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Levelling-up and Regeneration Act 2023

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Levelling-up and Regeneration Act 2023

2023 Chapter 55

An Act to make provision for the setting of levelling-up missions and reporting on progress in delivering them; about local democracy; about town and country planning; about Community Infrastructure Levy; about the imposition of Infrastructure Levy; about environmental outcome reports for certain consents and plans; about nutrient pollution standards; about regeneration; about the compulsory purchase of land; about information and records relating to land, the environment or heritage; about the registration of short-term rental properties; for the provision for pavement licences to be permanent; about governance of the Royal Institution of Chartered Surveyors; about the charging of fees in connection with marine licences; for a body to replace the Health and Safety Executive as the building safety regulator; about the transfer of land for Academy schools; about the review of maps of open country and registered common land; about the regulation of childminding; about qualifying leases under the Building Safety Act 2022; about road user charging schemes in London; about National Parks, areas of outstanding natural beauty and the Broads; and for connected purposes.

Enacted [26th October 2023]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Levelling-up missions

Setting missions

I6121 Statement of levelling-up missions

1 A Minister of the Crown must prepare, and lay before each House of Parliament, a statement of levelling-up missions.
2 A “statement of levelling-up missions” is a document which sets out—
a objectives which His Majesty’s Government intends to pursue to reduce geographical disparities in the United Kingdom significantly (“levelling-up missions”), within a period specified in the statement (the “mission period”), and
b details of how His Majesty’s Government proposes to measure progress in delivering those levelling-up missions (the “mission progress methodology and metrics”).
3 In the course of preparing a statement of levelling-up missions, the Minister of the Crown must have regard to—
a the importance of the levelling-up missions in the statement (taken as a whole) addressing both economic and social disparities in opportunities or outcomes, and
b the needs of rural areas.
4 The mission period for a statement of levelling-up missions must not—
a begin before the statement has been laid before each House of Parliament, nor
b be shorter than five years.
5 A statement of levelling-up missions must specify a target date for the delivery of each of the levelling-up missions in it, which may be before or at the end of the mission period.
6 If different target dates are specified under subsection (5) for different levelling-up missions, the statement of levelling-up missions must give reasons for the different dates.
7 The first statement of levelling-up missions must come into effect before the end of the period of one month beginning with the day on which this section comes into force.
8 A statement of levelling-up missions comes into effect when—
a the statement has been laid before each House of Parliament and published by a Minister of the Crown, and
b the mission period in the statement begins.
9 Before the end of the mission period in a statement of levelling-up missions (“the old statement”), a Minister of the Crown must prepare a new statement of levelling-up missions, lay it before each House of Parliament and publish it.
10 The mission period in the new statement of levelling-up missions must begin no later than immediately after the end of the mission period in the old statement.
11 When the new statement of levelling-up missions comes into effect it replaces the old statement, which ceases to have effect.
12 References in this Part to the current statement of levelling-up missions are to the statement of levelling-up missions for the time being in effect.

I6132 Statement of levelling-up missions: devolution

1 In the course of preparing a statement of levelling-up missions, a Minister of the Crown must—
a have regard to any role of the devolved legislatures and devolved authorities in connection with the levelling-up missions in the statement, and
b carry out such consultation as the Minister considers appropriate with the devolved authorities.
2 A Minister of the Crown must prepare a document which sets out how the Minister has complied with subsection (1)(a).
3 A Minister of the Crown must lay the document mentioned in subsection (2) before each House of Parliament, and publish it, at the same time as, or as soon as is reasonably practicable after, the statement of levelling-up missions is so laid and published.

Reporting on missions

I6143 Annual etc reports on delivery of levelling-up missions

1 A Minister of the Crown must prepare reports on the delivery of the levelling-up missions in the current statement of levelling-up missions, in accordance with this section.
2 In the course of preparing each report, the Minister of the Crown must have regard to the needs of rural areas.
3 Each report must—
a include the Minister’s assessment of the progress that has been made, in the period to which the report relates, in delivering each of the levelling-up missions in the current statement of levelling-up missions as it has effect at the end of that period,
b describe what has been done, in that period, by His Majesty’s Government to deliver each of those levelling-up missions, and
c set out what His Majesty’s Government plans to do in the future to deliver each of those levelling-up missions.
4 The Minister’s assessment under subsection (3)(a) must be carried out by reference to the mission progress methodology and metrics in the current statement of levelling-up missions as it has effect at the end of the period to which the report relates.
5 If His Majesty’s Government considers that it is no longer appropriate for it to pursue a levelling-up mission in the current statement of levelling-up missions, the report may state that His Majesty’s Government no longer intends to pursue that mission, instead of dealing with the matters mentioned in subsection (3) in relation to that mission.
6 If a report contains a statement under subsection (5), it must also set out the reasons for the statement being made.
7 In the course of preparing a report on the delivery of the levelling-up missions, a Minister of the Crown must carry out such consultation as the Minister considers appropriate with the devolved authorities.
8 The first report in relation to a statement of levelling-up missions must relate to the first 12 months of the mission period in the statement.
9 Subsequent reports in relation to a statement of levelling-up missions must relate to—
a the 12 month period immediately following the 12 month period in relation to which the previous report relating to the statement was prepared, or
b if shorter, the period—
i beginning immediately after the 12 month period in relation to which the previous report relating to the statement was prepared, and
ii ending at the end of the mission period in the statement.

I454C24 Reports: Parliamentary scrutiny and publication

1 A report under section 3 must be laid before each House of Parliament before the end of the period of 120 days beginning immediately after the last day of the period to which the report relates.
2 After a report has been laid before Parliament under subsection (1), a Minister of the Crown must publish it as soon as is reasonably practicable.
3 In calculating the period of 120 days mentioned in subsection (1), no account is to be taken of any time during which—
a Parliament is dissolved or prorogued, or
b either House of Parliament is adjourned for more than 4 days.

Revision of methodology and metrics or target dates

I6155 Changes to mission progress methodology and metrics or target dates

1 This section applies if a Minister of the Crown considers that the mission progress methodology and metrics, or the target date for the delivery of a levelling-up mission, in the current statement of levelling-up missions should be changed.
2 The Minister—
a may revise the current statement of levelling-up missions so as to change the mission progress methodology and metrics or (as the case may be) target date, and
b as soon as is reasonably practicable after doing so, must—
i publish a statement setting out the reasons for the mission progress methodology and metrics, or target date, being changed, and
ii lay the revised statement of levelling-up missions before each House of Parliament and then publish it.
3 In discharging functions under this section, a Minister of the Crown must have regard to the needs of rural areas.
4 The current statement of levelling-up missions has effect with the revisions made under subsection (2) on and after the day on which it is published after being laid before each House of Parliament.
5 Before making any revisions under subsection (2), a Minister of the Crown must—
a have regard to any role of the devolved legislatures and devolved authorities in connection with the levelling-up mission to which the revision relates, and
b carry out such consultation as the Minister considers appropriate with the devolved authorities.

Review of missions

I6166 Reviews of statements of levelling-up missions

1 A Minister of the Crown must review the current statement of levelling-up missions, in accordance with this section.
2 The first review of the current statement of levelling-up missions must be completed, and a report on that review published, within the period of five years beginning with the first day of the mission period in that statement.
3 Subsequent reviews of the current statement of levelling-up missions must be completed, and the report on the review published, within the period of five years beginning with the day on which the report on the previous review was published.
4 But a final review of the current statement of levelling-up missions must be completed, and the report on the review published, before a new statement is laid before each House of Parliament in accordance with section 1(9).
5 The purposes of a review under this section are to—
a consider whether His Majesty’s Government pursuing the levelling-up missions in the current statement of levelling-up missions is effectively contributing to the reduction of geographical disparities in the United Kingdom,
b conclude whether His Majesty’s Government should continue to pursue those levelling-up missions and, if not, what the levelling-up missions are instead to be, and
c consider whether there are any additional levelling-up missions which His Majesty’s Government should pursue.
6 In the course of carrying out a review under this section, a Minister of the Crown must—
a have regard to any role of the devolved legislatures and devolved authorities in connection with the levelling-up missions in the statement, and
b carry out such consultation as the Minister considers appropriate with the devolved authorities.
7 As soon as is reasonably practicable after the conclusion of a review under this section, a Minister of the Crown must lay a report on the review before each House of Parliament and then publish it.
8 The report on a review under this section must—
a state whether His Majesty’s Government considers that pursuing the levelling-up missions in the current statement of levelling-up missions is effectively contributing to the reduction of geographical disparities in the United Kingdom,
b state whether His Majesty’s Government has concluded that it should continue to pursue those levelling-up missions and, if not, what the levelling-up missions are instead to be,
c state whether there are any additional levelling-up missions which His Majesty’s Government considers it should pursue, and
d set out reasons for the statements under paragraphs (a) to (c).
9 Subsections (10) to (12) do not apply in relation to a report on the final review of the current statement of levelling-up missions.
10 If the report states that His Majesty’s Government has concluded that it should not continue to pursue the levelling-up missions in the current statement of levelling-up missions—
a a Minister of the Crown must revise the statement—
i so that it instead contains the levelling-up missions that His Majesty’s Government is to pursue for the remaining mission period, and
ii to make any changes to the mission progress methodology and metrics that the Minister considers appropriate in consequence of doing so, and
b as soon as is reasonably practicable after revising it, the Minister must lay the revised statement before each House of Parliament and then publish it.
11 If the report states that His Majesty’s Government considers that it should pursue an additional levelling-up mission—
a a Minister of the Crown must revise the current statement of levelling-up missions so as to—
i add the levelling-up mission, and
ii make any changes to the mission progress methodology and metrics that the Minister considers appropriate in consequence of doing so, and
b as soon as is reasonably practicable after revising it, the Minister must lay the revised statement before each House of Parliament and then publish it.
12 The current statement of levelling-up missions has effect with the revisions made under subsection (10)(a) or (11)(a) on and after the day on which the revised statement is published after being laid before each House of Parliament.
13 In carrying out functions under this section, a Minister of the Crown must have regard to—
a the importance of the levelling-up missions in the statement of levelling-up missions (taken as a whole) addressing both economic and social disparities in opportunities or outcomes, and
b the needs of rural areas.

Levelling-up funding

I17 Levelling Up Fund Round 3

1 Before the end of the period of three months beginning with the day on which this Act is passed, a Minister of the Crown must lay before each House of Parliament a statement on Levelling Up Fund Round 3.
2 A “statement on Levelling Up Fund Round 3” is a statement about the allocation of a third round of funding from the Levelling Up Fund.
3 The “Levelling Up Fund” is the programme run by His Majesty’s Government which is known as the Levelling Up Fund and was announced on 25 November 2020.

General

I6178 Interpretation of Part 1

In this Part—
  • “current statement of levelling-up missions” has the meaning given by section 1(12);
  • “devolved authorities” means—
    1. the Scottish Ministers,
    2. the Welsh Ministers, and
    3. the Northern Ireland departments;
  • “devolved legislatures” means—
    1. the Scottish Parliament,
    2. Senedd Cymru, and
    3. the Northern Ireland Assembly;
  • “geographical disparities” means geographical disparities in economic, social or other opportunities or outcomes;
  • “His Majesty’s Government” means His Majesty’s Government in the United Kingdom;
  • “levelling-up mission” has the meaning given by section 1(2)(a);
  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
  • “mission period” has the meaning given by section 1(2)(a);
  • “mission progress methodology and metrics” has the meaning given by section 1(2)(b);
  • “statement of levelling-up missions” has the meaning given by section 1(2).

Part 2 Local democracy and devolution

Chapter 1 Combined county authorities

CCAs and their areas

I6189 Combined county authorities and their areas

1 The Secretary of State may by regulations establish as a body corporate a combined county authority (a “CCA”) for an area that meets the following conditions.
2 Condition A is that the area is wholly within England and consists of—
a the whole of the area of a two-tier county council, and
b the whole of one or more of—
i the area of a two-tier county council,
ii the area of a unitary county council, or
iii the area of a unitary district council.
3 Condition B is that no part of the area forms part of—
a the area of another CCA,
b the area of a combined authority, or
c the integrated transport area of an Integrated Transport Authority.
4 Regulations under subsection (1) must specify the name by which the CCA is to be known.
5 In this Chapter—
  • “combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;
  • “economic prosperity board” means an economic prosperity board established under section 88(1) of that Act;
  • “Integrated Transport Authority” means an Integrated Transport Authority for an integrated transport area;
  • “two-tier county council” means a county council whose area includes the areas of district councils;
  • “unitary county council” means a county council whose area does not include the areas of district councils;
  • “unitary district council” means a district council whose area does not form part of the area of a county council.

Constitution of CCAs

I61910 Constitutional arrangements

1 The Secretary of State may by regulations make provision about the constitutional arrangements of a CCA.
2 “Constitutional arrangements” in relation to a CCA means—
a the membership of the CCA (including the number and appointment of members of the CCA and the remuneration of, and pensions or allowances payable to or in respect of, any member of the CCA);
b the voting powers of members of the CCA (including provision for different weight to be given to the vote of different descriptions of member);
c the executive arrangements of the CCA;
d the functions of any executive body of the CCA.
3 In subsection (2)(c) “executive arrangements” means—
a the appointment of an executive;
b the functions of the CCA which are the responsibility of an executive;
c the functions of the CCA which are the responsibility of an executive and which may be discharged by a committee of the CCA or by a body other than the CCA;
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 CCA;
f the disapplication of section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) in relation to an executive of the CCA or a committee of such an executive;
g the keeping of a record of any arrangements relating to the CCA and falling within paragraphs (a) to (f).
4 Regulations under subsection (1) which, by virtue of subsection (2)(a), include provision about the number and appointment of members of the CCA must provide—
a for the members of the CCA other than—
i the mayor (in the case of a mayoral CCA),
ii the CCA’s non-constituent members (see section 11), and
iii the CCA’s associate members (see section 12),
to be appointed by the CCA’s constituent councils, and
b for each of the constituent councils to appoint at least one of its elected members as a member of the CCA.
5 The provision which may be made by regulations under subsection (1) by virtue of subsection (2)(d) includes—
a provision setting up or dissolving an executive body of a CCA, or merging two or more executive bodies of a CCA;
b provision conferring functions on, or removing functions from, an executive body of a CCA;
c provision transferring functions of a CCA to an executive body of the CCA, and transferring functions of an executive body of a CCA to the CCA.
6 Regulations under subsection (1) may not provide for the budget of a CCA to be agreed otherwise than by the CCA.
7 The power to make regulations under subsection (1) is subject to—
a sections 11 and 12 and regulations under section 13(1) (non-constituent and associate members), and
b sections 14(4) and 25(9) and (12) (procedure for CCA consents).
8 Regulations under subsection (1) may be made in relation to a CCA only with the consent of—
a the constituent councils, and
b in the case of regulations in relation to an existing CCA, the CCA.
9 If the only provision made under subsection (1) in regulations under this Chapter is provision as a result of regulations under section 25(1) (changes to boundaries of a CCA’s area)—
a subsection (8) does not apply to the regulations under this Chapter, and
b subsections (6) to (13) of section 25 apply in relation to the regulations as if they contained the provision made by the regulations under subsection (1) of that section.
10 If the only provision made under subsection (1) in regulations under this Chapter is provision as a result of regulations to which section 31 applies (procedure for direct conferral of general functions on mayor)—
a subsection (8) does not apply to the regulations under this Chapter, and
b the regulations may be made only with the consent of the mayor for the CCA.
11 In this Chapter “constituent council”, in relation to a CCA or proposed CCA, means—
a a county council for an area within the CCA’s area or proposed area, or
b a unitary district council for an area within the CCA’s area or proposed area.

I62011 Non-constituent members of a CCA

1 A CCA may designate a body other than a constituent council as a nominating body for the purposes of this Chapter.
2 A nominating body may be designated under subsection (1) only if the body consents to the designation.
3 A nominating body of a CCA may nominate a representative of the body for appointment by the CCA as a member (a “non-constituent member”).
4 The non-constituent members of a CCA are to be non-voting members of that authority unless the voting members resolve otherwise.
5 A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the CCA should consent to the making of regulations under this Chapter.

I62112 Associate members of a CCA

1 A CCA may appoint an individual to be a member (“an associate member”) of the CCA.
2 The associate members of a CCA are to be non-voting members of the CCA.

I62213 Regulations about members

1 The Secretary of State may by regulations make provision about—
a constituent members of a CCA;
b the mayor for the area of a CCA in the mayor’s capacity as a member of the CCA;
c nominating bodies of a CCA;
d non-constituent members of a CCA;
e associate members of a CCA.
2 The provision that may be made by regulations under subsection (1) includes, in particular, provision about—
a the cases in which a decision of a CCA requires a majority, or a particular kind of majority, of the votes of members of a particular kind;
b the process for the designation of a nominating body or the removal of such a designation;
c the number of nominating bodies that may be designated by a CCA;
d the number of non-constituent members that may be appointed by a nominating body of a CCA;
e the appointment, disqualification, resignation or removal of a non-constituent member;
f the appointment of a substitute member to act in place of a non-constituent member;
g the maximum number of non-constituent members of a CCA;
h the making by a nominating body of a CCA of payments towards the costs of the CCA;
i the things which may or may not be done by, or in relation to, a non-constituent member;
j the appointment, disqualification, resignation or removal of an associate member;
k the appointment of a substitute member to act in place of an associate member;
l the maximum number of associate members of a CCA;
m the things which may or may not be done by, or in relation to, an associate member.
3 Regulations under subsection (1) may confer a discretion on a CCA to determine any matter.
4 In this section “constituent member”, in relation to a CCA, means a member of the CCA (other than any mayor for the area of the CCA) appointed by a constituent council.

I62314 Review of CCA’s constitutional arrangements

1 This section applies if regulations under section 10(1) (constitution of CCA) enable a CCA to make provision about its constitution (“constitutional provision”).
2 An appropriate person may carry out a review of the CCA’s constitutional provision if—
a an appropriate person proposes a review, and
b the CCA consents to the review.
3 If an appropriate person carries out a review under subsection (2), they may propose changes to the CCA’s constitutional provision as a result of the review for agreement by the CCA.
4 The question of whether to consent under subsection (2)(b) or to agree to changes proposed under subsection (3) is to be decided at a meeting of the CCA by a simple majority of the voting members of the CCA who are present at the meeting.
5 In the case of a mayoral CCA—
a a majority in favour of consenting under subsection (2)(b) does not need to include the mayor, but
b a majority in favour of changes proposed under subsection (3) must include the mayor.
6 The reference in subsection (4) to a voting member—
a includes a substitute member who may act in place of a voting member;
b does not include a non-constituent member.
7 In this section “appropriate person”, in relation to a CCA, means—
a a member of the CCA appointed by a constituent council, or
b the mayor for the area of the CCA, if it is a mayoral CCA (see section 27(8)).

I62415 Overview and scrutiny committees

1 Schedule 1 makes provision for CCAs to have overview and scrutiny committees and audit committees.
2 Provision made by regulations under section 10(1) is subject to that Schedule.

I62516 Funding

1 The Secretary of State may by regulations make provision—
a for the costs of a CCA 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.
2 Regulations under subsection (1) may be made in relation to a CCA only with the consent of—
a the constituent councils, and
b in the case of regulations in relation to an existing CCA, the CCA.
3 Subsection (1) is subject to regulations under section 13(1) (CCA membership).

I62617 Change of name

1 A CCA may, by a resolution in relation to which the requirements mentioned in subsection (2) are met, change the name by which it is known.
2 The requirements are—
a that the resolution is considered at a meeting of the CCA which is specially convened for the purpose,
b that particulars of the resolution were included in the notice of the meeting, and
c that the resolution is passed at the meeting by not less than two-thirds of the members of the CCA who vote on it.
3 A CCA which 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.
4 A change of name under this section does not affect the rights or obligations of the CCA concerned or any other person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

Functions of CCAs

I62718 Local authority functions

1 The Secretary of State may by regulations provide for a function of a county council or a district council that is exercisable in relation to an area which is within a CCA’s area to be exercisable by the CCA in relation to the CCA’s area.
2 The Secretary of State may make regulations under subsection (1) only if the Secretary of State considers that the function can appropriately be exercised by the CCA.
3 Regulations under subsection (1) may make provision for the function to be exercisable by the CCA either generally or subject to such conditions or limitations as may be specified in the regulations.
4 Regulations under subsection (1) which provide for a function of a county council or a unitary district council to be exercisable by a CCA may make provision for the function to be exercisable by the CCA instead of by the county council or unitary district council.
5 Regulations under subsection (1) which provide for a function of a county council or a district council to be exercisable by a CCA may make provision—
a for the function to be exercisable by the CCA concurrently with the county council or district council,
b for the function to be exercisable by the CCA and the county council or district council jointly, or
c for the function to be exercisable by the CCA jointly with the county council or district council but also continue to be exercisable by the council alone.
6 Regulations under subsection (1) may be made in relation to a CCA only with the consent of—
a the constituent councils, and
b in the case of regulations in relation to an existing CCA, the CCA.

I62819 Other public authority functions

1 The Secretary of State may by regulations—
a make provision for a function of a public authority that is exercisable in relation to a CCA’s area to be a function of the CCA;
b make provision for conferring on a CCA in relation to its area a function corresponding to a function that a public authority has in relation to another area.
2 Regulations under subsection (1) may include further provision about the exercise of the function including—
a provision for the function to be exercisable by the public authority or CCA subject to conditions or limitations specified in the regulations;
b provision as to joint working arrangements between the CCA and public authority in connection with the function (for example, provision for the function to be exercised by a joint committee).
3 The provision that may be included in regulations under subsection (1)(a) includes, in particular, provision—
a for the CCA to have the function instead of the public authority,
b for the function to be exercisable by the CCA concurrently with the public authority,
c for the function to be exercisable by the CCA and the public authority jointly, or
d for the function to be exercisable by the CCA jointly with the public authority but also continue to be exercisable by the public authority alone.
4 Regulations under subsection (1)(a) may, in particular, include provision to abolish the public authority in a case where, as a result of the regulations, it will no longer have any functions.
5 Regulations under subsection (1) may not provide for a regulatory function that is exercisable by a public authority in relation to the whole of England to be exercisable by a CCA in relation to its area if the regulated function is itself exercisable by the CCA by virtue of regulations under this section.
6 Subsection (7) applies where regulations under subsection (1) contain a reference to a document specified or described in the regulations (for example, in imposing a condition by virtue of subsection (2)(a) for an authority to have regard to, or to comply with, a statement of policy or standards set out in the document).
7 If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed—
a as a reference to that document as amended from time to time, or
b as including a reference to a subsequent document that replaces that document,
the regulations may make express provision to that effect.
8 See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.
9 In this section—
  • “function” (except in subsection (4)) does not include a power to make regulations or other instruments of a legislative character;
  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
  • “public authority”—
    1. includes a Minister of the Crown or a government department;
    2. does not include a county council or a district council;
  • “regulated function” means the function of carrying out an activity to which a regulatory function relates;
  • “regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006.

I62920 Section 19 regulations: procedure

1 The Secretary of State may make regulations under section 19(1) only if—
a a proposal for the making of the regulations in relation to the CCA has been made to the Secretary of State—
i as part of a proposal under section 45, or
ii in accordance with section 47, or
b the appropriate consent is given and the Secretary of State considers that the making of the regulations is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area or areas to which the regulations relate.
2 For the purposes of subsection (1)(b), the appropriate consent is given to the making of regulations under section 19(1) only if—
a in the case of regulations relating to an existing CCA, each appropriate authority consents;
b in any other case, each constituent council consents.
3 The requirements in subsection (1) do not apply where the regulations are made under sections 19(1) and 30(1) in relation to an existing mayoral CCA and provide for a function—
a to be a function of the CCA, and
b to be a function exercisable only by the mayor.
See section 31 in relation to regulations of this kind.
4 The requirement in subsection (1)(b) for the appropriate consent to be given to the making of regulations under section 19(1) does not apply where—
a the regulations revoke (in whole or in part), or otherwise amend, previous regulations under section 19(1), and
b the only purpose of the regulations is to provide for a health service function of a CCA to cease to be exercisable by the CCA.
5 In subsection (4)(b) “health service function of a CCA” means a function which—
a relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and
b is exercisable by the CCA by virtue of regulations under section 19(1).
6 At the same time as laying a draft of a statutory instrument containing regulations under section 19(1) before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.
7 The report must include—
a a description of any consultation taken into account by the Secretary of State,
b information about any representations considered by the Secretary of State in connection with the regulations, and
c any other evidence or contextual information that the Secretary of State considers it appropriate to include.
8 For the purposes of this section “the appropriate authorities” are—
a each constituent council, and
b in the case of regulations in relation to an existing CCA, the CCA.

I63021 Integrated Transport Authority and Passenger Transport Executive

1 The Secretary of State may by regulations transfer functions of an Integrated Transport Authority (an “ITA”) to a CCA.
2 Regulations under subsection (1) may only be made in relation to functions exercisable by the ITA in relation to an area that becomes, or becomes part of, the CCA’s area by virtue of regulations under this Chapter.
3 The Secretary of State may by regulations provide for any function that is conferred or imposed on a Passenger Transport Executive by any enactment (whenever passed or made) to be exercisable by a CCA or the executive body of a CCA in relation to the CCA’s area.
4 Regulations under subsection (3) may make provision for any function that—
a is conferred or imposed on an ITA by any enactment (whenever passed or made), and
b relates to the functions of a Passenger Transport Executive,
to be exercisable by a CCA in relation to the CCA’s area.
5 Regulations under this section may be made in relation to a CCA only with the consent of—
a the constituent councils, and
b in the case of regulations in relation to an existing CCA, the CCA.

I63122 Directions relating to highways and traffic functions

1 The Secretary of State may by regulations confer on a CCA a power to give a direction about the exercise of an eligible power.
2 An “eligible power” means a power of a county council or a unitary district council which the council has—
a as highway authority by virtue of section 1 of the Highways Act 1980, or
b as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984.
3 In this section references to a power do not include a reference to a duty.
4 A power of direction under this section must relate only to the exercise of an eligible power in—
a the area of the CCA, and
b the area of the authority subject to the direction.
5 A power of direction under this section must relate only to the exercise of an eligible power in respect of—
a a particular road (whether or not specified in the regulations), or
b a description of road (whether or not specified in the regulations).
6 In subsection (5) “road”—
a has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984, and
b does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991.
7 A power of direction under this section must relate only to any one or more of—
a the provision of information about the exercise of an eligible power which the authority subject to the direction has or might reasonably be expected to acquire;
b the imposition on such an authority of requirements relating to procedures to be followed prior to the exercise of an eligible power;
c the imposition on such an authority of requirements relating to the obtaining of consent prior to the exercise of an eligible power;
d the imposition on such an authority of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised);
e a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions);
f a prohibition on the exercise of an eligible power.
8 A power of direction under this section may be conferred subject to conditions.
9 Any direction given by virtue of this section—
a must be given in writing and may be varied or revoked by a further direction in writing, and
b may make different provision for different cases and different provision for different areas.
10 If regulations under subsection (1) make provision for a direction by virtue of subsection (7)(e), the regulations must make provision for the direction not to have effect unless the CCA meets the cost of complying with the direction.
11 Except as provided for by section 24(7), regulations under subsection (1) may be made in relation to a CCA only with the consent of—
a the constituent councils, and
b in the case of regulations in relation to an existing CCA, the CCA.

I63223 Contravention of regulations under section 22

1 Regulations under section 22(1) may provide that, if an authority exercises any power in contravention of a direction under such regulations, the CCA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.
2 For the purposes of subsection (1), the CCA has power to exercise any power of the authority subject to the direction on behalf of that authority.
3 Any reasonable expenses incurred by the CCA in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt.

I63324 Designation of key route network roads

1 A CCA may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of—
a each constituent council in whose area the highway or proposed highway is, and
b in the case of a mayoral CCA, the mayor.
2 The Secretary of State may designate a highway or proposed highway in the area of a CCA as a key route network road, or remove its designation as a key route network road, if requested to do so by—
a the CCA,
b the mayor (if any) of the CCA, or
c a constituent council.
3 A designation or removal under this section must be in writing and must state when it comes into effect.
4 The Secretary of State must send a copy of a designation or removal under subsection (2) to the CCA in question at least 7 days before the date on which it comes into effect.
5 A CCA must publish each designation or removal under this section of a key route network road within its area before the date on which it comes into effect.
6 A CCA that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.
7 The requirements in section 22(11) and section 30(11)(a) do not apply to provision under section 22(1) and section 30(1) contained in the same instrument so far as that provision—
a confers a power of direction on an existing mayoral CCA regarding the exercise of an eligible power in respect of key route network roads in the area of that CCA,
b provides for that power of direction to be exercisable only by the mayor of the CCA, and
c is made with the consent of the mayor after the mayor has consulted the constituent councils.
8 When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—
a a statement by the mayor that all of the constituent councils agree to the making of the regulations, or
b if the mayor is unable to make that statement, the reasons why the mayor considers the regulations should be made even though not all of the constituent councils agree to them being made.
9 In this section—
  • “eligible power” has the meaning given by section 22(2);
  • “key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;
  • “proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.

Changes to CCAs

I63425 Changes to boundaries of a CCA’s area

1 The Secretary of State may by regulations change the boundaries of a CCA’s area by—
a adding a relevant local government area to an existing area of a CCA, or
b removing a relevant local government area from an existing area of a CCA.
2 In this section “relevant local government area” means—
a the area of a two-tier county council,
b the area of a unitary county council, or
c the area of a unitary district council.
3 Regulations under subsection (1)(b)—
a may transfer functions relating to the relevant local government area from the CCA to any other public authority;
b may provide for any function of the CCA relating to the area to be no longer exercisable in relation to that area.
4 In subsection (3)(a) “public authority” includes—
a a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975,
b a government department,
c a county council, and
d a district council.
5 Regulations may be made under subsection (1) only if the area to be created by the regulations meets conditions A and B in section 9.
6 Regulations under subsection (1) adding or removing a relevant local government area to or from an existing area of a mayoral CCA may be made only if—
a the relevant council in relation to the relevant local government area consents, and
b the mayor for the area of the CCA consents.
7 Regulations under subsection (1) adding or removing a relevant local government area to or from an existing area of a CCA which is not a mayoral CCA may be made only if—
a the relevant council in relation to the relevant local government area consents, and
b the CCA consents.
8 For the purposes of subsections (6)(a) and (7)(a), the “relevant council” in relation to a relevant local government area is—
a if the local government area is the area of a county council, the county council;
b if the local government area is the area of a unitary district council, the unitary district council.
9 The question of whether to consent under subsection (7)(b) to regulations under subsection (1) is to be decided at a meeting of the CCA by a simple majority of the voting members of the authority who are present at the meeting.
10 Where regulations under subsection (1)(b) are made as a result of the duty in section 28(3)—
a subsection (5) does not apply, and
b neither subsection (6) nor subsection (7) applies.
11 Subsection (12) applies if a CCA has made provision about its constitution under regulations under section 10(1).
12 A decision about any change to that provision as a result of regulations under subsection (1) is to be decided at a meeting of the CCA by a simple majority of the voting members of the CCA who are present at the meeting.
13 A reference in this section to a voting member—
a includes a substitute member who may act in place of a voting member;
b does not include a non-constituent member.

