Local Democracy, Economic Development and Construction Act 2009

Adjudicator's power to make corrections

Adjudication costs

Application of construction contracts legislation

Requirement for construction contracts to be in writing

Adjudicator's power to make corrections

Requirement to pay notified sum

Suspension of performance for non-payment

Repeals

General powers of EPBs and combined authorities

113A

• (1) An EPB or combined authority may do—

• (a) anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),

• (b) anything it considers appropriate for purposes incidental to its functional purposes,

• (c) anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,

• (d) anything it considers to be connected with—

• (i) any of its functions, or

• (ii) anything it may do under paragraph (a), (b) or (c), and

• (e) for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

• (2) Where subsection (1) confers power on an EPB or combined authority to do something, it confers power (subject to section 113B) to do it anywhere in the United Kingdom or elsewhere.

• (3) Power conferred on an EPB or combined authority by subsection (1) is in addition to, and is not limited by, its other powers.

• (4) This section does not apply in relation to a combined authority in respect of which an order under section 113D has effect.

113B

• (1) Section 113A(1) does not enable an EPB or combined authority to do—

• (a) anything which it is unable to do by virtue of a pre-commencement limitation, or

• (b) anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply—

• (i) to its power under section 113A(1),

• (ii) to all of its powers, or

• (iii) to all of its powers but with exceptions that do not include its power under section 113A(1).

• (2) If exercise of a pre-commencement power of an EPB or combined authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 113A(1) so far as that power is overlapped by the pre-commencement power.

• (3) Section 113A(1) does not authorise an EPB or combined authority to borrow money.

• (4) Section 113A(1)(a) to (d) do not authorise an EPB or combined authority to charge a person for anything done by it otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of EPBs, combined authorities and other best value authorities to charge for discretionary services)).

• (5) Section 113A(1)(e) does not authorise an EPB or combined authority to do things for a commercial purpose in relation to a person if a statutory provision requires it to do those things in relation to the person.

• (6) Where under section 113A(1)(e) an EPB or combined authority does things for a commercial purpose, it must do them through—

• (a) a company within the meaning given by section 1(1) of the Companies Act 2006, ...

• (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or

• (c) a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.

• (7) In this section—

• “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, oris contained in an instrument made under an Act and comes into force on or after the commencement of section 13(1) of that Act;

• “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, oris contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act;

• “pre-commencement power” means power conferred by a statutory provision that—is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, oris contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act;

• “statutory provision” means a provision of an Act or of an instrument made under an Act.

113C

• (1) The Secretary of State may by order make provision preventing EPBs or combined authorities from doing under section 113A(1) anything which is specified, or is of a description specified, in the order.

• (2) The Secretary of State may by order provide for the exercise by EPBs or combined authorities of power conferred by section 113A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

• (3) The power under subsection (1) or (2) may be exercised in relation to—

• (a) all EPBs,

• (b) all combined authorities,

• (c) particular EPBs,

• (d) particular combined authorities,

• (e) particular descriptions of EPBs, or

• (f) particular descriptions of combined authorities.

• (4) Before making an order under subsection (1) or (2) the Secretary of State must consult—

• (a) such representatives of EPBs or combined authorities,

• (b) such representatives of local government, and

• (c) such other persons (if any),

as the Secretary of State considers appropriate.

• (5) Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—

• (a) so as to extend the earlier order, or any provision of the earlier order, to a particular EPB or combined authority or to EPBs or combined authorities of a particular description, or

• (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular EPB or combined authority or to EPBs or combined authorities of a particular description.

• (6) Power to make an order under this section includes—

• (a) power to make different provision for different cases, circumstances or areas, and

• (b) power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

Requirement for construction contracts to be in writing

Adjudicator's power to make corrections

Repeals

Democratic arrangements of principal local authorities

Local freedoms

Power to amend law relating to local freedoms

Honorary titles

Politically restricted posts

Powers of National Assembly for Wales

Mutual insurance

Fees

Requests for review of single-member electoral areas

Transfer schemes

Duties of regional development agencies

Section 107EA orders: further provision

Requirement for construction contracts to be in writing

Preparation and publication of scheme: existing EPB

101A

• (1) Any one or more of the authorities to whom this section applies may, in relation to an existing EPB, apply to the Secretary of State in respect of one or more EPB matters.

• (2) This section applies to—

• (a) the EPB;

• (b) a county council whose area, or part of whose area, is within the area of the EPB;

• (c) a district council whose area is within the area of the EPB.

• (3) For the purposes of this section an “EPB matter” is a matter in relation to which an order may be made under any of sections 89, 91 and 92.

• (4) An application to the Secretary of State under subsection (1) must—

• (a) be made in writing;

• (b) specify how the exercise of the power to make an order under any one or more of sections 89, 91 and 92 would be likely to improve—

• (i) the exercise of statutory functions relating to economic development and regeneration in the area of the EPB, or

• (ii) economic conditions in the area of the EPB.

• (5) An application may be made under this section only if every authority to whom this section applies consents to the making of the application.

105A

• (1) The Secretary of State may by order—

• (a) make provision for a function of a public authority that is exercisable in relation to a combined authority's area to be a function of the combined authority;

• (b) make provision for conferring on a combined authority in relation to its area a function corresponding to a function that a public authority has in relation to another area.

• (2) An order under subsection (1) may include further provision about the exercise of the function including—

• (a) provision for the function to be exercisable by the public authority or combined authority subject to conditions or limitations specified in the order;

• (b) provision as to joint working arrangements between the combined authority and public authority in connection with the function (for example, provision for the function to be exercised by a joint committee).

