It seems that the grouping of East Devon, Exeter and Teignbridge cannot call itself a combined authority, since this research briefing:
Click to access SN06649.pdf
says:
Currently, a combined authority cannot include only part of a county council (or other council) area. The Government has consulted on a change to this requirement, and issued a draft Legislative Reform Order in March 2015. ”
It goes on to say:
“To establish a combined authority, a local authority or authorities must carry out a ‘governance review’ which may recommend the establishment of a combined authority for their area, or including their area. They must publish a “scheme” for the creation of a combined authority. Publication of the scheme requires the consent of the local authority areas included in the scheme.
The Secretary of State must consult the authorities that would be covered by the combined authority, and must be satisfied that the establishment of a combined authority will contribute to economic development and transport policy in the area in question.1 There is also a requirement that:
(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.2
Authorities may also be removed from the combined authority, or the combined authority may be abolished, again by statutory instrument. There is no power for public bodies other than local authorities to join a combined authority. ”
and then says:
“The 2009 Act provides that combined authorities may not include only part of a local authority within their area. Thus, they cannot include part but not all of a county council area. This is a potential obstacle for some of the current combined authority areas, as the Local Enterprise Partnerships (LEPs) associated with them cover wider ‘functional economic areas’. To circumvent this issue, the concept of ‘associate membership’ has been created. Hence the Sheffield City Region combined authority includes a number of district councils from north Derbyshire and Nottinghamshire as ‘associate members’.
…The Government issued a consultation in April 2014 on removing both these prohibitions on combined authorities via a Legislative Reform Order,6 and a subsequent consultation in December 2014. On 27 March 2015, a draft Order and explanatory note were published.7 The draft Order would remove both prohibitions noted above: on areas which are not geographically contiguous forming combined authorities, and on combined authorities including only part of a county council area. The Secretary of State would still have to be satisfied that the area of the proposed combined authority was a functional economic area, and s/he would be required to take into account the possible effects of establishing a combined authority on adjoining areas.8
Does anyone remember East Devon, Exeter and Teignbridge jumping through these hoops? If they did not are they allowed to combine and what is the legal status of such a combination? Especially its effect on adjoining authorities?
East Devon Watch 