I63526 Dissolution of a CCA’s area

1 The Secretary of State may by regulations—
a dissolve a CCA’s area, and
b abolish the CCA for that area.
2 Regulations under subsection (1)—
a may transfer functions from the CCA to any other public authority;
b may provide for any function of the CCA to be no longer exercisable in relation to the CCA’s area.
3 In subsection (2)(a) “public authority” includes—
a a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975,
b a government department,
c a county council, and
d a district council.
4 Regulations may be made under subsection (1) only if—
a a majority of the constituent councils consent to the making of the regulations, and
b in the case of regulations made in relation to a mayoral CCA, the mayor for the area of the CCA also consents to the making of the regulations.

Mayors for CCA areas

I227 Power to provide for election of mayor

1 The Secretary of State may by regulations provide for there to be a mayor for the area of a CCA.
2 A mayor for the area of a CCA is to be elected by the local government electors for that area in accordance with provision made by or under this Chapter.
3 In subsection (2) “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972.
4 Schedule 2 makes further provision about the election of mayors for areas of CCAs.
5 A mayor for the area of a CCA is entitled to the style of “mayor”.
6 A mayor for the area of a CCA is by virtue of that office a member of, and the chair of, the CCA.
7 Regulations under subsection (1) providing for there to be a mayor for the area of a CCA may not be revoked by making further regulations under subsection (1); but this does not prevent the making of regulations under section 26(1) abolishing the CCA (together with the office of mayor).
8 In this Chapter “mayoral CCA” means a CCA for an area for which provision is made in regulations under subsection (1) for there to be a mayor.

I63628 Requirements in connection with regulations under section 27

1 The Secretary of State may make regulations under section 27(1) in relation to a CCA’s area if a proposal for there to be a mayor for the CCA’s area has been made to the Secretary of State—
a as part of a proposal under section 45, or
b in accordance with section 47.
2 Regulations under section 27(1) may also be made without any such proposal having been made if—
a the appropriate authorities consent, or
b in the case of an existing CCA, there are one or more non-consenting constituent councils but the CCA and at least two constituent councils consent.
3 Where regulations under section 27(1) are made by virtue of subsection (2)(b) of this section, the Secretary of State must make regulations under section 25(1)(b) to remove the area of each non-consenting constituent council from the existing area of the CCA.
4 For the purposes of this section “the appropriate authorities” are—
a the constituent councils, and
b in the case of regulations in relation to an existing CCA, the CCA.

I63729 Deputy mayors etc

1 The mayor for the area of a CCA must appoint one of the members of the authority to be the mayor’s deputy.
2 The deputy mayor holds office until the end of the term of office of the mayor, subject to subsection (3).
3 A person ceases to be the deputy mayor if at any time—
a the mayor removes the person from office,
b the person resigns as deputy mayor, or
c the person ceases to be a member of the CCA.
4 If a vacancy occurs in the office of deputy mayor, the mayor must appoint another member of the CCA to be deputy mayor.
5 The deputy mayor must act in place of the mayor if for any reason—
a the mayor is unable to act, or
b the office of mayor is vacant.
6 If for any reason—
a the mayor is unable to act or the office of mayor is vacant, and
b the deputy mayor is unable to act or the office of deputy mayor is vacant,
the other members of the CCA must act together in place of the mayor, taking decisions by a simple majority.
7 In this Chapter “deputy mayor”, in relation to a mayoral CCA, means the person appointed under this section by the mayor for the authority’s area.
8 References in this section to a member of a CCA do not include a non-constituent or associate member.

I63830 Functions of mayors: general

1 The Secretary of State may by regulations make provision for any function of a mayoral CCA to be a function exercisable only by the mayor.
2 In this Chapter references to “general functions”, in relation to a mayor for the area of a CCA, are to any functions exercisable by the mayor other than PCC functions (see section 33(3)).
3 The mayor may arrange—
a for the deputy mayor to exercise any general function of the mayor,
b for another member or officer of the CCA to exercise any such function,
c so far as authorised by regulations made by the Secretary of State—
i for a person appointed as the deputy mayor for policing and crime by virtue of regulations under paragraph 3(1) of Schedule 3, or
ii for a committee of the CCA, consisting of members appointed by the mayor (whether or not members of the CCA),
to exercise any such function.
4 The reference in subsection (3)(b) to a member of a CCA does not include a non-constituent or associate member.
5 Regulations under subsection (3)(c)(ii) may include provision—
a about the membership of the committee;
b about the member of the committee who is to be its chair;
c about the appointment of members;
d about the voting powers of members (including provision for different weight to be given to the vote of different descriptions of member);
e about information held by the CCA that must, or must not, be disclosed to the committee for purposes connected to the exercise of the committee’s functions;
f applying (with or without modifications) sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).
6 Regulations under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.
7 Provision in regulations under subsection (1) for a function to be exercisable only by the mayor is subject to subsection (3); but the Secretary of State may by regulations provide that arrangements under subsection (3)—
a may authorise the exercise of general functions only of a description specified in the regulations, or
b may not authorise the exercise of general functions of a description so specified.
8 Any general function exercisable by the mayor for the area of a CCA by virtue of this Act is to be taken to be a function of the CCA exercisable—
a by the mayor individually, or
b in accordance with arrangements made by virtue of this section or section 32 or 34.
9 Regulations under this section may—
a include provision for general functions to be exercisable by the mayor subject to conditions or limitations specified in the regulations (including, for example, a condition for general functions to be exercisable only with the consent of the appropriate authorities (as defined by section 28(4)));
b provide for members or officers of a mayoral CCA to assist the mayor in the exercise of general functions;
c confer ancillary powers on the mayor for the purposes of the exercise of general functions;
d authorise the mayor to appoint one person as the mayor’s political adviser;
e provide for the terms and conditions of any such appointment;
f provide that functions that the mayoral CCA discharges in accordance with arrangements under section 101(1)(b) of the Local Government Act 1972 (discharge of local authority functions by another authority) are to be treated as general functions exercisable by the mayor (so far as authorised by the arrangements).
10 Provision under subsection (9)(c) may include provision conferring power on the mayor that is similar to any power exercisable by the mayoral CCA—
a under section 49 (general power of CCA), or
b under regulations made under section 52(1) (general power of competence),
but the power conferred on the mayor may not include a power to borrow money.
11 Except as provided for by section 24(7), regulations under this section may be made only with the consent of—
a the appropriate authorities (as defined by section 28(4)), and
b in the case of regulations made in relation to an existing mayoral CCA, the mayor of the CCA.
12 Where regulations under this section are contained in the same instrument as regulations made by virtue of section 28(2)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (11).
13 The requirement in subsection (11) does not apply where the regulations are made under section 19(1) and subsection (1) of this section in relation to an existing mayoral CCA and provide for a function—
a to be a function of the CCA, and
b to be a function exercisable only by the mayor.
See section 31 in relation to regulations of this kind.

I63931 Procedure for direct conferral of general functions on mayor

1 This section applies in relation to regulations which are made under sections 19(1) and 30(1) in relation to an existing mayoral CCA and provide for a function—
a to be a function of the CCA, and
b to be a function exercisable only by the mayor.
2 The Secretary of State may make the regulations only if a request for the making of the regulations has been made to the Secretary of State by the mayor.
3 Before submitting a request under this section, the mayor must consult the constituent councils.
4 A request under this section must contain—
a a statement by the mayor that all of the constituent councils agree to the making of the regulations, or
b if the mayor is unable to make that statement, the reasons why the mayor considers the regulations should be made even though not all of the constituent councils agree to them being made.

I32732 Joint exercise of general functions

1 The Secretary of State may by regulations make provision for, or in connection with, permitting arrangements under section 101(5) of the Local Government Act 1972 to be entered into in relation to general functions of a mayor for the area of a CCA.
2 Provision under subsection (1) may include provision—
a for the mayor for the area of a CCA to be a party to the arrangements in place of, or jointly with, the CCA;
b about the membership of any joint committee;
c about the member of the joint committee who is to be its chair;
d about the appointment of members to a joint committee;
e about the voting powers of members of a joint committee (including provision for different weight to be given to the vote of different descriptions of member).
3 Provision under subsection (2)(b) to (d) may include provision for the mayor or other persons—
a to determine the number of members;
b to have the power to appoint members (whether or not members of the CCA or a local authority that is a party to the arrangements).
4 Provision under subsection (2)(d) may include provision as to the circumstances in which appointments to a joint committee need not be made in accordance with sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).
5 In this section references to a joint committee are to a joint committee falling within section 101(5)(a) of the Local Government Act 1972 that is authorised to discharge, by virtue of regulations under this section, general functions of a mayor for the area of a CCA.

Police and crime and fire and rescue functions

I64033 Functions of mayors: policing

1 The Secretary of State may by regulations provide for the mayor for the area of a CCA to exercise functions of a police and crime commissioner in relation to that area.
2 The reference in subsection (1) to functions of a police and crime commissioner is to any functions conferred on police and crime commissioners by or under—
a Part 1 of the Police Reform and Social Responsibility Act 2011, or
b any other Act (whenever passed).
3 In this Chapter references to “PCC functions”, in relation to a mayor for the area of a CCA, are to the functions of a police and crime commissioner that are exercisable by the mayor by virtue of subsection (1).
4 Regulations under subsection (1) may be made in relation to an existing mayoral CCA only with the consent of the mayor of the CCA.
5 If regulations are made under subsection (1) in relation to a CCA’s area—
a the Secretary of State must by regulations provide that there is to be no police and crime commissioner for that area as from a specified date;
b the Secretary of State may by regulations provide that any election of a police and crime commissioner for that area that would otherwise take place (whether before or after the specified date) by virtue of section 50(1)(b) of the Police Reform and Social Responsibility Act 2011 is not to take place.
6 Regulations under subsection (5) may include provision—
a for the term of office of a police and crime commissioner to continue until the date specified in regulations under subsection (5)(a) (in spite of section 50(7)(b) of the Police Reform and Social Responsibility Act 2011);
b for an election to fill a vacancy in the office of a police and crime commissioner, which otherwise would take place under section 51 of that Act, not to take place if the vacancy occurs within a period of six months ending with the specified date.
7 Schedule 3 contains further provision in connection with regulations under this section.
8 Any PCC function exercisable by the mayor for the area of a CCA by virtue of this Act is to be taken to be a function of the CCA exercisable—
a by the mayor acting individually, or
b by a person acting under arrangements with the mayor made in accordance with provision made under Schedule 3.

I64134 Exercise of fire and rescue functions

1 This section applies to a mayor for the area of a CCA who—
a by virtue of section 30(1), may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and
b by virtue of section 33(1), may exercise functions of a police and crime commissioner.
2 The Secretary of State may by regulations make provision—
a authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the CCA to exercise fire and rescue functions exercisable by the mayor;
b authorising that chief constable to arrange for a person within subsection (4) to exercise the chief constable’s fire and rescue functions.
3 Regulations under subsection (2) may provide that arrangements made under the regulations—
a may authorise the exercise of any functions mentioned in that subsection;
b may authorise the exercise of any functions mentioned in that subsection other than those specified or described in the regulations;
c may authorise the exercise of such of the functions mentioned in that subsection as are specified or described in the regulations.
4 The persons mentioned in subsection (2)(b) are—
a members of the chief constable’s police force;
b the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;
c members of staff transferred to the chief constable under a scheme made by virtue of section 36(1);
d members of staff appointed by the chief constable under section 36(2).
5 Provision in regulations under section 30(1) for a function to be exercisable only by the mayor for the area of a CCA is subject to provision made by virtue of subsection (2).
6 This section is subject to—
a section 35 (section 34 regulations: procedure), and
b section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting).
7 In this section “fire and rescue functions”, in relation to a chief constable, means—
a functions which are exercisable by the chief constable by virtue of provision made under subsection (2)(a), and
b functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

I64235 Section 34 regulations: procedure

1 Regulations under section 34(2) may be made in relation to the mayor for the area of a CCA only if the mayor has requested the Secretary of State to make the regulations.
2 A request under subsection (1) must be accompanied by a report which contains—
a an assessment of why—
i it is in the interests of economy, efficiency and effectiveness for the regulations to be made, or
ii it is in the interests of public safety for the regulations to be made,
b a description of any public consultation which the mayor has carried out on the proposal for the regulations to be made,
c a summary of the responses to any such consultation, and
d a summary of the representations (if any) which the mayor has received about that proposal from the constituent members of the CCA.
3 Before making the request the mayor must publish, in such manner as the mayor thinks appropriate, the mayor’s response to the representations made or views expressed in response to any consultations on the proposal.
4 Subsections (5) to (7) apply if—
a the mayor for the area of a CCA makes a request under subsection (1) for the Secretary of State to make regulations under section 34(2), and
b at least two thirds of the constituent members of the CCA have indicated that they disagree with the proposal for the regulations to be made.
5 The mayor must, in providing the report under subsection (2), provide the Secretary of State with—
a copies of the representations (if any) made by the constituent members of the CCA about that proposal, and
b the mayor’s response to those representations and to the responses to any public consultation which the mayor has carried out on that proposal.
6 The Secretary of State must—
a obtain an independent assessment of that proposal, and
b in deciding whether to make the regulations, have regard to that assessment and to the material provided under subsection (5) (as well as the material provided under subsection (2)).
7 The Secretary of State must publish the independent assessment—
a as soon as is reasonably practicable after making a determination in response to the proposal, and
b in such manner as the Secretary of State thinks appropriate.
8 Regulations under section 34(2) may be made only if it appears to the Secretary of State that—
a it is in the interests of economy, efficiency and effectiveness for the regulations to be made, or
b it is in the interests of public safety for the regulations to be made.
9 The Secretary of State may not make regulations under section 34(2) in a case within subsection (8)(a) of this section if the Secretary of State thinks that the regulations would have an adverse effect on public safety.
10 The Secretary of State may, in making regulations under section 34(2) in relation to the mayor for the area of a CCA, give effect to the mayor’s proposal for the regulations with such modifications as the Secretary of State thinks appropriate.
11 Before making regulations which give effect to such a proposal with modifications, the Secretary of State must consult the mayor and the CCA on the modifications.
12 In this section “constituent member”, in relation to a CCA, means a member of the CCA appointed by a constituent council (but does not include the mayor for the area of the CCA).

I64336 Section 34 regulations: further provision

1 Regulations under section 34(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities)—
a from a fire and rescue authority or the CCA to the chief constable, or
b from the chief constable to the CCA,
(including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011).
2 A chief constable to whom regulations under section 34(2) apply may appoint staff for the purpose of the exercise of the chief constable’s fire and rescue functions.
3 A chief constable to whom regulations under section 34(2) apply may—
a pay remuneration, allowances and gratuities to members of the chief constable’s fire and rescue staff;
b pay pensions to, or in respect of, persons who are or have been such members of staff;
c pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.
4 In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.
5 Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.
6 Where regulations under section 34(2) are in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force’s chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions.
7 Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.
8 In subsection (7)—
  • “finance officer for fire functions” means a member of a chief constable’s fire and rescue staff who—
    1. is not a chief finance officer of the kind mentioned in subsection (6), and
    2. is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions;
  • “finance officer for police functions” means a member of a chief constable’s civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—
    1. is not a chief finance officer of the kind mentioned in subsection (6), and
    2. is employed to carry out duties relating to the proper administration of a police force’s financial affairs.
9 Where regulations under section 34(2) are in force, the CCA to which the regulations apply must pay—
a any damages or costs awarded against the chief constable to whom the regulations apply in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff;
b any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;
c any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff, if the settlement is approved by the CCA.
10 Where regulations under section 34(2) are in force, the CCA to which the regulations apply may, in such cases and to such extent as appears to the CCA to be appropriate, pay—
a any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the regulations apply in proceedings for any unlawful conduct of that member of staff;
b costs incurred and not recovered by such a member of staff in such proceedings;
c sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.
11 In this section—
  • “fire and rescue functions” has the same meaning as in section 34;
  • “fire and rescue staff”, in relation to a chief constable to whom regulations under section 34(2) apply, means—
    1. staff transferred to the chief constable under a scheme made by virtue of subsection (1);
    2. staff appointed by the chief constable under subsection (2).

I64437 Section 34 regulations: exercise of fire and rescue functions

1 This section applies if—
a regulations under section 34(2) make provision in relation to the area of a CCA, and
b by virtue of the regulations, fire and rescue functions exercisable by the mayor for the area of the CCA are exercisable by the chief constable of the police force for the police area which corresponds to that area.
2 The chief constable must secure that good value for money is obtained in exercising—
a functions which are exercisable by the chief constable by virtue of the regulations, and
b functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.
3 The chief constable must secure that other persons exercising functions by virtue of the regulations obtain good value for money in exercising those functions.
4 The mayor must—
a secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the regulations,
b secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,
c secure that functions which are exercisable by the chief constable or another person by virtue of the regulations are exercised efficiently and effectively, and
d secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.
5 The mayor must hold the chief constable to account for the exercise of such functions.

I33238 Section 34 regulations: complaints and conduct matters etc

1 If regulations are made under section 34(2) that enable arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by regulations amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.
2 If regulations are made under section 34(2) that enable arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 36(1) or appointed by a chief constable under section 36(2), the Secretary of State may by regulations make provision of the type described in subsection (3) in relation to those members of staff.
3 The provision referred to in subsection (2) is—
a provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;
b provision applying (with or without modifications) any provision made by or under Part 2 of that Act.
4 The Secretary of State may by regulations, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.
5 Before making regulations under this section the Secretary of State must consult—
a the Police Advisory Board for England and Wales,
b the Director General of the Independent Office for Police Conduct,
c such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
d such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and
e such other persons as the Secretary of State considers appropriate.

I64539 Section 34 regulations: application of fire and rescue provisions

1 The Secretary of State may by regulations—
a apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);
b make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.
2 Those persons are—
a a chief constable of a police force for a police area to whom regulations under section 34(2) apply,
b a member of staff transferred to such a chief constable under a scheme made by virtue of section 36(1),
c a member of staff appointed by such a chief constable under section 36(2),
d a member of such a chief constable’s police force by whom functions are exercisable by virtue of section 34(2)(b), and
e a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) by whom functions are exercisable by virtue of section 34(2)(b).
3 The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.
4 The Secretary of State may by regulations amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).
5 In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority).
6 References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

I64640 Section 34 regulations: application of local policing provisions

1 The Secretary of State may by regulations—
a apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2);
b make, in relation to such a person, provision corresponding or similar to any provision of a local policing enactment.
2 Those persons are—
a a mayor for the area of a CCA to whom regulations under section 34(2) apply,
b a chief constable to whom such regulations apply, and
c a panel established by virtue of regulations under paragraph 4 of Schedule 3 for such an area.
3 The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a local policing enactment or make provision corresponding or similar to any such provision.
4 The Secretary of State may by regulations amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).
5 In this section “local policing enactment” means an enactment relating to a police and crime commissioner.
6 References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

Financial matters relating to mayors

I33341 Mayors for CCA areas: financial matters

1 The Secretary of State may by regulations make provision for the costs of a mayor for the area of a CCA that are incurred in, or in connection with, the exercise of mayoral functions to be met from precepts issued by the CCA under section 40 of the Local Government Finance Act 1992.
2 The function of issuing precepts under Chapter 4 of Part 1 of the Local Government Finance Act 1992 in respect of mayoral functions is to be a function exercisable only by the mayor acting on behalf of the CCA.
3 The Secretary of State may by regulations modify the application of Chapter 4 or 4ZA of Part 1 of the Local Government Finance Act 1992 so far as applying to cases where the precepting authority in question under that Chapter is a mayoral CCA.
4 Where the mayoral functions of a mayor include PCC functions—
a the provision made by virtue of subsection (3) must include provision to ensure that the council tax requirement calculated under section 42A of the Local Government Finance Act 1992 consists of separate components in respect of the mayor’s PCC functions and the mayor’s general functions, and
b the function of calculating the component in respect of the mayor’s PCC functions is itself to be treated as a PCC function for the purposes of this Part.
5 The Secretary of State may by regulations make provision—
a requiring the mayor to maintain a fund in relation to receipts arising, and liabilities incurred, in the exercise of general functions;
b about the preparation of an annual budget in relation to the exercise of general functions.
(For power to make corresponding provision in relation to PCC functions, see paragraph 7 of Schedule 3.)
6 Provision under subsection (5)(b) may in particular include provision for—
a the mayor to prepare a draft budget;
b the draft to be scrutinised by—
i the other members of the CCA, and
ii a committee of the CCA appointed in accordance with paragraph 1(1) of Schedule 1;
c the making of changes to the draft as a result of such scrutiny;
d the approval of the draft by the CCA (including a power to veto the draft in circumstances specified in the regulations and the consequences of any such veto);
e the basis on which such approval is to be given.
7 The reference in subsection (6)(b)(i) to a member of a CCA does not include a non-constituent or associate member.
8 In this section “mayoral functions”, in relation to a mayor, means—
a the mayor’s general functions, and
b if the mayor exercises PCC functions, the mayor’s PCC functions.

Alternative mayoral titles

I33642 Alternative mayoral titles

1 At the first meeting of a mayoral CCA after regulations made under section 27(1) come into force, the CCA must, by a resolution in accordance with subsection (3)—
a provide that the mayor for the area of the CCA is to be known by the title of mayor, or
b change the title by which the mayor for the area of the CCA is to be known to an alternative title mentioned in subsection (2).
2 The alternative titles are—
a county commissioner;
b county governor;
c elected leader;
d governor;
e a title that the CCA considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the CCA.
3 The following requirements must be met in relation to the resolution mentioned in subsection (1)—
a particulars of the resolution must be included in the notice of the meeting,
b where the resolution includes a proposed alternative title mentioned in subsection (2)(e), the resolution must specify why the CCA considers that the title is more appropriate than the other alternative titles mentioned in subsection (2), and
c the resolution must be passed at the meeting by a simple majority of the members of the CCA who vote on it.
4 Subsections (5) and (6) apply where under this section a mayoral CCA changes the title by which the mayor for the area of the CCA is to be known to an alternative title.
5 The CCA must—
a send notice of the change to the Secretary of State,
b publish the notice in the area of the CCA in such manner as the CCA considers appropriate, and
c publish the notice in such other manner as the Secretary of State may direct.
6 Where this subsection applies—
a a reference in any enactment (whenever passed or made) to the mayor for the area of the CCA is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
b references to mayor, mayoral (except in the expression “mayoral CCA”) and deputy mayor are to be construed accordingly.
7 A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
8 In this section a reference to a member of a CCA does not include a non-constituent member.
9 In this section “enactment”—
a includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but
b does not include this section or section 43.

I33743 Alternative mayoral titles: further changes

1 This section applies where a mayoral CCA has—
a by a resolution under section 42 or by a previous resolution under this section, changed the title by which the mayor for the area of the CCA is to be known to an alternative title,
b by a resolution under section 42, provided that the mayor for the area of the CCA is to be known by the title of mayor, or
c by a previous resolution under this section, provided that the mayor for the area of the CCA is no longer to be known by an alternative title.
2 The CCA may, by a resolution in accordance with this section—
a in a subsection (1)(a) case—
i provide that the mayor is no longer to be known by the alternative title, or
ii change the title by which the mayor is to be known to an alternative title mentioned in subsection (3);
b in a subsection (1)(b) or (c) case, change the title by which the mayor is to be known to an alternative title mentioned in subsection (3).
3 The alternative titles mentioned in subsection (2) are as follows—
a county commissioner;
b county governor;
c elected leader;
d governor;
e a title that the CCA considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the CCA.
4 The following requirements must be met in relation to the resolution mentioned in subsection (2)—
a the resolution must be considered at a relevant meeting of the CCA,
b particulars of the resolution must be included in the notice of the meeting,
c where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the CCA considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
d the resolution must be passed at the meeting by a simple majority of the members of the CCA who vote on it.
5 In subsection (4)(a) “relevant meeting” means the first meeting of the CCA held after a qualifying election for the return of the mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.
6 Where under this section an authority provides that the mayor for the area of the CCA is no longer to be known by an alternative title, the CCA must—
a send notice of the change to the Secretary of State,
b publish the notice in the area of the CCA in such manner as the CCA considers appropriate,
c publish the notice in such other manner as the Secretary of State may direct.
7 Subsections (8) and (9) apply where under this section a CCA changes the title by which the mayor for the area of the CCA is to be known to an alternative title.
8 The authority must—
a send notice of the change to the Secretary of State, and
b publish the notice in the area of the CCA in such manner as the CCA considers appropriate,
c publish the notice in such other manner as the Secretary of State may direct.
9 Where this subsection applies—
a a reference in any enactment (whenever passed or made) to the mayor for the area of the CCA is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
b references to mayor, mayoral (except in the expression “mayoral CCA”) and deputy mayor are to be construed accordingly.
10 A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
11 Where a mayoral CCA to which section 42 applies does not pass a resolution as required by subsection (1) of that section, the authority is to be treated for the purposes of this section as if, at the meeting mentioned in that subsection, it had passed the resolution mentioned in section 42(1)(a) (providing that the mayor is to be known by the title of mayor).
12 In this section a reference to a member of a CCA does not include a non-constituent member.
13 In this section—
  • “enactment” has the same meaning as in section 42;
  • “qualifying election” means an election for the return of the mayor, other than—
    1. the first election for the return of the mayor, and
    2. an election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office.

I64744 Power to amend list of alternative titles

1 The Secretary of State may by regulations amend section 42(2) or 43(3) to add, modify or remove a reference to an alternative title or a description of an alternative title.
2 In its application to subsection (1), section 252(1)(c) (power for regulations to make consequential etc provision) includes power to make consequential amendments to section 42 or 43.

Requirements in connection with regulations about CCAs

I345 Proposal for new CCA

1 One or more authorities to which this section applies may—
a prepare a proposal for the establishment of a CCA for an area, and
b submit the proposal to the Secretary of State.
2 This section applies to the following authorities—
a a county council whose area is within the proposed area;
b a unitary district council whose area is within the proposed area;
c an economic prosperity board the whole or any part of whose area is within the proposed area;
d an Integrated Transport Authority the whole or any part of whose area is within the proposed area;
e a combined authority the whole or any part of whose area is within the proposed area.
3 In this section “the proposed area” means the area for which the CCA is proposed to be established.
4 Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—
a carry out a public consultation across the proposed area on the proposal, and
b have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.
5 The requirements in subsection (4) may be satisfied by things done before the coming into force of this section.
6 If a proposal under this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State.
7 A proposal under this section must specify the purposes to be achieved by the establishment of the CCA.
8 The Secretary of State may by regulations—
a make further provision about the matters which must be addressed by a proposal under this section;
b make provision about material which must be included in or submitted with a proposal under this section.

I64846 Requirements in connection with establishment of CCA

1 The Secretary of State may make regulations establishing a CCA for an area only if—
a the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,
b the Secretary of State considers that to do so is appropriate having regard to the need—
i to secure effective and convenient local government, and
ii to reflect the identities and interests of local communities,
c where a proposal for the establishment of the CCA has been submitted under section 45, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,
d the constituent councils consent, and
e any consultation required by subsection (3) has been carried out.
2 If a proposal for the establishment of the CCA has been submitted under section 45, the Secretary of State must have regard to the proposal in making the regulations.
3 The Secretary of State must carry out a public consultation unless—
a a proposal has been prepared under section 45,
b a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and
c the Secretary of State considers that no further consultation is necessary.
4 Subsection (5) applies where the Secretary of State is considering whether to make regulations establishing a CCA for an area and—
a part of the area is separated from the rest of it by one or more local government areas that are not within the area, or
b a local government area that is not within the area is surrounded by local government areas that are within the area.
5 In deciding whether to make the regulations, the Secretary of State must have regard to the likely effect of the creation of the proposed CCA on the exercise of functions equivalent to those of the proposed CCA’s functions in each local government area that is next to any part of the proposed CCA area.
6 In this Chapter “local government area” means the area of a county council or a district council.

I64947 Proposal for changes to existing arrangements relating to CCA

1 One or more authorities to which this section applies may—
a prepare a proposal for the making of regulations under section 10, 16, 18, 19, 21, 22, 25, 26, 27, 30 or 33 in relation to an existing CCA, and
b submit the proposal to the Secretary of State.
2 This section applies to the following authorities—
a the CCA;
b a county council whose area is within the area of the CCA;
c a unitary district council whose area is within the area of the CCA;
d in the case of a proposal for the making of regulations under section 25 to add the area of a county council to the area of the CCA, that county council;
e in the case of a proposal for the making of regulations under section 25 to add the area of a unitary district council to the area of the CCA, that unitary district council.
3 Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—
a carry out a public consultation across—
i the area of the CCA, and
ii in the case of a proposal for the making of regulations under section 25 to add a relevant local government area to the area of the CCA, that relevant local government area, and
b have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.
4 The requirements in subsection (3) may be satisfied by things done before the coming into force of this section.
5 Before a proposal under this section for the making of regulations is submitted to the Secretary of State, each person who would have to consent to the making of the regulations must consent to the submission of the proposal.
6 If a proposal under this section is submitted to the Secretary of State by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5).
7 In determining for the purposes of subsection (6) who would have to consent to the making of regulations under section 27, section 28(2)(b) (limited consent requirements) is to be disregarded.
8 A proposal under this section must specify the purposes to be achieved by the regulations which it proposes should be made.
9 The Secretary of State may by regulations—
a make further provision about the matters which must be addressed by a proposal under this section;
b make provision about material which must be included in or submitted with a proposal under this section.