• (3) The provision that may be included in an order under subsection (1)(a) includes, in particular, provision—

• (a) for the combined authority to have the function instead of the public authority,

• (b) for the function to be exercisable by the combined authority concurrently with the public authority,

• (c) for the function to be exercisable by the combined authority and the public authority jointly, or

• (d) for the function to be exercisable by the combined authority jointly with the public authority but also continue to be exercisable by the public authority alone.

• (4) An order under subsection (1)(a) may, in particular, include—

• (a) provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities) from the public authority to the combined authority (including provision corresponding to any provision made by section 17(4) to (7) of the Localism Act 2011);

• (b) provision to abolish the public authority in a case where, as a result of the order, it will no longer have any functions.

• (5) An order under this section may not provide for a regulatory function that is exercisable by a public authority in relation to the whole of England to be exercisable by a combined authority in relation to its area if the regulated function is itself exercisable by the combined authority by virtue of an order under this section.

• (6) Subsection (7) applies where an order under subsection (1) contains a reference to a document specified or described in the order (for example, in imposing a condition by virtue of subsection (2)(a) for an authority to have regard to, or to comply with, a statement of policy or standards set out in the document).

• (7) If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed—

• (a) as a reference to that document as amended from time to time, or

• (b) as including a reference to a subsequent document that replaces that document,

the order may make express provision to that effect.

• (8) See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.

• (9) In this section—

• “function” (except in subsection (4)(b)) does not include a power to make regulations or other instruments of a legislative character;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “public authority”—includes a Minister of the Crown or a government department;does not include a county council or district council;

• “regulated function” means the function of carrying out an activity to which a regulatory function relates;

• “regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006.

105B

• (1) The Secretary of State may make an order under section 105A only if—

• (a) a proposal for the making of the order in relation to the combined authority has been made to the Secretary of State —

• (i) as part of a proposal under section 109A, or

• (ii) in accordance with section 112A, or

• (b) the appropriate consent is given and the Secretary of State considers that the making of the order 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 or areas to which the order relates.

• (2) For the purposes of subsection (1)(b), the appropriate consent is given to the making of an order under section 105A only if—

• (a) in the case of an order in relation to an existing combined authority, each appropriate authority consents;

• (b) in any other case, each constituent council consents.

Paragraph (a) is subject to subsections (3) and (4).

• (3) Subsection (4) applies where—

• (a) an order under section 105A in relation to an existing combined authority is the first such order to be made in relation to that authority,

• (b) the authority is not a mayoral combined authority, and

• (c) there are one or more constituent councils who do not consent to the making of the order.

• (4) For the purposes of subsection (1)(b), the appropriate consent is given to the making of the order if the combined authority and at least two constituent councils consent to the making of the order.

• (5) Where an order under section 105A is made by virtue of subsection (4) of this section, the Secretary of State must make an order under section 106 to remove the area of each non-consenting constituent council from the existing area of 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.

• (6) The requirement in subsection (1)(b) for the appropriate consent to be given to the making of an order under section 105A does not apply where—

• (a) the order revokes (in whole or in part), or otherwise amends, a previous order under that section, and

• (b) the only purpose of the order is to provide for a health service function of a combined authority to cease to be exercisable by the authority.

• (7) In subsection (6)(b), “health service function of a combined authority” means a function which—

• (a) relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and

• (b) is exercisable by the combined authority by virtue of an order under section 105A.

• (8) The requirement in subsection (1)(b) for the appropriate consent to be given is subject to section 106A.

• (9) At the same time as laying a draft of a statutory instrument containing an order under this section before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the order and why the Secretary of State considers it appropriate to make the order.

• (10) The report must include—

• (a) a description of any consultation taken into account by the Secretary of State,

• (b) information about any representations considered by the Secretary of State in connection with the order, and

• (c) any other evidence or contextual information that the Secretary of State considers it appropriate to include.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) For the purposes of this section “the appropriate authorities” are—

• (a) each county council the whole or any part of whose area is within the area for which the combined authority is, or is to be, established,

• (b) each district council whose area is within the area for which the combined authority is, or is to be, established, and

• (c) in the case of an order in relation to an existing combined authority, the combined authority,

and a “constituent council” is a council within paragraph (a) or (b).

106A

• (1) Subsection (2) applies where—

• (a) the area of a district council is added to the area of a combined authority by an order under section 106(1)(a),

• (b) the area of the district council forms part of the area of a county council,

• (c) the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and

• (d) (apart from subsection (2)) the relevant power is exercisable only with the consent of (among other authorities) the county council mentioned in paragraph (b).

• (2) The relevant power is exercisable whether or not the county council consents.

• (3) Subsection (4) applies where—

• (a) the area of a county council is added to the area of a combined authority by an order under section 106(1)(a),

• (b) the area of the county council includes the areas of district councils,

• (c) the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and

• (d) (apart from subsection (4)) the relevant power is exercisable only with the consent of (among other authorities) a district council within paragraph (b).

• (4) The relevant power is exercisable whether or not the district council consents.

• (5) In this section, “relevant power” means a power—

• (a) to make an order under section 104, 105 or 105A, or

• (b) to make regulations under—

• (i) section 74 of the Local Government Finance Act 1988 (by virtue of subsection (8) of that section), or

• (ii) section 23(5) of the Local Government Act 2003.

