Part 2Local democracy and devolution
Chapter 2Other provision
Combined authorities
I164Membership of combined authority
1
The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2
3
In subsection (2), for “85” substitute “85(1) to (3)”
.
4
For subsection (2A) substitute—
2A
But—
a
section 84 of that Act, in its application to a combined authority by virtue of subsection (1)(a), is subject to—
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).
5
After subsection (2A) insert—
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.
6
Omit subsection (2C).
7
In subsection (11), for “subsection (10)” substitute “this section”
.
8
After section 104 insert—
104ANon-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
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.
104BAssociate members of a combined 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
104CRegulations about members
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;
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
b
sections 104A and 104B.
6
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.
9
10
In section 107C (deputy mayors etc), after subsection (6) insert—
6A
References in this section to a member of a combined authority do not include a non-constituent or associate member.
11
In section 107D (functions of mayors: general)—
a
after subsection (3) insert—
3A
The reference in subsection (3)(b) to a member of a combined authority does not include a non-constituent or associate member.
b
after subsection (4) insert—
4A
An order under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.
12
In section 107G (mayors for combined authority areas: financial provision), after subsection (6) insert—
6A
The reference in subsection (6)(b)(i) to a member of a combined authority does not include a non-constituent or associate member.