Commentary on provisions of Act Combined authorities Section 2: Power to provide for an elected mayor
Section 2 inserts new sections 107A and 107B into the Local Democracy, Economic Development and Construction Act 2009 ("the 2009 Act"), which empower the Secretary of State to provide by order for there to be an elected mayor of a combined authority area, who will be a member of, and chair, the combined authority.
	Section 107B(1) provides that the Secretary of State can make an order for there to be an elected mayor of the area of a combined authority following a proposal being made by each county and district council within the area of a proposed, or existing, combined authority, and by an existing combined authority (the appropriate authorities).
	A proposal for there to be a mayor for the authority's area may be included in a scheme prepared and published under section 109 or 112 of the 2009 Act. Section 109 of the 2009 Act provides that if two or more of the authorities who have conducted a review in accordance with section 108 conclude that the establishment of a combined authority would be likely to improve the exercise of statutory functions they may prepare and publish a scheme.
	Subsection (3) of new section 107B provides that an order can be made under new section 107A without a proposal being made if the appropriate authorities consent, or at least two of the constituent councils and the combined authority consent. Subsection (4) of new section 107B provides that where the order is made following consent from two constituent councils and the combined authority the Secretary of State must make an order changing the area of the combined authority by removing the area of the non consenting constituent councils from the existing area of the combined authority.
	Subsection (2) of Section 2 introduces new Schedule 5B into the 2009 Act. New Schedule 5B makes provision for a default term of office for a mayor, default dates on which elections for mayors are to take place, the voting system and entitlement to vote, and provisions for an order to be made as to the dates on which and years in which elections for the return of an elected mayor will take place, the intervals between elections for the return of an elected mayor, the term of office of an elected mayor, and the filling of vacancies in the office of elected mayor.