I65048 Requirements for changes to existing arrangements relating to CCA

1 The Secretary of State may make regulations under section 10, 16, 18, 19, 21, 22, 25, 26, 27, 30 or 33 in relation to an existing CCA only if—
a the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,
b the Secretary of State considers that to do so is appropriate having regard to the need—
i to secure effective and convenient local government, and
ii to reflect the identities and interests of local communities,
c where a proposal for the making of the regulations has been submitted under section 47, the Secretary of State considers that making the regulations will achieve the purposes specified under subsection (8) of that section, and
d any consultation required by subsection (3) has been carried out.
2 If a proposal for the making of the regulations has been submitted under section 47, the Secretary of State must have regard to the proposal in making the regulations.
3 The Secretary of State must carry out a public consultation unless—
a a proposal has been prepared under section 47,
b a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and
c the Secretary of State considers that no further consultation is necessary.
4 Subsection (5) applies where the Secretary of State is considering whether to make regulations under section 25 and—
a part of the area to be created is separated from the rest of it by one or more local government areas that are not within the area, or
b a local government area that is not within the area to be created is surrounded by local government areas that are within the area.
5 In deciding whether to make the regulations under section 25, the Secretary of State must have regard to the likely effect of the change to the CCA’s area on the exercise of functions equivalent to those of the CCA’s functions in each local government area that is next to any part of the area to be created by the regulations.
6 This section does not apply to regulations under section 25(1)(b) that are made as a result of the duty in section 28(3).

General powers of CCAs

I65149 General power of CCA

1 A CCA may do—
a anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),
b anything it considers appropriate for purposes incidental to its functional purposes,
c anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,
d anything it considers to be connected with—
i any of its functions, or
ii anything it may do under paragraph (a), (b) or (c), and
e for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.
2 Where subsection (1) confers power on a CCA to do something, it confers power (subject to section 50) to do it anywhere in the United Kingdom or elsewhere.
3 Power conferred on a CCA by subsection (1) is in addition to, and is not limited by, its other powers.
4 This section does not apply in relation to a CCA in respect of which regulations under section 52(1) have effect.

I65250 Boundaries of power under section 49

1 Section 49(1) does not enable a CCA to do anything which it is unable to do by virtue of a relevant limitation which is expressed to apply—
a to its power under section 49(1),
b to all of its powers, or
c to all of its powers but with exceptions that do not include its power under section 49(1).
2 If exercise of a relevant power of a CCA is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 49(1) so far as that power is overlapped by the relevant power.
3 Section 49(1) does not authorise a CCA to borrow money.
4 Section 49(1)(a) to (d) does not authorise a CCA to charge a person for anything done by it otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of CCAs and other best value authorities to charge for discretionary services)).
5 Section 49(1)(e) does not authorise a CCA to do things for a commercial purpose in relation to a person if a statutory provision requires it to do those things in relation to the person.
6 Where under section 49(1)(e) a CCA does things for a commercial purpose, it must do them through—
a a company within the meaning given by section 1(1) of the Companies Act 2006,
b a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or
c a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.
7 In this section—
  • “relevant limitation” means a prohibition, restriction or other limitation imposed by a statutory provision;
  • “relevant power” means a power conferred by a statutory provision;
  • “statutory provision” means a provision of an Act or of an instrument made under an Act.

I65351 Power to make provision supplemental to section 49

1 The Secretary of State may by regulations make provision preventing CCAs from doing under section 49(1) anything which is specified, or is of a description specified, in the regulations.
2 The Secretary of State may by regulations provide for the exercise by CCAs of power conferred by section 49(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations.
3 The power under subsection (1) or (2) may be exercised in relation to—
a all CCAs,
b particular CCAs, or
c particular descriptions of CCAs.
4 Before making regulations under subsection (1) or (2) the Secretary of State must consult—
a such representatives of CCAs,
b such representatives of local government, and
c such other persons (if any),
as the Secretary of State considers appropriate.
5 Subsection (4) does not apply to regulations under subsection (1) or (2) which are made only for the purpose of amending earlier such regulations—
a so as to extend the earlier regulations, or any provision of the earlier regulations, to a particular CCA or to CCAs of a particular description, or
b so that the earlier regulations, or any provision of the earlier regulations, ceases to apply to a particular CCA or to CCAs of a particular description.

I65452 General power of competence

1 The Secretary of State may by regulations provide for Chapter 1 of Part 1 of the Localism Act 2011 (which confers a general power of competence on local authorities) to have effect in relation to a CCA specified in the regulations as it has effect in relation to a local authority.
2 Regulations under subsection (1) may be made only with the consent of the appropriate authorities (as defined by section 28(4)).
3 Where regulations under subsection (1) are contained in the same instrument as regulations made by virtue of section 28(2)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (2).

Supplementary

I65553 Incidental etc provision

1 The Secretary of State may by regulations make incidental, consequential, transitional, transitory or supplementary provision for the purposes of, or in consequence of, regulations under this Chapter or for giving full effect to such regulations.
2 Regulations under subsection (1) may not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

I34154 Transfer of property, rights and liabilities

1 The Secretary of State may by regulations make provision for the transfer of property, rights and liabilities (including criminal liabilities) for the purposes of, or in consequence of, regulations under this Chapter or for giving full effect to such regulations.
2 Property, rights and liabilities may be transferred by—
a the regulations,
b scheme made by the Secretary of State under the regulations, or
c a scheme required to be made under the regulations by a person other than the Secretary of State.
3 A transfer by virtue of this section may have effect—
a whether or not the property, rights and liabilities would otherwise be capable of being transferred;
b without any instrument or formality being required.
4 The rights and liabilities which may be transferred by virtue of this section include rights and liabilities in relation to a contract of employment.
5 The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer by virtue of this section (whether or not the transfer is a relevant transfer for the purposes of those regulations).
6 Regulations under this section or a scheme made under them may define the property, rights and liabilities to be transferred by specifying or describing them.
7 Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—
a for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred;
b for the shared ownership or use of any property or facilities;
c for the management or custody of transferred property;
d for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.
8 Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—
a for the continuing effect of things done by the transferor in relation to anything transferred;
b for the continuation of things (including legal proceedings) in the process of being done, by or on behalf of or in relation to the transferor in relation to anything transferred;
c for references to the transferor in any agreement (whether written or not), instrument or other document in relation to anything transferred to be treated (so far as necessary for the purposes of or in consequence of the transfer) as references to the transferee.

I65655 Guidance

1 The Secretary of State may give guidance about anything that could be done under or by virtue of this Chapter by an authority to whom this section applies.
2 An authority to whom this section applies must have regard to any guidance given under this section in exercising any function conferred or imposed by or by virtue of this Chapter.
3 Any guidance under this section must be given in writing and may be varied or revoked by further guidance in writing.
4 Any such guidance may make different provision for different cases and different provision for different areas.
5 This section applies to—
a a county council;
b a district council;
c an Integrated Transport Authority;
d a combined authority;
e a CCA.

I65756 Consequential amendments

Schedule 4 (combined county authorities: consequential amendments) has effect.

I65857 Interpretation of Chapter

In this Chapter—
  • “associate member” has the meaning given by section 12(1);
  • “CCA” has the meaning given by section 9(1);
  • “combined authority” has the meaning given by section 9(5);
  • “constituent council” has the meaning given by section 10(11);
  • “deputy mayor” has the meaning given by section 29(7);
  • “economic prosperity board” has the meaning given by section 9(5);
  • “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;
  • “general functions” has the meaning given by section 30(2);
  • “Integrated Transport Authority” has the meaning given by section 9(5);
  • “local government area” has the meaning given by section 46(6);
  • “mayor”, in relation to the area of a CCA, means the mayor for the area of the CCA by virtue of regulations under section 27(1);
  • “mayoral CCA” has the meaning given by section 27(8);
  • “nominating body” means a body designated under section 11(1);
  • “non-constituent member” has the meaning given by section 11(3);
  • “PCC functions” has the meaning given by section 33(3);
  • “two-tier county council” has the meaning given by section 9(5);
  • “unitary county council” has the meaning given by section 9(5);
  • “unitary district council” has the meaning given by section 9(5).

Chapter 2 Other provision

Combined authorities

I34258 Review of combined authority’s constitutional arrangements

After section 104C of the Local Democracy, Economic Development and Construction Act 2009 (inserted by section 64(8)) insert—

I459 Consent to changes to combined authority’s area

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 In section 104 (constitution of combined authority), after subsection (11) insert—
3 Section 106 (changes to boundaries of combined authority’s area) is amended in accordance with subsections (4) to (9).
4 For subsection (3A) substitute—
5 In subsection (3B), for “subsection (3A)(a)” substitute “subsections (3A)(a) and (3AA)(a)”.
6 In subsection (3C), after “subsection (3A)(a)” insert “or (3AA)(a)”.
7 After subsection (3C) insert—
8 For subsection (3D) substitute—
9 After subsection (3D) insert—

I560 Changes to mayoral combined authority’s area: additional requirements

1 An order under section 106 of the Local Democracy, Economic Development and Construction Act 2009 which adds a local government area to an existing area of a mayoral combined authority may only be made during the relevant period if the consultation requirements in subsection (2) are met.
2 The consultation requirements are as follows—
a the Secretary of State has consulted the Local Government Boundary Commission for England,
b the mayor for the area of the combined authority has consulted the residents of the local government area which is to be added to that area, and
c the mayor has given the Secretary of State a report providing information about the consultation carried out under paragraph (b), and the Secretary of State has laid the report before Parliament.
3 In this section, “the relevant period” means the period of 9 months beginning with the day on which this Act is passed.

I34361 Consent to conferral of general functions on mayor

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 In section 104 (constitution of combined authority), after subsection (11A) (inserted by section 59(2)) insert—
3 In section 105B (section 105A orders: procedure), after subsection (5) insert—
4 In section 107D (functions of mayors: general), after subsection (10) insert—
5 After section 107D insert—

I662 Consent to conferral of police and crime commissioner functions on mayor

1 Section 107F of the Local Democracy, Economic Development and Construction Act 2009 (functions of mayors: policing) is amended as follows.
2 For subsection (4) substitute—
3 Omit subsection (9).

I34463 Functions in respect of key route network roads

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 In section 104, in subsection (10), for “An” substitute “Except as provided for by section 107ZA(7), an”.
3 In section 107D, in subsection (9), for “An” substitute “Except as provided for by section 107ZA(7), an”.
4 After section 107 insert—

I34564 Membership of combined authority

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 Section 104 (constitution of combined authority) is amended in accordance with subsections (3) to (7).
3 In subsection (2), for “85” substitute “85(1) to (3)”.
4 For subsection (2A) substitute—
5 After subsection (2A) insert—
6 Omit subsection (2C).
7 In subsection (11), for “subsection (10)” substitute “this section”.
8 After section 104 insert—
9 In section 105 (constitution of combined authority), after subsection (3) insert—
10 In section 107C (deputy mayors etc), after subsection (6) insert—
11 In section 107D (functions of mayors: general)—
a after subsection (3) insert—
, and
b after subsection (4) insert—
12 In section 107G (mayors for combined authority areas: financial provision), after subsection (6) insert—
13 In section 120 (interpretation), at the appropriate places insert—
;
, and
.

I34665 Proposal for establishment of combined authority

1 The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (8).
2 Omit sections 108 (review by authorities: new combined authority) and 109 (preparation and publication of scheme: new combined authority).
3 Before section 110 insert—
4 Section 110 (requirements in connection with establishment of combined authority) is amended in accordance with subsections (5) to (8).
5 In subsection (1), for paragraph (a) substitute—
.
6 For subsection (1A) substitute—
7 In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) substitute—
.
8 Omit subsection (4).
9 This section does not affect—
a the operation of section 108 of the Local Democracy, Economic Development and Construction Act 2009 in relation to a review that began before this section came into force, or
b the operation of section 109 of that Act in relation to the preparation and publication of a scheme following such a review.
10 The amendments made by subsections (5) to (8) do not apply to section 110 of that Act as it has effect in relation to—
a the making of an order in response to a scheme under section 109 of that Act, or
b the making of an order otherwise than in response to a scheme, where a draft of the statutory instrument containing the order was laid before Parliament before the coming into force of this section.

I766 Proposal for changes to existing combined arrangements

1 The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (9).
2 Omit sections 111 (review by authorities: existing combined authority) and 112 (preparation and publication of scheme: existing combined authority).
3 Before section 113 insert—
4 Section 113 (requirements in connection with changes to existing combined arrangements) is amended in accordance with subsections (5) to (9).
5 In subsection (1), for “106 or 107” substitute “105A, 106, 107, 107A, 107D or 107F”.
6 In subsection (1), for paragraph (a) (and the “and” at the end of that paragraph) substitute—
.
7 For subsection (1A) substitute—
8 In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) substitute—
.
9 Omit subsection (3).
10 This section does not affect—
a the operation of section 111 of the Local Democracy, Economic Development and Construction Act 2009 in relation to a review that began before this section came into force, or
b the operation of section 112 of that Act in relation to the preparation and publication of a scheme following such a review.
11 The amendments made by subsections (5) to (9) do not apply to section 113 of that Act as it has effect in relation to—
a the making of an order in response to a scheme under section 112 of that Act, or
b the making of an order otherwise than in response to a scheme, where a draft of the statutory instrument containing the order was laid before Parliament before the coming into force of this section.
12 The requirement to consult under section 113(2) of the Local Democracy, Economic Development and Construction Act 2009, as amended by this section, may be satisfied by consultation before (as well as after) the passing of this Act.

I34767 Consequential amendments relating to section 65 and 66

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 In section 105B (section 105A orders: procedure)—
a in subsection (1)—
i in paragraph (a), for “by the appropriate authorities,” substitute
, and
ii in paragraph (b), for the words from “the exercise” to the end of the paragraph substitute “the economic, social and environmental well-being of some or all of the people who live or work in the area or areas to which the order relates”, and
b omit subsection (11).
3 In section 107B (requirements in connection with orders under section 107A)—
a in subsection (1), for “by the appropriate authorities,” substitute
, and
b omit subsection (2).
4 The amendments made by this section do not affect the operation of section 105B or 107B of the Local Democracy, Economic Development and Construction Act 2009 in relation to a proposal under that section made before the coming into force of this section.

I34868 Regulations applying to combined authorities

1 Section 117 of the Local Democracy, Economic Development and Construction Act 2009 (orders under Part 6) is amended as follows.
2 In the heading, after “Orders” insert “and regulations”.
3 In subsection (1), after “Orders” insert “and regulations”.
4 In subsection (1A), after “An order” insert “or regulations”.
5 After subsection (3) insert—
6 In subsection (4), after “Part” insert “or of regulations under section 104C(1) or (4)”.

I35769 Combined authorities and combined county authorities: power to borrow

In section 23 of the Local Government Act 2003 (meaning of “local authority” for the purposes of Part 1), after subsection (10) insert—

I34970 Payment of allowances to committee members

1 In Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009 (combined authorities: overview and scrutiny committees and audit committees)—
a in paragraph 3(2) (power by order to make further provision about overview and scrutiny committees), after paragraph (a) insert—
, and
b in paragraph 4(3) (power by order to make further provision about audit committees), after paragraph (b) insert—
2 In Schedule 5C to that Act (mayors for combined authority areas: police and crime commissioner functions), after paragraph 5 insert—

Local authority governance

I871 Timing for changes in governance arrangements

1 The Local Government Act 2000 is amended as follows.
2 In section 9KC (resolution of local authority)—
a in subsection (4)—
i the words from “Resolution B is approved” to the end of the subsection become paragraph (a), and
ii at the end of that paragraph insert
, and
b after subsection (4) insert—
3 In section 9MF (further provision with respect to referendums)—
a in subsection (1)—
i the words from “subsection (2)” to the end of the subsection become paragraph (a), and
ii at the end of that paragraph insert
, and
b after subsection (3) insert—

I972 Transfer of functions: changes in governance arrangements

1 The Local Government Act 2000 is amended in accordance with subsections (2) to (5).
2 In section 9KC (resolution of local authority), after subsection (5) insert—
3 In section 9MB (requirement to hold and give effect to referendum)—
a in subsection (4)—
i the words from “within the period” to the end of the subsection become paragraph (a), and
ii at the end of that paragraph insert
, and
b after subsection (5) insert—
4 In section 9MF (further provision with respect to referendums), after subsection (6) insert—
5 After section 9NB insert—
6 In section 17 of the Cities and Local Government Devolution Act 2016 (section 16: procedure etc)—
a in subsection (1)—
i omit the “and” at the end of paragraph (a), and
ii after paragraph (b) insert
, and
b after subsection (4) insert—

I36173 Power to transfer etc public authority functions to certain local authorities

In section 17 of the Cities and Local Government Devolution Act 2016 (procedure for making regulations under section 16)—
a in subsection (1)(b), for “the exercise of statutory functions” substitute “the economic, social and environmental well-being of some or all of the people who live or work”, and
b before subsection (5) insert—

Police and crime commissioners and the Mayor’s Office for Policing and Crime

I36474 Participation of police and crime commissioners at certain local authority committees

In section 102(9) of the Local Government Act 1972 (appointment of committees), for “to which the commissioner is appointed in accordance with this section”, substitute “described in subsection (6)”.

I1075 Disposal of land

In section 123 of the Local Government Act 1972 (disposal of land by principal councils), after subsection (2B) insert—

Alternative mayoral titles

I33876 Combined authorities: alternative mayoral titles

After section 107G of the Local Democracy, Economic Development and Construction Act 2009 insert—

I1177 Local authorities in England: alternative mayoral titles

1 The Local Government Act 2000 is amended as follows.
2 After section 9HE insert—
3 In section 105(6) (orders and regulations), after “9HE,” insert “9HF(9), 9HG(11),”.

Local government capital finance

I12I74078 Capital finance risk management

1 The Local Government Act 2003 is amended as follows.
2 After section 12 (power to invest) insert—
3 In section 2 (control of borrowing), in subsection (1)—
a after paragraph (b) insert “, or”, and
b after that paragraph insert—
4 In section 5 (temporary borrowing)—
a in subsection (1), after “section 4” insert “or 12A”, and
b in subsection (2), after “section 4(2)” insert “or 12A”.
5 In section 8 (control of credit arrangements), in subsection (1)—
a after paragraph (b) insert “, or”, and
b after that paragraph insert—
6 In section 12 (power to invest), at the end insert—
7 In section 19 (application to parish and community councils), in subsection (1) for “9 to 13” substitute “9 to 12, 13”.
8 In section 23 (meaning of “local authority” in Chapter 3 of Part 1), in subsection (4), after “1 to 8,” insert “12A to 12D,”.

Council tax

I1379 Long-term empty dwellings: England

1 In section 11B of the Local Government Finance Act 1992 (higher amount for long-term empty dwellings: England)—
a after subsection (1C) insert—
;
b in subsection (8), for “2 years” substitute “1 year”.
2 The amendments made by subsection (1) have effect for financial years beginning on or after 1 April 2024 (and, in relation to the amendment made by subsection (1)(b), it does not matter whether the period mentioned in section 11B(8) of the Local Government Finance Act 1992 begins before this section comes into force).

I1480 Dwellings occupied periodically: England

1 The Local Government Finance Act 1992 is amended in accordance with subsections (2) and (3).
2 After section 11B (higher amount for long-term empty dwellings: England) insert—
3 In consequence of the amendment made by subsection (2)—
a in section 11 (discounts), in subsection (2), after “11B” insert “, 11C”;
b in section 11A (discounts: special provision for England), in subsection (4C), at the end insert “and 11C(5)”;
c in section 13 (reduced amounts), in subsection (3), after “11B” insert “, 11C”;
d in section 66 (judicial review), in subsection (2)(b), after “11B” insert “, 11C”;
e in section 67 (functions to be discharged only by authority), in subsection (2)(a), after “11B insert “, 11C”;
f in section 113 (orders and regulations), in subsection (3), after “under section” insert “11D(3),”;
g in Schedule 2 (administration), in paragraph 4(7), after “: England),” insert “11C(1)(b) (higher amount for dwellings occupied periodically: England),”.
4 A determination for the purposes of section 11C of the Local Government Finance Act 1992 as inserted by subsection (2) may not relate to a financial year beginning before 1 April 2024 (but this does not affect the requirement for the determination to be made at least one year before the beginning of the financial year to which it relates).

Street names

I15I75781 Alteration of street names: England

1 In this section “local authority” means—
a a district council in England;
b a county council in England for an area for which there is no district council;
c a London borough council;
d the Common Council of the City of London.
2 A local authority within subsection (1)(a) or (b) may, by order, alter the name of a street, or any part of a street, in its area if the alteration has the necessary support.
3 Where a local authority has altered the name of a street, or any part of a street, under subsection (2), it may cause the altered name to be painted or otherwise marked on a conspicuous part of any building or other erection.
4 Any person who then wilfully, and without the consent of the local authority, obliterates, defaces, obscures, removes or alters the altered name painted or otherwise marked under subsection (3) is liable to a penalty not exceeding level 1 on the standard scale.
5 A local authority within subsection (1)(c) or (d) may exercise the power conferred by section 6(1) of the London Building Acts (Amendment) Act 1939 (assigning of names to streets etc) to make an order altering the name of a street, or any part of a street, in its area only if the alteration has the necessary support.
6 An alteration has the necessary support for the purposes of this section only if—
a it has sufficient local support, and
b where it is an alteration of a specified kind, it has any other support specified as a pre-condition for alterations of that kind.
7 Regulations may provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified in the regulations.
8 Regulations under subsection (7) may (amongst other things)—
a make provision enabling a referendum to be held by a local authority, on a question determined by it in accordance with the regulations, for the purposes of establishing whether an alteration has sufficient local support, including provision about the conduct and timing of a referendum and who is entitled to vote;
b provide that, where a local authority holds a referendum in accordance with regulations made by virtue of paragraph (a), the alteration may not be made unless one or both of the following apply—
i a specified percentage or number of those entitled to vote in the referendum exercise that right;
ii a specified majority of those who vote indicate their support for the alteration;
c provide that, where a local authority has run a process (“the first process”) for the purposes of this section which failed to establish that an alteration of the name of a street (or a part of a street) had sufficient local support, the local authority may not run another such process within a specified period in respect of—
i if the first process related to the name of a whole street, an alteration of the name of the same street or any part of it;
ii if the first process related to the name of a part of a street (“the original part”), an alteration of the name of the whole street, of the original part or of any other part which includes some or all of the original part.
9 A local authority must have regard to any guidance published by the Secretary of State about—
a the things to be done before a local authority decides to take steps to establish if an alteration has the necessary support for the purposes of this section;
b the exercise of other functions conferred on a local authority by or under this section.
10 No local Act operates to enable a local authority within subsection (1)(a) or (b) to alter the name of a street, or part of a street, in its area.
11 In this section—
  • “regulations” means regulations made by the Secretary of State;
  • “specified” means specified in regulations;
  • “street” has the meaning given by section 48(1) of the New Roads and Street Works Act 1991.
12 Schedule 5 contains amendments which are consequential on this section.

Other provision

I39682 Powers of parish councils

After section 19 of the Local Government Act 1894 (provisions as to small parishes), insert—

I39783 The Common Council of the City of London: removal of voting restrictions

1 In section 618 of the Housing Act 1985 (the Common Council of the City of London), omit subsections (3) and (4).
2 In section 224 of the Housing Act 1996 (the Common Council of the City of London), omit subsections (3) and (4).

Part 3 Planning

C3Chapter 1 Planning data

I16I78484 Power in relation to the processing of planning data

1 Regulations made by an appropriate authority under this Chapter (“planning data regulations”) may make provision requiring a relevant planning authority, in processing such of its planning data as is specified or described in the regulations, to comply with any approved data standards which are applicable.
2 “Planning data”, in relation to a relevant planning authority, means any information which is provided to, or processed by, the authority—
a for the purposes of a function under a relevant planning enactment, or
b for any other purpose relating to planning or development in England.
C43 “Approved data standards”, in relation to planning data, are such written standards, containing technical specifications or other requirements in relation to the data, or in relation to providing or processing the data, as may be published by an appropriate authority from time to time.
4 A devolved authority may only publish approved data standards in relation to planning data about which the devolved authority acting alone could make planning data regulations.

I17I78585 Power in relation to the provision of planning data

1 A relevant planning authority may by publishing a notice require a person, or persons of a particular description, in providing to the authority such planning data as is specified or described in planning data regulations, to provide the data—
a in any form and manner, or
b in a particular form and manner,
which complies with any approved data standards which are applicable.
2 A relevant planning authority may not impose a requirement under subsection (1)—
a on the Crown,
b on a court or tribunal, or
c in relation to the provision of planning data for the purposes of, or in contemplation of, legal proceedings before a court or tribunal.
3 If a relevant planning authority imposes a requirement under subsection (1) on a person, provision in a relevant planning enactment does not apply to the extent that it requires or permits the person to provide the planning data to the authority in a form or manner which is inconsistent with the requirement imposed under subsection (1).
4 Subsections (5) to (7) apply if—
a in providing planning data to a relevant planning authority, a person fails to comply with a requirement imposed under subsection (1), and
b the authority does not consider that the person has a reasonable excuse for the failure.
5 The authority may serve a notice on the person rejecting for such purposes as may be specified in the notice—
a all or any part of the planning data, and
b if the authority considers it appropriate to do so, any other information provided with the planning data or any document in or with which the planning data is provided.
6 Any planning data, other information or document rejected under subsection (5) is to be treated as not having been provided to the authority for the purposes specified in the notice.
7 If the planning data, other information or document is subsequently provided to the authority in a form and manner which complies with the requirement under subsection (1), the authority may treat the planning data, other information or document as having been provided at the time that it would have been provided had it not been rejected under subsection (5).
8 Planning data regulations may include provision about how the powers in this section are to be exercised, including provision about—
a the provision or publication of notices or other documents;
b the form and content of notices or other documents (and, for these purposes, the regulations may confer a discretion on a relevant planning authority);
c time limits;
d any other procedural matters.

I18I78686 Power to require certain planning data to be made publicly available

1 Planning data regulations may make provision requiring a relevant planning authority to make such of its planning data as is specified or described in the regulations available to the public under an approved open licence.
2 The power under subsection (1) does not include power to require a relevant planning authority to make planning data available in breach of—
a any obligation of confidence owed by the authority, or
b any other restriction on making the planning data available (however imposed).
3 An “approved open licence”, in relation to a planning authority’s planning data, means a licence—
a which sets out terms and conditions under which the planning data may be used by the public free of charge, and
b which is in such form and has such content as is, for the time being, specified or described in a document published by the Secretary of State.

I1987 Power to require use of approved planning data software in England

1 Planning data regulations made by the Secretary of State may make provision restricting or preventing a relevant planning authority in England from using or creating, or having any right in relation to, planning data software which—
a is specified or described in the regulations for the purposes of this subsection, but
b is not approved in writing by the Secretary of State.
2 “Planning data software” means software which is capable of being used for the purposes of enabling or facilitating the provision of planning data to, or the processing of planning data by, relevant planning authorities.

I2088 Disclosure of planning data does not infringe copyright in certain cases

1 A relevant planning authority that makes planning data available to a person does not, in doing so, infringe copyright if making the data available is necessary for the purposes of enabling or facilitating—
a the development of planning data software which is to be submitted for approval under section 87(1), or
b the upgrade, modification or maintenance of, or the provision of technical support in respect of, planning data software which is approved under section 87(1).
2 The person to whom the planning data is made available does not infringe any copyright by using it for the purpose mentioned in subsection (1) for which it is made available.

I21I78789 Requirements to consult devolved administrations

1 The Secretary of State may only make planning data regulations which contain provision—
a within Scottish devolved legislative competence, or
b which could be made by the Scottish Ministers,
with the consent of the Scottish Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
2 The Secretary of State may only make planning data regulations which contain provision that confers a function on, or modifies or removes a function of, the Scottish Ministers after consulting the Scottish Ministers, unless—
a that provision is contained in regulations which require the consent of the Scottish Ministers by virtue of subsection (1), or
b that provision is merely incidental to, or consequential on, provision that would be outside Scottish devolved legislative competence.
3 Provision is “within Scottish devolved legislative competence” where, if the provision were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament.
4 The Secretary of State may only make planning data regulations which contain provision within Welsh devolved legislative competence with the consent of the Welsh Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
5 The Secretary of State may only make planning data regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless—
a that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (4), or
b that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.
6 “Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
7 Provision is “within Welsh devolved legislative competence” where, if the provision were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown).
8 The Secretary of State may only make planning data regulations which contain provision within Northern Ireland devolved legislative competence with the consent of the relevant Northern Ireland department, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
9 The Secretary of State may only make planning data regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—
a that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (8), or
b that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.
10 The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.
11 Provision is within “Northern Ireland devolved legislative competence” where the provision—
a would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and
b would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.
12 In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

I22I78890 Planning data regulations made by devolved authorities

Schedule 13 contains restrictions on the exercise of the powers under this Chapter by devolved authorities.

I23I78991 Interpretation of Chapter

In this Chapter—
  • “appropriate authority” means—
    1. the Secretary of State,
    2. a devolved authority, or
    3. the Secretary of State acting jointly with one or more devolved authorities;
  • “approved data standards” has the meaning given in section 84(3);
  • “devolved authority” means—
    1. the Scottish Ministers,
    2. the Welsh Ministers, or
    3. a Northern Ireland department;
  • “planning data” has the meaning given in section 84(2);
  • “planning data regulations” has the meaning give in section 84(1);
  • “planning data software” has the meaning given in section 87(2);
  • “process”, in relation to information, means to perform an operation or set of operations on information, or on sets of information, such as—
    1. collection, recording, organisation, structuring or storage,
    2. adaptation or alteration,
    3. retrieval, consultation or use,
    4. disclosure by transmission, dissemination or otherwise making available,
    5. alignment or combination, or
    6. restriction, erasure or destruction;
  • “provided” includes submitted, issued, served, notified and published (and related expressions are to be construed accordingly);
  • “public authority” means any person certain of whose functions are of a public nature;
  • “relevant planning authority” means—
    1. a local planning authority (within the meaning given in section 15LH of PCPA 2004),
    2. a minerals and waste planning authority (within the meaning given in section 15LH of PCPA 2004),
    3. a hazardous substances authority (within the meaning given in the Hazardous Substances Act) in relation to land in England,
    4. a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,
    5. a combined county authority established under section 9 of this Act,
    6. the Greater London Authority,
    7. the Mayor of London,
    8. a Mayoral development corporation in relation to which a decision of the Mayor under any of subsections (2) to (5) of section 202 of the Localism Act 2011 has effect,
    9. an urban development corporation established, for an area in England, under section 135 of the Local Government, Planning and Land Act 1980,
    10. a development corporation established, in relation to a site in England, under section 3 of the New Towns Act 1981,
    11. the Secretary of State when exercising a function under a relevant planning enactment,
    12. a Panel or person who, pursuant to a decision of the Secretary of State under section 61(2) of the Planning Act 2008, is to handle an application for an order granting development consent,
    13. a public authority that has functions under Part 6 of this Act, or
    14. any other public authority prescribed by planning data regulations that has functions relating to—
      1. planning or development in England, or
      2. nationally significant infrastructure projects (within the meaning given in the Planning Act 2008);
  • “relevant planning enactment” means any enactment comprised in or made under—
    1. the Local Government, Planning and Land Act 1980, so far as relating to planning or development in England,
    2. the New Towns Act 1981, so far as relating to planning or development in England,
    3. TCPA 1990,
    4. the Listed Buildings Act,
    5. the Hazardous Substances Act,
    6. the Planning (Consequential Provisions) Act 1990,
    7. Part 8 of GLAA 1999,
    8. PCPA 2004,
    9. the Planning Act 2008,
    10. the Localism Act 2011, so far as relating to planning or development in England,
    11. this Part or Part 4 or 6 of this Act, or
    12. any other enactment prescribed by planning data regulations to the extent that it confers functions on a public authority relating to—
      1. planning or development in England, or
      2. nationally significant infrastructure projects (within the meaning given in the Planning Act 2008).

