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Local Democracy, Economic Development and Construction Bill [HL]


Local Democracy, Economic Development and Construction Bill [HL]
Part 6 — Economic prosperity boards and combined authorities

59

 

Constitution and functions of EPBs

86      

Constitution

(1)   

The Secretary of State may by order make provision in relation to an EPB

about—

(a)   

the membership of the EPB;

5

(b)   

the voting powers of members of the EPB;

(c)   

the executive arrangements of the EPB.

(2)   

The provision that may be made about membership includes provision

about—

(a)   

the number and appointment of members of the EPB;

10

(b)   

the remuneration of, and pensions or allowances payable to or in

respect of, any member of the EPB.

(3)   

The provision that may be made about voting powers includes provision for

different weight to be given to the vote of different descriptions of member.

(4)   

The provision that may be made about executive arrangements includes

15

provision about—

(a)   

the appointment of an executive;

(b)   

the functions of the EPB that are the responsibility of an executive;

(c)   

the functions of the EPB that are the responsibility of an executive and

that may be discharged by a committee of the EPB or by a body other

20

than the EPB;

(d)   

arrangements relating to the review and scrutiny of the discharge of

functions;

(e)   

access to information on the proceedings of an executive of the EPB;

(f)   

the disapplication of section 15 of the Local Government and Housing

25

Act 1989 (c. 42) (duty to allocate seats to political groups) in relation to

an executive of the EPB or a committee of such an executive;

(g)   

the keeping of a record of any arrangements relating to the EPB and

falling within paragraphs (a) to (f).

(5)   

An order under this section may not provide for the budget of an EPB to be

30

agreed otherwise than by the EPB.

87      

Constitution: membership and voting

(1)   

An order under section 86 that includes provision about the number and

appointment of members of an EPB must provide—

(a)   

for a majority of the members of the EPB to be appointed by the EPB’s

35

constituent councils,

(b)   

for those members to be appointed from among the elected members of

the constituent councils, and

(c)   

for each constituent council that is a representative council to appoint

at least one of its elected members as a member of the EPB.

40

(2)   

For the purposes of this section—

(a)   

a county council is a constituent council of an EPB if the area of the

county council, or part of that area, is within the EPB’s area;

(b)   

a district council is a constituent council of an EPB if the area of the

district council is within the EPB’s area.

45

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 6 — Economic prosperity boards and combined authorities

60

 

(3)   

For the purposes of this section, the following are representative councils in

relation to an EPB—

(a)   

if the EPB’s area coincides with or includes the whole of the area of a

county council, the county council;

(b)   

if the EPB’s area includes part of the area of a county council—

5

(i)   

the county council, or

(ii)   

each district council for an area within that part,

   

as determined by or in accordance with the order;

(c)   

if the EPB’s area includes the area of a unitary district council, the

district council.

10

(4)   

In this Part “unitary district council” means a district council whose area is not

part of the area of a county council.

(5)   

If an order under section 86 provides for members of an EPB to be appointed

otherwise than from among the elected members of its constituent councils, the

order must provide for those members to be non-voting members.

15

(6)   

The voting members of an EPB may resolve that provision made in accordance

with subsection (5) is not to apply in the case of the EPB.

88      

Exercise of local authority functions

(1)   

The Secretary of State may by order provide for a function of a local authority

that is exercisable in relation to an area within an EPB’s area to be exercisable

20

by the EPB in relation to the EPB’s area.

(2)   

The Secretary of State may make an order under this section only if the

Secretary of State considers that the function can appropriately be exercised by

the EPB.

(3)   

An order under this section may make provision for the function to be

25

exercisable by the EPB either generally or subject to such conditions or

limitations as may be specified in the order.

(4)   

An order under this section may make provision—

(a)   

for the function to be exercisable by the EPB instead of by the local

authority, or

30

(b)   

for the function to be exercisable by the EPB concurrently with the local

authority.

(5)   

An EPB must perform the functions that are exercisable by the EPB by virtue

of this section with a view to promoting the economic development and

regeneration of its area.

35

(6)   

In this section “local authority” means—

(a)   

a county council, or

(b)   

a district council.

