Commentary on provisions of Act Schedules Schedule 5: Minor and consequential amendments
This Schedule makes minor and consequential amendments to legislation including the Local Government Finance Act 1988 and to the 2009 Act relating to the newly created 'mayoral combined authority', to allow the Secretary of State to provide for a function to be exercised across part of the area of a combined authority, and to allow the Secretary of State to make different provisions for different authorities or different descriptions of authority.
	Paragraph 19 amends section 104 of the 2009 Act to enable a county council to transfer its transport functions to a combined authority for part of the county's area, which aligns with the areas of the district councils included within the area of the combined authority.
	Paragraphs 13 to 17 of the Schedule amends sections 15, 17, 18 and 20 of the Localism Act 2011 to limit the power to transfer functions at section 15 of that Act to an EPB, as the Act makes separate provision to transfer functions to combined authorities, county councils and district councils.
	Paragraphs 1 to 3 of the Schedule amend the 1972 Act so that a committee put in place under section 107E of the 2009 Act, or a joint committee put in place under these provisions, will be subject to Part 5A of the Local Government Act 1972 which provides for access to meetings and documents.
	Paragraphs 4 amends section 101 of that Act to provide that a combined authority may not arrange for the discharge of a mayoral function by a committee, a sub‐committee or an officer of the authority, or by any other local authority. Only a mayor can make such an arrangement, and then only for the discharge of general mayoral functions by a joint committee under section 101(5) of the 1972 Act.
	New subsections (5C), (5D) and (5E) to section 101 of that Act provide that where a combined authority is exercising a function jointly through a joint committee, and that function becomes a general function of the mayor, those arrangements must cease. However, this does not preclude the mayor from deciding to exercise such a function jointly through a mayoral joint committee established under new section 107DA.