Chapter 2 Development plans etc

Development plans and national policy

I24I93192 Development plans: content

1 Section 38 of PCPA 2004 (development plan) is amended as follows.
2 In subsection (1), for “(2)” substitute “(2A)”.
3 For subsections (2) and (3) substitute—
4 For subsection (9) substitute—

I2593 Role of development plan and national policy in England

1 Section 38 of PCPA 2004 (development plan) is amended as follows.
2 After subsection (5) insert—
3 In subsection (6), for “If” substitute “For the purposes of any area in Wales, if”.
4 After subsection (9A) (inserted by section 92(4) of this Act) insert—
5 Schedule 6 amends various Acts relating to planning so that they provide that, in making a determination, regard is to be had to the development plan and any national development management policies.

I26I74394 National development management policies: meaning

After section 38 of PCPA 2004 insert—

Spatial development strategy for London

I2795 Contents of the spatial development strategy

1 Section 334 of GLAA 1999 (the spatial development strategy) is amended as follows.
2 For subsections (2) to (6) substitute—
3 After subsection (8) insert—

I2896 Adjustment of terminology

1 In section 337 of GLAA 1999 (publication of spatial development strategy)—
a for the heading substitute “Adoption.”;
b in subsection (1), for “publish” substitute “adopt”;
c after that subsection insert—
;
d in subsection (2), for “published” substitute “adopted”;
e in subsection (4), for “published”, in both places it occurs, substitute “adopted”;
f in subsection (5), for “publication” substitute “adoption”;
g in subsection (6), for “published” substitute “adopted”;
h in subsection (7), for “publish” substitute “adopt”;
i in subsection (8), for “publish” substitute “adopt”;
j in subsection (9), for “published” substitute “adopted”.
2 Also in GLAA 1999—
a in section 41(1)(c), for “published” substitute “adopted”;
b in section 43(5)(a), for “published”, in both places it occurs, substitute “adopted”;
c in section 334(1), for “publish” substitute “adopt”;
d in section 336—
i in subsection (1), for “publishes” substitute “adopts”;
ii in subsection (4), for “publish” substitute “adopt”;
e in section 338(1), for “publishing” substitute “adopting”;
f in section 341—
i in subsection (1), for “publish” substitute “adopt”;
ii in subsection (2), for “publish” substitute “adopt”;
iii in subsection (3), for “publication”, in both places it occurs, substitute “adoption”;
g in section 343(1)(c), after “publication,” insert “adoption,”.
3 In section 74(1C)(b) of TCPA 1990, for “published” substitute “adopted”.
4 Any reference in an enactment to a strategy, or alteration or replacement of a strategy, adopted under Part 8 of GLAA 1999 (or the adoption of it) includes reference to a strategy, alteration or replacement published under that Part before this section comes into force (or the publication of it).

Local planning

I29I926I96597 Plan making

Schedule 7 contains provision for, and in connection with, joint spatial development strategies, local plans, minerals and waste plans and supplementary plans.

Neighbourhood planning

I30I93298 Contents of a neighbourhood development plan

1 Section 38B of PCPA 2004 (provision that may be made by neighbourhood development plans) is amended as follows.
2 Before subsection (1) insert—
3 After subsection (2A) insert—
4 In subsection (4)(b), after “requiring” insert “or permitting”.

I31I93399 Neighbourhood development plans and orders: basic conditions

1 In paragraph 8(2) of Schedule 4B to TCPA 1990 (basic conditions for making neighbourhood development order or neighbourhood plan)—
a for paragraph (e) substitute—
;
b after paragraph (f) (but before the “and” at the end of that paragraph) insert—
.
2 In section 38C(5) of PCPA 2004 (neighbourhood development plans: modifications of Schedule 4B to TCPA 1990), in paragraph (d), for the words from “if” to the end substitute
3 In paragraph 11(2) of Schedule A2 to PCPA 2004 (modification of neighbourhood development plans: basic conditions)—
a for paragraph (c) substitute—
;
b after paragraph (d) (but before the “and” at the end of that paragraph) insert—
.

Requirement to assist with plan making

I32I924I934100 Requirement to assist with certain plan making

In Part 3 of PCPA 2004 (development), after section 39 (sustainable development) insert—

Minor and consequential amendments

I33I966101 Minor and consequential amendments in connection with Chapter 2

Schedule 8 contains minor and consequential amendments in connection with Chapter 2.

Chapter 3 Heritage

I34102 Regard to certain heritage assets in exercise of planning functions

1 After section 58A of TCPA 1990 insert—
2 In paragraph 8 of Schedule 4B to TCPA 1990 (matters to be considered in examining draft neighbourhood development order)—
a in sub-paragraph (2)—
i in paragraph (b), after “preserving” insert “or enhancing”;
ii after paragraph (c) insert—
;
b after sub-paragraph (4) insert—
3 In section 16 of the Listed Buildings Act (decisions on applications for listed building consent), in subsection (2), after “preserving” insert “or enhancing”.
4 In section 66 of the Listed Buildings Act (duty to have regard to listed buildings in the exercise of certain planning functions)—
za in subsection (1), after “preserving” insert “or enhancing”;
a after subsection (1) insert—
;
b in subsection (2), after “preserving” insert “or enhancing”.

I35I816103 Temporary stop notices in relation to listed buildings

1 The Listed Buildings Act is amended as follows.
2 After section 44A insert—
F83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 45 (concurrent enforcement functions in London of the Historic Buildings and Monuments Commission)—
a after “43” insert “and 44AA to 44AC”;
b after “those provisions” insert “, and in any provision of this Act referring to anything done under those provisions,”.
8 In section 46 (concurrent enforcement functions of the Secretary of State)—
a after subsection (1) insert—
;
b in subsection (2), after “(1)” insert “or (1A)”;
c after subsection (3) insert—
9 In section 82A(2) (exceptions from Crown application), after paragraph (f) insert—
.
10 In section 88 (rights of entry)—
a after subsection (3) insert—
;
F5b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 In section 88B (supplementary provision about rights of entry), after subsection (1) insert—
12 In Schedule 2 (lapse of building preservation notices)—
F6a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b after paragraph 4 insert—
;
F7c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I36104 Urgent works to listed buildings: occupied buildings and recovery of costs

1 The Listed Buildings Act is amended as follows.
2 In section 54 (urgent works to preserve listed buildings)—
a omit subsection (4);
b in subsection (5A), omit “in Wales”;
c after subsection (7) insert—
3 In section 55 (recovery of expenses of urgent works)—
a after subsection (2) insert—
;
b in subsection (5A)—
i after “Where” insert “the Secretary of State or”;
ii after “local authority” insert “or the Commission”;
c in subsection (5B)—
i for the words from “In” to “when the” substitute “As from the time when a”;
ii for “the Welsh Ministers may prescribe” substitute “may be prescribed”;
d after subsection (5B) insert—
;
e in subsection (5C), for “that time” substitute “the time mentioned in subsection (5B)”;
f after subsection (5G) insert—

I37I823105 Removal of compensation for building preservation notice

1 The Listed Buildings Act is amended as follows.
2 In section 3 (temporary listing in England: building preservation notices), after subsection (1) insert—
F93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 Grant and implementation of planning permission

I38I744106 Street votes

1 TCPA 1990 is amended in accordance with subsection (2).
2 After section 61Q (community right to build orders) insert—
3 Schedule 9 contains minor and consequential amendments in connection with this section.

I39I747107 Street votes: community infrastructure levy

1 The Planning Act 2008 is amended as follows.
2 In section 211(10) (amount of levy)—
a at the beginning insert “Except where subsection (11) applies,”, and
b from “, 213” to the end substitute “to 213 and 214(1) and (2) apply in relation to a revision of a charging schedule as they apply in relation to a charging schedule.”
3 After section 211(10) insert—
4 After section 212(11) (charging schedule: examination) insert—
5 After section 212A(7) (charging schedule: examiner’s recommendations) insert—
6 After section 213(5) (charging schedule: approval) insert—
7 After section 214(6) (charging schedule: effect) insert—
8 After section 214 (charging schedule: effect) insert—
9 In section 216(2) (application), after paragraph (f) insert—
10 After section 216(7) insert—

I437108 Street votes: modifications of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017

The Secretary of State may by regulations make provision modifying the application of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/517) in relation to the grant of planning permission by a street vote development order.

I339I898109 Crown development

1 TCPA 1990 is amended as follows.
2 After section 293A insert—
3 Schedule 10 contains consequential amendments.

I40110 Material variations in planning permission

1 TCPA 1990 is amended as follows.
2 After section 73A insert—
3 In section 62A (applications that may be made directly to the Secretary of State)—
a in subsection (2), after “73(1)” insert “, an application that is to be determined in accordance with section 73B”;
b in subsection (3)(d), after “73(1)” insert “nor an application that is to be determined in accordance with section 73B”.
4 In section 70A (power to decline to determine application similar to an earlier one)—
a in subsection (8), for “subsection (9)” substitute “subsections (9) to (11)”;
b at the end insert—
5 In section 70B (power to decline to determine application similar to a pending one)—
a in subsection (5), at the beginning insert “Subject to subsections (5A) and (5B),”;
b after subsection (5) insert—

I41I761111 Development commencement notices

1 TCPA 1990 is amended as follows.
2 After section 93 insert—
3 In section 56 (time when development begins), in subsection (3), after “92,” insert “93G,”.
4 In section 69 (register of applications etc)—
a in subsection (1), after paragraph (f) (inserted by section 114(4)(a)) insert—
;
b in subsection (2), after paragraph (c) (inserted by section 114(4)(b)) insert—

I365112 Completion notices

1 TCPA 1990 is amended as follows.
2 After section 93G insert—
3 Schedule 11 contains consequential amendments.
4 The amendments made by this section and Schedule 11 apply in relation to planning permission granted before, as well as to planning permission granted after, the coming into force of this section.
5 But a completion notice may not be served under section 93H of TCPA 1990 in a case where—
a before the coming into force of this section, a completion notice was served under section 94(2) of TCPA 1990, and
b that completion notice is awaiting confirmation under section 95 of TCPA 1990.

I403113 Power to decline to determine applications in cases of earlier non-implementation etc

1 TCPA 1990 is amended as follows.
2 After section 70C insert—
3 In section 56 (time when development begins), in subsection (3), after “61D(5) and (7),” insert “70D,”.
4 In section 76C (provisions applying to applications under section 62A), in subsection (1), for “70C” substitute “70D”.
5 In section 78 (right to appeal), in subsection (2)(aa), after “or 70C” insert “or 70D”.
6 In section 174 (appeal against enforcement notice), in subsection (2AA)(b) (as substituted by section 118 of this Act), for “or 70C” substitute “, 70C or 70D”.

I404114 Condition relating to development progress reports

1 TCPA 1990 is amended as follows.
2 In section 56(3) (time when development begun), after “89,” insert “90B,”.
3 Before section 91 (including the italic heading before that section) insert—
4 In section 69 (register of applications etc)—
a in subsection (1), after paragraph (e) insert—
;
b in subsection (2), after paragraph (b) insert—
.
5 In section 70 (determination of applications: general considerations), in subsection (1)(a), after “sections” insert “90B,”.
6 In section 73 (determination of applications to develop land after non-compliance), before subsection (4) insert—
7 In section 96A (power to make non-material changes to planning permission), before subsection (4) insert—
8 In section 97 (revocation or modification of planning permission), at the end insert—
9 In section 100ZA(13)(c) (restrictions on power to impose planning conditions in England), as amended by paragraph 3(12) of Schedule 14 to the Environment Act 2021, at the end insert “or the condition under section 90B (condition relating to development progress reports in England)”.
10 Until paragraph 3(12) of Schedule 14 to the Environment Act 2021 comes into force, section 100ZA(13)(c) has effect as if at the end there were inserted “but do not include the condition under section 90B (condition relating to development progress reports in England)”.

Chapter 5 Enforcement of planning controls

I42I808115 Time limits for enforcement

1 In section 171B of TCPA 1990 (time limits), in subsection (1), for the words from “four years” to the end substitute—
2 In that section, in subsection (2), for the words from “four years” to the end substitute—

I43I809116 Duration of temporary stop notices

1 Section 171E of TCPA 1990 (temporary stop notices) is amended as follows.
2 In subsection (7)(a), for “period of 28 days” substitute “relevant period”.
3 After subsection (7) insert—

I44I810117 Enforcement warning notices

1 TCPA 1990 is amended as follows.
2 In section 171A (expressions used in connection with enforcement), in subsection (2)—
a before paragraph (a) insert—
;
b in paragraph (aa), for “(defined in section 173ZA)” substitute “in relation to land in Wales under section 173ZA”.
3 Before section 172A insert—
4 In section 188 (register of enforcement and stop notices and other enforcement action) in subsection (1)—
a after paragraph (za) insert—
;
b in paragraph (aa), at the end insert “under section 173ZA (enforcement warning notice: Wales)”.
5 In that section, in subsection (2)—
a in paragraph (a), for “enforcement warning notice” substitute “enforcement warning notice under section 172ZA or 173ZA”;
b in paragraph (b), after “enforcement notices” insert “and enforcement warning notices under section 172ZA”.

I45I811118 Restriction on appeals against enforcement notices

In section 174 of TCPA 1990 (appeal against enforcement notice), for subsections (2A) and (2B) substitute —

I46I812119 Undue delays in appeals

1 TCPA 1990 is amended as follows.
2 In section 176 (determination of appeals relating to enforcement notices), at the end insert—
3 In section 195 (appeals relating to certificates of lawfulness), after subsection (3) insert—
4 In Schedule 6 (determination of certain appeals by person appointed by Secretary of State), in paragraph 2 (powers and duties of appointed person)—
a in sub-paragraph (1)(b) for “and (5)” substitute “, (5) and (6)”;
b in sub-paragraph (1)(c), for “and (3)” substitute “, (3) and (3A)”.

I47I813120 Penalties for non-compliance

1 In section 187A of TCPA 1990 (enforcement of conditions), in subsection (12), for the words from “to a fine” to the end substitute—
2 In section 216 of TCPA 1990 (penalty for non-compliance with section 215 notice)—
a in subsection (2), for the words from “to a fine” to the end substitute—
;
b in subsection (6), for “one-tenth of level 3 on the standard scale” substitute “the relevant amount”;
c after subsection (6) insert—

I405121 Power to provide relief from enforcement of planning conditions

After section 196D of TCPA 1990 insert—

Chapter 6 Other provision

I48I814122 Consultation before applying for planning permission

In section 122 of the Localism Act 2011 (consultation before applying for planning permission in England), omit subsections (3) and (4) (which provide for the expiry of sections 61W to 61Y of TCPA 1990).

I49I749123 Duty in relation to self-build and custom housebuilding

1 In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty to grant planning permissions etc)—
a in subsection (2)—
i omit “suitable”;
ii for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”;
iii for “arising in” substitute “in respect of”;
b after subsection (5) insert—
;
c in subsection (6), for paragraph (a) substitute—
;
d omit subsection (6)(c);
e in subsection (9)(b), for “arising in” substitute “in respect of”.
2 In section 4 of the Self-build and Custom Housebuilding Act 2015 (regulations), in subsection (2), before paragraph (za) insert—
.

I50I815124 Powers as to form and content of planning applications

1 Before section 327A of TCPA 1990 insert—
2 In section 62(2A) of TCPA 1990 (powers relating to applications for planning permission to include certain applications under conditions), before paragraph (a) insert—
.
3 In paragraph 14 of Schedule 7A to TCPA 1990 (biodiversity gain plans) at the end insert—
4 In section 17 of the Listed Buildings Act (conditions of listed building consent), after subsection (3) insert—
5 In section 89 of the Listed Buildings Act (application of general provisions of TCPA 1990)—
a in subsection (1), after the entry for section 323A insert—
;
b before subsection (1A) insert—
6 In section 10 of the Hazardous Substances Act (conditions of hazardous substance consent), after subsection (3) insert—
7 In section 37 of the Hazardous Substances Act (application of general provisions of TCPA 1990)—
a in subsection (2), after the entry for section 323A insert—
;
b at the end insert—

I51125 Additional powers in relation to planning obligations

In section 106A of TCPA 1990 (modification and discharge of planning obligations), after subsection (9) insert—

I434126 Fees for certain services in relation to nationally significant infrastructure projects

1 After section 54 of the Planning Act 2008 (rights of entry: Crown land) insert—

I435127 Power to shorten deadline for examination of development consent order applications

1 Section 98 of the Planning Act 2008 (timetable for examining, and reporting on, application for development consent order) is amended as follows.
2 After subsection (4) insert—
3 In subsection (6), after “subsection (4)” insert “or (4A)”.

I436128 Additional powers in relation to non-material changes to development consent orders

In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert—

I52I745129 Hazardous substances consent: connected applications to the Secretary of State

In section 62A of TCPA 1990 (when application may be made directly to the Secretary of State), in subsection (3)(a)—
a in sub-paragraph (i) omit “or”;
b after that sub-paragraph insert—
.

I406130 Regulations and orders under the Planning Acts

1 In section 333 of TCPA 1990 (regulations and orders)—
a after subsection (2A) insert—
;
b after subsection (7) insert—
2 In section 238 of TCPA 1990 (consecrated land), in subsection (5)(c), for the words from “contain” to the end substitute “in particular by virtue of section 333(2B) include provision as to the closing of registers”.
3 In TCPA 1990, omit the following—
a section 61Z2(3);
b section 106ZB(2)(a);
c in section 116(2), the words “and incidental or supplementary provision”;
d section 202G(4);
e section 303(6)(a);
f section 303ZA(4)(a);
g section 319A(10)(a);
h section 319B(10)(a);
i in Schedule 4D, paragraph 1(3).
4 In section 93 of the Listed Buildings Act (regulations and orders), for subsection (6) substitute—
5 In the Listed Buildings Act, omit the following—
a section 88D(9)(a);
b section 88E(9)(a).
6 In section 40 of the Hazardous Substances Act (regulations)—
a in the heading, after “Regulations” insert “and orders”;
b after subsection (4) insert—
7 In section 5 of the Hazardous Substances Act (power to prescribe hazardous substances), in subsection (3), for “to make such transitional provision” substitute “under section 40(5) for regulations under this section to make transitional provision”.
8 In the Hazardous Substances Act, omit the following—
a section 21A(9)(a);
b section 21B(9)(a).

I407131 Power for appointees to vary determinations as to procedure

In paragraph 2 of Schedule 6 to TCPA 1990 (powers and duties of appointed persons), in sub-paragraph (10)—
a for “does not apply” substitute “applies”;
b at the end insert “only for the purposes of subsection (4) of that section”.

I399132 Pre-consolidation amendment of planning, development and compulsory purchase legislation

1 The Secretary of State may by regulations make such amendments and modifications of the relevant enactments as in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with, the consolidation of some or all of those enactments.
2 “Relevant enactments” means—
a the enactments listed in subsection (3), and
b any other enactments, whenever passed or made, so far as relating to—
i planning or development, or
ii the compulsory purchase of land (including compensation for such purchases).
3 The enactments referred to in subsection (2)(a) are—
  • the Land Clauses Consolidation Act 1845;
  • the Railway Clauses Consolidation Act 1845;
  • sections 9, 13, 76 and 77 of the National Parks and Access to the Countryside Act 1949;
  • the Land Compensation Act 1961;
  • the Compulsory Purchase Act 1965;
  • the Agriculture Act 1967;
  • the Civic Amenities Act 1967;
  • the Land Compensation Act 1973;
  • sections 13 to 16 of (and Schedule 1 to) the Local Government (Miscellaneous Provisions) Act 1976;
  • Parts 13, 14, 16 and 18 of the Local Government, Planning and Land Act 1980;
  • the Compulsory Purchase (Vesting Declarations) Act 1981;
  • the Acquisition of Land Act 1981;
  • the New Towns Act 1981;
  • Part 3 of the Housing Act 1988;
  • TCPA 1990;
  • the Listed Buildings Act;
  • the Hazardous Substances Act;
  • the Planning and Compensation Act 1991;
  • Part 3 and section 96 of (and Schedule 14 to) the Environment Act 1995;
  • GLAA 1999;
  • PCPA 2004;
  • the Planning Act 2008;
  • the Planning and Energy Act 2008;
  • Chapter 3 of Part 5, Part 6 and Chapter 2 of Part 8 of the Localism Act 2011;
  • Parts 6 and 7 of the Housing and Planning Act 2016;
  • section 15 of the Neighbourhood Planning Act 2017;
  • Parts 3 to 9 of this Act.
4 For the purposes of this section, “amend” includes repeal and revoke (and similar terms are to be read accordingly).
5 Subsection (6) applies where, in the Secretary of State’s opinion, an amendment or modification made by regulations under this section facilitates or is otherwise desirable in connection with the consolidation of certain relevant enactments.
6 The regulations must provide that the amendment or modification comes into force immediately before an Act consolidating those relevant enactments comes into force.
7 Regulations under this section must not make any provision which is within—
a Scottish devolved legislative competence,
b Welsh devolved legislative competence, or
c Northern Ireland devolved legislative competence,
unless that provision is a restatement of provision or is merely incidental to, or consequential on, provision that would be outside that legislative competence.
8 For the purposes of subsection (7)—
a provision is within “Scottish devolved legislative competence” where, if it were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament;
b provision is within “Welsh devolved legislative competence” where, if it were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown);
c provision is within “Northern Ireland devolved legislative competence” where the provision—
i would be within the legislative competence of the Northern Ireland Assembly, if it were included in an Act of that Assembly, and
ii would not, if it were included in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.
9 In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

I659133 Participation in certain proceedings conducted by, or on behalf of, the Secretary of State

1 The Secretary of State may, to the extent not otherwise able to do so, require or permit a person who takes part in relevant proceedings conducted by the Secretary of State to do so (wholly or partly) remotely.
2 The references in subsection (1) to the Secretary of State include references to a person appointed by the Secretary of State.
3 “Relevant proceedings” means any inquiry, hearing, examination, meeting or other proceedings under an Act (whenever passed or made) which relate to planning, development or the compulsory purchase of land.
4 Relevant proceedings include, in particular—
a any proceedings to which section 319A of TCPA 1990 applies (see subsections (7) to (10) of that section);
b any proceedings under section 20 of, or paragraph 6 of Schedule 3 to, the Listed Buildings Act;
c any proceedings under section 21 of, or paragraph 6 of the Schedule to, the Hazardous Substances Act;
d any proceedings under section 13A of, or paragraph 4A of Schedule 1 to, the Acquisition of Land Act 1981;
e any proceedings under Part 10A or Part 11 of the Planning Act 2008;
f an examination under Part 2 of PCPA 2004;
g an examination under Chapter 2 or 3 of Part 6 of the Planning Act 2008 (including any meetings under Chapter 4 of that Part) in relation to an application for an order granting development consent;
h an examination under Schedule 4B to the TCPA 1990 in relation to a draft neighbourhood development order.
5 For the purposes of this section a person takes part in relevant proceedings remotely if they take part through—
a a live telephone link,
b a live television link, or
c any other arrangement which does not involve the person attending the proceedings in person.

I53134 Power of certain bodies to charge fees for advice in relation to applications under the Planning Acts

After section 303ZA of the TCPA 1990 (fees for appeals) insert—

I54I760135 Biodiversity net gain: pre-development biodiversity value and habitat enhancement

In Schedule 7A to the TCPA 1990 (biodiversity gain in England)—
a in paragraph 5(4), after “6” insert “, 6A, 6B”;
b after paragraph 6 insert—
;
c in paragraph 10—
i in sub-paragraph (1), after “habitat enhancement” insert “of an offsite habitat”;
ii after sub-paragraph (1) insert—
;
d in paragraph 12(1), after the definition of “onsite habitat” insert—

I660136 Development affecting ancient woodland

1 Before the end of the period of three months beginning with the day on which this Act is passed, the Secretary of State must vary the Town and Country Planning (Consultation) (England) Direction 2021 (“the 2021 Direction”) so that it applies in relation to applications for planning permission for development affecting ancient woodland.
2 In subsection (1) “ancient woodland” means an area in England which has been continuously wooded since at least the end of the year 1600 A.D.
3 This section does not affect whether or how the Secretary of State may withdraw or vary the 2021 Direction after it has been varied as mentioned in subsection (1).

Part 4 Infrastructure Levy and Community Infrastructure Levy

I55137 Infrastructure Levy: England

Schedule 12 makes provision for, and in connection with, the imposition, in England, of a charge to be known as Infrastructure Levy.

I56138 Power to designate Homes and Communities Agency as a charging authority

In section 14 of the Housing and Regeneration Act 2008 (contents of designation orders), after subsection (6) insert—

I57139 Restriction of Community Infrastructure Levy to Greater London and Wales

1 Part 11 of the Planning Act 2008 (Community Infrastructure Levy) is amended as follows.
2 In the Part heading, at the end insert “: Greater London and Wales”.
3 In section 205 (the levy)—
a in subsection (1), after “imposition” insert “, in Greater London and Wales,”;
b in subsection (3), in the Table, omit the second entry.
4 In section 206 (the charge)—
a in subsection (1), after “A charging authority” insert “in Greater London or Wales”;
b for subsection (3) substitute—
;
c in subsection (4)—
i in the words before paragraph (a), for “, or in the case of Greater London one of the charging authorities,” substitute “in Wales”;
ii in the words before paragraph (a), omit “, (3)(b) or (c)”;
iii in paragraph (a), at the end insert “in Wales, and”;
iv omit paragraphs (c) to (e);
d in subsection (5)—
i omit paragraph (a) (together with the “and” at the end of that paragraph);
ii in paragraph (b) omit “in relation to Wales”;
e omit subsection (6).
5 Omit section 207 (joint committees).
6 In section 223(1) (relationship with other powers), before paragraph (a) insert—
.

I58I748140 Enforcement of Community Infrastructure Levy

1 In section 218 of the Planning Act 2008 (enforcement), for subsections (11) and (12) substitute—

Part 5 Community land auction pilots

Community land auction arrangements

I59141 Community land auction arrangements and their purpose

1 In making CLA regulations the Secretary of State must aim to ensure that the overall purpose of community land auction arrangements is to ensure that costs incurred in—
a supporting the development of an area, and
b achieving any purpose specified under section 143(7), section 144(3) or section 145(3),
can be funded (wholly or partly) by owners or developers of land.
2 “CLA regulations” means regulations made under this Part by the Secretary of State.
3 A “community land auction arrangement” means an arrangement provided for in CLA regulations under which—
a a local planning authority is to invite anyone who has a freehold or leasehold interest in land in the authority’s area to offer to grant a CLA option over the land, with a view to the land being allocated for development in the next local plan for the authority’s area,
b any CLA option granted under the arrangement ceases to have effect if the land subject to the option is not so allocated when that plan is adopted or approved (unless the option has already been exercised or been withdrawn or otherwise ceased to have effect), and
c the local planning authority may—
i exercise the CLA option and dispose of the interest in the land to a person who proposes to develop the land,
ii exercise the CLA option with a view to developing the land itself, or
iii dispose of the CLA option to a person who proposes to exercise it and then develop the land.
4 A “CLA option”, in relation to land, means an option to acquire a freehold or leasehold interest in the land which—
a subject to CLA regulations under paragraph (c), can be—
i exercised by the local planning authority in whose area the land is situated, or
ii disposed of by that authority to any other person, on such terms as the authority considers appropriate,
b is granted under a community land auction arrangement, and
c meets any requirements imposed by CLA regulations.
5 CLA regulations under subsection (4)(c) may, in particular, include provision about—
a how long a CLA option must be capable of being exercised for;
b when, or the circumstances in which, a CLA option may or must be capable of being exercised;
c when, or the circumstances in which, a CLA option may or must cease to have effect;
d when, or the circumstances in which, a CLA option may or must be withdrawn;
e when, the circumstances in which or the terms on which, a CLA option may or must be disposed of;
f sums that are to be paid under or in connection with a CLA option (including provision permitting or requiring such sums to be adjusted to reflect changes in the value of money);
g the form and content of a CLA option.

I60142 Power to permit community land auction arrangements

1 This section applies where—
a CLA regulations provide that a local planning authority which is to prepare a local plan may put in place a community land auction arrangement in relation to that plan,
b the local planning authority resolves to do so (and that resolution has not been rescinded), and
c the community land auction arrangement has not come to an end.
2 The local plan may only allocate land in the authority’s area for development—
a if the land is subject to a CLA option or a CLA option has already been exercised in relation to it, or
b in circumstances which are prescribed by CLA regulations.
3 Any financial benefit that the local planning authority has derived, or will or could derive, from a CLA option may be taken into account—
a in deciding whether to allocate land which is subject to the option, or in relation to which the option has been exercised, for development in the local plan;
b in deciding whether the local plan is sound in an examination under Part 2 of PCPA 2004.
4 CLA regulations may make provision about how, or to what extent, any financial benefit may be taken into account under subsection (3) (including provision about how any financial benefit is to be weighed against any other considerations which may be relevant to whether the land should be allocated for development in the local plan or to whether the plan is sound).
5 References in this section to a local plan do not include references to a joint local plan (but see section 147 in relation to the application of this Part in relation to joint local plans).

