provision under subsection (2), the combined authority and the combined county authority are the same person in law.
(4) The Secretary of State may by regulations make provision that the relevant office of mayor (if any) is to continue in existence but—
(a) is no longer the office of mayor for the area of the combined county authority, and
(b) is instead the office of mayor for the area of the combined authority.
(5) Accordingly, where regulations make provision under subsection (4)—
(a) the office of mayor for the area of the combined authority and the office of mayor for the area of the combined county authority is the same office in law;
(b) the person who holds the relevant office of mayor continues to hold that office.
(6) The power to make regulations under this section includes power to make incidental, consequential, transitional or supplementary provision.
(7) The power to make provision under subsection (6) includes (but is not limited to) provision—
(a) for the combined authority to be treated for some or all purposes as if it is a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
(b) for the office of mayor for the area of the combined county authority to be treated for some or all purposes as if it is provided for under section 107A of the Local Democracy, Economic Development and Construction Act 2009.
(8) Provision made under this section may—
(a) modify, disapply or apply (with or without modifications) any enactment;
(b) repeal or revoke any enactment with or without savings.
(9) In this section “enactment” includes—
(a) this Act (other than a provision of this Part);
(b) an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978 (whenever passed or made),
but it does not include an Act other than this Act.
(10) In this section—
“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“modify” includes amend;
“relevant body corporate” means the body corporate which the combined county authority was established as;
“relevant office of mayor” means the office of mayor for the area of the combined county authority.
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