89      

Funding

(1)   

The Secretary of State may by order make provision—

40

(a)   

for the costs of an EPB to be met by its constituent councils, and

(b)   

about the basis on which the amount payable by each constituent

council is to be determined.

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 6 — Economic prosperity boards and combined authorities

61

 

(2)   

For the purposes of this section—

(a)   

a county council is a constituent council of an EPB if the area of the

county council, or part of that area, is within the EPB’s area;

(b)   

a district council is a constituent council of an EPB if the area of the

district council is within the EPB’s area.

5

90      

Accounts

(1)   

Each EPB must keep a fund to be known as the general fund.

(2)   

All receipts of the EPB must be carried to that fund.

(3)   

All liabilities falling to be discharged by the EPB must be discharged out of that

fund.

10

(4)   

Accounts must be kept of—

(a)   

receipts carried to the general fund, and

(b)   

payments made out of the general fund.

91      

Change of name

(1)   

An EPB may change its name by a resolution in accordance with this section.

15

(2)   

The resolution must be considered at a meeting of the EPB that is specially

convened for the purpose.

(3)   

Particulars of the resolution must have been included in the notice of the

meeting.

(4)   

The resolution must be passed at the meeting by not less than two-thirds of the

20

members of the EPB who vote on it.

(5)   

An EPB that changes its name under this section must—

(a)   

send notice of the change to the Secretary of State, and

(b)   

publish the notice in such manner as the Secretary of State may direct.

(6)   

A change of name under this section does not affect the rights or obligations of

25

the EPB or any other person, or render defective any legal proceedings.

(7)   

Any legal proceedings may be commenced or continued as if there had been

no change of name.

Changes to and dissolution of an EPB’s area

92      

Changes to boundaries of an EPB’s area

30

(1)   

The Secretary of State may by order change the boundaries of an EPB’s area

by—

(a)   

adding a local government area to an existing area of an EPB, or

(b)   

removing a local government area from an existing area of an EPB.

(2)   

An order may be made under this section only if—

35

(a)   

the area to be created by the order meets conditions A to D in section

85, and

(b)   

each council to whom this section applies consents to the making of the

order.

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 6 — Economic prosperity boards and combined authorities

62

 

(3)   

This section applies to—

(a)   

a county council whose area, or part of whose area, is to be added to or

removed from the existing area of the EPB;

(b)   

a district council whose area is to be added to or removed from the

existing area of the EPB.

5

93      

Dissolution of an EPB’s area

(1)   

The Secretary of State may by order—

(a)   

dissolve an EPB’s area, and

(b)   

abolish the EPB for the area.

(2)   

An order may be made under this section only if a majority of the councils to

10

whom this section applies consent to the making of the order.

(3)   

This section applies to—

(a)   

a county council whose area, or part of whose area, is within the EPB’s

area;

(b)   

a unitary district council whose area is within the EPB’s area.

15

Requirements in connection with orders about EPBs

94      

Review by authorities: new EPB

(1)   

Any two or more of the authorities to whom this section applies may

undertake a review of the effectiveness and efficiency of arrangements to

promote economic development and regeneration within the area covered by

20

the review (“the review area”).

(2)   

This section applies to—

(a)   

a county council in England;

(b)   

a district council in England.

(3)   

Where the review is being undertaken by a county council, the review area

25

must include—

(a)   

the areas of one or more district councils that are within the area of the

county council, or

(b)   

if there are no such areas, the area of the county council.

(4)   

Where the review is being undertaken by a district council, the review area

30

must include the area of the district council.

(5)   

The review area may also include the area of any county council or district

council in England not undertaking the review.

95      

Preparation and publication of scheme: new EPB

(1)   

This section applies where two or more of the authorities that have undertaken

35

a review under section 94 conclude that the establishment of an EPB for an area

would be likely to improve—

(a)   

the exercise of statutory functions relating to economic development

and regeneration in the area, and

(b)   

economic conditions in the area.

40

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 6 — Economic prosperity boards and combined authorities

63

 

(2)   

The authorities may prepare and publish a scheme for the establishment of an

EPB for the area (“the scheme area”).