CLA receipts

I61143 Application of CLA receipts

1 CLA regulations must require a local planning authority which receives sums that represent financial benefit derived from CLA options over land in its area (“CLA receipts”) to apply them, or cause them to be applied, to—
a support the development of an area by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or
b fund the operation of community land auction arrangements in relation to its area.
2 Subsection (1) is subject to the following provisions of this section and sections 144(1) to (3) and 145(2) and (3).
3 CLA regulations may make provision about the extent to which the CLA receipts received by a local planning authority may or must be applied to funding the provision, improvement, replacement, operation or maintenance of infrastructure of a particular description.
4 In this section (except subsection (6)) and sections 144(2), 145(2) and 146 “infrastructure” includes—
a roads and other transport facilities,
b flood defences,
c schools and other educational facilities,
d medical facilities,
e sporting and recreational facilities,
f open spaces, 
g affordable housing,
h facilities and equipment for emergency and rescue services,
i facilities and spaces which—
i preserve or improve the natural environment, or
ii enable or facilitate enjoyment of the natural environment, and
j facilities and spaces for the mitigation of, and adaptation to, climate change.
5 In subsection (4)(g) “affordable housing” means—
a social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and
b any other description of housing that CLA regulations may specify.
6 CLA regulations may amend this section so as to—
a add, remove or vary an entry in the list of matters included within the meaning of “infrastructure”;
b list matters excluded from the meaning of “infrastructure”.
7 CLA regulations may make provision about circumstances in which local planning authorities may apply a specified amount of CLA receipts, or cause a specified amount of CLA receipts to be applied, towards specified purposes which are not mentioned in subsection (1).
8 CLA regulations may specify—
a works, installations and other facilities whose provision, improvement or replacement may or is to be, or may not be, funded by CLA receipts,
b maintenance activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure that may or are to be, or may not be, funded by CLA receipts,
c things within subsection (1)(b) that may or are to be, or may not be, funded by CLA receipts,
d things within section 144(2) that may or are to be, or may not be, funded by CLA receipts passed to a person in discharge of a duty under section 144(1),
e things within section 145(2) that may or are to be, or may not be, funded by CLA receipts to which provision under section 145(2) relates,
f criteria for determining the areas that may benefit from funding by CLA receipts, and
g what is to be, or not to be, treated as funding.
9 The regulations may—
a require local planning authorities in relation to which section 142 applies to prepare and publish a list of what is to be, or may be, wholly or partly funded by CLA receipts;
b include provision about the procedure to be followed in preparing a list (which may include provision for consultation or for the appointment of an independent person or both);
c include provision about the circumstances in which a local planning authority may and may not apply CLA receipts to anything not included on the list;
d permit or require the list to be prepared and published as part of a CLA infrastructure delivery strategy (see section 146).
10 In making provision about funding the regulations may, in particular—
a permit CLA receipts to be used to reimburse expenditure already incurred;
b permit CLA receipts to be reserved for expenditure that may be incurred in the future;
c permit CLA receipts to be applied (either generally or subject to limits set by or determined in accordance with the regulations) to administrative expenses in connection with infrastructure or anything within section 144(2)(a)(ii) or section 145(2)(b) or otherwise in connection with a community land auction arrangement;
d include provision for the giving of loans, guarantees or indemnities;
e make provision about the application of CLA receipts where anything to which they were to be applied no longer requires funding.
11 The regulations may—
a require a local planning authority to account separately, and in accordance with the regulations, for CLA receipts received or due;
b require a local planning authority to monitor the use made and to be made of CLA receipts in its area;
c require a local planning authority to report on actual or expected collection and application of CLA receipts;
d permit a local planning authority to cause money to be applied in respect of things done outside its area;
e permit a local planning authority or other body to spend or retain money;
f permit a local planning authority to pass money to another body (and in paragraphs (a) to (e) a reference to a local planning authority includes a reference to a body to which a local planning authority passes money in reliance on this paragraph).
12 For the purposes of subsection (1) a financial benefit is derived from a CLA option if it arises as a consequence of the local planning authority—
a exercising the option and developing or disposing of the land which was subject to it, or
b disposing of the option.

I62144 Duty to pass CLA receipts to other persons

1 CLA regulations may require a local planning authority that receives CLA receipts in respect of development in an area to pass them to a person other than the authority.
2 CLA regulations imposing a duty under subsection (1) must contain provision to secure that any CLA receipts passed to a person in discharge of the duty are used to—
a support the development of the area to which the duty relates, or of any part of that area, by funding—
i the provision, improvement, replacement, operation or maintenance of infrastructure, or
ii anything else that is concerned with addressing demands that development places on an area, or
b fund the operation of community land auction arrangements in relation to land in the local planning authority’s area.
3 CLA regulations may make provision about circumstances in which a specified amount of the CLA receipts may be used for specified purposes which are not mentioned in subsection (2).
4 A duty under subsection (1) may relate to—
a the whole of a local planning authority’s area or the whole of the combined area of two or more local planning authorities, or
b part only of such an area or combined area.
5 CLA regulations may make provision about the persons to whom CLA receipts may or must, or may not, be passed in discharge of a duty under subsection (1).
6 A duty under subsection (1) may relate—
a to all CLA receipts (if any) received in respect of the area to which the duty relates, or
b such part of those CLA receipts as is specified in, or determined under or in accordance with, CLA regulations.
7 CLA regulations may make provision in connection with the timing of payments in discharge of a duty under subsection (1).
8 CLA regulations may, in relation to CLA receipts passed to a person in discharge of a duty under subsection (1), make provision about—
a accounting for the CLA receipts,
b monitoring their use,
c reporting on their use,
d responsibilities of local planning authorities for things done by the person in connection with the CLA receipts,
e recovery of the CLA receipts, and any income or profits accruing in respect of them or from their application, in cases where—
i anything to be funded by them has not been provided, or
ii they have been misapplied,
including recovery of sums or other assets representing them or any such income or profits, and
f use of anything recovered in cases where—
i anything to be funded by the CLA receipts has not been provided, or
ii the CLA receipts have been misapplied.
9 This section does not limit section 143(11)(f).

I63145 Use of CLA receipts in an area to which section 144(1) duty does not relate

1 Subsection (2) applies where—
a there is an area to which a particular duty under section 144(1) relates, and
b there is also an area to which that duty does not relate (“the uncovered area”).
2 CLA regulations may provide that the local planning authority that receives CLA receipts in respect of development in the uncovered area may apply the CLA receipts, or cause them to be applied, to—
a support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure,
b support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area, or
c funding the operation of community land auction arrangements in relation to the local planning authority’s area.
3 The regulations may make provision about circumstances in which the authority may apply a specified amount of CLA receipts, or cause a specified amount of CLA receipts to be applied, towards specified purposes which are not mentioned in subsection (2).
4 Provision under subsection (2)(a) or (b) may relate to the whole, or part only, of the uncovered area.
5 Provision under subsection (2) may relate—
a to all CLA receipts (if any) received in respect of the area to which the provision relates, or
b such part of those CLA receipts as is specified in, or determined under or in accordance with, CLA regulations.

I64146 CLA infrastructure delivery strategy

1 CLA regulations may require a local planning authority in relation to which section 142 applies to prepare and publish a CLA infrastructure delivery strategy.
2 A CLA infrastructure delivery strategy is a document which—
a sets out the strategic plans (however expressed) of the local planning authority in relation to the application of CLA receipts, and
b includes such other information as may be prescribed by CLA regulations.
3 A CLA infrastructure delivery strategy may and, if required by CLA regulations, must set out the plans (however expressed) of the local planning authority in relation to the provision, improvement, replacement, operation and maintenance of infrastructure in the authority’s area.
4 A local planning authority may at any time prepare and publish a revision to, or replacement of, its CLA infrastructure delivery strategy.
5 CLA regulations may make provision for the independent examination of—
a CLA infrastructure delivery strategies, and
b revisions to, or replacements of, such strategies.
6 The regulations may make provision for an examination to be combined with—
a an examination under Part 2 of PCPA 2004 in relation to a local plan, or
b an examination under Part 10A of the Planning Act 2008 in relation to an infrastructure delivery strategy under that Part.
7 The regulations may, in particular, make provision—
a about who is to carry out the examination;
b about what the examiner must, may or may not consider;
c about the procedure to be followed;
d about recommendations, or other consequences, arising from or in connection with the examination;
e about circumstances in which an examination is not required;
f applying, or corresponding to, any provision made by or under Part 10A of the Planning Act 2008 relating to an examination in relation to a charging schedule or infrastructure delivery strategy under that Part (with or without modifications).
8 A local planning authority which is required to prepare and publish a CLA infrastructure delivery strategy must have regard to any guidance published by the Secretary of State in relation to the preparation, publication, revision or replacement of CLA infrastructure delivery strategies.
9 CLA regulations may make provision about—
a the form and content of CLA infrastructure delivery strategies;
b the publication of CLA infrastructure delivery strategies and any related documents;
c the procedures to be followed in relation to the preparation, revision or replacement of CLA infrastructure delivery strategies;
d the timing of any steps in connection with the preparation, publication, revision or replacement of CLA infrastructure delivery strategies;
e the evidence required to inform the preparation of CLA infrastructure delivery strategies;
f consultation in connection with CLA infrastructure delivery strategies;
g the preparation of joint CLA infrastructure delivery strategies;
h the period of time for which CLA infrastructure delivery strategies are valid.

General

I65147 Power to provide for authorities making joint local plans

1 CLA regulations may make provision applying any provision made by or under this Part in relation to local planning authorities whose next local plan is to be a joint local plan, with or without modifications.
2 Where CLA regulations make provision under subsection (1) which permits local planning authorities that are to make a joint local plan to put in place a community land auction arrangement jointly, it must include provision about how CLA receipts deriving from that arrangement are to be shared between the authorities.

I66148 Parliamentary scrutiny of pilot

1 The Secretary of State must prepare a report which—
a assesses the effectiveness of the operation of this Part in delivering the overall purpose mentioned in section 141(1), and
b contains such other information about, or assessments as to the effect of, community land auction arrangements as the Secretary of State considers appropriate.
2 The Secretary of State must lay the report before each House of Parliament before the later of—
a the end of the period of 24 months beginning with the day on which this Part expires in accordance with section 150, and
b the end of the period of 24 months beginning with the day on which the final community land auction arrangement comes to an end.
3 The “final community land auction arrangement” means the last community land auction arrangement to come to an end.
4 After the report has been laid before each House of Parliament under subsection (2), the Secretary of State must publish it as soon as is reasonably practicable.
5 In calculating a period of 24 months mentioned in subsection (2), no account is to be taken of any time during which—
a Parliament is dissolved or prorogued, or
b either House of Parliament is adjourned for more than 4 days.

I67149 CLA regulations: further provision and guidance

1 CLA regulations may make provision—
a about the leasehold interests in relation to which a community land auction arrangement may, may not or must be capable of applying;
b permitting a local planning authority to exclude land from a community land auction arrangement and disapply section 142(2) in relation to that land;
c about the procedures to be followed under, or in connection with, a community land auction arrangement;
d about the provision or publication of information under, or in connection with, a community land auction arrangement;
e about how, when or the circumstances in which anything must be done under, or in connection with, a community land auction arrangement;
f about the treatment of anyone who has an interest in or over land which is subject to a CLA option;
g about when a community land auction arrangement is to be taken to be put in place or to come to an end;
h about how section 106 of TCPA 1990 (planning obligations) is to be used, or is not to be used, where section 142 applies or has applied (including provision about the circumstances in which a planning obligation under that section may constitute a reason for granting planning permission);
i about the exercise of any other power relating to planning or development;
j about anything else relating to planning or development.
2 The Secretary of State may give guidance to a local planning authority or other authority about, or in connection with, community land auction arrangements (including guidance about how any power relating to planning or development is to be exercised in circumstances which include, or may include, a community land auction arrangement); and authorities must have regard to the guidance.
3 Provision may be made under subsection (1)(h) to (j), and guidance may be given under subsection (2), only if the Secretary of State thinks it necessary or expedient for—
a delivering the overall purpose mentioned in section 141(1),
b enhancing the effectiveness, or increasing the use, of CLA regulations or community land auction arrangements,
c preventing agreements, undertakings or other transactions from being used to undermine or circumvent CLA regulations or community land auction arrangements,
d preventing agreements, undertakings or other transactions from being used to achieve a purpose that the Secretary of State thinks would better be achieved through the application of CLA regulations or community land auction arrangements, or
e preventing or restricting the imposition of burdens, the making of agreements or the giving of undertakings, in addition to those in connection with CLA regulations or community land auction arrangements.
4 CLA regulations may—
a confer functions on any person, including functions involving the exercise of a discretion;
b make consequential, supplementary or incidental provision under section 252(1)(c) which disapplies, or modifies the effect of, any provision made by or under an Act of Parliament (whenever passed or made).

I68150 Expiry of Part 5

1 This Part, other than section 148 and this section, expires at the end of the period of 10 years beginning with the date on which CLA regulations are first made.
2 Subsection (1) does not affect—
a any community land auction arrangement which is put in place before the expiry of this Part (whether or not it comes to an end before this Part expires);
b any CLA option, or allocation of land for development in a local plan, that is made under a community land auction arrangement which is put in place before the expiry of this Part (whether or not it comes to an end before this Part expires);
c the treatment of any CLA receipts after the expiry of this Part.
3 Subsections (1) and (2) are subject to such transitional, transitory or saving provision as may be made by CLA regulations in connection with the expiry of this Part.

I69151 Interpretation of Part 5

In this Part—
  • “CLA option” has the meaning given by section 141(4);
  • “CLA receipts” has the meaning given by section 143(1);
  • “CLA regulations” has the meaning given by section 141(2);
  • “community land auction arrangement” has the meaning given by section 141(3);
  • “joint local plan” and “local plan” have the same meaning as in Part 2 of PCPA 2004 (see, in particular, section 15LH of that Act);
  • “local planning authority” means a local planning authority for the purposes of Part 2 of PCPA 2004 (see, in particular, section 15LF of that Act) other than—
    1. a joint committee constituted under section 15J of that Act,
    2. an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation, or
    3. the Homes and Communities Agency,
    and references to the area of a local planning authority are to the area for which the authority is the local planning authority in accordance with Part 2 of PCPA 2004.

C6C5Part 6 Environmental outcomes reports

Setting environmental outcomes

I661152 Power to specify environmental outcomes

1 Regulations made by an appropriate authority under this Part (“EOR regulations”) may specify outcomes relating to environmental protection in the United Kingdom or elsewhere that are to be “specified environmental outcomes” for the purposes of this Part.
2 “Environmental protection” means—
a protection of the natural environment, cultural heritage and the landscape from the effects of human activity (including, amongst other things, the protection of chalk streams from abstraction and pollution);
b protection of people from the effects of human activity on the natural environment, cultural heritage and the landscape;
c maintenance, restoration or enhancement of the natural environment, cultural heritage or the landscape;
d monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (c).
3 The “natural environment” means—
a plants, wild animals and other living organisms,
b their habitats (including, amongst other things, chalk streams),
c land (except buildings or other structures), air and water,
and the natural systems, cycles and processes through which they interact.
4 “Cultural heritage” means any building, structure, other feature of the natural or built environment or site, which is of historic, architectural, archaeological or artistic interest.
5 Before making any EOR regulations which contain provision about what the specified environmental outcomes are to be, an appropriate authority must have regard to—
a in the case of regulations made by the Secretary of State acting alone or jointly with a devolved authority, the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021),
b in the case of regulations made by the Scottish Ministers acting alone, the current environmental policy strategy (within the meaning of section 47 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (asp 4)),
c in the case of regulations made by the Welsh Ministers acting alone, the current national natural resources policy (within the meaning of section 9 of the Environment (Wales) Act 2016), or
d in the case of regulations made by a Northern Ireland department acting alone, the current environmental improvement plan (within the meaning of Schedule 2 to the Environment Act 2021).

Power to require environmental outcomes reports

I662153 Environmental outcomes reports for relevant consents and relevant plans

1 EOR regulations may make provision requiring an environmental outcomes report to be prepared in relation to a proposed relevant consent or a proposed relevant plan.
2 Where an environmental outcomes report is required to be prepared in relation to a proposed relevant consent—
a the proposed relevant consent may not be given, unless an environmental outcomes report has been prepared in relation to it, and
b that report must be taken into account or given effect, in accordance with EOR regulations, in determining whether and on what terms the proposed consent is to be given.
3 Where an environmental outcomes report is required to be prepared in relation to a proposed relevant plan—
a no step may be taken which would have the effect of bringing the proposed relevant plan into effect, unless an environmental outcomes report has been prepared in relation to it, and
b that report must be taken into account or given effect, in accordance with EOR regulations, in determining whether and on what terms the proposed relevant plan is to have effect.
4 An “environmental outcomes report”, in relation to a proposed relevant consent or proposed relevant plan, means a written report which assesses—
a the extent to which the proposed relevant consent or proposed relevant plan would, or is likely to, impact on the delivery of specified environmental outcomes,
b any proposals for increasing the extent to which a specified environmental outcome is delivered,
c any steps that may be proposed for the purposes of—
i avoiding the effects of a specified environmental outcome not being delivered to any extent;
ii so far as the effects of a specified environmental outcome not being delivered to any extent cannot be avoided, mitigating those effects;
iii so far as the effects of a specified environmental outcome not being delivered to any extent cannot be avoided or mitigated, compensating for the specified environmental outcome not being delivered, and
d any proposals about how—
i the impact of the proposed relevant consent or proposed relevant plan on the delivery of a specified environmental outcome, or
ii the taking of any proposed steps of the kind mentioned in paragraph (c),
should be monitored or secured.
5 The reference in subsection (4)(c) to steps includes—
a reasonable alternatives to the relevant consent, to the project to which the relevant consent relates or to any element of either, or (as the case may be)
b reasonable alternatives to the relevant plan or any element of it.
6 Subsection (2) does not apply in relation to a relevant consent where—
a the requirement for the consent is imposed under subsection (4) of section 154, and
b the consent is to be given or refused in an environmental outcomes report in accordance with provision under subsection (5) of that section.
7 EOR regulations may include provision about or in connection with—
a what is to be taken to constitute the giving of a relevant consent for the purposes of subsection (2);
b the proposed relevant consents and proposed relevant plans for which an environmental outcomes report is, or may be, required;
c in relation to proposed relevant consents and proposed relevant plans for which an environmental outcomes report may be required, the circumstances in which a report is required;
d an environmental outcomes report not needing to assess the extent to which a proposed relevant consent or proposed relevant plan would, or is likely to, impact on the delivery of a specified environmental outcome, where an adequate assessment of the impact on delivery of the outcome has in effect already been, or is to be, carried out in a different environmental outcomes report;
e what proposals an environmental outcomes report may or must deal with under subsection (4)(b), (c) and (d);
f how any of the assessments mentioned in subsection (4) are to be carried out;
g the information to be included in, and the content and form of, an environmental outcomes report, including provision requiring, or permitting a public authority to require, a report to deal with matters in addition to those provided for in subsection (4);
h how, and to what extent, environmental outcomes reports are to be taken into account or given effect by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans;
i the carrying out of any proposals assessed in an environmental outcomes report under subsection (4)(b), (c) and (d).

Defining the consents and plans to which this Part applies

I663154 Power to define “relevant consent” and “relevant plan” etc

1 EOR regulations may provide that a consent of a description specified in the regulations (a “category 1 consent”) is to be a “relevant consent” for the purposes of this Part in all cases.
2 EOR regulations may provide that a consent of a description specified in the regulations (a “category 2 consent”) is to be a “relevant consent” for the purposes of this Part only if certain criteria specified in EOR regulations are met.
3 EOR regulations may make provision about, or in connection with, how, when and by whom it is to be determined whether criteria are met, such that a category 2 consent is a relevant consent.
4 EOR regulations may impose a requirement for a consent in relation to a project, which is to be a category 1 consent or a category 2 consent.
5 EOR regulations may make provision about, or in connection with, how a consent which is required under subsection (4) is to be given, including provision for it to be given (or refused) by an environmental outcomes report.
6 “Relevant plan” means a plan or programme which—
a relates, or may relate, to a project or to environmental protection in the United Kingdom or a relevant offshore area, and
b is specified or described in EOR regulations for the purposes of this subsection.
7 References in this Part to a proposed relevant consent or proposed relevant plan include references to a proposed variation or modification of, or revision to, a relevant consent or relevant plan (however described).
8 “Consent” means any consent, approval, permission, authorisation, confirmation or decision (however described, given or made) that is required, or otherwise provided for, by or under any enactment in relation to a project.
9 “Project” means a project in the United Kingdom , a relevant offshore area or, where subsection (10) applies, an area beyond national jurisdiction involving—
a construction, engineering, demolition, dismantling or decommissioning,
b the installation, depositing or removal of any thing,
c the exploitation of natural resources by any means,
d a change in the use of land, a building or other structure, or
e any other activity capable of affecting the natural environment, cultural heritage or landscape.
10 This subsection applies where the activity within any of paragraphs (a) to (e) of subsection (9) is or involves a licensable marine activity within the meaning of—
a section 66 of the Marine and Coastal Access Act 2009, or
b section 21 of the Marine (Scotland) Act 2010 (asp 5).
11 In this section, “area beyond national jurisdiction” has the meaning given by Article 1(2) of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, opened for signature at New York on 20 September 2023.

Assessment and monitoring

I664155 Assessing and monitoring impact on outcomes etc

1 EOR regulations may make provision about, or in connection with, how the extent to which a relevant consent or relevant plan actually affects the delivery of a specified environmental outcome is to be assessed or monitored.
2 EOR regulations may make provision about, or in connection with, how the carrying out of any proposals assessed in an environmental outcomes report under section 153(4)(b), (c) or (d), or requirements under subsection (3), is to be assessed or monitored.
3 EOR regulations may make provision requiring action to be taken, if an assessment or monitoring under subsection (1) or (2) determines that is appropriate for the purposes of—
a increasing the extent to which a specified environmental outcome is delivered,
b mitigating or remedying the effects of a specified environmental outcome not being delivered to any extent, or
c compensating for a specified environmental outcome not being delivered to any extent.

Safeguards, devolution and exemptions

I665156 Safeguards: non-regression, international obligations and public engagement

1 An appropriate authority may make EOR regulations only if satisfied that making the regulations will not result in environmental law providing an overall level of environmental protection that is less than that provided by environmental law at the time this Act is passed.
2 EOR regulations may not contain provision that is inconsistent with the implementation of the international obligations of the United Kingdom relating to the assessment of the environmental impact of relevant plans and relevant consents.
3 In exercising functions under this Part, an appropriate authority must seek to ensure that (so far as would not otherwise be the case) arrangements will exist under which the public will be informed of any proposed relevant consent or proposed relevant plan in sufficient detail, and at a sufficiently early stage, to enable adequate public engagement to take place.
4 In this section—
  • “adequate public engagement” means such engagement with the public, in relation to a proposed relevant consent or proposed relevant plan, as the appropriate authority considers appropriate;
  • “environmental law” means environmental law (within the meaning of Part 1 of the Environment Act 2021 but disregarding section 46(3) and (4) of that Act), whether or not the environmental law is in force.

I666157 Requirements to consult devolved administrations

1 The Secretary of State may only make EOR regulations which contain provision—
a within Scottish devolved legislative competence, or
b which could be made by the Scottish Ministers,
with the consent of the Scottish Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
2 The Secretary of State may only make EOR regulations which contain provision that confers a function on, or modifies or removes a function of, the Scottish Ministers after consulting the Scottish Ministers, unless—
a that provision is contained in regulations which require the consent of the Scottish Ministers by virtue of subsection (1), or
b that provision is merely incidental to, or consequential on, provision that would be outside Scottish devolved legislative competence.
3 Provision is “within Scottish devolved legislative competence” where, if the provision were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament.
4 The Secretary of State may only make EOR regulations which contain provision within Welsh devolved legislative competence with the consent of the Welsh Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
5 The Secretary of State may only make EOR regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless—
a that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (4), or
b that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.
6 “Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
7 Provision is “within Welsh devolved legislative competence” where, if the provision were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown).
8 The Secretary of State may only make EOR regulations which contain provision within Northern Ireland devolved legislative competence with the consent of the relevant Northern Ireland department, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
9 The Secretary of State may only make EOR regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—
a that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (8), or
b that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.
10 The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.
11 Provision is within “Northern Ireland devolved legislative competence” where the provision—
a would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and
b would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.
12 In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

I667158 EOR regulations: devolved authorities

Schedule 13 contains restrictions on the exercise of the powers under this Part by devolved authorities.

I668159 Exemptions for national defence and civil emergency etc

1 The Secretary of State may direct that no environmental outcomes report is required to be prepared in relation to a proposed relevant consent which is solely for the purposes of national defence or preventing or responding to civil emergency.
2 EOR regulations may provide for further circumstances in which the Secretary of State is to be able to direct that no environmental outcomes report is required to be prepared.
3 A direction under this section may provide that provision in EOR regulations specified in the direction applies (subject to any modifications specified in the direction), despite the fact that no environmental outcomes report is required to be prepared.
4 The Secretary of State may modify or revoke a direction under this section.

Enforcement

I669160 Enforcement

1 EOR regulations may make provision about, or in connection with, the enforcement of requirements imposed by or under this Part.
2 EOR regulations under this section may, in particular, include provision—
a creating a criminal offence (but may not create a criminal offence punishable with imprisonment);
b conferring a power on any court or tribunal;
c for the imposition of civil sanctions and appeals against such sanctions;
d conferring a power of entry (whether or not on the authority of a warrant);
e conferring a power of inspection, search, seizure or detention (whether or not on the authority of a warrant);
f authorising, or making provision for the authorisation of, the use of reasonable force in connection with a power mentioned in paragraph (d) or (e);
g applying, or corresponding to, any provision, made by or under any enactment, relating to enforcement in connection with a category 1 consent or a category 2 consent (with or without modifications).
3 EOR regulations under subsection (2)(c) may make provision for the imposition of civil sanctions whether or not the conduct in respect of which the sanction is imposed constitutes an offence.
4 In this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices, enforcement undertakings).

Reporting

I670161 Reporting

1 EOR regulations may make provision requiring a public authority to report on, or provide information in relation to, the delivery of specified environmental outcomes.
2 EOR regulations may, in particular, include provision about or in connection with—
a the information to be included in, and the content and form of, a report required under subsection (1);
b the content and form of information required to be provided under subsection (1);
c when, or the circumstances in which, the information or report must be provided;
d the publication of the information or report;
e who the information or report is to be provided to;
f a report being combined with another document which is to be prepared under any enactment.

General

I671162 Public consultation etc

1 An appropriate authority must consult the public before making EOR regulations which contain provision—
a under section 152(1) (specified environmental outcomes);
b amending, repealing or revoking relevant existing environmental assessment legislation.
2 An appropriate authority must consult such persons as the appropriate authority considers appropriate—
a before making EOR regulations which contain provision under—
i section 154(1) to (6) (consents and plans subject to this Part);
ii section 159(2) (power to provide for further exemptions by Secretary of State direction);
iii section 160 (enforcement);
iv section 164 (interaction with existing environmental assessment legislation and the Habitats Regulations);
b before issuing, modifying or withdrawing any guidance under section 163, which relates to—
i how the likely impact of a proposed relevant consent or proposed relevant plan on the delivery of a specified environmental outcome should be assessed, or
ii how the extent to which a relevant consent or relevant plan actually affects the delivery of a specified environmental outcome should be assessed or monitored.
3 EOR regulations may require a public authority to respond, or to respond in a particular way or by a particular time, to a consultation under subsection (1) or (2).
4 The requirements to consult in subsections (1) and (2) may be met by consultation carried out before the subsection concerned comes into force.

I672163 Guidance

1 A public authority carrying out a function under this Part, other than under regulations made by a devolved authority acting alone, must have regard to any guidance issued by the Secretary of State in relation to the function.
2 A public authority carrying out a function under regulations made under this Part by the Secretary of State acting jointly with one or more devolved authorities must have regard to any guidance issued by the Secretary of State or any of those devolved authorities in relation to the function.
3 Before issuing guidance under subsection (2)—
a the Secretary of State must—
i obtain the consent of the Scottish Ministers so far as the guidance relates to a matter provision about which would be within Scottish devolved legislative competence by virtue of section 157(3) or which could be made by the Scottish Ministers;
ii obtain the consent of the Welsh Ministers so far as the guidance relates to a matter provision about which would be within Welsh devolved legislative competence (see section 157(7));
iii obtain the consent of the relevant Northern Ireland department so far as the guidance relates to a matter provision about which would be within Northern Ireland devolved legislative competence (see section 157(11));
b the Scottish Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would not be within Scottish devolved legislative competence by virtue of section 157(3) or which could not be made by the Scottish Ministers;
c the Welsh Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Welsh devolved legislative competence (see section 157(7));
d a Northern Ireland department must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Northern Ireland devolved legislative competence (see section 157(11)).
4 The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the material which is to be contained in the guidance concerned.
5 A public authority carrying out a function under regulations made under this Part by a devolved authority acting alone must have regard to any guidance issued by the devolved authority in relation to the function.
6 A public authority carrying out a function under existing environmental assessment legislation listed in Part 1 of Schedule 14 (other than a function under Schedule 3 to the Harbours Act 1964 so far as relating to environmental impact assessments in Scotland) must have regard to any guidance issued by the Secretary of State in relation to the function.
7 A public authority carrying out a function under existing environmental assessment legislation listed in Part 2 of Schedule 14 must have regard to any guidance issued by the Scottish Ministers in relation to the function.
8 A public authority carrying out a function under existing environmental assessment legislation listed in Part 3 of Schedule 14 must have regard to any guidance issued by the Welsh Ministers in relation to the function.
9 A public authority carrying out a function under existing environmental assessment legislation listed in Part 4 of Schedule 14 must have regard to any guidance issued by a Northern Ireland department in relation to the function.
10 EOR regulations may require any person carrying out a function under EOR regulations to have regard to guidance issued by an appropriate authority in relation to the function, failing which the function is not to be regarded as having been validly carried out.

I340164 Interaction with existing environmental assessment legislation and the Habitats Regulations

1 EOR regulations may make provision about, or in connection with, the interaction of this Part with existing environmental assessment legislation or the Habitats Regulations.
2 EOR regulations under this section may, in particular, include provision—
a treating anything done, or omitted to be done, in relation to an environmental outcomes report as satisfying or failing to satisfy a requirement under relevant existing environmental assessment legislation or the relevant Habitats Regulations;
b treating anything done, or omitted to be done, under existing environmental assessment legislation or the Habitats Regulations as satisfying or failing to satisfy a requirement imposed by or under this Part;
c about the co-ordination of things done under this Part and things done under existing environmental assessment legislation or the Habitats Regulations;
d disapplying or otherwise modifying any provision of relevant existing environmental assessment legislation or the relevant Habitats Regulations where preparation of an environmental outcomes report is required under this Part;
e disapplying or otherwise modifying any provision of this Part or EOR regulations where something is done, or required to be done, under existing environmental assessment legislation or the Habitats Regulations.
3 EOR regulations under this section may amend, repeal or revoke relevant existing environmental assessment legislation.
4 In this section—
  • “the Habitats Regulations” means—
    1. regulation 5 of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (S.I. 2001/1754);
    2. regulation 24 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
    3. regulations 27 to 37 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013);
    4. the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716);
    5. the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995/380);
  • “the relevant Habitats Regulations” means—
    1. in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in the definition of “the Habitats Regulations”;
    2. in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in paragraph (d) of that definition;
    3. in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in the definition of “the Habitats Regulations” so far as it applies in relation to Wales;
    4. in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in paragraph (e) of that definition.