Mayors for combined authority areas

Power to provide for election of mayor

107A

• (1) The Secretary of State may by order provide for there to be a mayor for the area of a combined authority.

• (2) A mayor for the area of a combined authority is to be elected by the local government electors for that area in accordance with provision made by or under this Part.

• (3) In subsection (2) “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972.

• (4) Schedule 5B makes further provision about the election of mayors for areas of combined authorities.

• (5) A mayor for the area of a combined authority is entitled to the style of “mayor”.

• (6) A mayor for the area of a combined authority is by virtue of that office a member of, and the chair of, the combined authority.

• (7) An order under this section providing for there to be a mayor for the area of a combined authority may not be revoked by making a further order under this section; but this does not prevent the making of an order under section 107 abolishing the authority (together with the office of mayor).

• (8) In this Part “mayoral combined authority” means a combined authority for an area for which provision is made in an order under this section for there to be a mayor.

107B

• (1) The Secretary of State may make an order under section 107A in relation to a combined authority's area if a proposal for there to be a mayor for the authority's area has been made to the Secretary of State —

• (a) as part of a proposal under section 109A, or

• (b) in accordance with section 112A,

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) An order under section 107A may also be made without any such proposal having been made if—

• (a) the appropriate authorities consent, or

• (b) in the case of an existing combined authority, there are one or more non-consenting constituent councils but the combined authority and at least two constituent councils consent.

• (4) Where an order under section 107A is made by virtue of subsection (3)(b) of this section, the Secretary of State must make an order under section 106 to remove the area of each non-consenting constituent council from the existing area of the combined authority.

• (5) For the purposes of this section “the appropriate authorities” are—

• (a) each county council the whole or any part of whose area is within the area for which the combined authority is, or is to be, established,

• (b) each district council whose area is within the area for which the combined authority is, or is to be, established, and

• (c) in the case of an order in relation to an existing combined authority, the combined authority,

and a “constituent council” is a council within paragraph (a) or (b).

107C

• (1) The mayor for the area of a combined authority must appoint one of the members of the authority to be the mayor's deputy.

• (2) The deputy mayor holds office until the end of the term of office of the mayor, subject to subsection (3).

• (3) A person ceases to be the deputy mayor if at any time—

• (a) the mayor removes the person from office;

• (b) the person resigns as deputy mayor;

• (c) the person ceases to be a member of the combined authority.

• (4) If a vacancy occurs in the office of deputy mayor, the mayor must appoint another member of the combined authority to be deputy mayor.

• (5) The deputy mayor must act in place of the mayor if for any reason—

• (a) the mayor is unable to act, or

• (b) the office of mayor is vacant.

• (6) If for any reason—

• (a) the mayor is unable to act or the office of mayor is vacant, and

• (b) the deputy mayor is unable to act or the office of deputy mayor is vacant,

the other members of the combined authority must act together in place of the mayor, taking decisions by a simple majority.

• (6A) References in this section to a member of a combined authority do not include a non-constituent or associate member.

• (7) In this Part “deputy mayor”, in relation to a mayoral combined authority, means the person appointed under this section by the mayor for the authority's area.

107D

• (1) The Secretary of State may by order make provision for any function of a mayoral combined authority to be a function exercisable only by the mayor.

• (2) In this Part references to “general functions”, in relation to a mayor for the area of a combined authority, are to any functions exercisable by the mayor other than PCC functions.

• (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 combined authority to exercise any such function, or

• (c) so far as authorised by an order made by the Secretary of State—

• (i) for a person appointed as the deputy mayor for policing and crime by virtue of an order under paragraph 3(1) of Schedule 5C, or

• (ii) for a committee of the combined authority, consisting of members appointed by the mayor (whether or not members of the authority),

to exercise any such function.

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

• (4) An order 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 combined authority 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).

• (4A) An order under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.

• (5) Provision in an order 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 order provide that arrangements under subsection (3)—

• (a) may authorise the exercise of general functions only of a description specified in the order, or

• (b) may not authorise the exercise of general functions of a description so specified.

• (6) Any general function exercisable by the mayor for the area of a combined authority by virtue of this Act is to be taken to be a function of the combined authority exercisable—

• (a) by the mayor individually, or

• (b) in accordance with arrangements made by virtue of this section or section 107E or 107EA.

• (7) An order under this section may—

• (a) include provision for general functions to be exercisable by the mayor subject to conditions or limitations specified in the order (including, for example, a condition for general functions to be exercisable only with the consent of the appropriate authorities (as defined by section 107B (5)));

• (b) provide for members or officers of a mayoral combined authority 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 combined authority 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).

• (8) Provision under subsection (7)(c) may include provision conferring power on the mayor that is similar to any power exercisable by the mayoral combined authority—

• (a) under section 113A, or

• (b) under an order made under section 113D,

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

• (9) Except as provided for by section 107ZA(7), an order under this section may be made only with the consent of—

• (a) the appropriate authorities (as defined by section 107B(5)), and

• (b) in the case of an order made in relation to an existing mayoral combined authority, the mayor of the authority.

• (10) Where an order under this section is contained in the same instrument as an order made by virtue of section 107B(3)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (9) above.

• (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.

Joint exercise of general functions

107E

• (1) The Secretary of State may by order make provision for, or in connection with, permitting arrangements under section 101(5) of the Local Government Act 1972 to be entered into in relation to general functions of a mayor for the area of a combined authority.

