Legislation – Levelling-up and Regeneration Act 2023

“(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.”

“(3A)

An order under this section adding or removing a local government area to or from an existing area of a mayoral combined authority may be made only if—

(a)

the relevant council in relation to the local government area consents, and

(b)

the mayor for the area of the combined authority consents.

(3AA)

An order under this section adding or removing a local government area to or from an existing area of a combined authority which is not a mayoral combined authority may be made only if—

(a)

the relevant council in relation to the local government area consents, and

(b)

the combined authority consents.”

“(3CA)

The question of whether to consent under subsection (3AA)(b) to an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

(3CB)

Subsection (3CA) applies instead of—

(a)

any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and

(b)

any provision made by a combined authority about its constitution under such an order about such procedure.”

“(3D)

Where an order under subsection (1)(b) is made as a result of the duty in section 105B(5) or 107B(4)—

(a)

subsection (2) does not apply, and

(b)

neither subsection (3A) nor subsection (3AA) applies.”

“(3E)

Subsection (3F) applies if a combined authority has made provision about its constitution under an order under section 104(1).

(3F)

A decision about any change to that provision as a result of an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

(3G)

Subsection (3F) applies instead of—

(a)

any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and

(b)

any provision made by a combined authority about its constitution under such an order about such procedure.

(3H)

A reference in this section to a voting member—

(a)

includes a substitute member who may act in place of a voting member;

(b)

does not include a non-constituent member.”

“(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.”

“(5A)

The requirements in subsection (1) do not apply where the order is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—

(a)

to be a function of the combined authority, and

(b)

to be a function exercisable only by the mayor.

See section 107DA in relation to an order of this kind.”

“(11)

The requirement in subsection (9) does not apply where the order is made under section 105A and this section in relation to an existing mayoral combined authority and provides for a function—

(a)

to be a function of the combined authority, and

(b)

to be a function exercisable only by the mayor.

See section 107DA in relation to an order of this kind.”

“107DAProcedure for direct conferral of general functions on mayor

(1)

This section applies in relation to an order which is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—

(a)

to be a function of the combined authority, and

(b)

to be a function exercisable only by the mayor.

(2)

The Secretary of State may make the order only if a request for the making of the order has been made to the Secretary of State by the mayor.

(3)

Before submitting a request under this section, the mayor must consult the constituent councils.

(4)

A request under this section must contain—

(a)

a statement by the mayor that all of the constituent councils agree to the making of the order, or

(b)

if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.

(5)

In this section “constituent council” means—

(a)

a county council the whole or any part of whose area is within the area of the combined authority, or

(b)

a district council whose area is within the area of the combined authority.”

“(4)

An order under subsection (1) may be made in relation to an existing mayoral combined authority only with the consent of the mayor of the authority.”

“Combined authorities: key route network roads

107ZADesignation of key route network roads

(1)

A combined authority may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of—

(a)

each constituent council in whose area the highway or proposed highway is, and

(b)

in the case of a mayoral combined authority, the mayor.

(2)

The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by—

(a)

the combined authority,

(b)

the mayor (if any) of the combined authority, or

(c)

a constituent council.

(3)

A designation or removal under this section must be in writing and must state when it comes into effect.

(4)

The Secretary of State must send a copy of a designation or removal under subsection (2) to the combined authority in question at least 7 days before the date on which it comes into effect.

(5)

A combined authority must publish each designation or removal under this section of a key route network road within its area before the date on which it comes into effect.

(6)

A combined authority that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.

(7)

The requirements in section 104(10) and section 107D(9)(a) do not apply to provision under section 104(1)(d) and section 107D(1) contained in the same instrument so far as that provision—

(a)

confers a power of direction on an existing mayoral combined authority regarding the exercise of an eligible power in respect of key route network roads in the area of that combined authority,

(b)

provides for that power of direction to be exercisable only by the mayor of the combined authority, and

(c)

is made with the consent of the mayor after the mayor has consulted the constituent councils.

(8)

When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—

(a)

a statement by the mayor that all of the constituent councils agree to the making of the order, or

(b)

if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.