I408165 Consequential repeal of power to make provision for environmental assessment

1 TCPA 1990 is amended as follows.
2 Omit section 71A (assessment of environmental effects).
3 In section 293A (urgent Crown development: application), in subsection (4), omit paragraph (a).

I455166 EOR regulations: further provision

1 EOR regulations may make provision about or in connection with—
a the procedure to be followed in relation to anything done under this Part, including the time by which anything must be done;
b who is to prepare an environmental outcomes report, including provision permitting a public authority to determine who is to do so or the qualifications or experience a person must have to do so;
c requiring a public authority to assist with any assessment or monitoring under this Part;
d the publication of, and consultation and public engagement in connection with, environmental outcomes reports and other relevant documents;
e the information to be included in, and the content and form of, any relevant document;
f the persons to whom an environmental outcomes report or other relevant document is to be given, and how it is to be given;
g the collection or provision of information in connection with this Part;
h the rejection of a relevant document, or information provided in connection with this Part, if it is not provided in accordance with Chapter 1 of Part 3 (planning data), including provision requiring a document or information to be rejected;
i how, and to what extent, any failure to comply with a requirement imposed by or under this Part is to be taken into account by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans;
j appeals against, or reviews of, decisions of a public authority about matters for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation.
2 EOR regulations may—
a provide for the charging of fees or other charges;
b confer a function, including a function involving the exercise of a discretion, on any person;
c make consequential, supplementary or incidental provision under section 252(1)(c) which amends, repeals or revokes any legislation (whenever passed or made).
3 In subsection (2)(c) “legislation” means any provision made by or under—
a an Act,
b an Act or Measure of Senedd Cymru,
c an Act of the Scottish Parliament,
d Northern Ireland legislation, or
e assimilated direct legislation.

I673167 Interpretation of Part 6

1 “Existing environmental assessment legislation” means the legislation listed in Schedule 14.
2 “Relevant existing environmental assessment legislation” means—
a in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in Schedule 14;
b in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in Part 2 of that Schedule;
c in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in Part 3 of that Schedule;
d in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in Part 4 of that Schedule.
3 In this Part—
  • “appropriate authority” means—
    1. the Secretary of State,
    2. a devolved authority, or
    3. the Secretary of State acting jointly with one or more devolved authorities;
  • “category 1 consent” and “category 2 consent” have the meaning given by section 154(1) and (2);
  • “cultural heritage” has the meaning given by section 152(4);
  • “devolved authority” means—
    1. the Scottish Ministers,
    2. the Welsh Ministers, or
    3. a Northern Ireland department;
  • “environmental outcomes report” has the meaning given by section 153(4);
  • “environmental protection” has the meaning given by section 152(2);
  • “EOR regulations” has the meaning given by section 152(1);
  • “existing environmental assessment legislation” has the meaning given by subsection (1);
  • “natural environment” has the meaning given by section 152(3);
  • “project” has the meaning given by section 154(9);
  • “proposed”, in relation to a relevant consent or relevant plan, is to be construed in accordance with section 154(7);
  • “public authority” means—
    1. any person with functions under, or functions in respect of which provision is made by, existing environmental assessment legislation when this Act is passed;
    2. any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;
  • “relevant consent” has the meaning given by section 154;
  • “relevant document” means a document or information for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation;
  • “relevant existing environmental assessment legislation” has the meaning given by subsection (2);
  • “relevant offshore area” means any area in—
    1. the territorial sea adjacent to the United Kingdom,
    2. any area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964, or
    3. any area designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009;
  • “relevant plan” has the meaning given by section 154(6);
  • “specified environmental outcome” has the meaning given by section 152(1).

Part 7 Nutrient pollution standards

I451168 Nutrient pollution standards to apply to certain sewage disposal works

1 After section 96A of the Water Industry Act 1991 insert—
2 In section 213 of the Water Industry Act 1991 (powers to make regulations), in subsection (1), insert “96K, 96N,”—
a if this subsection comes into force before section 82(2) of the Environment Act 2021, before “or 105A”;
b otherwise, before “105A”.

I674169 Planning: assessments of effects on certain sites

Schedule 15 amends the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) to require certain assumptions to be made in certain circumstances about nutrient pollution standards (see section 168).

I452170 Remediation

1 The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) are amended as follows.
2 After regulation 9 insert—
3 After Schedule 2 insert—

Part 8 Development corporations

Local authority proposals and oversight

I70171 Locally-led urban development corporations

1 Section 134 of the Local Government, Planning and Land Act 1980 (urban development areas) is amended as set out in subsections (2) and (3).
2 After subsection (1A) insert—
3 After section 134 of the Local Government, Planning and Land Act 1980 insert—
4 Section 135 (urban development corporations) is amended as set out in subsections (5) and (6).
5 In subsection (1A), after “in England” insert “designated under section 134(1)”.
6 After subsection (4) insert—
I7647 After section 135 insert—

I71172 Development corporations for locally-led new towns

1 The New Towns Act 1981 is amended as follows.
2 After section 1 insert—
3 In section 3 (establishment of development corporations for new towns)—
a in subsection (1), after “1” insert “or 1ZB”;
b in subsection (2A), after “in England” insert “designated under section 1”;
c after subsection (2A) insert—
4 In section 77 (regulations and orders), in each of subsections (3), (3B) and (3C), after “1,” insert “1ZB,”.

I72173 Minor and consequential amendments

Schedule 16 makes minor and consequential amendments in connection with sections 171 and 172.

Planning functions

I73I978174 Planning functions of urban development corporations

1 The Local Government, Planning and Land Act 1980 is amended as follows.
2 In section 149 (urban development corporation as planning authority)—
a after subsection (1) insert—
;
b in subsection (2), for “The order” substitute “An order under subsection (1) or (1A)”;
c after subsection (2) insert—
;
d in subsection (3)—
i in paragraph (a), omit “of the 1990 Act and the Planning (Listed Buildings and Conservation Areas) Act 1990”;
ii in paragraph (b), omit “of those Acts”;
e after subsection (3) insert—
;
f after subsection (4) insert—
3 After section 149 insert—
4 In Part 1 of Schedule 29 (planning enactments conferring functions capable of being assigned to urban development corporations)—
a at the beginning insert—
;
b the paragraph referring to enactments in TCPA 1990 becomes paragraph 2;
c after that paragraph insert—
;
d the paragraph referring to enactments in the Listed Buildings Act becomes paragraph 4;
e after that paragraph insert—

I74I972175 Planning functions of new town development corporations

1 The New Towns Act 1981 is amended as follows.
2 After section 7 insert—
3 In Schedule 3 (constitution and proceedings of development corporations), after paragraph 10 insert—

I75I975176 Mayoral development corporation as minerals and waste planning authority

1 The Localism Act 2011 is amended as follows.
2 In section 202 (functions in relation to Town and Country Planning), after subsection (3) insert—
3 In section 203 (arrangements for discharge of, or assistance with, planning functions), in subsection (4), after “2004” insert “, or the minerals and waste planning authority for the purposes of Part 2 of that Act,”.
4 In section 204 (removal or restriction of planning functions), in subsection (2), after “(3)” insert “, (3A)”.

I76I982177 Minor and consequential amendments

Schedule 17 makes amendments consequential on sections 174 and 175, and other minor amendments in connection with the planning functions of development corporations.

Membership

I77I979178 Removal of restrictions on membership of urban development corporations and new town development corporations

1 In Schedule 26 to the Local Government, Planning and Land Act 1980 (constitution and proceedings etc of urban development corporations)—
a in paragraph 1, for the words from “such number” to the end substitute “the number of other members determined in accordance with paragraph 1A”;
b after that paragraph insert—
2 In section 3 of the New Towns Act 1981 (establishment of development corporations)—
a in subsection (2), for paragraph (c) substitute—
;
b after subsection (2) insert—
3 Nothing in this section affects any provision of an order made before this section comes into force.

Finance

I78I980179 Removal of limits on borrowing of urban development corporations and new town development corporations

1 In paragraph 8 of Schedule 31 to the Local Government, Planning and Land Act 1980 (aggregate limit on borrowing of urban development corporations)—
a in sub-paragraph (1), after “sub-paragraph (2) below” insert “(save as excepted by sub-paragraph (2A))”;
b after sub-paragraph (2) insert—
2 In section 60 of the New Towns Act 1981 (aggregate limit on borrowing of new town development corporations)—
a in subsection (1), after “sums” insert “(save as excepted by subsection (1A))”;
b after subsection (1) insert—

Part 9 Compulsory purchase

Powers

I79I746180 Acquisition by local authorities for purposes of regeneration

In section 226 of TCPA 1990 (power of local authority to acquire land compulsorily for development and other planning purposes), after subsection (1A) insert—

Procedure

I80I752I818I910181 Online publicity

1 The Acquisition of Land Act 1981 is amended as follows.
2 In section 7(1) (definitions), after the definition of “acquiring authority” insert—
.
3 In section 11 (requirement to publish notice of compulsory purchase order in newspaper)—
a for the heading substitute “Public notices”;
b in subsection (1)—
i the words from “in two” to “situated” become paragraph (a);
ii at the end insert
;
c in subsection (2)—
i in the words before paragraph (a), for “notice” substitute “notices”;
ii omit the “and” at the end of paragraph (c);
iii after paragraph (c) insert—
;
iv for paragraph (d) substitute—
;
d after subsection (2) insert—
;
e in subsection (4)(b), omit the words from “(but” to “affixed)”.
4 In section 12(1) (requirement to serve notice on certain affected persons)—
a omit the “and” at the end of paragraph (b);
b after paragraph (b) insert—
;
c for paragraph (c) substitute—
5 After section 12 insert—
6 In section 15 (notices after confirmation of compulsory purchase order)—
a in subsection (3)—
i the words from “in one” to “situated” become paragraph (a);
ii at the end of that paragraph insert
;
b in subsection (3A), for “(3)” substitute “(3)(a)”;
c in subsection (3B)—
i for “(3)” substitute “(3)(a)”;
ii after “(3A),” insert “or with subsection (3)(b),”;
d in subsection (4), after paragraph (c) insert—
;
e after subsection (4) insert—
7 In section 22 (requirement to publish notice of certificate under Part 3 of the Act)—
a the words from “in one” to “situated” become paragraph (a);
b at the end of that paragraph insert
.
8 In paragraph 9 of Schedule 3 (requirement to publish notice of certificate under that Schedule)—
a the words from “in one” to “situated” become paragraph (a);
b at the end of that paragraph insert
.

I81I765182 Confirmation proceedings

1 The Acquisition of Land Act 1981 is amended as follows.
2 In section 13A (confirmation proceedings for contested orders), for subsections (2) to (6) substitute—
3 In section 13B (supplementary provision about written representations procedure)—
a in the heading, omit “Written”;
b in each of the following provisions, omit “written”—
i subsection (1);
ii subsection (2);
iii subsection (4);
iv subsection (6);
v subsection (7);
c in subsection (7), for “13A(6)” substitute “13A(1D)”.
4 In section 13C (confirmation of compulsory purchase order in stages), in subsection (3), for “13A(2) or (3)” substitute “13A(1A) or (1B)”.
5 In section 14D(3) (functions of inspector appointed by confirming authority), in paragraph (c), for the words from “13A(3)(a)” to the end substitute “13A”.

I82I766I919183 Conditional confirmation

1 The Acquisition of Land Act 1981 is amended as set out in subsections (2) and (3).
2 After section 13B insert—
3 In section 15 (notices after confirmation of compulsory purchase order)—
a in subsection (2)(b), for “date when the order becomes operative” substitute “day on which the authority takes the final step needed to comply with subsection (1)(a)”;
b in subsection (3), at the beginning insert “Unless the order was confirmed conditionally,”;
c in subsection (4), after paragraph (b) insert—
;
d after subsection (4A) (inserted by section 181(6)) insert—
;
e in subsection (5), after “notice” insert “or fulfilment notice”;
f in subsection (6)—
i after “notice” insert “, and any fulfilment notice,”;
ii for “it” substitute “each such notice”.
I9134 Schedule 18 contains, and makes provision in connection with, amendments in consequence of this section and paragraph 3 of Schedule 19.

I83I758I790I820I914I923184 Corresponding provision for purchases by Ministers

Schedule 19 makes provision in relation to compulsory purchases by Ministers corresponding to the preceding provisions of this Part.

I84I742185 Time limits for implementation

1 In the Acquisition of Land Act 1981—
a after section 13C insert—
;
b in paragraph 1 of Schedule 1 (preliminary provision about compulsory purchase by Ministers), after sub-paragraph (3) insert—
2 In the Compulsory Purchase Act 1965—
a in section 4 (time limit for notice to treat)—
i the existing text becomes subsection (1);
ii in that subsection, for “period of 3 years” substitute “applicable period”;
iii after that subsection insert—
;
b in section 4A (extension of time limit during challenge), in subsection (1), for “three year period mentioned in” substitute “applicable period for the purposes of”.
3 In the Compulsory Purchase (Vesting Declarations) Act 1981—
a in section 5A (time limit for general vesting declaration)—
i the existing text becomes subsection (1);
ii in that subsection, for “period of 3 years” substitute “applicable period”;
iii after that subsection insert—
;
b in section 5B (extension of time limit during challenge), in subsection (1), for “three year period mentioned in” substitute “applicable period for the purposes of”.
4 In section 582 of the Housing Act 1985 (suspension of recovery of possession of certain premises when compulsory purchase order made)—
a in subsection (2)(a), for “third anniversary of” substitute “final day of the period of three years beginning with”;
b after subsection (6) insert—

I85I750186 Agreement to vary vesting date

1 The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as set out in subsections (2) to (6).
2 In section 7 (constructive notice to treat), in subsection (1), at the beginning insert “Subject to section 8A,”.
3 In section 8 (vesting, entry and possession), in subsection (1), for “section” substitute “sections 8A and”.
4 After section 8 insert—
5 In section 10 (compensation), after subsection (1) insert—
6 In paragraph 5 of Schedule A1 (definitions for the purposes of the Schedule)—
a the existing text become sub-paragraph (1);
b in that sub-paragraph, in the definition of “original vesting date”, after “is” insert “, subject to sub-paragraph (2),”;
c after that sub-paragraph insert—
7 In section 5A of the Land Compensation Act 1961 (valuation date)—
a in subsection (4), after “date is” insert “, subject to subsection (4A),”;
b after subsection (4) insert—
;
c in subsection (5B)(b), after “is” insert “, as a result of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (counter-notices in respect of divided land),”.

I86I759187 Common standards for compulsory purchase data

1 The Secretary of State may, by regulations, make provision requiring an acquiring authority, in preparing, holding or providing such of its relevant compulsory purchase data as is specified or described in the regulations, to comply with any approved data standards which are applicable.
2 “Acquiring authority” means any person who is, or may be, authorised under an enactment to acquire land compulsorily.
3 “Approved data standards”, in relation to relevant compulsory purchase data, are such written standards, containing technical specifications or other requirements in relation to the data, or in relation to preparing, holding or providing the data, as may be published by the Secretary of State from time to time.
4 “Relevant compulsory purchase data” means information that is, or is to be, contained in relevant compulsory purchase documentation.
5 “Relevant compulsory purchase documentation” means an order or notice or any other documentation that is, or is to be, prepared by an acquiring authority (acting as such) under or for the purposes of relevant compulsory purchase legislation.
6 “Relevant compulsory purchase legislation” means provision made by or under—
a the Land Compensation Act 1961,
b the Compulsory Purchase Act 1965,
c the Land Compensation Act 1973,
d sections 10 to 16 of, and Schedules 4 and 5 to, the New Towns Act 1981,
e the Compulsory Purchase (Vesting Declarations) Act 1981,
f the Acquisition of Land Act 1981,
g section 9 of the Tribunals and Inquiries Act 1992,
h Part 7 of the Housing and Planning Act 2016, or
i Chapter 1 of Part 2 of the Neighbourhood Planning Act 2017.
7 “Providing”, in subsection (1), includes submitting, issuing, serving, notifying and publishing.

Compensation

I87I751188 ‘No-scheme’ principle: minor amendments

1 In section 6D of the Land Compensation Act 1961 (no-scheme principle)—
a in subsection (3), for “regeneration or redevelopment” substitute “development”;
b in subsection (4)(a), for “regeneration or redevelopment” substitute “development for which the land is acquired”;
c after subsection (6) insert—
2 In section 6E of that Act (further provision about inclusion of transport projects in “scheme” for purposes of no-scheme principle)—
a in subsection (2)(a), for “regeneration or redevelopment” substitute “the development of land in the vicinity of land comprised in the relevant transport project”;
b in subsection (2)(c), omit “for regeneration or redevelopment”;
c in subsection (3), for “8 September 2016” substitute “the relevant date”;
d after subsection (3) insert—

I88I897189 Prospects of planning permission for alternative development

1 The Land Compensation Act 1961 is amended as follows.
2 In section 14 (taking account of actual or prospective planning permission in valuing land)—
a in subsection (2), for paragraph (b) substitute—
;
b for subsections (3) and (4) substitute—
;
c in subsection (5), in the words before paragraph (a), for “subsections (2)(b) and (4)(b)” substitute “subsection (2B)(a) (and in section 17(1B)(a))”;
d in subsection (9), in the words before paragraph (a), for the words from “to” to “15(1)(b)” substitute “in subsection (2) to planning permission that is in force”.
3 In section 17 (certification of appropriate alternative development)—
a in subsection (1), for the words from “containing” to the end substitute “stating that a certain description of development is appropriate alternative development in relation to the acquisition”;
b after subsection (1) insert—
;
c in subsection (3), for paragraphs (a) and (b) substitute—
;
d for subsections (5) to (8) substitute—
;
e in subsection (10)—
i for “there must be taken into account any expenses reasonably” substitute “no account is to be taken of any expenses”;
ii omit the words from “where” to “favour”.
4 In section 18 (appeals to Upper Tribunal)—
a in subsection (2)—
i after paragraph (a) (but before the “and” at the end) insert—
;
ii in paragraph (b), after sub-paragraph (ii) insert—
;
b after subsection (2) insert—
;
c in subsection (3), for the words from “the preceding” to the end substitute “subsection (2A) applies as if the local planning authority have rejected the application”;
d after subsection (3) insert—
5 In section 19 (applications by surveyors)—
a in subsection (3), for “paragraphs (a) and (b)” substitute “paragraph (ba)”;
b after that subsection insert—
6 In section 20(a) (power to prescribe time limit for issuing certificate under section 17), for the words from “time” to the end substitute “period within which an application under that section is to be determined”.
7 In section 22 (interpretation of Part 3), after subsection (2) insert—

I89I762I817190 Power to require prospects of planning permission to be ignored

1 In the Acquisition of Land Act 1981—
a in section 7(3) (regulations subject to negative procedure), before “paragraph 4A” insert “section 15A(11) or”;
b in section 14A (confirmation by acquiring authority), after subsection (2) insert—
;
c after section 15 insert—
;
d after Schedule 2 insert—
2 In the Land Compensation Act 1961—
a after section 14 insert—
;
b in section 32 (interest from entry on land), after subsection (2) insert—
;
c after the second Schedule insert—
3 In the New Towns Act 1981—
a in Schedule 4 (procedure for compulsory acquisition by new town development corporation in usual cases), after paragraph 5 insert—
;
b in Schedule 5 (procedure for compulsory acquisition by new town development corporation of statutory undertaker’s operational land), after paragraph 5 insert—
4 In Part 1 of Schedule 4 to the Welsh Development Agency Act 1975 (procedure for compulsory acquisition under that Act), after paragraph 3A insert—
5 In section 157 of TCPA 1990 (special provisions as to compensation for acquisitions further to blight notices), before subsection (1) insert—

Part 10 Letting by local authorities of vacant high-street premises

Significant concepts

I90I852191 Designated high streets and town centres

1 A local authority may designate a street in its area as a high street for the purposes of this Part if it considers that the street is important to the local economy because of a concentration of high-street uses of premises on the street.
2 A local authority may designate an area within its area as a town centre for the purposes of this Part if—
a the built environment of the area is characterised principally by a network of streets, and
b the authority considers that the area is important to the local economy because of a concentration of high-street uses of premises in the area.
3 A street or area is not to be designated, however, if the authority considers that its importance derives principally from goods or services purchased in the course of business.
4 A designation under this section may be varied or withdrawn at any time.
5 A local authority must maintain and make available to the public a list describing, and a map showing, any designations under this section that are in force in its area.
6 A designation under this section is a local land charge.
7 In this Part—
  • “designated high street” means a street for the time being designated under subsection (1);
  • “designated town centre” means an area for the time being designated under subsection (2).

I91I853192 High-street uses and premises

1 For the purposes of this Part, any use of premises that falls within any of the following sub-paragraphs is a “high-street use”—
a use as a shop or office;
b use for the provision of services to persons who include visiting members of the public;
c use as a restaurant, bar, public house, café or other establishment selling food or drink for immediate consumption;
d use for public entertainment or recreation;
e use as a communal hall or meeting-place;
f use for manufacturing or other industrial processes of a sort that can (in each case) reasonably be carried on in proximity to, and compatibly with, the preceding uses.
2 For the purposes of this Part, premises are “qualifying high-street premises” if—
a they are situated on a designated high street or in a designated town centre, and
b the local authority considers them to be suitable for a high-street use.
3 But premises are not “qualifying high-street premises” if they are, or when last used were, used wholly or mainly as a warehouse.
4 For the purposes of this Part, “suitable high-street use”, in relation to premises, means a high-street use for which the local authority considers the premises to be suitable.
5 In considering the uses for which premises are suitable, a local authority is to have regard to any works that it expects—
a the landlord would be required to carry out, or
b the tenant would be permitted to, and likely to, carry out,
if a contract was entered into under section 204 and a tenancy was granted further to it.

I92I854193 Vacancy condition

1 For the purposes of this Part, the “vacancy condition” is satisfied in relation to premises on a given day if—
a the premises are unoccupied on that day, and
b either—
i the premises were unoccupied for the whole of the period of one year ending with the previous day, or
ii during the period of two years ending with the previous day, the premises were unoccupied on at least 366 days.
2 For the purposes of subsection (1), premises are occupied on a day during which they begin or cease to be occupied.
3 Days before the day on which this section comes into force are to count for the purposes of subsection (1)(b).
4 Occupation by a person living in premises that are not designed or adapted for residential use is not to count as occupation for the purposes of this section.
5 Regulations may amend this section so as to alter the circumstances in which the “vacancy condition” is satisfied in relation to premises.
6 Those circumstances must relate to the time during which premises are or have been unoccupied.
7 A state of affairs does not amount to the occupation of premises for the purposes of this section unless it involves the use of the premises for activity that—
a is substantial,
b is sustained, and
c involves the regular presence of people at the premises.

I93I855194 Local benefit condition

For the purposes of this Part, the “local benefit condition” is satisfied in relation to premises if the local authority considers that the occupation of the premises for a suitable high-street use would be beneficial to the local economy, society or environment.

Procedure preliminary to letting

I94I856195 Initial notice

1 On any day on which it appears to a local authority that the vacancy condition and the local benefit condition are met in relation to qualifying high-street premises in its area, the authority may serve a notice under this section (an “initial letting notice”) on the landlord of the premises.
2 An initial letting notice expires (if it has not been withdrawn)—
a when a final letting notice in relation to the premises takes effect, or
b at the end of the period of ten weeks beginning with the day on which the initial letting notice takes effect.

I95I857196 Restriction on letting while initial notice in force

1 While an initial letting notice is in force in relation to premises, the landlord of the premises may not—
a grant, or agree to grant, a tenancy of, or licence to occupy, the premises, or
b enter into any other agreement resulting in another person becoming entitled to possess or occupy the premises (except as a result of the transfer or extinction of the landlord’s interest),
without the written consent of the local authority that served the notice.
2 The local authority must give or refuse consent under subsection (1) within a reasonable time after it is sought.
3 Subsection (1) does not apply to the grant of a tenancy pursuant to an obligation that bound the landlord before the initial letting notice took effect.
4 An obligation that is conditional on the service of an initial letting notice in relation to the premises is to be disregarded for the purposes of subsection (3).
5 A tenancy or licence granted, or other agreement entered into, without consent required by subsection (1) is void.
6 But subsection (5) is to be treated as never having applied to a tenancy, licence or agreement if—
a either—
i the initial letting notice expires without a final letting notice having taken effect, or
ii a final letting notice served further to the initial letting notice expires without a contract having been entered into under section 204, and
b the parties to the tenancy, licence or agreement have, until the expiry, conducted themselves towards each other on the basis that the tenancy, licence or agreement is valid.

I96I858197 Circumstances in which letting to be permitted

1 The local authority must give consent under section 196(1) to—
a the grant of, or an agreement to grant, a tenancy, or
b the grant of a licence to occupy the premises,
if the conditions in subsection (2) are met.
2 The conditions are that—
a the term of the proposed tenancy, or the period of occupation under the proposed licence, would begin within the period of eight weeks beginning with the day on which the initial letting notice took effect,
b that term or period would be at least one year, and
c the local authority is satisfied that the tenancy or licence would be likely to lead to the occupation of the premises for a high-street use.
3 For the purposes of subsection (2)(b), a term or period is to be taken to be less than one year if the lessor or licensor has a right to terminate it within the period of one year beginning with the day on which it starts, unless that right arises only on default by the tenant or licensee.
4 Consent granted further to the duty in subsection (1) is to be treated as not having been given if—
a the proposed tenancy or licence is not granted, or
b the term of the tenancy, or period of occupation under the licence, does not begin,
within the period referred to in subsection (2)(a).

I97I859198 Final notice

1 A local authority may serve a notice under this section (a “final letting notice”) on the landlord of qualifying high-street premises on any day on which—
a an initial letting notice served by the authority is in force in relation to the premises,
b the period of eight weeks beginning with the day on which that notice took effect has elapsed, and
c either—
i no tenancy or licence has been granted, or other agreement entered into, with the consent of the authority under section 196 or in circumstances where consent was not needed because of subsection (3) of that section, or
ii the authority is satisfied that any tenancy, licence or agreement so granted or entered into is consistent with the contemplated exercise of its powers under section 204.
2 But the notice must be served in time for it to take effect before the initial letting notice expires.
3 A final letting notice expires (if it has not been withdrawn or revoked on appeal, and subject to sections 201(6) and 202(6)) at the end of the period of 14 weeks beginning with the day on which it takes effect.

I98I860199 Restriction on letting while final notice in force

1 While a final letting notice is in force in relation to premises, the landlord of the premises may not—
a grant, or agree to grant, a tenancy of, or licence to occupy, the premises, or
b enter into any other agreement resulting in another person becoming entitled to possess or occupy the premises (except as a result of the transfer or extinction of the landlord’s interest),
without the written consent of the local authority that served the notice.
2 The local authority must give or refuse consent under subsection (1) within a reasonable time after it is sought.
3 Subsection (1) does not apply to the grant of a tenancy pursuant to an obligation that bound the landlord before the initial letting notice preceding the final letting notice took effect.
4 An obligation that is conditional on the service of an initial letting notice or final letting notice in relation to the premises is to be disregarded for the purposes of subsection (3).
5 A tenancy granted, or agreement entered into, without consent required by subsection (1) is void.
6 But subsection (5) is to be treated as never having applied to a tenancy, licence or agreement if—
a the final letting notice expires without a contract having been entered into under section 204, and
b the parties to the tenancy, licence or agreement have, until that expiry, conducted themselves towards each other on the basis that the tenancy, licence or agreement is valid.

I99I861200 Restriction on works while final notice in force

1 While a final letting notice is in force in relation to premises, the landlord of the premises may not carry out, or permit the carrying out of, any works to the premises without the written consent of the local authority that served the notice.
2 In subsection (1), “works to the premises” include the alteration or removal of any fixtures or fittings on the premises.
3 Subsection (1) does not apply to works that are—
a urgently necessary for repair or preservation, or
b necessary to fulfil an obligation of the landlord, other than one voluntarily assumed after the initial letting notice preceding the final letting notice took effect.
4 The local authority must—
a give or refuse consent under subsection (1) within a reasonable time after it is sought, and
b must give such consent unless there are reasonable grounds for refusing it, concerning the exercise or contemplated exercise of the authority’s powers under the following provisions of this Part in relation to the premises.
5 A person who contravenes subsection (1) without reasonable excuse commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

I100I862201 Counter-notice

1 The landlord of premises in relation to which a final letting notice has been served may give a counter-notice to the local authority that served the final letting notice.
2 A counter-notice must be received by the local authority before the end of the period of 14 days beginning with the day on which the final letting notice takes effect.
3 A counter-notice must—
a state that, if the final letting notice is not withdrawn, the landlord intends to appeal against it, and
b specify the ground (which must be a permissible ground) on which the appeal would be brought.
4 The permissible grounds of appeal are set out in Part 1 of Schedule 20 (and they are to be interpreted and applied in accordance with Part 2 of that Schedule).
5 Regulations may amend that Schedule so as to—
a add a ground of appeal;
b make provision about the interpretation or application of a ground so added;
c amend or remove a ground so added or provision so made.
6 The period referred to in section 198(3), as it applies to a particular final letting notice, is extended by 28 days if a counter-notice is served in relation to the final letting notice.

I101I863202 Appeals

1 This section applies if—
a a counter-notice is given under section 201, and
b the landlord of the premises to which it relates is not, within the period of 14 days beginning with the day on which the counter-notice was received by the local authority, notified by the authority of the withdrawal of the final letting notice.
2 The landlord may appeal against the final letting notice to the county court.
3 An appeal must be brought on the ground specified in the counter-notice.
4 An appeal must be brought within the period of 28 days beginning with the day on which the counter-notice was received by the local authority.
5 In disposing of an appeal under this section, the county court must either revoke or confirm the final letting notice.
6 The period referred to in section 198(3), as it applies to a particular final letting notice, is extended by one day (in addition to those referred to in section 201(6)) for each day in the period—
a beginning with the day on which an appeal against the notice is brought, and
b ending with the day on which the appeal is finally determined, withdrawn or abandoned.
7 For the purposes of subsection (6)(b), an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).