• (2) Provision under subsection (1) may include provision—

• (a) for the mayor for the area of a combined authority to be a party to the arrangements in place of, or jointly with, the authority;

• (b) about the membership of any joint committee;

• (c) about the member of the joint committee who is to be its chair;

• (d) about the appointment of members to a joint committee;

• (e) about the voting powers of members of a joint committee (including provision for different weight to be given to the vote of different descriptions of member).

• (3) Provision under subsection (2)(b) to (d) may include provision for the mayor or other persons—

• (a) to determine the number of members;

• (b) to have the power to appoint members (whether or not members of the combined authority or a local authority that is a party to the arrangements).

• (4) Provision under subsection (2)(d) may include provision as to the circumstances in which appointments to a joint committee need not be made in accordance with sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

• (5) In this section references to a joint committee are to a joint committee falling within section 101(5)(a) of the Local Government Act 1972 that is authorised to discharge, by virtue of an order under this section, general functions of a mayor for the area of a combined authority.

107F

• (1) The Secretary of State may by order provide for the mayor for the area of a combined authority to exercise functions of a police and crime commissioner in relation to that area.

• (2) The reference in subsection (1) to functions of a police and crime commissioner is to any functions conferred on police and crime commissioners by or under—

• (a) Part 1 of the Police Reform and Social Responsibility Act 2011, or

• (b) any other Act (whenever passed).

• (3) In this Part references to “PCC functions”, in relation to a mayor for the area of a combined authority, are to the functions of a police and crime commissioner that are exercisable by the mayor by virtue of subsection (1).

• (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.

• (5) If an order is made under subsection (1) in relation to a combined authority's area—

• (a) the Secretary of State must by order provide that there is to be no police and crime commissioner for that area as from a specified date;

• (b) the Secretary of State may by order provide that any election of a police and crime commissioner for that area that would otherwise take place (whether before or after the specified date) by virtue of section 50(1)(b) of the Police Reform and Social Responsibility Act 2011 is not to take place.

• (6) An order under subsection (5) may include provision—

• (a) for the term of office of a police and crime commissioner to continue until the date specified under subsection (5) (a) (in spite of section 50(7)(b) of the Police Reform and Social Responsibility Act 2011);

• (b) for an election to fill a vacancy in the office of a police and crime commissioner, which otherwise would take place under section 51 of that Act, not to take place if the vacancy occurs within a period of six months ending with the specified date.

• (7) Schedule 5C contains further provision in connection with orders under this section.

• (8) Any PCC function exercisable by the mayor for the area of a combined authority by virtue of this Act is to be taken to be a function of the combined authority exercisable—

• (a) by the mayor acting individually, or

• (b) by a person acting under arrangements with the mayor made in accordance with provision made under Schedule 5C.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

107G

• (1) The Secretary of State may by order make provision for the costs of a mayor for the area of a combined authority that are incurred in, or in connection with, the exercise of mayoral functions to be met from precepts issued by the authority under section 40 of the Local Government Finance Act 1992.

• (2) The function of issuing precepts under Chapter 4 of Part 1 of the Local Government Finance Act 1992 in respect of mayoral functions is to be a function exercisable only by the mayor acting on behalf of the combined authority.

• (3) The Secretary of State may by order modify the application of Chapter 4 or 4ZA of Part 1 of the Local Government Finance Act 1992 so far as applying to cases where the precepting authority in question under that Chapter is a mayoral combined authority.

• (4) Where the mayoral functions of a mayor include PCC functions—

• (a) the provision made by virtue of subsection (3) must include provision to ensure that the council tax requirement calculated under section 42A of the Local Government Finance Act 1992 consists of separate components in respect of the mayor's PCC functions and the mayor's general functions, and

• (b) the function of calculating the component in respect of the mayor's PCC functions is itself to be treated as a PCC function for the purposes of this Part.

• (5) The Secretary of State may by order make provision—

• (a) requiring the mayor to maintain a fund in relation to receipts arising, and liabilities incurred, in the exercise of general functions;

• (b) about the preparation of an annual budget in relation to the exercise of general functions.

(For power to make corresponding provision in relation to PCC functions, see paragraph 6 of Schedule 5C.)

• (6) Provision under subsection (5)(b) may in particular include provision for—

• (a) the mayor to prepare a draft budget;

• (b) the draft to be scrutinised by—

• (i) the other members of the combined authority, and

• (ii) a committee of the authority appointed in accordance with paragraph 1(1) of Schedule 5A;

• (c) the making of changes to the draft as a result of such scrutiny;

• (d) the approval of the draft by the combined authority (including a power to veto the draft in circumstances specified in the order and the consequences of any such veto);

• (e) the basis on which such approval is to be given.

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

• (7) In this section “mayoral functions”, in relation to a mayor, means—

• (a) the mayor's general functions, and

• (b) if the mayor exercises PCC functions, the mayor's PCC functions.

113D

• (1) The Secretary of State may by order provide for Chapter 1 of Part 1 of the Localism Act 2011 (which confers a general power of competence on local authorities) to have effect in relation to a combined authority specified in the order as it has effect in relation to a local authority.

• (2) An order under this section may be made only with the consent of the appropriate authorities (as defined by section 107B(5)).

• (3) Where an order under subsection (1) is contained in the same instrument as an order made by virtue of section 107B(3)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (2) above.

Repeals

SCHEDULE 5A

Functions of overview and scrutiny committee

1

• (1) A combined authority must arrange for the appointment by the authority of one or more committees of the authority (referred to in this Schedule as overview and scrutiny committees).