(9)

In this section—

“constituent council” has the meaning given in section 104(11);

“eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008;

“key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;

“proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.”

“(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.”

“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)

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.

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)

This section is subject to regulations under section 104C(4) (disapplication of this section).

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)

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.”

“(3ZA)

But section 92, in its application to a combined authority by virtue of subsection (3), is subject to regulations under section 104C(1) (combined authority membership).”

“(6A)

References in this section to a member of a combined authority do not include a non-constituent or associate member.”

“(6A)

The reference in subsection (6)(b)(i) to a member of a combined authority does not include a non-constituent or associate member.”

““associate member” has the meaning given by section 104B(1);”,”;

““nominating body” means a body designated under section 104A(1);”, and

““non-constituent member” has the meaning given by section 104A(3);”.

“109AProposal for new combined authority

(1)

One or more authorities to which this section applies may—

(a)

prepare a proposal for the establishment of a combined authority for an area, and

(b)

submit the proposal to the Secretary of State.

(2)

This section applies to the following authorities—

(a)

a county council the whole or any part of whose area is within the proposed area;

(b)

a district council whose area is within the proposed area;

(c)

an EPB the whole or any part of whose area is within the proposed area;

(d)

an ITA the whole or any part of whose area is within the proposed area;

(e)

a combined county authority the whole or any part of whose area is within the proposed area.

(3)

In this section—

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“the proposed area” means the area for which the combined authority is proposed to be established.

(4)

Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—

(a)

carry out a public consultation across the proposed area on the proposal, and

(b)

have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.

(5)

The requirements in subsection (4) may be satisfied by things done before the coming into force of this section.

(6)

If a proposal under this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State.

(7)

A proposal under this section must specify the purposes to be achieved by the establishment of the combined authority.

(8)

The Secretary of State may by regulations—

(a)

make further provision about the matters which must be addressed by a proposal under this section;

(b)

make provision about material which must be included in or submitted with a proposal under this section.

(9)

Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision.”

“(a)

the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,

(aa)

the Secretary of State considers that to do so is appropriate having regard to the need—

(i)

to secure effective and convenient local government, and

(ii)

to reflect the identities and interests of local communities,

(ab)

where a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,”.

“(1A)

If a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State must have regard to the proposal in making the order.”

“(a)

a proposal has been prepared under section 109A,

(b)

a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and”.

“112AProposal for changes to existing combined arrangements

(1)

One or more authorities to which this section applies may—

(a)

prepare a proposal for the making of an order under section 104, 105, 105A, 106, 107, 107A, 107D or 107F in relation to an existing combined authority, and

(b)

submit the proposal to the Secretary of State.

(2)

This section applies to the following authorities—

(a)

the combined authority;

(b)

a county council the whole or any part of whose area is within the area of the combined authority;

(c)

a district council whose area is within the area of the combined authority;

(d)

in the case of a proposal for the making of an order under section 106 to add all or part of the area of a county council to the area of the combined authority, that county council;

(e)

in the case of a proposal for the making of an order under section 106 to add the area of a district council to the area of the combined authority, that district council.

(3)

Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—

(a)

carry out a public consultation across—

(i)

the area of the combined authority, and

(ii)

in the case of a proposal for the making of an order under section 106 to add a local government area to the area of the combined authority, that local government area, and

(b)

have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.

(4)

The requirements in subsection (3) may be satisfied by things done before the coming into force of this section.

(5)

Before a proposal under this section for the making of an order is submitted to the Secretary of State, each person who would have to consent to the making of the order must consent to the submission of the proposal.

(6)

If a proposal under this section is submitted to the Secretary of State by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5).

(7)

In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 105A, subsections (3) and (4) of section 105B (limited consent requirements) are to be disregarded.

(8)

In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 107A, section 107B(3)(b) (limited consent requirements) is to be disregarded.

(9)

A proposal under this section must specify the purposes to be achieved by the order which it proposes should be made.

(10)

The Secretary of State may by regulations—

(a)

make further provision about the matters which must be addressed by a proposal under this section;

(b)

make provision about material which must be included in or submitted with a proposal under this section.

