Commentary on provisions of Act Combined authorities Section 4: Functions
A mayoral combined authority is a single body corporate, which comprises the mayor and the remaining members of the combined authority. Section 4 inserts new Section 107D into the 2009 Act. Subsection (1) of new section 107D allows the Secretary of State to provide by order that any function that is a function of the mayoral combined authority is exercisable only by the mayor. Such an order may only be made with the consent of all appropriate authorities. Subsection (3) provides that the mayor may arrange (a) for the deputy mayor to exercise any function exercisable by the mayor or (b) for any other member or officer of the combined authority to exercise any such function. Subsection (3) provides that the mayor may delegate a function to a committee appointed by the mayor, or to the deputy mayor for policing and crime appointed under paragraph 3(1) of Schedule 5C to the 2009 Act, if authorised in an order by the Secretary of State.
	Subsection (7) of new section 107D provides that an order made under that section may provide for members and officers of a mayoral combined authority to assist the mayor in the exercise of his/her functions, confer ancillary powers on the mayor, authorise the mayor to appoint a political adviser, provide for the terms and conditions of any appointment of a political adviser, and provide for any arrangements for the discharge of functions under section 101(1)(b) of the Local Government Act 1972 ("the 1972 Act") to be treated as general functions to be exercisable by the mayor.
	An order under new section 107D may subject a function exercisable only by the mayor to conditions or limitations in certain circumstances - for instance, that a general function may only be exercisable by the mayor with the consent of appropriate authorities. Subsection (8) enables the mayor to be conferred a general power of competence.
	An order may be made for a mayor of a combined authority to jointly discharge a general mayoral function and another authority's function; the order may also provide for membership, chairing, appointment, voting powers and political balance requirements for a joint committee set up to discharge powers.
	Section 4 also inserts new section 107F into the 2009 Act. This enables the Secretary of State by order to enable the mayor to exercise the functions of a Police and Crime Commissioner in relation to the area. Such an order may only be made with the consent of all appropriate authorities, and the mayor of the combined authority, if there is one. Where such an order is made, subsection (5) requires the Secretary of State to provide that there will be no Police and Crime Commissioner for that area from a specified date (in practice this will be the date that the mayor takes office) and enables the Secretary of State to cancel any Police and Crime Commissioner ordinary election that would otherwise take place in the area (whether before the date that the mayor takes over or after). The order can also extend the term of the existing Police and Crime Commissioner for the area and cancel any Police and Crime Commissioner by-election to fill a vacancy that arises in the six month period before the date that the functions of a Police and Crime Commissioner pass to the mayor.