• (2) The arrangements must ensure that the combined authority's overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—

• (a) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the authority;

• (b) to make reports or recommendations to the authority with respect to the discharge of any functions that are the responsibility of the authority;

• (c) to make reports or recommendations to the authority on matters that affect the authority's area or the inhabitants of the area.

• (3) If the combined authority is a mayoral combined authority, the arrangements must also ensure that the combined authority's overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—

• (a) to review or scrutinise decisions made, or other action taken, in connection with the discharge by the mayor of any general functions;

• (b) to make reports or recommendations to the mayor with respect to the discharge of any general functions;

• (c) to make reports or recommendations to the mayor on matters that affect the authority's area or the inhabitants of the area.

• (4) The power of an overview and scrutiny committee under sub-paragraph (2)(a) and (3)(a) to review or scrutinise a decision made but not implemented includes—

• (a) power to direct that a decision is not to be implemented while it is under review or scrutiny by the overview and scrutiny committee, and

• (b) power to recommend that the decision be reconsidered.

• (5) An overview and scrutiny committee of a combined authority must publish details of how it proposes to exercise its powers in relation to the review and scrutiny of decisions made but not yet implemented and its arrangements in connection with the exercise of those powers.

• (6) Before complying with sub-paragraph (5) an overview and scrutiny committee must obtain the consent of the combined authority to the proposals and arrangements.

• (7) An overview and scrutiny committee of a combined authority may not discharge any functions other than the functions conferred by or under this Schedule.

• (8) Any reference in this Schedule to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.

Overview and scrutiny committees: supplementary provision

2

• (1) An overview and scrutiny committee of a combined authority—

• (a) may appoint one or more sub-committees, and

• (b) may arrange for the discharge of any of its functions by any such sub-committee.

• (2) A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).

• (3) An overview and scrutiny committee of a combined authority may not include a member of the authority (including, in the case of a mayoral combined authority, the mayor for the authority's area or deputy mayor).

• (4) An overview and scrutiny committee of a combined authority is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).

• (5) Subsections (2) to (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a combined authority as they apply to a committee appointed under that section.

• (6) An overview and scrutiny committee of a combined authority—

• (a) may require the members or officers of the authority to attend before it to answer questions (including, in the case of a mayoral combined authority, the mayor for the authority's area and deputy mayor), and

• (b) may invite other persons to attend meetings of the committee.

• (7) A person on whom a requirement is imposed under sub-paragraph (6)(a) is required to comply with the requirement.

• (8) A person is not obliged by sub-paragraph (6) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

• (9) In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a combined authority must have regard to any guidance for the time being issued by the Secretary of State.

• (10) Guidance under sub-paragraph (9) may make different provision for different cases or for different descriptions of committee.

• (11) In sub-paragraphs (3) to (9) references to an overview and scrutiny committee of a combined authority include references to any sub-committee of such a committee.

Power to make further provision about overview and scrutiny committees

3

• (1) The Secretary of State may by order make further provision about overview and scrutiny committees of a combined authority.

• (2) Provision under sub-paragraph (1) may in particular include provision—

• (a) about the membership of an overview and scrutiny committee and the voting rights of such members;

• (aa) about the payment of allowances to members of such a committee who are members of a constituent council;

• (b) about the person who is to be chair of such a committee;

• (c) for the appointment of a person to act as a scrutiny officer of an overview and scrutiny committee;

• (d) about how and by whom matters may be referred to an overview and scrutiny committee;

• (e) requiring persons (whether members of the authority or other persons) to respond to reports or recommendations made by an overview and scrutiny committee;

• (f) about the publication of reports, recommendations or responses;

• (g) about information which must, or must not, be disclosed to an overview and scrutiny committee (whether by members of the authority or by other persons);

• (h) as to the minimum or maximum period for which a direction under paragraph 1(4)(a) may have effect.

• (3) Provision must be made under sub-paragraph (2)(a) so as to ensure that the majority of members of an overview and scrutiny committee are members of the combined authority's constituent councils.

• (4) Provision must be made under sub-paragraph (2)(b) so as to ensure that the chair of an overview and scrutiny committee is—

• (a) an independent person (as defined by the order), or

• (b) an appropriate person who is a member of one of the combined authority's constituent councils.

• (5) For the purposes of sub-paragraph (4)(b) “appropriate person”—

• (a) in relation to a mayoral combined authority, means a person who is not a member of a registered political party of which the mayor is a member, and

• (b) in relation to any other combined authority, means a person who is not a member of the registered political party which has the most representatives among the members of the constituent councils (or, if there is no such party because two or more parties have the same number of representatives, is not a member of any of those parties).

• (6) In sub-paragraph (2)(c) the reference to a “scrutiny officer” of an overview and scrutiny committee is a reference to a person appointed with the function of—

• (a) promoting the role of the committee, and

• (b) providing support and guidance—

• (i) to the committee and its members, and

• (ii) to members of the combined authority (so far as relating to the functions of the committee).

• (7) Provision under sub-paragraph (2)(f) may include provision for descriptions of confidential or exempt information to be excluded from the publication of reports, recommendations or responses.

• (8) In this paragraph—

• “constituent council”, in relation to a combined authority, means—a county council the whole or any part of whose area is within the area of the combined authority, ora district council whose area is within the area of the combined authority;

• “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.

• (9) In this paragraph references to an overview and scrutiny committee include references to any sub-committee of such a committee.

Audit committees

4

• (1) A combined authority must arrange for the appointment by the authority of an audit committee.