(11)

Regulations under subsection (10) may make incidental, supplementary, consequential, transitional, transitory or saving provision.”

“(a)

the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,

(aa)

the Secretary of State considers that to do so is appropriate having regard to the need—

(i)

to secure effective and convenient local government, and

(ii)

to reflect the identities and interests of local communities,

(ab)

where a proposal for the making of the order has been submitted under section 112A, the Secretary of State considers that making the order will achieve the purposes specified under subsection (9) of that section, and”.

“(1A)

If a proposal for the making of the order has been submitted under section 112A, the Secretary of State must have regard to the proposal in making the order.”

“(a)

a proposal has been prepared under section 112A,

(b)

a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and”.

“(3A)

A statutory instrument that contains (whether alone or with any other provisions) regulations under section 104C(1), 104C(4), or 107K(1) may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(3B)

A statutory instrument that—

(a)

contains regulations under section 109A(8) or 112A(10), and

(b)

is not by virtue of subsection (3A) subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment by resolution of either House of Parliament.”

“5A

The Secretary of State may by order make provision about the payment of allowances to members of a police and crime panel established by virtue of an order under paragraph 4 who are members of a constituent council (within the meaning of paragraph 3 of Schedule 5A).”

“(6)

See sections 9NC and 9ND (transfer of functions: changes in governance arrangements) for further provision about when a resolution under this section may be passed.”

“(7)

See section 9ND (transfer of functions: changes in governance arrangements) for further provision about referendums under section 9MC.”

“Transfer of functions: changes in governance arrangements

9NCTransfer of functions: changes in governance arrangements not subject to a referendum

(1)

This section applies where—

(a)

the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,

(b)

the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and

(c)

that change is not—

(i)

subject to approval in a referendum under section 9M, or

(ii)

required to be implemented by the local authority in accordance with section 9MF(4) (referendums under sections 9MC to 9ME).

(2)

The local authority may not pass the resolution unless the local authority complies with this section.

(3)

The local authority must notify the Secretary of State of the proposed change in governance arrangements.

(4)

Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).

(5)

The Secretary of State must notify the local authority of the decision under subsection (4).

(6)

If the Secretary of State considers that the regulations should be amended or revoked, the local authority may not pass the resolution until the regulations have been so amended or revoked.

(7)

If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may pass the resolution.

(8)

In this section—

“function” has the same meaning as in section 16 of the Cities and Local Government Devolution Act 2016;

“relevant change in governance arrangements” means—

(a)

a change under section 9K for the local authority to cease to operate executive arrangements, or

(b)

a change under section 9KA for the local authority to vary its executive arrangements so that they provide for a leader and cabinet executive.

(9)

This section is subject to section 9KC(3) and (4) (timing of change in governance arrangements).

9NDTransfer of functions: changes in governance arrangements subject to a referendum

(1)

This section applies where—

(a)

the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,

(b)

the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and

(c)

that change is subject to approval in a referendum under section 9M.

(2)

This section also applies where—

(a)

the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 that provide for a function to be exercisable by a local authority, and

(b)

the local authority is required by regulations under section 9MC (referendum following petition) to hold a referendum on whether the authority should make a relevant change in governance arrangements.

(3)

The local authority may not—

(a)

hold the referendum mentioned in subsection (1)(c) or (2)(b), or

(b)

pass a resolution which makes the proposed change in governance arrangements,

unless the local authority complies with this section.

(4)

The local authority must notify the Secretary of State of the proposed change in governance arrangements.

(5)

Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) or (2)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).

(6)

The Secretary of State must notify the local authority of the decision under subsection (5).

(7)

If the Secretary of State considers that the regulations should be amended or revoked—

(a)

the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b), but

(b)

if the result of the referendum is to approve the proposals, the local authority may not pass a resolution which makes the proposed change in governance arrangements until the regulations have been so amended or revoked.

(8)

If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b) and (if the result of the referendum is to approve the proposals) pass the resolution.

(9)

In this section “function” and “relevant change in governance arrangements” have the same meaning as in section 9NC.

(10)

This section is subject to sections 9KC(3) and (4), 9MB and 9MF (timing of change in governance arrangements etc).”

