Part 2: Local Democracy and Devolution Police and crime and fire and rescue functions Section 35: Section 34 regulations: procedure Effect
Subsection (1) provides that the Secretary of State can only make regulations under section 34(2) where a CCA mayor has made a request to the Secretary of State.
	Subsections (2) and (3) provide that a report must be submitted with a such a request which sets out why it would be in the interests of a) economy, efficiency and effectiveness, or b) public safety for regulations establishing the single employer model to be made. The mayor is also required to submit a description of any local public consultation and a summary of any responses to such a consultation, and a summary of representations made by constituent members of the CCA when making their request. Where a mayor has undertaken public consultation, the mayor must publish a response to that consultation in the manner they deem appropriate.
	Subsections (4), (5), (6) and (7) provide that, where there is not local agreement to the mayor’s proposal (that is, where two-thirds or more of the constituent members of the combined county authority have indicated that they disagree), the mayor may still make a request to the Secretary of State but they would additionally be required to provide copies of any representations made by the constituent members of the combined county authority and include in the proposal their response to these representations and to the views expressed in any public consultation undertaken. The Secretary of State would then be required to secure an independent assessment of the mayor’s proposal. Such an independent assessment may be secured from HMIC, the Chief Fire and Rescue Adviser or any such other independent person as the Secretary of State deems appropriate. In the interests of transparency, the Secretary of State must publish the independent assessment secured.
	Subsections (8) and (9) provide that the Secretary of State may not make such regulations unless it appears to them that it is in the interests of economy, efficiency and effectiveness or public safety to do so (and they may not make such regulations on the grounds of economy, efficiency and effectiveness if they think that it would have an adverse effect on public safety).
	Subsections (10) and (11) provide that the Secretary of State may give effect to the mayor’s proposals with any modifications that they think appropriate. However, before doing so, the Secretary of State must consult the mayor and the CCA.
	Subsection (12) defines "constituent member" as used in this section.