Moved by
Baroness Williams of Trafford
7: After Clause 14, insert the following new Clause—
“Requirements in connection with establishment etc. of combined authority
(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
(2) In section 103, omit subsection (6) (combined authorities: area must have been included in a scheme under section 109).
(3) In section 110 (requirements in connection with establishment of combined authority), for subsections (1) to (3) substitute—
“(1) The Secretary of State may make an order establishing a combined authority for an area only if—
(a) the Secretary of State considers that to do so is likely to improve the exercise of statutory functions in the area or areas to which the order relates,
(b) the constituent councils consent, and
(c) any consultation required by subsection (2) has been carried out.
(1A) If a scheme for the establishment of the combined authority has been prepared and published under section 109 the Secretary of State must have regard to that scheme in making the order.
(2) The Secretary of State must carry out a public consultation unless—
(a) a scheme has been prepared and published under section 109,
(b) the constituent councils carried out a public consultation in connection with the proposals contained in the scheme and provided the Secretary of State with a summary of the consultation responses, and
(c) the Secretary of State considers that no further consultation is necessary.
(3) In this section “constituent council” means—
(a) a county council the whole or any part of whose area is within the area for which the combined authority is to be established, or
(b) a district council whose area is within the area for which the combined authority is to be established.”
(4) In section 113 (requirements in connection with changes to existing combined arrangements), for subsections (1) and (2) substitute—
“(1) The Secretary of State may make an order under section 104, 105, 106 or 107 in relation to an existing combined authority only if—
(a) the Secretary of State considers that to do so is likely to improve the exercise of statutory functions in the area or areas to which the order relates,
(b) the constituent councils consent, and
(c) any consultation required by subsection (2) has been carried out.
(1A) If a scheme has been prepared and published under section 112 the Secretary of State must have regard to that scheme in making the order.
(2) The Secretary of State must carry out a public consultation unless—
(a) a scheme has been prepared and published under section 112,
(b) the authorities that prepared and published the scheme carried out a public consultation in connection with the proposals contained in the scheme and provided the Secretary of State with a summary of the consultation responses, and
(c) the Secretary of State considers that no further consultation is necessary.
(2A) In this section “constituent council” 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.””