Commentary on provisions of Act Combined Authorities and EPBs: areas and procedure Section 14: Requirements in connection with establishment etc. of combined authority
New section 14 amends existing provisions within sections 103, 104, 105, 106, 110 and 113 of the 2009 Act and inserts section 106A to amend the process required in the establishment of a combined authority and making changes within an existing combined authority. Amended sections 110 and 113 set out that the Secretary of State may make an order establishing a combined authority or making changes to an existing combined authority if he considers that doing so is likely to improve the exercise of statutory functions and each of the authorities consent. The consent of constituent councils and, for an order relating to an existing combined authority, the combined authority, will be required to orders made under sections 104 and 105 of the 2009 Act.
	Orders made under section 106 of the 2009 Act to add or remove a local government area to or from an existing area of a combined authority require the consent of the relevant council, the combined authority and the mayor (in the case of a mayoral combined authority). In a local government area where there is more than one relevant council, a proposal to add the area of one of those councils to the area of an existing combined authority requires the consent of only one of the councils in the area. In the case of a mayoral combined authority the consent of the mayor is also required. If a scheme has been published, the Secretary of State must have regard to the scheme. The Secretary of State must carry out a public consultation unless a scheme has been published, the constituent councils carried out a public consultation and provided the Secretary of State with consultation responses, and the Secretary of State considers that no further consultation is necessary. The Secretary of State must also consider 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; and have regard to the need to reflect the identities and interests of local communities and to secure effective and convenient local government.