Procedure for letting

I102I791I864203 Rental auctions

1 A local authority may arrange for a rental auction to be carried out in respect of qualifying high-street premises if—
a a final letting notice served by the authority is in force in relation to the premises,
b it is no longer possible for that notice to be revoked on appeal (whether because of the expiry of the period referred to in section 201(2) or 202(4) or the final determination, withdrawal or abandonment of an appeal), and
c either—
i no tenancy or licence has been granted, or other agreement entered into, with the consent of the authority under section 199 or in circumstances where consent was not needed because of subsection (3) of that section, or
ii the authority is satisfied that any tenancy, licence or agreement so granted or entered into is consistent with the contemplated exercise of its powers under section 204.
2 A “rental auction” is a process for finding persons who would be willing to take a tenancy of the premises further to a contract under section 204 and ascertaining the consideration that they would be willing to give in order to do so.
3 Regulations must make provision about the process.
4 The regulations must provide for the suitable high-street use of the premises to be specified by the local authority ahead of the auction.
5 The regulations must provide for the identification of a person as the “successful bidder” following a rental auction, except in cases where the regulations provide for there to be no successful bidder.
6 The regulations may, in particular, provide for a person who took part in the auction but would not otherwise be the successful bidder to be treated as the successful bidder if—
a the landlord of the premises so proposes or agrees, or
b it appears to the local authority that it will not be reasonably practicable to enter into a contract under section 204 with the person who would otherwise be the successful bidder.
7 The regulations may include provision about with whom, and on what terms, the local authority can enter into arrangements for the auction.
8 The regulations may allow local authorities to make choices as to procedure.
9 To the extent that the local authority has a choice as to procedure, the local authority must have regard to any representations made by the landlord.

I103I865204 Power to contract for tenancy

1 Subsection (2) applies if—
a a final letting notice served by the authority is in force in relation to the premises,
b the period of 42 days beginning with the day on which that notice took effect has elapsed,
c a rental auction has been carried out in respect of qualifying high-street premises, and
d the condition in section 203(1)(c) is still met.
2 The local authority that served the notice may enter into a tenancy contract with the successful bidder in the auction (as identified in accordance with regulations under section 203).
3 A “tenancy contract” is a contract under which—
a the landlord of the premises agrees to grant, and
b the successful bidder agrees to take,
a short-term tenancy of the premises (including a contract under which those things are agreed subject to conditions).
4 A contract entered into under this section has effect as if it was entered into by the landlord of the premises instead of the local authority.
5 A local authority is to act under this section in its own name, but with an indication that it is acting so as to bind the landlord rather than itself.
6 As soon as possible after entering into a contract under this section, the local authority must provide a signed copy of it to the landlord.

I104I792I866205 Terms of contract for tenancy

1 This section applies in relation to a contract entered into under section 204.
2 The contract must set out the terms of the agreed tenancy (as to which see section 206).
3 The contract may identify the physical extent of the premises in greater detail than that in which the premises were identified for the purposes of sections 195 to 203.
4 The contract may (subject to regulations under subsection (6)) include—
a provision allowing the tenant to carry out pre-tenancy works (and to enter land for the purpose);
b provision making that ability subject to the consent of the landlord (and about the giving of such consent);
c provision requiring the landlord to carry out pre-tenancy works (whether in or outside the premises) before the term of the agreed tenancy begins;
d provision about the remedies available to the tenant if the landlord fails to carry out pre-tenancy works as so required.
5 “Pre-tenancy works” means works carried out (whether in or outside the premises) before the term of the agreed tenancy begins in contemplation of the use of the premises by the tenant once the term begins.
6 Regulations may—
a impose restrictions or conditions on the ability to include provision within subsection (4) in the contract;
b provide for circumstances in which provision within subsection (4) must be included in the contract;
c make other provision about the terms of the contract.
7 In making regulations under subsection (6), the Secretary of State must have regard to the terms on which contracts for the grant of short-term tenancies are typically entered into on a commercial basis.
8 In deciding (so far as it has discretion to do so) on the terms of the contract, the local authority must have regard to any representations made by the landlord.
9 In this section—
  • “the agreed tenancy” means the tenancy the grant of which is agreed in the contract;
  • “the premises” means the premises that are to be demised by the agreed tenancy;
  • “the tenant” means the prospective tenant under the agreed tenancy;
  • “the landlord” means the landlord of the premises.

I105I793I867206 Terms of tenancy

1 This section applies in relation to a tenancy the grant of which is agreed in a contract entered into under section 204.
2 If the interest of the landlord in the premises is such that the landlord could not grant a tenancy the term of which ended after a particular time, the term of the tenancy must not end after that time.
3 The tenancy must include terms requiring that the premises be used wholly or mainly for the suitable high-street use specified by the local authority ahead of the rental auction that preceded the contract.
4 If the rental auction involved the successful bidder indicating the amount of premium or rent that the successful bidder would be willing to pay, the premium or rent payable under the tenancy must, unless the landlord agrees otherwise, be of the amount indicated (subject to any term of the tenancy about review or deduction of rent).
5 The terms of the tenancy may include provision granting to the tenant interests or rights in or over land outside the premises in connection with tenant’s use of the premises.
6 The terms of the tenancy must include provision satisfying each of the descriptions set out in Schedule 21.
7 Regulations may—
a provide exceptions from subsection (6);
b provide further detail about the provision that is to be included in the terms of the tenancy by virtue of subsection (6);
c make other provision about the terms of the tenancy.
8 In making regulations under subsection (7), the Secretary of State must have regard to the terms on which short-term tenancies are typically granted on a commercial basis.
9 In deciding (so far as it has discretion to do so) on the terms of the tenancy, the local authority must have regard to any representations made by the landlord.
10 In this section—
  • “the premises” means the premises which are to be demised by the tenancy;
  • “the landlord” means the landlord of the premises.

I106I868207 Power to grant tenancy in default

1 This section applies if—
a a local authority has entered into a contract under section 204, and
b the landlord of the premises to which the contract relates fails to grant a tenancy as required by the contract.
2 The local authority may grant the tenancy that the landlord should have granted.
3 A tenancy granted under this section has effect as if it was granted by the landlord instead of the local authority; and the local authority may do anything that the landlord could do in order to make an effective grant.
4 A local authority is to act under this section in its own name, but with an indication that it is acting so as to bind the landlord rather than itself.
5 As soon as possible after granting a tenancy under this section, the local authority must provide a signed copy of the instrument by which the tenancy was granted to the landlord.

I107I869208 Deemed consent of superior lessor or mortgagee

A contract entered into under section 204, and a tenancy granted further to such a contract, are deemed to have been entered into or granted with the express consent of—
a any person who is (or will be when the tenancy is granted) a superior lessor of the land in which the premises in question are comprised, and
b any mortgagee of that land.

I108I851209 Exclusion of security of tenure

A tenancy granted further to a contract entered into under section 204 is excluded from sections 24 to 28 of the Landlord and Tenant Act 1954.

Powers to obtain information

I109I870210 Power to require provision of information

1 This section applies in relation to premises that are situated on a designated high street or within a designated town centre.
2 The local authority for the area in which the premises are situated may, in writing, require any interested person to give information about the premises to the authority.
3 In subsection (2), “interested person” means a person who appears to the local authority to have an interest in the land in which the premises are comprised.
4 For the purposes of subsection (2), information about premises includes information about—
a the occupation of the premises,
b matters affecting the premises,
c persons interested in the premises, and
d their interests in the premises.
5 A requirement under subsection (2) must state the time by which and manner in which the information is required to be given.
6 The power conferred by subsection (2) may be exercised only for the purpose of obtaining information about the premises that the local authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises.
7 A person commits an offence if the person—
a fails without reasonable excuse to comply with a requirement under subsection (2), or
b in response to such a requirement, gives information that—
i is false, and
ii the person knows or should reasonably know to be false.
8 A person who commits an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

I110I871211 Power to enter and survey land

1 This section applies in relation to premises that are situated on a designated high street or within a designated town centre.
2 A person authorised in writing by the local authority for the area in which the premises are situated may—
a enter and survey the premises, and
b enter on any other land in order to gain access to the premises for the purposes of paragraph (a).
3 In the following provisions of this section, “the power” means the power conferred by subsection (2).
4 The power may be exercised only for the purpose of obtaining information about the premises that the authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises.
5 The power may be exercised only if the local authority has given, or made all reasonable efforts to give, written notice to—
a the landlord of the premises, for the purposes of subsection (2)(a), or
b the person who appears to the local authority to be in possession of, or entitled to possession of, the land, for the purposes of subsection (2)(b),
at least 14 days before the day on which the power is first exercised in relation to the premises or other land in question.
6 The power may be exercised only at a reasonable time.
7 The power may not be exercised in a way that involves the use of force, except on the authority of a warrant issued by a justice of the peace.
8 Such a warrant—
a may be issued only on an application supported by evidence given on oath,
b may be issued only if the justice of the peace is satisfied that reasonable efforts have been made to exercise the power without the use of force, and
c must specify the number of occasions on which it can be relied.
9 A person exercising the power must produce—
a evidence of the authorisation referred to in subsection (2), and
b a copy of any warrant issued under subsection (7),
if so requested by any person who appears to have control over the premises or other land.
10 If no person who appears to have control over the premises or other land is present when the power is exercised, the person exercising the power must leave the premises or land as secure against trespassers as when the person entered.

I111I872212 Offences in connection with section 211

1 A person who, without reasonable excuse, obstructs a person in the exercise of the power conferred by section 211(2) is guilty of an offence.
2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3 A person commits an offence if the person discloses confidential information, obtained in the exercise of the power conferred by section 211(2), for purposes other than those for which the power was exercised.
4 A person who commits an offence under subsection (3) is liable—
a on summary conviction, to a fine, or
b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
5 In subsection (3), “confidential information” means information—
a which constitutes a trade secret, or
b the disclosure of which would or would be likely to prejudice the commercial interests of any person.

I112I873213 Power to extend time limits

1 Subsection (2) applies if it appears to the county court that, because of—
a a failure to comply with a requirement under section 210(2),
b the giving of false information in response to such a requirement, or
c obstruction of a person in the exercise of the power conferred by section 211(2),
a local authority has been impeded in deciding whether or how to exercise its functions under this Part in relation to premises in respect of which an initial letting notice or final letting notice is in force.
2 The court may order that the period referred to in section 195(2)(b) or 198(3), as applicable in relation to the notice, is to be extended by such number of days as appears to the court to be appropriate in view of the impediment.
3 The court may act under this section only on an application by the local authority.

General and supplementary provision

I113I794I874214 Further provision about letting notices

1 In this section, references to letting notices are to initial letting notices and final letting notices.
2 Regulations must make provision about—
a the form and content of letting notices,
b the service of letting notices, and
c when letting notices take effect.
3 In making regulations under subsection (2)(a), the Secretary of State must seek to secure that letting notices—
a identify the premises to which they relate and their suitable high-street use,
b explain the reasons for the service of the notice, and
c explain the consequences under this Part of the notice having been served,
in such detail as is adequate in order for the recipient of the notice to be able to decide how to act in response to it.
4 For the purposes of this Part, an authority serves a letting notice on the day on which it takes the last step that it needs to take in order for the notice to be served in accordance with regulations under subsection (2)(b).
5 In making regulations under subsection (2)(c), the Secretary of State must seek to secure that, in the ordinary course of events (taking into account the method of service employed), it is likely that the landlord will become aware of the notice by the time it takes effect.
6 A letting notice served by a local authority may be withdrawn by the authority at any time.
7 A letting notice—
a is not affected by any change in the landlord of the premises in relation to which it has been served, and
b is a local land charge.
8 Regulations may provide for copies of letting notices to be served on—
a persons with interests in the affected premises that are superior to the landlord’s interest;
b mortgagees of the affected premises.

I114I795215 Other formalities

Regulations may make provision about the manner of, or procedure to be followed in connection with—
a making, varying or withdrawing a designation under section 191;
b seeking, giving or refusing consent under section 196 or 199;
c giving a counter-notice under section 201;
d making representations under section 203(9), 205(8) or 206(9);
e making a requirement under section 210;
f giving notice under section 211(5).

I115I850216 Compensation

1 A person interested in land is entitled to compensation for damage as a result of the exercise of the power conferred by section 211.
2 Such compensation is payable by the local authority that authorised the exercise of the power.
3 Any disputes relating to compensation under this section are to be determined by the Upper Tribunal.
4 The provisions of section 4 of the Land Compensation Act 1961 apply to the determination of such disputes, with any necessary modifications.
5 Except as provided by subsection (1), no compensation is payable in respect of the exercise of the powers conferred by this Part.

I116I875217 Power to modify or disapply enactments applicable to letting

1 Subsection (2) applies to an enactment which imposes obligations on a lessor or prospective lessor of premises in relation to—
a the letting of the premises, or
b the premises while let.
2 Regulations may provide for the enactment to—
a apply with modifications, or
b not to apply,
in relation to a tenancy granted (or to be granted) further to a contract entered into under section 204, or the premises demised by such a tenancy.
3 In this section “enactment” includes an enactment comprised in subordinate legislation, within the meaning given by section 21(1) of the Interpretation Act 1978.

I117I876218 Interpretation of Part 10

1 The following provisions apply for the purposes of this Part.
2 Each of the following is a local authority—
a a district council in England,
b a county council in England for any area for which there is no district council,
c a London borough council,
d the Common Council of the City of London, and
e the Council of the Isles of Scilly.
3 “Premises” means—
a the whole of a building that is designed or adapted to be used as a whole, or
b any part of a building that—
i is designed or adapted to be used separately from the other parts, or
ii could with reasonable adaptation be so used.
4 Premises are situated on a street if the building comprising or containing the premises—
a directly adjoins the street, or
b is separated from the street only by the curtilage of the building.
5 “Street” means a street, within the meaning given by section 48(1) of the New Roads and Street Works Act 1991, to which the public have access on foot (whether by right or permission); and includes any part of a street.
6 “The landlord”, in relation to premises, means a person who—
a is entitled to possession of the premises, and
b has sufficient interest in the premises to be capable of granting a tenancy of the premises of at least one year in duration.
7 For the purposes of subsection (6) as it applies in relation to—
a the service of a final letting notice in the circumstances described in section 198(1)(c)(ii), and
b the operation of this Part following the service of such a notice,
the tenancy, licence or agreement referred to in section 198(1)(c)(ii) is to be ignored.
8 “Short-term tenancy” means a tenancy for a term of at least one year but not exceeding five years.
9 References to the terms of a contract or tenancy include covenants, conditions and grants.
10 “Mortgagee” is to be read as if any charge or lien for securing money or money’s worth was a “mortgage”.
11 References to regulations are to regulations made by the Secretary of State.

Part 11 Information about interests and dealings in land

I118219 Power to require provision of certain classes of information

1 Regulations may require the provision of information that is within the scope of a permitted purpose.
2 So far as the regulations are to extend to England and Wales, the permitted purposes are—
a the beneficial ownership purpose (see section 220),
b the contractual control purpose (see section 221), and
c the national security purpose (see section 222).
3 So far as the regulations are to extend to Scotland or Northern Ireland, the only permitted purpose is the national security purpose.
4 Regulations under this section must, for each requirement they impose, specify—
a the person on whom the requirement falls,
b the occurrence or circumstances that gives or give rise to the requirement,
c the time limit for complying with the requirement, and
d the person to whom the required information is to be provided.
5 The occurrence or circumstances specified under subsection (4)(b)—
a must, in the case of a requirement to provide information within the scope of the national security purpose, and
b in any other case may,
be (or include) the giving of a notice in accordance with the regulations to the person on whom the requirement falls.
6 In relation to such cases, the regulations may also make provision deeming notice to have been given at a certain time in certain circumstances.
7 The person specified under subsection (4)(d) must be—
a the Chief Land Registrar, or
b another person exercising public functions on behalf of the Crown.
8 Regulations under this section may—
a make provision about how information is to be provided (including provision requiring it to be provided by electronic means specified in the regulations);
b provide for, or make provision about, the application of the regulations to persons outside, or information held outside, the United Kingdom;
c relate to things done or arising before the coming into force of this section.

I119220 The beneficial ownership purpose

1 Information is within the scope of the beneficial ownership purpose if it appears to the Secretary of State that the information would be useful for the purpose of—
a identifying persons who are beneficial owners of land in England or Wales, or
b understanding the relationship of those persons with the land that they beneficially own.
2 For the purposes of this section, a person beneficially owns land if either of the following subsections applies.
3 This subsection applies where—
a the land is owned by a body corporate or partnership, and
b the person is, in relation to that body corporate or partnership, a beneficial owner within the meaning given by regulation 5 of the Money Laundering Regulations.
4 This subsection applies where—
a the land is owned as part of—
i a trust, foundation or similar legal arrangement, or
ii the estate of a deceased person in the course of administration, and
b the person is, in relation to that trust, foundation, arrangement or estate, a beneficial owner within the meaning given by regulation 6 of the Money Laundering Regulations.
5 In this section—
a expressions that are also used in regulation 5 or 6 of the Money Laundering Regulations have the same meaning as in that regulation;
b references to ownership of land (except references to beneficial ownership) are to the legal ownership of a freehold or leasehold estate in the land;
c “the Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).

I120221 The contractual control purpose

1 Information is within the scope of the contractual control purpose if it appears to the Secretary of State that the information would be useful for the purpose of understanding relevant contractual rights.
2 For the purposes of subsection (1), understanding relevant contractual rights includes identifying the persons holding them and understanding the circumstances in which they were created or acquired.
3 “Relevant contractual rights” are rights that—
a arise under a contract,
b relate to the development, use or disposal of land in England or Wales, and
c are held for the purposes of an undertaking.
4 In this section—
  • “contract” includes a deed (whether or not made for consideration);
  • “undertaking” includes—
    1. a business,
    2. a charity or similar endeavour, and
    3. the exercise of functions of a public nature.

I121222 The national security purpose

1 Information is within the scope of the national security purpose if—
a the information relates to land that is within subsection (2),
b the information is within subsection (3), and
c it appears to the Secretary of State that requiring the provision of the information under section 219 would be justified in the interests of national security.
2 Land is within this subsection if it appears to the Secretary of State that a threat to national security arises in connection with the location of the land or anything situated or done on it.
3 Information is within this subsection if it appears to the Secretary of State that the information would be useful for the purpose of—
a identifying persons who—
i own relevant interests in the land,
ii have relevant rights concerning the land, or
iii have the ability, or are in a position that may involve the ability, to control or influence (directly or indirectly) the owner of a relevant interest in the land, or a person with a relevant right concerning the land, in the exercise of that ownership or right, or
b understanding the relationship of those persons with the land.
4 In subsection (3)—
a references to ownership include legal and beneficial ownership;
b “control or influence” includes control or influence by reason of interests or rights in or under a company, partnership, trust, foundation, or legal structure or arrangement similar to any of those.

I122223 Requirements may include transactional information

1 The information that may (if it falls within the scope of a permitted purpose) be required to be provided under section 219 includes transactional information about instruments, contracts or other arrangements—
a creating, altering, extinguishing, evidencing, or transferring relevant interests in land, or
b conferring, amending, assigning, terminating or otherwise modifying relevant rights concerning land.
2 “Transactional information” means—
a details of the parties to a transaction;
b details of persons on whose behalf or for whose benefit the parties to a transaction are or were acting;
c details of the terms of a transaction;
d details of persons providing professional services in relation to a transaction;
e details of the source of any money paid or other consideration given in connection with a transaction;
f copies of documents giving effect to or evidencing a transaction.
3 “Transaction”, in subsection (2), means an instrument, contract or other arrangement within subsection (1).

I123224 Use of information

1 Regulations may provide for—
a the retention of information provided further to a requirement imposed under section 219;
b the sharing of such information with persons exercising functions of a public nature, for use for the purposes of such functions;
c the publication of such information.
2 In the case of a requirement to provide information within the scope of the national security purpose, regulations under subsection (1) may be made so as to apply to information provided further to the requirement only so far as appears to the Secretary of State to be justified in the interests of national security.
3 Regulations may provide for the payment of fees—
a by persons providing information further to a requirement imposed under section 219, and
b to the person to whom the information is provided, in respect of any functions conferred on that person under subsection (1).
4 No civil liability is to arise from the sharing or publication of information under regulations under this section by reason of any inaccuracy or omission in the information as provided further to a requirement imposed under section 219.

I124225 Offences

1 A person who, without reasonable excuse, fails to comply with a requirement imposed under section 219 commits an offence.
2 A person commits an offence if—
a the person provides information in response to a requirement imposed under section 219,
b the information is false or misleading in a material particular, and
c the person knows that the information is false or misleading or is reckless as to whether it is.
3 But an offence under this section is committed under the law of a given jurisdiction only if the requirement in question is imposed by regulations extending to that jurisdiction.
4 A person who commits an offence under subsection (1) is liable—
a on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);
b on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);
c on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
5 In subsection (4)(a), “the maximum term for summary offences” means—
a if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
b if the offence is committed after that time, 51 weeks.
6 A person guilty of an offence under subsection (2) is liable—
a on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
b on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
d on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
7 If—
a an entity within subsection (8) commits an offence under this section, and
b a person who is, or is purporting to act as, a relevant officer of the entity authorises or permits, participates in, or fails to take all reasonable steps to prevent the commission of the offence,
that person also commits the offence.
8 The entities within this subsection are those specified in the first column of the following table; and “relevant officer”, in relation to such an entity, means a person acting in a capacity specified in the corresponding entry in the second column.
Entity“Relevant officer”
A company.A director, manager, secretary or similar officer.
A partnership.A partner.
A body corporate (other than a company) or unincorporated body whose affairs are managed by a governing body.A member of the governing body.
A body corporate (other than a company) or unincorporated body whose affairs are managed by its members.A member.
9 An offence under this section committed under the law of Scotland by a person outside Scotland may be prosecuted in—
a a sheriff court district in which the person is apprehended or in custody, or
b a sheriff court district determined by the Lord Advocate,
as if the offence had been committed in that district (and in that event the offence is for all incidental or consequential purposes deemed to have been committed in that district).
10 In subsection (9), “sheriff court district” is to be read in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995.

I125226 Enforcement of requirements

1 Regulations may make provision to prevent a relevant registration act from being carried out in relation to a relevant interest in land or relevant right concerning land in relation to which a requirement imposed under section 219 has not been complied with.
2 For the purposes of subsection (1), a relevant registration act is any act that would or could be carried out in relation to the register of title kept under the Land Registration Act 2002.
3 Regulations under subsection (1) may—
a amend the Land Registration Act 2002;
b make consequential amendments of any other enactment.

I126227 Interpretation of Part 11

In this Part—
  • “person” includes any entity that has legal personality under the law by which it is governed;
  • “regulations” means regulations made by the Secretary of State;
  • “relevant interest in land” means an estate, interest, right or power in or over land in the United Kingdom, except an advowson, franchise or manor;
  • “relevant right concerning land” means a right or power, arising under a contract or otherwise, that is not a relevant interest in land but concerns the ownership, control or use of land in the United Kingdom.

Part 12 Miscellaneous

I675228 Registration of short-term rental properties

1 The Secretary of State must by regulations make provision requiring or permitting the registration of specified short-term rental properties in England.
2 “Short-term rental property” means—
a a dwelling, or part of a dwelling, which is provided by a person (“the host”) to another person (“the guest”)—
i for use by the guest as accommodation other than the guest’s only or principal residence,
ii in return for payment (whether or not by the guest), and
iii in the course of a trade or business carried on by the host, and
b any dwelling or premises, or part of a dwelling or premises, not falling within paragraph (a) which is specified for the purposes of this paragraph.
3 The Secretary of State must consult the public before making the first regulations under this section.
4 The requirement in subsection (3) may be satisfied by consultation undertaken before the coming into force of this section.
5 Regulations under this section may, in particular, include provision about or in connection with—
a who may, or must, maintain the register or registers provided for under this section;
b who may, or must, register a specified short-term rental property on any register provided for under this section;
c conditions that must be satisfied for a specified short-term rental property to be registered or conditions that may be placed upon a specified short-term rental property’s registration (including provision about the circumstances in which such conditions may be varied);
d the circumstances in which the registration of a specified short-term rental property may be revoked;
e procedural requirements relating to the registration of a specified short-term rental property, the variation of any conditions placed on the registration or the revocation of the registration;
f appeals against decisions made in relation to the registration of a specified short-term rental property;
g the form or content of—
i a register provided for under this section,
ii an application for registration on such a register, or
iii any other document provided for under this section;
h how the registration of a specified short-term rental property may or must be publicised;
i the collection, provision or publication of information in connection with regulations under this section;
j exemptions from some or all of the requirements imposed by regulations under this section;
k prohibiting the provision of a short-term rental property or anything done wholly or partly for the purposes of promoting such a property to the public or a section of the public, in the course of a trade or business, where the property is not registered or another requirement imposed by regulations under this section has not been met;
l the enforcement of requirements or prohibitions imposed by regulations made under this section.
6 Provision under subsection (5)(l) may, in particular, include provision—
a conferring a power on a court or tribunal;
b for the imposition of civil sanctions and appeals against such sanctions.
7 Regulations under this section may make provision for the imposition of civil sanctions whether or not the conduct in respect of which the sanction is imposed constitutes an offence.
8 Regulations under this section may—
a provide for the charging of fees or other charges;
b confer a function, including a function involving the exercise of a discretion, on any person;
c relate to all or only part of England (and still discharge the duty in subsection (1)).
9 In this section—
  • “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices, enforcement undertakings);
  • “premises” includes any place and, in particular, includes—
    1. any vehicle or vessel;
    2. any tent or moveable structure;
  • “specified” means specified or described in regulations made under this section.

I127I796229 Pavement licences

Schedule 22 makes—
a provision to make the regime for pavement licences under sections 1 to 9 of the Business and Planning Act 2020 permanent, and
b other provision relating to pavement licences.

I128230 Historic environment records

1 A relevant authority must maintain an historic environment record for its area.
2 An “historic environment record” is a system for storing and making available to the public information about—
a any of the following in the area—
i a listed building within the meaning given by section 1(5) of the Listed Buildings Act;
ii a conservation area within the meaning given by section 91(1) of that Act;
iii a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;
iv a garden or other area of land included in a register maintained by the Historic Buildings and Monuments Commission for England under section 8C of the Historic Buildings and Ancient Monuments Act 1953;
v a site designated as a restricted area under section 1 of the Protection of Wrecks Act 1973;
vi a World Heritage Site (that is to say, a property appearing on the World Heritage List kept under Article 11(2) of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972);
vii anything of a description specified in regulations under subsection (3),
b other sites in the area which the authority considers to be of historic, architectural, archaeological or artistic interest,
c objects found in the area in the course of archaeological investigations which the authority considers to be of such interest, and
d historical, architectural, archaeological or scientific investigations or studies relating to—
i anything within paragraphs (a) to (c), or
ii the development, preservation or present character of any part of the area.
3 The Secretary of State may, by regulations, specify for the purposes of subsection (2)(a)(vii) a description of object, structure or site that—
a is designated, registered or similarly recognised under an enactment, and
b appears to the Secretary of State to be so wholly or partly because of historic, architectural, archaeological or artistic importance.
4 Subsection (1) requires information to be included in an historic environment record only so far as the relevant authority—
a has the information, and
b considers it suitable for inclusion in the record.
5 A relevant authority must take such steps as it considers reasonable to—
a obtain information for inclusion in its historic environment record, and
b keep information included in its historic environment record up to date.
6 The Secretary of State may by regulations make provision—
a about how information is to be stored or made available as described in subsection (2);
b for and in connection with the charging of fees by relevant authorities in respect of—
i the provision of advice or assistance to persons making use, or proposing to make use, of an historic environment record;
ii the provision of documents copied or derived from an historic environment record.
7 Regulations under subsection (6)(a) may, in particular, make provision requiring or enabling information to be stored or made available in accordance with such standards or specifications as are published by the Secretary of State from time to time.
8 The relevant authorities for the purposes of this section are—
a each county council in England,
b each district council for an area in England for which there is no county council,
c each London borough council,
d the Common Council of the City of London,
e the Council of the Isles of Scilly,
f each National Park authority for a National Park in England, and
g the Broads Authority.
9 For the purposes of this section—
a the area of the Common Council includes the Inner Temple and the Middle Temple,
b an area comprising a National Park for which there is a National Park authority is the area of that authority and no other relevant authority, and
c the area comprising the Broads, as defined by section 2(3) of the Norfolk and Suffolk Broads Act 1988, is the area of the Broads Authority and no other relevant authority.

I676231 Review of governance etc of RICS

1 The Secretary of State may, from time to time, appoint an independent person to carry out a review of—
a the governance of the Royal Institution of Chartered Surveyors,
b the effectiveness of the Institution in meeting its objectives, and
c any other matter specified in the appointment.
2 A matter may be specified under subsection (1)(c) only if the Secretary of State considers that the matter is connected with—
a the governance of the Institution, or
b the effectiveness of the Institution in meeting its objectives.
3 On completion of a review, the appointed person must make a written report to the Secretary of State—
a setting out the result of the review, and
b making such recommendations (if any) as the person considers.
4 The Secretary of State must publish a copy of the report.
5 In this section “independent” means appearing to the Secretary of State to be independent of—
a the Secretary of State, and
b the Royal Institution of Chartered Surveyors.