“9HFAlternative mayoral titles

(1)

A local authority within subsection (8) may, by a resolution in accordance with subsection (2), change the title by which the elected mayor of the authority is to be known to one of the following alternative titles—

(a)

county commissioner;

(b)

county governor;

(c)

elected leader;

(d)

governor;

(e)

a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.

(2)

The following requirements must be met in relation to the resolution—

(a)

the resolution must be considered at a relevant meeting of the authority,

(b)

particulars of the resolution must be included in the notice of the meeting,

(c)

where the resolution includes a proposed alternative title mentioned in subsection (1)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (1), and

(d)

the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

(3)

In subsection (2)(a) “relevant meeting” means—

(a)

in the case of a local authority within subsection (8)(a), the first meeting of the authority held after a qualifying election for the return of the elected mayor,

(b)

in the case of a local authority within subsection (8)(b), the meeting of the authority at which the resolution under section 9KC (resolution of local authority) is passed, and

(c)

in the case of a local authority within subsection (8)(c), the first meeting of the authority held after the referendum mentioned in section 9N is held.

(4)

Subsections (5) and (6) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.

(5)

The authority must—

(a)

send notice of the change to the Secretary of State,

(b)

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

(c)

publish the notice in such other manner as the Secretary of State may direct.

(6)

Where this subsection applies—

(a)

a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and

(b)

references to mayor, mayoral and deputy mayor are to be construed accordingly.

(7)

A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

(8)

A local authority is within this subsection if—

(a)

it operates a mayor and cabinet executive,

(b)

it passes a resolution in accordance with section 9KC (resolution of local authority) to make a change in governance arrangements which provides for the authority to operate a mayor and cabinet executive, or

(c)

it holds a referendum by virtue of an order under section 9N (referendum on change to mayor and cabinet executive) and the proposal for the authority to operate a mayor and cabinet executive is approved in that referendum.

(9)

The Secretary of State may by regulations amend subsection (1) to add, modify or remove a reference to an alternative title or a description of an alternative title.

(10)

In this section—

“enactment”—

(a)

includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but

(b)

does not include this section or section 9HG;

“qualifying election” means an election for the return of the elected mayor, other than—

(a)

the first election for the return of the elected mayor, and

(b)

an election caused by a vacancy in the office of the elected mayor occurring before expiry of the elected mayor’s term of office.

(11)

This section is subject to section 9HG.

9HGAlternative mayoral titles: further changes

(1)

This section applies where a local authority has—

(a)

by a resolution under section 9HF or by a previous resolution under this section, changed the title by which the elected mayor of the authority is to be known to an alternative title, or

(b)

by a previous resolution under this section, provided that the elected mayor of the authority is no longer to be known by an alternative title.

(2)

The authority may, by a resolution in accordance with subsection (4)—

(a)

in a subsection (1)(a) case—

(i)

provide that the elected mayor is no longer to be known by the alternative title, or

(ii)

change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3);

(b)

in a subsection (1)(b) case, change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3).

(3)

The alternative titles are—

(a)

county commissioner;

(b)

county governor;

(c)

elected leader;

(d)

governor;

(e)

a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.

(4)

The following requirements must be met in relation to the resolution mentioned in subsection (2)—

(a)

the resolution must be considered at a relevant meeting of the authority,

(b)

particulars of the resolution must be included in the notice of the meeting,

(c)

where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and

(d)

the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

(5)

In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the elected mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.

(6)

Where under this section a local authority provides that the elected mayor of the authority is no longer to be known by an alternative title, the authority must—

(a)

send notice of the change to the Secretary of State,

(b)

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

(c)

publish the notice in such other manner as the Secretary of State may direct.

(7)

Subsections (8) and (9) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.

(8)

The authority must—

(a)

send notice of the change to the Secretary of State,

(b)

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

(c)

publish the notice in such other manner as the Secretary of State may direct.

(9)

Where this subsection applies—

(a)

a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and

(b)

references to mayor, mayoral and deputy mayor are to be construed accordingly.

