Commentary on provisions of Act Combined Authorities and EPBs: areas and procedure Section 12: Removal of geographical restrictions in relation to combined authorities
Section 12 removes the current geographical restrictions in relation to the establishment of combined authorities by removing the requirements in the 2009 Act which prevent combined authority areas from being non-contiguous or doughnut shaped.
	Subsection (5) inserts new subsections (3A) and (3B) into section 110 of the 2009 Act. These require that when the Secretary of State is considering making orders to establish a combined authority in an area where part of the area of the combined authority is separated from the rest of the combined authority area or where a local government area which is not part of the combined authority area is surrounded by the combined authority area, he must additionally have regard to the likely impact of the creation of the combined authority on the exercise of functions in neighbouring local authority areas.
	Subsection (6) inserts new subsections (2A) and (2B) into section 113 of the 2009 Act. These apply when the Secretary of State is considering making changes to an existing combined authority following a proposal from the area concerned. If part of the proposed area of the combined authority is separated from the rest of the combined authority area, or if a local government area which is not part of the combined authority area is surrounded by the combined authority area, the Secretary of State must have regard to the likely impact of the changes to the combined authority on the exercise of functions equivalent to the combined authority's functions in the neighbouring local authority areas.