• (2) The functions of the audit committee are to include—

• (a) reviewing and scrutinising the authority's financial affairs,

• (b) reviewing and assessing the authority's risk management, internal control and corporate governance arrangements,

• (c) reviewing and assessing the economy, efficiency and effectiveness with which resources have been used in discharging the authority's functions, and

• (d) making reports and recommendations to the combined authority in relation to reviews conducted under paragraphs (a), (b) and (c).

• (3) The Secretary of State may by order make provision about—

• (a) the membership of a combined authority's audit committee;

• (b) the appointment of the members;

• (c) the payment of allowances to members of the committee who are members of a constituent council (within the meaning of paragraph 3).

• (4) Provision must be made under sub-paragraph (3) so as to ensure that at least one member of an audit committee is an independent person (as defined by the order).

SCHEDULE 5B

Interpretation

1

In this Schedule references to a mayor are references to a mayor for the area of a combined authority.

Timing of elections

2

• (1) The term of office of a mayor is to be four years.

• (2) The first election for the return of a mayor is to take place on the first day of ordinary elections of councillors of a constituent council to take place after the end of the period of 6 months beginning with the day on which the order under section 107A comes into force.

• (3) Subsequent elections for the return of a mayor are to take place in every fourth year thereafter on the same day as the ordinary election of councillors of that constituent council.

• (4) But this paragraph has effect subject to any provision made under paragraph 3.

• (5) In this paragraph “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.

3

The Secretary of State ... may by order make provision—

• (a) as to the dates on which and years in which elections for the return of a mayor may or must take place,

• (b) as to the intervals between elections for the return of a mayor,

• (c) as to the term of office of a mayor, and

• (d) as to the filling of vacancies in the office of a mayor.

Voting at elections of mayors

4

• (1) Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote which may be given for a candidate to be the mayor.

• (2) The mayor is to be returned under the simple majority system....

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to vote

6

• (1) The persons entitled to vote as electors at an election for the return of a mayor for the area of a combined authority are those who on the day of the poll—

• (a) would be entitled to vote as electors at an election of councillors for an electoral area situated wholly or partly within the area of the authority, and

• (b) are registered in the register of local government electors at an address within the authority's area.

• (2) A person is not entitled as an elector to cast more than one vote at an election for the return of a mayor.

• (3) In this paragraph—

• “electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;

• “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972.

Election as mayor and councillor

7

• (1) If the person who is returned at an election as the mayor for the area of a combined authority is also returned at an election held at the same time as a councillor of a constituent council, a vacancy arises in the office of councillor.

• (2) If the person who is returned at an election (“the mayoral election”) as the mayor for the area of a combined authority—

• (a) is a councillor of a constituent council, and

• (b) was returned as such a councillor at an election held at an earlier time than the mayoral election,

a vacancy arises in the office of councillor.

• (3) Subject to sub-paragraph (4), a person who is elected as the mayor for the area of a combined authority may not be a candidate in an election for the return of a councillor or councillors of a constituent council.

• (4) A person who is the mayor for the area of a combined authority may be a candidate in an election for the return of a councillor or councillors of a constituent council if the election is held at the same time as an election for the return of the mayor, but sub-paragraph (1) applies if the person is a candidate in both such elections and is returned as the mayor and as a councillor.

• (5) In this paragraph, “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.

Qualification and disqualification

8

• (1) In order to be qualified to be elected and to hold office as the mayor for the area of a combined authority, a person must, on the relevant day, be—

• (a) at least 18 years old, and

• (b) a qualifying citizen.

• (2) The person must also—

• (a) on and after the relevant day, be entitled (under paragraph 6) to vote in the election for the return of the mayor for that area, or

• (b) for the twelve months before the relevant day—

• (i) have occupied, as owner or tenant, land or other premises within an electoral area situated wholly or partly within the area of the authority,

• (ii) had his or her principal or only place of work in that electoral area, or

• (iii) resided in that electoral area.

• (3) In this paragraph—

• “electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;

• “qualifying citizen” means a person who is—a qualifying Commonwealth citizen (within the meaning given by section 79 of the Local Government Act 1972),a citizen of the Republic of Ireland,a qualifying EU citizen (within the meaning given by section 203A of the Representation of the People Act 1983), oran EU citizen with retained rights (within the meaning given by section 203B of that Act).

• “relevant day” means—if the election is preceded by the nomination of candidates, the day on which the person is nominated, andif the election is not preceded by the nomination of candidates, the day of the election.

9

• (1) A person is disqualified for being elected or holding office as the mayor for the area of a combined authority if the person—

• (a) holds any paid office or employment (other than the office of mayor or deputy mayor) appointments or elections to which are or may be made by or on behalf of the combined authority or any of the constituent councils;

• (b) is the subject of—

• (i) a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986, or

• (ii) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

• (c) has in the five years before being elected, or at any time since being elected, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and been sentenced to a period of imprisonment of three months or more without the option of a fine;

• (d) is disqualified for being elected or for being a member of a constituent council under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices).

• (e) is incapable of being elected to or holding—

• (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

• (ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).

• (2) For the purposes of sub-paragraph (1)(c), a person is to be treated as having been convicted on—

• (a) the expiry of the ordinary period allowed for making an appeal or application with respect to the conviction, or

• (b) if an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

• (3) In this paragraph, “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.

10

Paragraph 9 of Schedule 5C contains further provision about disqualification in the case of mayors who exercise PCC functions.