(10)

A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

(11)

The Secretary of State may by regulations amend subsection (3) to add, modify or remove a reference to an alternative title or a description of an alternative title.

(12)

In this section “enactment” and “qualifying election” have the same meaning as in section 9HF.”

“Risk management: England

12ARisk-mitigation directions

(1)

The Secretary of State may give one or more risk-mitigation directions to a local authority in England, for the purpose of reducing or mitigating the financial risk to the authority, if—

(a)

a trigger event has occurred in relation to the local authority, and

(b)

the Secretary of State is satisfied that the direction is, or (as the case may be) directions are, appropriate and proportionate to the level of that financial risk.

(2)

A “trigger event” occurs if (and when)—

(a)

a risk threshold is breached by the local authority (see section 12B);

(b)

a report is made by the chief finance officer of the local authority under section 114(3) of the Local Government Finance Act 1988 (report to effect that authority’s expenditure is likely to exceed available resources); or

(c)

the Secretary of State—

(i)

gives a direction under section 16(2)(b) (request for expenditure to be, or not be, treated as capital) in respect of the local authority, or

(ii)

makes a grant to the local authority under an enactment,

for the purpose of preventing circumstances arising that would require such a report to be made.

(3)

The following are “risk-mitigation directions”—

(a)

a direction that sets limits in relation to the borrowing of money by the local authority;

(b)

a direction that requires the local authority to take action specified in the direction.

(4)

A direction under subsection (3)(a)—

(a)

may set different limits in relation to different kinds of borrowing;

(b)

must specify the period for which any limit has effect.

(5)

A direction under subsection (3)(b)—

(a)

may (amongst other things) require the local authority to take action to divest itself of a specified asset;

(b)

must specify the time by which any specified action must be taken.

(6)

In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State must have regard to—

(a)

the likely impact of the direction on the provision of services to the public by or on behalf of the local authority;

(b)

the duty imposed on the local authority by section 3(1) of the Local Government Act 1999 (best value duty).

(7)

In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State may, in particular, take account of the likely impact of that decision on the implementation of any central government policy, project or programme.

(8)

The Secretary of State may not give a risk-mitigation direction unless the Secretary of State—

(a)

has given the local authority notice of the proposed direction, and of the right of the local authority to make written representations to the Secretary of State about it within the period specified in the notice, and

(b)

has considered any representations made by the local authority to the Secretary of State within that period.

(9)

In this section, “financial risk”, in relation to a local authority, means the risk that the expenditure of the local authority (including expenditure it proposes to incur) in the current or any future financial year is likely to exceed, or further exceed, the resources (including sums borrowed) available to it to meet that expenditure.

(10)

This section is subject to section 12C (restriction of power to give risk-mitigation directions).

12BRisk thresholds

(1)

For the purposes of section 12A(2)(a), a risk threshold is breached by a local authority in England if (and when) a capital risk metric for the local authority breaches the specified threshold for that metric.

(2)

Each of the following is a “capital risk metric”—

(a)

the total of a local authority’s debt (including credit arrangements) as compared to the financial resources at the disposal of the authority;

(b)

the proportion of the total of a local authority’s capital assets which is investments made, or held, wholly or mainly in order to generate financial return;

(c)

the proportion of the total of a local authority’s debt (including credit arrangements) in relation to which the counter-party is not central government or a local authority;

(d)

the amount of minimum revenue provision charged by a local authority to a revenue account for a financial year;

(e)

any other metric specified by regulations made by the Secretary of State.

(3)

The Secretary of State may, by regulations, make further provision—

(a)

specifying whether the specified threshold for a particular metric is breached by a failure to reach that threshold or by that threshold being exceeded;

(b)

about how the metrics specified in, or under, subsection (2) are to be calculated for the purpose of determining whether the specified threshold for that metric has been breached.

(4)

Before making regulations under subsection (2)(e), the Secretary of State must consult all local authorities in England.

(5)

In this section—

“capital asset” has the meaning given by section 9;

“minimum revenue provision” has the meaning given by regulation 27 of the Local Authorities (Capital Finance and Accounting)(England) Regulations 2003 (S.I. 2003/3146);

“specified” means specified, or determined in a manner specified, in regulations made by the Secretary of State.

