Chapter 2: Other Provision Combined authorities Section 59: Consent to changes to combined authority’s area Effect
Section 59(2) amends section 104 of the 2009 Act to insert new subsection (11A) – this makes corresponding changes to replace the existing consent requirements to an order making constitutional changes to a combined authority (under section 104) as a direct result of an order changing the area of the combined authority (under section 106) to the new consent requirement in (4) which replaces section 106 (3A) of the 2009 Act with subsections (3A) and (3AA). These new consent requirements for expanding or reducing the area of a mayoral combined authority or a non-mayoral combined authority provide that the Secretary of State may make an order changing a mayoral combined authority’s area with consent of the mayor and council(s) whose area(s) is joining or leaving and the Secretary of State may make an order changing a non-mayoral combined authority’s area with consent of the combined authority and council(s) whose area (s) is joining or leaving.
	Subsection (7) inserts new subsections (3CA) and (3CB) into section 106 which provide that a non-mayoral combined authority decision on such consent is to be made by simple majority vote at a meeting of the combined authority, by its voting members, and this takes precedence over any provisions about such decision making in a combined authority’s constitutional arrangements in an order or in the authority’s own arrangements for its constitution made prior to commencement of this section.
	Subsection (8) inserts new subsection (3D) into section 106 which makes exceptions to these consent arrangements where a local government area is being removed from the area of a combined authority by order under section 105A or 107D(4) of the 2009 Act.
	Subsection (9) inserts new subsections 3E), (3F) and (3G) into section 106. These apply the same consent requirements as in (3CA) to constitutional changes made under section 104 where these constitutional changes relate to or are consequential on the change of the combined authority’s area such that they override any relevant provisions and local constitutional arrangements even if they were made prior to coming into force of these provisions. It also adds into section 106 new subsection (3H) which confirms that voting members include substitute members but not non-constituent or associate members.