(3)   

Subject as follows, the scheme area—

(a)   

must consist of or include the whole or any part of the review area,

(b)   

may include one or more other local government areas, and

5

(c)   

must meet conditions A to C in section 85.

(4)   

The scheme area may not include a local government area unless each

appropriate authority for that area—

(a)   

participates in the preparation of the scheme, or

(b)   

consents to its inclusion in the scheme area.

10

(5)   

For this purpose—

(a)   

a county council is an appropriate authority for a local government area

that is or forms part of the area of that county council;

(b)   

a district council is an appropriate authority for a local government

area that is the area of that district council.

15

96      

Requirements in connection with establishment of EPB

(1)   

The Secretary of State may make an order establishing an EPB for an area only

if, having regard to a scheme prepared and published under section 95, the

Secretary of State considers that to do so is likely to improve—

(a)   

the exercise of statutory functions relating to economic development

20

and regeneration in the area, and

(b)   

economic conditions in the area.

(2)   

Before making the order, the Secretary of State must consult—

(a)   

each appropriate authority, and

(b)   

such other persons (if any) as the Secretary of State considers

25

appropriate.

(3)   

For the purposes of this section—

(a)   

a county council is an appropriate authority if the area of the county

council, or part of that area, is within the area for which the EPB is to be

established;

30

(b)   

a district council is an appropriate authority if the area of the district

council is within the area for which the EPB is to be established.

(4)   

In making the order, the Secretary of State must have regard to the need—

(a)   

to reflect the identities and interests of local communities, and

(b)   

to secure effective and convenient local government.

35

97      

Review by authorities: existing EPB

(1)   

Any one or more of the authorities to whom this section applies may

undertake, in relation to an existing EPB, a review of one or more EPB matters.

(2)   

This section applies to—

(a)   

an EPB;

40

(b)   

a county council whose area, or part of whose area, is within an area of

an EPB or could be within a proposed area of an EPB;

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 6 — Economic prosperity boards and combined authorities

64

 

(c)   

a district council whose area is within an area of an EPB or could be

within a proposed area of an EPB.

(3)   

For the purposes of this section an “EPB matter” is—

(a)   

a matter in relation to which an order may be made under any of

sections 86, 88, 89, 92 and 93;

5

(b)   

a matter concerning the EPB that the EPB has power to determine.

(4)   

The review must relate to one or more areas of an EPB or proposed areas of an

EPB.

(5)   

In this section and section 98 a “proposed area of an EPB” means an area of an

EPB that may be created by an order under section 92 (changes to boundaries

10

of an EPB’s area).

98      

Preparation and publication of scheme: existing EPB

(1)   

This section applies where one or more of the authorities that have undertaken

a review under section 97 conclude that the exercise of the power to make an

order under any one or more of sections 86, 88, 89, 92 and 93 would be likely to

15

improve—

(a)   

the exercise of statutory functions relating to economic development

and regeneration in an area of an EPB or a proposed area of an EPB, or

(b)   

economic conditions in such an area.

(2)   

The authorities may prepare and publish a scheme relating to the power or

20

powers in question.

(3)   

The reference in subsection (1) to an area of an EPB includes an area that would

cease to be an area of an EPB if an order were made in relation to that area

under section 93 (dissolution of an EPB’s area).

99      

Requirements in connection with changes to existing EPB arrangements

25

(1)   

The Secretary of State may make an order under any of sections 86, 88, 89, 92

and 93 in relation to an existing EPB only if, having regard to a scheme

prepared and published under section 98, the Secretary of State considers that

the making of the order is likely to improve—

(a)   

the exercise of statutory functions relating to economic development

30

and regeneration in the area or areas to which the order relates, or

(b)   

economic conditions in that area or those areas.

(2)   

Before making the order, the Secretary of State must consult—

(a)   

such of the authorities mentioned in section 97(2), and

(b)   

such other persons (if any),

35

   

as the Secretary of State considers appropriate.

(3)   

In making the order, the Secretary of State must have regard to the need—

(a)   

to reflect the identities and interests of local communities, and

(b)   

to secure effective and convenient local government.

 
 

 
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