Commentary on provisions of Act Combined authorities: additional functions Section 7: Other public authority functions
Section 7 inserts section 105A into the 2009 Act. Subsection (1) of new section 105A enables the Secretary of State by order to make provision for a function of a public authority that is exercisable in relation to a combined authority's area to be exercisable by the combined authority; or confer on a combined authority, in relation to its area, a function which corresponds to a function which another public authority has in relation to another area. Conditions or limitations can be specified together with any conferral of powers on combined authorities. This might, for example, be used to specify that a transfer of health powers would not change responsibilities in relation to the NHS Constitution or mandate.
	An order made under subsection (1)(a) of new section 105A may make provision for the combined authority to have a function instead of another public authority, for the public function to be exercised concurrently with the other public authority, for the public function to be exercised jointly by the combined authority and public authority, or for the function to be exercised jointly by the combined authority and public authority but also continue to be exercised by the public authority alone. An order under subsection (1)(a) of new section 105A may also make provision for the making of a scheme to transfer property, rights and liabilities from the public authority to the combined authority, and abolishing the public authority if it will no longer have any functions. Functions of a national regulatory nature cannot be conferred on a combined authority which exercises the powers which are regulated by these functions.
	Section 7 also inserts new section 105B which specifies the procedure for making an order under new section 105A, including that it can only be made if (a) the appropriate authorities make a proposal for the making of the order or (b) in the case of an existing combined authority, the authority and each constituent council within the combined authority consents, and the Secretary of State considers that the making of the order is likely to improve the exercise of statutory functions in the area or areas to which the order relates. Where an order under new section 105A is made for the first time, subsection (4) provides that it may be made with the consent of at least two constituent councils (together with the combined authority). Where an order has been made under subsection (4) the Secretary of State must make an order under section 106 to remove any non-consenting councils from the area of the combined authority. Consent requirements need not be met when a revocation order under new section 105A is made in relation only to health functions. When laying before Parliament an order which confers public authority functions to an authority, the Secretary of State must also place a report before Parliament which sets out the effect of the order and why the Secretary of State considers it is appropriate to make it. The report must include any consultation and information which has been taken into account, for example any discussions with Police and Crime Commissioners in respect of consideration of policing within any deal, as well as any other evidence or contextual information that the Secretary of State considers it appropriate to include.