Legislation – Levelling-up and Regeneration Act 2023

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Part 2Local democracy and devolution

Chapter 1Combined county authorities

Mayors for CCA areas

30Functions of mayors: general

(1)

The Secretary of State may by regulations make provision for any function of a mayoral CCA to be a function exercisable only by the mayor.

(2)

In this Chapter references to “general functions”, in relation to a mayor for the area of a CCA, are to any functions exercisable by the mayor other than PCC functions (see section 33(3)).

(3)

The mayor may arrange—

(a)

for the deputy mayor to exercise any general function of the mayor,

(b)

for another member or officer of the CCA to exercise any such function,

(c)

so far as authorised by regulations made by the Secretary of State—

(i)

for a person appointed as the deputy mayor for policing and crime by virtue of regulations under paragraph 3(1) of Schedule 3, or

(ii)

for a committee of the CCA, consisting of members appointed by the mayor (whether or not members of the CCA),

to exercise any such function.

(4)

The reference in subsection (3)(b) to a member of a CCA does not include a non-constituent or associate member.

(5)

Regulations under subsection (3)(c)(ii) may include provision—

(a)

about the membership of the committee;

(b)

about the member of the committee who is to be its chair;

(c)

about the appointment of members;

(d)

about the voting powers of members (including provision for different weight to be given to the vote of different descriptions of member);

(e)

about information held by the CCA that must, or must not, be disclosed to the committee for purposes connected to the exercise of the committee’s functions;

(f)

applying (with or without modifications) sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

(6)

Regulations under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.

(7)

Provision in regulations under subsection (1) for a function to be exercisable only by the mayor is subject to subsection (3); but the Secretary of State may by regulations provide that arrangements under subsection (3)—

(a)

may authorise the exercise of general functions only of a description specified in the regulations, or

(b)

may not authorise the exercise of general functions of a description so specified.

(8)

Any general function exercisable by the mayor for the area of a CCA by virtue of this Act is to be taken to be a function of the CCA exercisable—

(a)

by the mayor individually, or

(b)

in accordance with arrangements made by virtue of this section or section 32 or 34.

(9)

Regulations under this section may—

(a)

include provision for general functions to be exercisable by the mayor subject to conditions or limitations specified in the regulations (including, for example, a condition for general functions to be exercisable only with the consent of the appropriate authorities (as defined by section 28(4)));

(b)

provide for members or officers of a mayoral CCA to assist the mayor in the exercise of general functions;

(c)

confer ancillary powers on the mayor for the purposes of the exercise of general functions;

(d)

authorise the mayor to appoint one person as the mayor’s political adviser;

(e)

provide for the terms and conditions of any such appointment;

(f)

provide that functions that the mayoral CCA discharges in accordance with arrangements under section 101(1)(b) of the Local Government Act 1972 (discharge of local authority functions by another authority) are to be treated as general functions exercisable by the mayor (so far as authorised by the arrangements).

(10)

Provision under subsection (9)(c) may include provision conferring power on the mayor that is similar to any power exercisable by the mayoral CCA—

(a)

under section 49 (general power of CCA), or

(b)

under regulations made under section 52(1) (general power of competence),

but the power conferred on the mayor may not include a power to borrow money.

(11)

Except as provided for by section 24(7), regulations under this section may be made only with the consent of—

(a)

the appropriate authorities (as defined by section 28(4)), and

(b)

in the case of regulations made in relation to an existing mayoral CCA, the mayor of the CCA.

(12)

Where regulations under this section are contained in the same instrument as regulations made by virtue of section 28(2)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (11).

(13)

The requirement in subsection (11) does not apply where the regulations are made under section 19(1) and subsection (1) of this section in relation to an existing mayoral CCA and provide for a function—

(a)

to be a function of the CCA, and

(b)

to be a function exercisable only by the mayor.

See section 31 in relation to regulations of this kind.