11

The acts of a person elected as a mayor for the area of a combined authority who acts in that office are, despite any disqualification or lack of qualification—

• (a) in respect of being, or being elected as, a mayor, or

• (b) in respect of being, or being elected as, the mayor for that area,

as valid and effectual as if the person had not been so disqualified or as if the person had been qualified.

Power to make further provision

12

• (1) The Secretary of State ... may by order make provision as to—

• (a) the conduct of elections for the return of mayors, and

• (b) the questioning of elections for the return of mayors and the consequences of irregularities.

• (2) An order under sub-paragraph (1)(a) may, in particular, include provision—

• (a) about the registration of electors,

• (b) for disregarding alterations in a register of electors,

• (c) about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), and

• (d) for the combination of polls at elections for the return of mayors and other elections.

• (3) An order under this paragraph may—

• (a) apply or incorporate (with or without modifications) any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,

• (b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of mayors, and

• (c) so far as may be necessary in consequence of any provision made by or under this Part or any order under this paragraph, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.

• (4) Before making an order under this paragraph, the Secretary of State ... must consult the Electoral Commission.

• (5) In addition, the power of the Secretary of State ... to make an order under this paragraph so far as relating to matters mentioned in sub-paragraph (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State or the Minister for the Cabinet Office considers that it is expedient to exercise that power in consequence of changes in the value of money.

• (6) No return of a mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in an order under this paragraph.

SCHEDULE 5C

Introductory

1

• (1) This Schedule applies where an order is made under section 107F(1) providing for a mayor to exercise functions of a police and crime commissioner.

• (2) A duty under this Schedule to make provision by order is a duty to make such provision in an order made at any time before the first election of a mayor who, by virtue of an order under section 107F(1), is to exercise functions of a police and crime commissioner.

• (3) In this Schedule references to “the mayor” and the “combined authority area” are references to a mayor or area in relation to which an order is made under section 107F(1).

• (4) In this Schedule “the 2011 Act” means the Police Reform and Social Responsibility Act 2011.

PCC functions exercisable by the mayor

2

• (1) The Secretary of State may by order provide that the mayor may exercise in the combined authority area—

• (a) all PCC functions,

• (b) all PCC functions other than those specified or described in the order, or

• (c) only those PCC functions specified or described in the order.

• (2) But an order under sub-paragraph (1)(b) or (c) must secure that the following PCC functions are exercisable by the mayor in relation to the combined authority area—

• (a) the functions mentioned in subsections (6) to (8) of section 1 of the 2011 Act (securing maintenance of efficient and effective police force and holding the relevant chief constable to account);

• (b) the functions under sections 5, 7 and 8 of that Act (issuing etc a police and crime plan);

• (c) the functions under section 38 of that Act (appointing, suspending or removing a chief constable).

Delegation of functions

3

• (1) The Secretary of State must by order make provision authorising the mayor—

• (a) to appoint a deputy mayor in respect of PCC functions (“deputy mayor for policing and crime”), and

• (b) to arrange for the deputy mayor for policing and crime to exercise any PCC functions of the mayor.

• (2) An order under this paragraph must include provision authorising the mayor to arrange for any other person to exercise any PCC functions of the mayor.

• (3) An order under this paragraph must include provision preventing the mayor from appointing as deputy mayor for policing and crime—

• (a) the person who is appointed as deputy mayor under section 107C;

• (b) a person listed in subsection (6) of section 18 of the 2011 Act;

• (c) any other person of a description specified in the order.

• (4) An order under this paragraph must include provision preventing the mayor from arranging for the deputy mayor for policing and crime to exercise—

• (a) a PCC function of the mayor of a kind listed in subsection (7)(a), (e) or (f) of section 18 of the 2011 Act, or

• (b) any other PCC function specified or described in the order.

• (5) An order under this paragraph must include provision preventing the mayor from arranging, by virtue of provision under sub-paragraph (2), for a person to exercise—

• (a) any function if the person is listed in subsection (6) of section 18 of the 2011 Act;

• (b) a function listed in subsection (7) of that section;

• (c) any other PCC function specified or described in the order.

• (6) An order under this paragraph must include provision authorising the deputy mayor for policing and crime to arrange for any other person to exercise any PCC function of the mayor which is exercisable by the deputy mayor for policing and crime in accordance with provision made under this paragraph.

• (7) An order under this paragraph must include provision preventing the deputy mayor for policing and crime from arranging for a person to exercise a function if—

• (a) the person is listed in subsection (6) of section 18 of the 2011 Act, or

• (b) the function is a PCC function of the mayor—

• (i) of a kind listed in subsection (7)(b), (c) or (d) of that section, or

• (ii) of any other kind specified or described in the order.

Police and crime panels

4

The Secretary of State must by order provide for a panel to be established in relation to the combined authority area with functions, in relation to the exercise by the mayor of PCC functions, corresponding to those of a police and crime panel under sections 28 and 29 of the 2011 Act.

5

• (1) The Secretary of State may by order provide for a police and crime panel to have oversight functions in relation to any general functions of the mayor that are the subject of arrangements under section 107D(3)(c)(i) (power to arrange for general functions to be exercisable by deputy mayor for policing and crime).

• (2) If it appears to the Secretary of State expedient for the police and crime panel also to have oversight functions in relation to other general functions of the mayor that are related to general functions in respect of which an order is made under sub-paragraph (1), the Secretary of State may by order provide for the panel to have oversight functions in relation to those other general functions.