(6)

Regulations may require a specified threshold to be determined having regard to guidance issued under section 21(1A) (accounting practices).

12CRestriction of power to give risk-mitigation directions

(1)

If, after the power to give risk-mitigation directions becomes exercisable under section 12A(1) in relation to a local authority—

(a)

at least 12 months have elapsed since the Secretary of State last became aware of a trigger event having occurred in relation to the authority,

(b)

any risk-mitigation direction given to the authority has been complied with or revoked, and

(c)

the Secretary of State is satisfied no further risk-mitigation direction is likely to be required in the foreseeable future for the purpose of reducing or mitigating the financial risk to the authority,

the Secretary of State must give the local authority a notice to that effect (“a cessation notice”).

(2)

Where a cessation notice is given, the power conferred by section 12A(1) is no longer exercisable, in relation to that authority, by reason of any trigger event of which the Secretary of State was aware at the time that notice was given.

(3)

In this section “risk-mitigation direction”, “trigger event” and “financial risk” have the same meaning as in section 12A.

12DDuty to cooperate with independent expert

(1)

This section applies where—

(a)

a trigger event has occurred in relation to a local authority in England,

(b)

section 12C(2) does not apply to prevent the power conferred by section 12A(1) being exercisable, in relation to that authority, by reason of that event, and

(c)

the Secretary of State has appointed an independent expert to review the level of the financial risk to the local authority.

(2)

The local authority must, so far as reasonably practicable, co-operate with the independent expert in any way that the independent expert considers necessary or expedient for the purposes of the conduct of the review.

(3)

In this section—

“financial risk” has the same meaning as in section 12A;

“independent expert” means a person—

(a)

who is independent of the local authority and the Secretary of State, and

(b)

who has relevant experience or knowledge which is relevant to the matter in question;

“trigger event” has the same meaning as in section 12A.”

“This is subject to a direction under section 12A (risk-mitigation directions).”

“11CHigher amount for dwellings occupied periodically: England

(1)

For any financial year, a billing authority in England may by determination provide in relation to its area, or such part of its area as it may specify in the determination, that if on any day the conditions mentioned in subsection (2) are satisfied in respect of a dwelling—

(a)

the discount under section 11(2)(a) does not apply, and

(b)

the amount of council tax payable in respect of that dwelling and that day is increased by such percentage of not more than 100 as it may specify in the determination.

(2)

The conditions are—

(a)

there is no resident of the dwelling, and

(b)

the dwelling is substantially furnished.

(3)

A billing authority’s first determination under this section must be made at least one year before the beginning of the financial year to which it relates.

(4)

In exercising its functions under this section a billing authority must have regard to any guidance issued by the Secretary of State.

(5)

Where a determination under this section has effect in relation to a class of dwellings—

(a)

the billing authority may not make a determination under section 11A(3), (4) or (4A) in relation to that class, and

(b)

any determination that has been made under section 11A(3), (4) or (4A) ceases to have effect in relation to that class.

(6)

A billing authority may make a determination varying or revoking a determination under this section for a financial year, but only before the beginning of the year.

(7)

Where a billing authority makes a determination under this section it must publish a notice of the determination in at least one newspaper circulating in the area.

(8)

The notice must be published before the end of the period of 21 days beginning with the date of the determination.

(9)

The validity of the determination is not affected by a failure to comply with subsection (7) or (8).

11DSection 11C: regulations

(1)

The Secretary of State may by regulations prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under section 11C.

(2)

A class of dwellings may be prescribed under subsection (1) by reference to such factors as the Secretary of State thinks fit and may, amongst other factors, be prescribed by reference to—

(a)

the physical characteristics of, or other matters relating to, dwellings;

(b)

the circumstances of, or other matters relating to, any person who is liable to the amount of council tax concerned.

(3)

The Secretary of State may by regulations specify a different percentage limit for the limit which is for the time being specified in section 11C(1)(b).

(4)

A statutory instrument containing regulations made under subsection (3) may not be made unless a draft of the instrument has been approved by resolution of the House of Commons.”