• (3) An order under this paragraph may disapply, or otherwise modify, the application of paragraph 1(3) of Schedule 5A so far as relating to general functions of the mayor in respect of which a police and crime panel has oversight functions.

• (4) In this paragraph—

• “oversight functions”, in relation to general functions of the mayor, are functions that are of a corresponding or similar kind to those that a police and crime panel has in relation to PCC functions of the mayor;

• “police and crime panel” means a panel established by virtue of an order under paragraph 4.

Financial matters

6

The Secretary of State must by order make provision—

• (a) requiring the mayor to maintain a fund in relation to receipts arising, and liabilities incurred, in the exercise of PCC functions;

• (b) about the preparation of an annual budget in relation to the exercise of such functions.

Suspension

7

The Secretary of State must by order provide for the panel mentioned in paragraph 4 to have power to suspend the mayor, so far as acting in the exercise of PCC functions, in circumstances corresponding to those mentioned in section 30(1) of the 2011 Act in relation to a police and crime commissioner.

Conduct

8

The Secretary of State must by order make provision about the matters mentioned in paragraphs (a) to (c) of section 31(1) of the 2011 Act (taking references in those paragraphs to “relevant office holders” as references to the mayor and the deputy mayor for policing and crime).

Disqualification

9

• (1) The Secretary of State must by order provide for sections 64 to 68 of the 2011 Act to apply in relation to a person being, or being elected as, the mayor as they apply in relation to a person being, or being elected as, a police and crime commissioner.

• (2) Provision under sub-paragraph (1) is in addition to paragraphs 8 , 9 and 9A of Schedule 5B.

Policing protocol

10

The Secretary of State must by order require the mayor to have regard, in the exercise of PCC functions, to the policing protocol issued under section 79 of the 2011 Act.

Application of certain enactments

11

• (1) The Secretary of State must by order provide for the following provisions of the Police Act 1996 to apply to the mayor, in the exercise of PCC functions, as though the mayor were a police and crime commissioner—

• (a) sections 24(4) and 98(6) (aid of one police force by another);

• (b) sections 22A to 23H (collaboration agreements);

• (c) sections 40 to 40B (powers to give directions);

• (d) sections 54 and 55 (appointment and functions of Her Majesty's Inspectors of Constabulary);

• (e) section 96A(2) (national and international functions).

• (2) The Secretary of State must by order provide for provision similar to section 41 of the Police Act 1996 (directions as to minimum budget) to have effect for the purpose of enabling directions to be given to the mayor acting on behalf of the mayoral combined authority in relation to the calculation of the component of the council tax requirement relating to the mayor's PCC functions (see section 107G(4)(a) above).

Supplementary

12

• (1) Subject to the requirements of this Schedule, the Secretary of State may by order make any other provision the Secretary of State thinks appropriate for the purposes of giving full effect to an order under section 107F.

• (2) Sub-paragraphs (3) and (4) apply in relation to an order under—

• (a) this paragraph,

• (b) another paragraph of this Schedule, or

• (c) section 107F.

• (3) The order may include provision—

• (a) that is similar to any police and crime commissioner enactment, or

• (b) for a purpose corresponding to a purpose for which any such enactment is made.

• (4) The order may provide for the mayor to be treated as a police and crime commissioner for the purposes of any police and crime commissioner enactment.

• (5) “Police and crime commissioner enactment” means—

• (a) any enactment that is contained in, or is made under, Part 1 of the 2011 Act, and

• (b) any other enactment that has effect in relation to police and crime commissioners.

• (6) In sub-paragraph (5) “enactment” includes an enactment whenever passed or made.

• (7) Power to make an order under this paragraph is in addition to (and does not limit) the power to make an order under section 114.

• (8) Subsections (5) and (6) of section 107C, so far as relating to the exercise of PCC functions, are subject to any provision contained in an order under this Schedule.

• (9) An order under this Schedule may relate to—

• (a) a particular mayor in respect of whom an order under section 107F(1) has effect, or

• (b) all mayors in respect of whom any such order has effect.

107EA

• (1) This section applies to a mayor for the area of a combined authority who—

• (a) by virtue of section 107D(1), may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and

• (b) by virtue of section 107F(1), may exercise functions of a police and crime commissioner.

• (2) The Secretary of State may by order make provision—

• (a) authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the combined authority to exercise fire and rescue functions exercisable by the mayor;

• (b) authorising that chief constable to arrange for a person within subsection (4) to exercise the chief constable's fire and rescue functions.

• (3) An order under subsection (2) may provide that arrangements made under the order—

• (a) may authorise the exercise of any functions mentioned in that subsection;

• (b) may authorise the exercise of any functions mentioned in that subsection other than those specified or described in the order;

• (c) may authorise the exercise of such of the functions mentioned in that subsection as are specified or described in the order.

• (4) The persons mentioned in subsection (2)(b) are—

• (a) members of the chief constable's police force;

• (b) the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;

• (c) members of staff transferred to the chief constable under a scheme made by virtue of section 107EC(1);

• (d) members of staff appointed by the chief constable under section 107EC(2).

• (5) Provision in an order under section 107D(1) for a function to be exercisable only by the mayor for the area of a combined authority is subject to provision made by virtue of subsection (2).

• (6) This section is subject to—

• (a) section 107EB (section 107EA orders: procedure), and

• (b) section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting).

• (7) In this section “fire and rescue functions”, in relation to a chief constable, means—

• (a) functions which are exercisable by the chief constable by virtue of provision made under subsection (2)(a), and

• (b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

107EB