I129232 Marine licensing

1 The Marine and Coastal Access Act 2009 is amended in accordance with subsections (2) to (7).
2 In section 72A (further fees chargeable where the Welsh Ministers are the appropriate licensing authority)—
a in the heading, from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”;
b in subsection (1), for the words from “Welsh” to the end substitute “appropriate licensing authority in relation to a marine licence granted under this Part is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”;
c in subsection (2)(c), insert at the beginning “where the Welsh Ministers are the licensing authority,”;
d after subsection (2) insert—
;
e in subsection (4), for “subsection (2)” substitute “subsections (2) and (2A)”;
f in subsection (6)—
i the words from “an application” to “72” become paragraph (a),
ii at the beginning of that paragraph insert “where the Welsh Ministers are the licensing authority,”,
iii after that paragraph insert
;
iv in the closing words, after “licensee” insert “or (as the case may be) other applicant”; and
g in subsection (9), after “licensee” insert “or other applicant”.
3 In section 98 (delegation of functions), in subsection (6)—
a in paragraph (ca), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”;
b in paragraph (ha), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”;
c in paragraph (hb), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”.
4 In section 107A (deposits on account of fees payable)—
a in the heading, after “the” insert “Secretary of State, the Scottish Ministers or the”;
b in subsection (1), from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”
5 In section 107B (supplementary provision about fees)—
a in the heading, after “the” insert “Secretary of State, the Scottish Ministers or the”;
b in subsection (1), from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”
6 In section 108 (appeals against notices), in subsection (2A), at the beginning insert “The Secretary of State, the Scottish Ministers or”.
7 In section 110A (fees: oil and gas activities for which marine licence needed), in subsection (4)—
a after “67,” insert “72(3), 72(7) or 72A(2)(a) or (b),”;
b after “67(2)” insert “or 72A(4)”;
c after “67(5)” insert “or 72A(6)”.
8 The amendments made to the Marine and Coastal Access Act 2009 by sections 77 to 80 of the Environment (Wales) Act 2016 (anaw 3) extend to Scotland and Northern Ireland (as well as England and Wales).
9 The Public Bodies (Marine Management Organisation) (Fees) Order 2014 (S.I. 2014/2555) is revoked.

I677233 Power to replace Health and Safety Executive as building safety regulator

1 The Secretary of State may by regulations make provision for a body (“the new regulator”) to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022.
2 The new regulator may be—
a a body established by the regulations, or
b another body specified in the regulations.
3 The Secretary of State may by regulations make further provision in connection with subsection (1), including provision—
a conferring the functions of the Health and Safety Executive as the building safety regulator on to the new regulator;
b establishing or modifying the constitutional arrangements of the new regulator;
c establishing or modifying the funding arrangements of the new regulator;
d conferring a power on the Secretary of State to give directions to the new regulator.
4 Regulations under this section may amend, repeal or revoke any provision made by or under—
a the Health and Safety at Work etc. Act 1974;
b the Building Act 1984;
c TCPA 1990;
d section 54 of PCPA 2004;
e the Building Safety Act 2022.
5 No regulations may be made under this section after the end of the period of 24 months beginning with the day on which the final report of the Grenfell Tower Inquiry is presented to Parliament in accordance with section 26 of the Inquiries Act 2005.
6 In this section—
  • “constitutional arrangements”, in relation to the new regulator, include matters relating to—
    1. the name and status of the body;
    2. the chair, members and staff of the body (including qualifications and procedures for appointment and functions);
    3. the body’s powers to employ staff;
    4. remuneration, allowances and pensions for the body’s members and staff;
    5. governing procedures and arrangements (including the role and membership of committees and sub-committees);
    6. reports and accounts (including audit);
  • “funding arrangements”, in relation to the new regulator, include provision for it to be funded by a Minister of the Crown and the extent of such funding;
  • “Grenfell Tower Inquiry” means the public inquiry into the fire at Grenfell Tower on 14 June 2017 as set up on 15 August 2017 for the purposes of section 5 of the Inquiries Act 2005;
  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

I678234 Transfer schemes in connection with regulations under section 233

1 The Secretary of State may, in connection with regulations under section 233(1), make one or more schemes for the transfer of property, rights and liabilities (“transfer schemes”).
2 A transfer scheme in connection with regulations under section 233(1) may provide for the transfer of property, rights or liabilities to the new regulator from the Health and Safety Executive.
3 The things that may be transferred under a transfer scheme include—
a property, rights and liabilities that could not otherwise be transferred;
b property acquired, and rights and liabilities arising, after the making of the scheme;
c criminal liabilities.
4 A transfer scheme may—
a create rights, or impose liabilities, in relation to property or rights transferred;
b make provision about the continuing effect of things done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;
c make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;
d make provision for references to the Health and Safety Executive in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;
e make provision for the shared ownership or use of property;
f make provision which is the same as or similar to the TUPE regulations;
g make other consequential, supplementary, incidental or transitional provision.
5 A transfer scheme may provide—
a for modifications by agreement;
b for modifications to have effect from the date when the original scheme came into effect.
6 In subsection (4)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
7 For the purposes of this section—
a references to rights and liabilities include rights and liabilities relating to a contract of employment;
b references to the transfer of property include the grant of a lease.
8 For the purposes of subsection (7)(a)—
a an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
b the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.
9 In this section “new regulator” has the meaning given in section 233(1).

I130235 Transfer of land by local authorities

1 In Schedule 1 to the Academies Act 2010 (Academies: land), after paragraph 9 insert—
2 In section 25 of the School Standards and Framework Act 1998 (adjudicators), in subsection (2), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”.
3 In Schedule 5 to that Act (adjudicators), in paragraph 5(1), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”.
4 In Part 2 of Schedule 22 to that Act (maintained schools: disposals on discontinuance), in paragraph 5, after sub-paragraph (1A) insert—

I457236 Open access mapping

1 The Countryside and Rights of Way Act 2000 is amended as follows.
2 After section 9 (maps in conclusive form) insert—
3 In section 10 (review of maps)—
a at the end of the heading insert “(Wales)”;
b in subsection (1), after “area” insert “in Wales”;
c in subsection (2), for paragraphs (a) and (b) substitute—
4 In section 11 (regulations relating to maps)—
a in subsection (2), after paragraph (j) insert—
;
b after subsection (3) insert—

I131I824237 Childcare: use of non-domestic premises

1 In section 96 of the Childcare Act 2006 (meaning of early years and later years provision etc), in each of subsections (4) and (8) omit “, where at least half of the provision is on domestic premises”.
2 Schedule 23 amends the Childcare Act 2006 to make provision relating to the registration of persons providing childminding wholly on non-domestic premises.

I132I825238 Childcare: number of providers

In section 96 of the Childcare Act 2006 (meaning of early years and later years provision etc), in each of subsections (5) and (9), for “three” substitute “four”.

I460239 Amendments of Schedule 7B to the Government of Wales Act 2006

1 Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru) is amended in accordance with subsections (2) and (3).
2 In paragraph 9(8)(b) (exceptions to restrictions relating to reserved authorities)—
a omit the “or” at the end of paragraph (vi);
b after paragraph (vii) insert
3 In paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)—
a omit the “or” at the end of the first paragraph (ix);
b for the second paragraph (ix) substitute—
4 In the Procurement Act 2023—
a in section 118 (concurrent powers and the Government of Wales Act 2006), for paragraphs (c) and (d) substitute—
;
b in Schedule 11 (repeals and revocations), for paragraph 1 substitute—

I461240 Blue plaques in England

In paragraph 4 of Schedule 2 to the Local Government Act 1985 (Listed Buildings, Conservation Areas and Ancient Monuments), for “Greater London” substitute “any area in England”.

I458241 Powers of local authority in relation to the provision of childcare

In section 8 of the Childcare Act 2006 (powers of local authority in relation to the provision of childcare)—
a in subsection (1)(c) omit “subject to subsection (3),”;
b omit subsections (3) to (5).

I679242 Report on enforcement of the Vagrancy Act 1824

1 The Secretary of State must prepare and publish a report on the impact of the enforcement of sections 3 and 4 of the Vagrancy Act 1824 on the levelling-up missions (within the meaning given by section 1(2)(a)).
2 The report must be published within the period of 12 months beginning with the day on which this section comes into force.
3 This section ceases to have effect on the day on which section 81 of the Police, Crime, Sentencing and Courts Act 2022 (repeal of the Vagrancy Act 1824 etc) comes into force.

I464243 Qualifying leases under the Building Safety Act 2022

1 The Building Safety Act 2022 is amended in accordance with subsections (2) to (4).
2 In section 119 (meaning of “qualifying lease”) after subsection (3) insert—
3 After section 119 insert—
4 In section 168(6)(a) (affirmative procedure for regulations), after “74,” insert “119A,”.
5 The amendments made by this section are to be treated as having come into force on 28 June 2022.

I133244 Road user charging schemes in London

1 Schedule 23 to GLAA 1999 (road user charging) is amended as follows.
2 After paragraph 1(3) insert—
3 After paragraph 3 insert—
4 After paragraph 4(2) insert—
5 In paragraph 4(3)—
a in the opening words, for “The” substitute “In any case, the”;
b omit paragraphs (a) and (aa).
6 After paragraph 4 insert—
7 In paragraph 34B(1), after “functions” insert “, or the Secretary of State’s functions,”.
8 In paragraph 38—
a after “sub-paragraphs” insert “(2A), (2B),”;
b at the end insert “, but does not apply to a variation to a TfL scheme made as a result of a modification to an order under paragraph 4A(3)(b) ”.

I448245 Protected landscapes

1 The National Parks and Access to the Countryside Act 1949 is amended in accordance with subsections (2) and (3).
2 In section 4A (application of Part 2 of Act to Wales), after subsection (2) insert—
3 In section 11A (duty to have regard to purposes of National Parks)—
a in the heading, for “to have regard” substitute “in relation”;
b after subsection (1), insert—
;
c in subsection (2), after “Park”, in the first place it occurs, insert “in Wales”;
d after that subsection, insert—
;
e after subsection (5), insert—
4 After section 66 of the Environment Act 1995 (national park management plans), insert—
5 The Countryside and Rights of Way Act 2000 is amended in accordance with subsections (6) to (10).
6 In section 85 (general duty of public bodies etc)—
a before subsection (1), insert—
;
b in subsection (1), after “beauty”, in the first place it occurs, insert “in Wales”;
c after that subsection, insert—
;
d in subsection (3), after “(2)—” insert—
.
7 In section 87 (general purposes and powers)—
a before subsection (1) insert—
;
b in subsection (1), after “board”, in the first place it occurs, insert “established in relation to an area in Wales”;
c in subsection (2), for the words from “while” to “(1)” substitute “whilst fulfilling their duties under subsection (A1) or (1) (as the case may be)”.
8 In section 90 (supplementary provisions relating to management plans), after subsection (2) insert—
9 After that section insert—
10 After section 91 insert—
11 The Norfolk and Suffolk Broads Act 1988 is amended in accordance with subsections (12) to (15).
12 In section 3 (the Broads Plan), after subsection (6) insert—
13 In section 17A (general duty of public bodies etc)—
a in subsection (1), for “shall have regard to” substitute “must seek to further”;
b after that subsection insert—
14 After that section insert—
15 In section 24 (orders and byelaws)—
a in the heading, after “orders” insert “, regulations”;
b in subsection (1), after “orders” insert “or regulations”;
c in subsection (3), after “orders” insert “, regulations”.

Part 13 General

I134246 Data protection

1 This section applies to a duty or power, to disclose or use information, imposed or conferred by or under any provision of this Act, other than section 86 (in relation to which see subsection (2) of that section).
2 A duty or power to which this section applies does not operate to require or authorise the disclosure or use of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation).
3 In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

I135247 Crown application

1 This Act binds the Crown, subject to subsections (2) to (4).
2 The amendments made by this Act bind the Crown only to the extent that the provisions amended bind the Crown.
3 Part 10 does not apply in relation to land that is Crown land for the purposes of Part 13 of TCPA 1990 (see section 293 of that Act).
4 Part 11 does not apply in relation to land belonging to His Majesty in right of His private estates (as construed in accordance with section 1 of the Crown Private Estates Act 1862).

I738248 Amendments of references to “retained direct EU legislation”

In section 166(3)(e) for “retained direct EU legislation” substitute “assimilated direct legislation”

I136249 Abbreviated references to certain Acts

In this Act—
  • “GLAA 1999” means the Greater London Authority Act 1999;
  • “the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990;
  • “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990;
  • “PCPA 2004” means the Planning and Compulsory Purchase Act 2004;
  • “TCPA 1990” means the Town and Country Planning Act 1990.

I137250 Power to make consequential provision

1 The Secretary of State may by regulations make provision that is consequential on this Act or any provision made under it.
2 Regulations under this section may amend, repeal or revoke provision made by this Act or any provision made by or under primary legislation passed—
a before this Act, or
b in the same session of Parliament as this Act.
3 In this section “primary legislation” means—
a an Act,
b an Act or Measure of Senedd Cymru,
c an Act of the Scottish Parliament, or
d Northern Ireland legislation.

I138251 Power to address conflicts with the Historic Environment (Wales) Act 2023

1 The Secretary of State may by regulations amend this Act, or any Act amended by this Act, in consequence of a relevant amending provision of the Historic Environment (Wales) Act 2023 (“HEWA 2023”) coming into force before a provision of this Act.
2 That power includes, in relation to an Act amended by this Act, the power to make amendments to serve in place of those contained in this Act.
3 Amendments made in reliance on subsection (2) must produce in substance the same effect in relation to England as the amendments contained in this Act would produce if the relevant amending provision of HEWA 2023 were ignored.
4 In this section—
  • “amend” includes repeal, and related terms are to be read accordingly;
  • a “relevant amending provision” of HEWA 2023 means a provision of that Act that amends an enactment that—
    1. is amended by this Act, or
    2. relates to an enactment amended by this Act.

I139252 Regulations

1 A power to make regulations under this Act includes power to make—
a different provision for different purposes;
b different provision for different areas;
c consequential, incidental, supplementary, transitional, transitory or saving provision.
2 A power to make regulations under Chapter 1 of Part 2, in the case of regulations other than regulations under section 13(1) or regulations mentioned in subsection (8)(a) to (c), includes power to make provision amending, applying (with or without modifications), disapplying, repealing or revoking any enactment whenever passed or made.
3 Regulations under this Act are to be made by statutory instrument.
4 A statutory instrument containing regulations that fall within subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
5 Regulations fall within this subsection if they contain provision (whether alone or with other provision)—
a under Chapter 1 of Part 2, other than provision of the kind mentioned in subsection (8)(a) to (c);
b under section 81(6)(b);
c under section 132;
d under Part 5 other than section 142(1)(a);
e under section 217;
f under Part 11;
g under section 228;
h under section 233;
i which—
i amends or repeals any provision of primary legislation, and
ii is not made under section 251 or under section 250 in consequence of regulations under section 251.
6 A statutory instrument containing regulations which fall within subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.
7 Subsection (6) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
8 Regulations fall within this subsection if they contain provision (whether alone or with other provision)—
a under section 45(8) or 47(9);
b under section 51(1) made only for the purpose mentioned in section 51(5)(b);
c under section 51(2) made only for that purpose or for imposing conditions on the doing of things for a commercial purpose;
d under section 81, other than section 81(6)(b);
e under section 108;
f under section 142(1)(a);
g under section 187;
h under Part 10;
i under section 230(2)(a)(vii) or (6)(a);
j under section 250;
k under section 251.
9 Subsections (3) to (8) do not apply to regulations under Chapter 1 of Part 3 or Part 6.
10 Schedule 24 contains provision about regulations made under Chapter 1 of Part 3 or Part 6.
11 If a draft of a statutory instrument containing regulations under Chapter 1 of Part 2 or section 228 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
12 This section does not apply to regulations under section 255.
13 In this section “primary legislation” means—
a an Act,
b an Act or Measure of Senedd Cymru,
c an Act of the Scottish Parliament, or
d Northern Ireland legislation.

I140253 Financial provisions

1 There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority.
2 There is to be paid out of the National Loans Fund, the Consolidated Fund or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.

I141254 Extent

1 Part 1 extends to England and Wales, Scotland and Northern Ireland.
2 Part 2 extends to England and Wales only.
3 In Part 3—
a Chapter 1 (including Schedule 13 so far as it relates to Chapter 1 of Part 3) extends to England and Wales, Scotland and Northern Ireland;
b an amendment or repeal made by Chapters 2 to 6 has the same extent as the provision amended or repealed;
c sections 108 and 132 extend to England and Wales, Scotland and Northern Ireland;
d section 133 extends to England and Wales and Scotland;
e section 136 extends to England and Wales only.
4 Parts 4 and 5 extend to England and Wales only.
5 Part 6 (including Schedule 13 so far as it relates to Part 6) extends to England and Wales, Scotland and Northern Ireland.
6 Part 7 extends to England and Wales only.
7 An amendment or repeal made by Part 8 has the same extent as the provision amended or repealed.
8 Parts 9 and 10 extend to England and Wales only.
9 Part 11 extends to England and Wales, Scotland and Northern Ireland.
10 In Part 12—
a sections 228, 229 (and Schedule 22), 230, 233 to 236, 237 (and Schedule 23), 238, 240, 241, 243 and 245 extend to England and Wales only;
b sections 231, 232, 239 and 242 extend to England and Wales, Scotland and Northern Ireland;
c section 244 extends to England and Wales and Scotland.
11 This Part extends to England and Wales, Scotland and Northern Ireland.

I142255 Commencement and transitional provision

1 In Part 1—
a section 7 comes into force on the day on which this Act is passed, and
b the remaining provisions come into force at the end of the period of two months beginning with the day on which this Act is passed.
2 In Part 2—
a sections 27 and 45 come into force on the day on which this Act is passed;
b in Schedule 4—
i if a provision amended by any of paragraphs 218, 222, 223 and 224 has not come into force before the end of the period mentioned in paragraph (c), that paragraph comes into force when the provision that it amends comes into force (but otherwise it comes into force at the end of that period);
ii paragraphs 226 to 230 come into force on such day as the Secretary of State may by regulations appoint;
c the remaining provisions of Chapter 1 come into force at the end of the period of two months beginning with the day on which this Act is passed;
d section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
e sections 59 and 60 come into force on the day on which this Act is passed;
f section 61 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
g section 62 comes into force on the day on which this Act is passed;
h sections 63 to 65 come into force at the end of the period of two months beginning with the day on which this Act is passed;
i section 66 comes into force on the day on which this Act is passed;
j sections 67 to 70 come into force at the end of the period of two months beginning with the day on which this Act is passed;
k sections 71 and 72 come into force on the day on which this Act is passed;
l sections 73 and 74 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
m section 75 comes into force on such day as the Secretary of State may by regulations appoint;
n section 76 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
o section 77 comes into force on the day on which this Act is passed;
p section 78 comes into force on such day as the Secretary of State may by regulations appoint;
q sections 79 and 80 come into force on the day on which this Act is passed;
r section 81 (and Schedule 5) come into force on such day as the Secretary of State may by regulations appoint;
s sections 82 and 83 come into force at the end of the period of two months beginning with the day on which this Act is passed.
3 In Part 3—
a sections 108, 109 (so far as it confers a power to make regulations or to make a development order), 112, 113 and 114 (so far as conferring a power to make regulations), 121, 126 to 128, 130 to 133 and 136 come into force at the end of the period of two months beginning with the day on which this Act is passed;
b sections 109, 112, 113 and 114 (so far as not already commenced by virtue of paragraph (a)), Schedule 13 (so far as it relates to Chapter 1 of Part 3) and the other provisions come into force on such day as the Secretary of State may by regulations appoint.
4 Parts 4 and 5 come into force on such day as the Secretary of State may by regulations appoint.
5 Part 6 (including Schedule 13 so far as it relates to Part 6) comes into force at the end of the period of two months beginning with the day on which this Act is passed.
6 Part 7 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
7 Parts 8 to 10 come into force on such day as the Secretary of State may by regulations appoint.
8 Part 11 comes into force on the day on which this Act is passed.
9 In Part 12—
a sections 229 (and Schedule 22), 230, 232, 235, 237 (and Schedule 23), 238 and 244 come into force on such day as the Secretary of State may by regulations appoint;
b sections 228, 231, 233, 234, 236, 239 to 243 and 245 come into force at the end of the period of two months beginning with the day on which this Act is passed.
10 In this Part—
a sections 246, 247 and 249 to 256 come into force on the day on which this Act is passed;
b section 248 comes into force at the end of 2023.
11 A power under this section to appoint a day may be exercised to appoint different days for different purposes or areas.
12 The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
13 The power to make regulations under subsection (12) includes power to—
a make different provision for different purposes;
b make different provision for different areas;
c confer a discretion on the Secretary of State to determine how something is treated under provision made under that subsection.
14 Regulations under this section are to be made by statutory instrument.

I143256 Short title

This Act may be cited as the Levelling-up and Regeneration Act 2023.

Schedules

Schedule 1 

Combined county authorities: overview and scrutiny committees and audit committee

Section 15

I6801 Functions of overview and scrutiny committee

1 A CCA must arrange for the appointment by the CCA of one or more committees of the authority (referred to in this Schedule as overview and scrutiny committees).
2 The arrangements must ensure that the CCA’s overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—
a to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the CCA;
b to make reports or recommendations to the CCA with respect to the discharge of any functions that are the responsibility of the CCA;
c to make reports or recommendations to the CCA on matters that affect the CCA’s area or the inhabitants of the area.
3 If the CCA is a mayoral CCA, the arrangements must also ensure that the CCA’s overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—
a to review or scrutinise decisions made, or other action taken, in connection with the discharge by the mayor of any general functions;
b to make reports or recommendations to the mayor with respect to the discharge of any general functions;
c to make reports or recommendations to the mayor on matters that affect the CCA’s area or the inhabitants of the area.
4 The power of an overview and scrutiny committee under sub-paragraph (2)(a) and (3)(a) to review or scrutinise a decision made but not implemented includes—
a power to direct that a decision is not to be implemented while it is under review or scrutiny by the overview and scrutiny committee, and
b power to recommend that the decision be reconsidered.
5 An overview and scrutiny committee of a CCA must publish details of how it proposes to exercise its powers in relation to the review and scrutiny of decisions made but not yet implemented and its arrangements in connection with the exercise of those powers.
6 Before complying with sub-paragraph (5) an overview and scrutiny committee must obtain the consent of the CCA to the proposals and arrangements.
7 An overview and scrutiny committee of a CCA may not discharge any functions other than the functions conferred by or under this Schedule.
8 Any reference in this Schedule to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.

I3662 Overview and scrutiny committees: supplementary provision

1 An overview and scrutiny committee of a CCA—
a may appoint one or more sub-committees, and
b may arrange for the discharge of any of its functions by any such sub-committee.
2 A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).
3 An overview and scrutiny committee of a CCA may not include a member of the CCA (including, in the case of a mayoral CCA, the mayor for the CCA’s area or deputy mayor).
4 An overview and scrutiny committee of a CCA is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).
5 Subsections (2) to (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a CCA as they apply to a committee appointed under that section.
6 An overview and scrutiny committee of a CCA—
a may require the members or officers of the CCA to attend before it to answer questions (including, in the case of a mayoral CCA, the mayor for the CCA’s area and deputy mayor), and
b may invite other persons to attend meetings of the committee.
7 A person on whom a requirement is imposed under sub-paragraph (6)(a) is required to comply with the requirement.
8 A person is not obliged by sub-paragraph (6) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
9 In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a CCA must have regard to any guidance for the time being issued by the Secretary of State.
10 Guidance under sub-paragraph (9) may make different provision for different cases or for different descriptions of committee.
11 In sub-paragraphs (3) to (9) references to an overview and scrutiny committee of a CCA include references to any sub-committee of such a committee.

I6813 Power to make further provision about overview and scrutiny committees

1 The Secretary of State may by regulations make further provision about overview and scrutiny committees of a CCA.
2 Provision under sub-paragraph (1) may in particular include provision—
a about the membership of an overview and scrutiny committee and the voting rights of such members;
b about the payment of allowances to members of such a committee who are members of a constituent council;
c about the person who is to be chair of such a committee;
d for the appointment of a person to act as a scrutiny officer of an overview and scrutiny committee;
e about how and by whom matters may be referred to an overview and scrutiny committee;
f requiring persons (whether members of the CCA or other persons) to respond to reports or recommendations made by an overview and scrutiny committee;
g about the publication of reports, recommendations or responses;
h about information which must, or must not, be disclosed to an overview and scrutiny committee (whether by members of the CCA or by other persons);
i as to the minimum or maximum period for which a direction under paragraph 1(4)(a) may have effect.
3 Provision must be made under sub-paragraph (2)(a) so as to ensure that the majority of members of an overview and scrutiny committee are members of the CCA’s constituent councils.
4 Provision must be made under sub-paragraph (2)(c) so as to ensure that the chair of an overview and scrutiny committee is—
a an independent person (as defined by the regulations), or
b an appropriate person who is a member of one of the CCA’s constituent councils.
5 For the purposes of sub-paragraph (4)(b) “appropriate person”—
a in relation to a mayoral CCA, means a person who is not a member of a registered political party of which the mayor is a member, and
b in relation to any other CCA, means a person who is not a member of the registered political party which has the most representatives among the members of the constituent councils (or, if there is no such party because two or more parties have the same number of representatives, is not a member of any of those parties).
6 In sub-paragraph (2)(d) the reference to a “scrutiny officer” of an overview and scrutiny committee is a reference to a person appointed with the function of—
a promoting the role of the committee, and
b providing support and guidance—
i to the committee and its members, and
ii to members of the CCA (so far as relating to the functions of the committee).
7 Provision under sub-paragraph (2)(g) may include provision for descriptions of confidential or exempt information to be excluded from the publication of reports, recommendations or responses.
8 In this paragraph “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.
9 In this paragraph references to an overview and scrutiny committee include references to any sub-committee of such a committee.

I6824 Audit committees

1 A CCA must arrange for the appointment by the CCA of an audit committee.
2 The functions of the audit committee are to include—
a reviewing and scrutinising the CCA’s financial affairs,
b reviewing and assessing the CCA’s risk management, internal control and corporate governance arrangements,
c reviewing and assessing the economy, efficiency and effectiveness with which resources have been used in discharging the CCA’s functions, and
d making reports and recommendations to the CCA in relation to reviews conducted under paragraphs (a), (b) and (c).
3 The Secretary of State may by regulations make provision about—
a the membership of a CCA’s audit committee;
b the appointment of the members;
c the payment of allowances to members of the committee who are members of a constituent council.
4 Provision must be made under sub-paragraph (3) so as to ensure that at least one member of an audit committee is an independent person (as defined by the regulations).

Schedule 2 

Mayors for combined county authority areas: further provisions about elections

Section 27

I1441 Interpretation

In this Schedule references to a mayor are references to a mayor for the area of a CCA.

Timing of elections

I1452
1 The term of office of a mayor is to be four years.
2 The first election for the return of a mayor is to take place on the first day of ordinary elections of councillors of a constituent council to take place after the end of the period of 6 months beginning with the day on which the regulations under section 27(1) come into force.
3 Subsequent elections for the return of a mayor are to take place in every fourth year thereafter on the same day as the ordinary election of councillors of that constituent council.
4 But this paragraph has effect subject to any provision made under paragraph 3.
I1463The Secretary of State may by regulations make provision—
a as to the dates on which and years in which elections for the return of a mayor may or must take place,
b as to the intervals between elections for the return of a mayor,
c as to the term of office of a mayor, and
d as to the filling of vacancies in the office of a mayor.

I1474 Voting at elections of mayors

1 Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote which may be given for a candidate to be the mayor.
2 The mayor is to be returned under the simple majority system.

I1485 Entitlement to vote

1 The persons entitled to vote as electors at an election for the return of a mayor for the area of a CCA are those who on the day of the poll—
a would be entitled to vote as electors at an election of councillors for an electoral area situated wholly or partly within the area of the CCA, and
b are registered in the register of local government electors at an address within the CCA’s area.
2 A person is not entitled as an elector to cast more than one vote at an election for the return of a mayor.
3 In this paragraph—
  • “electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;
  • “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972.

I1496 Election as mayor and councillor

1 If the person who is returned at an election as the mayor for the area of a CCA is also returned at an election held at the same time as a councillor of a constituent council, a vacancy arises in the office of councillor.
2 If the person who is returned at an election (“the mayoral election”) as the mayor for the area of a CCA —
a is a councillor of a constituent council, and
b was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy arises in the office of councillor.
3 Subject to sub-paragraph (4), a person who is elected as the mayor for the area of a CCA may not be a candidate in an election for the return of a councillor or councillors of a constituent council.
4 A person who is the mayor for the area of a CCA may be a candidate in an election for the return of a councillor or councillors of a constituent council if the election is held at the same time as an election for the return of the mayor, but sub-paragraph (1) applies if the person is a candidate in both such elections and is returned as the mayor and as a councillor.

Qualification and disqualification

I150C17
1 In order to be qualified to be elected and to hold office as the mayor for the area of a CCA, a person must, on the relevant day, be—
a at least 18 years old, and
b a qualifying citizen.
2 The person must also—
a on and after the relevant day, be entitled (under paragraph 5) to vote in the election for the return of the mayor for that area, or
b for the twelve months before the relevant day—
i have occupied, as owner or tenant, land or other premises within an electoral area situated wholly or partly within the area of the CCA,
ii had their principal or only place of work in that electoral area, or
iii resided in that electoral area.
3 In this paragraph—
  • “electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;
  • “qualifying citizen” means a person who is—
    1. a qualifying Commonwealth citizen (within the meaning given by section 79 of the Local Government Act 1972),
    2. a citizen of the Republic of Ireland,
    3. a qualifying EU citizen (within the meaning given by section 203A of the Representation of the People Act 1983), or
    4. an EU citizen with retained rights (within the meaning given by section 203B of that Act);
  • “relevant day” means—
    1. if the election is preceded by the nomination of candidates, the day on which the person is nominated, and
    2. if the election is not preceded by the nomination of candidates, the day of the election.
4 Until the coming into force of paragraph 5 of Schedule 8 to the Elections Act 2022 (amendment of paragraph 8(3) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 relating to candidacy rights of EU citizens), sub-paragraph (3) has effect as if for the definition of “qualifying citizen” there were substituted—
.
I1518
1 A person is disqualified for being elected or holding office as the mayor for the area of a CCA if the person—
a holds any paid office or employment (other than the office of mayor or deputy mayor) appointments or elections to which are or may be made by or on behalf of the CCA or any of the constituent councils;
b is the subject of—
i a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986, or
ii a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;
c has in the five years before being elected, or at any time since being elected, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and been sentenced to a period of imprisonment of three months or more without the option of a fine;
d is disqualified for being elected or for being a member of a constituent council under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices);
e is incapable of being elected to or holding—
i the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Regulations 2001 (SI 2001/2599)) (undue influence);
ii the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).
2 For the purposes of sub-paragraph (1)(c), a person is to be treated as having been convicted on—
a the expiry of the ordinary period allowed for making an appeal or application with respect to the conviction, or
b if an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
3 Until the coming into force of paragraph 6 of Schedule 5 to the Elections Act 2022 (amendment of paragraph 9(1) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 relating to undue influence), sub-paragraph (1) has effect as if paragraph (e) were omitted.
I1529
1 A person is disqualified for being elected or holding office as the mayor for the area of a CCA if the person is subject to—
a any relevant notification requirements, or
b a relevant order.
2 In this paragraph “relevant notification requirements” mean—
a the notification requirements of Part 2 of the Sexual Offences Act 2003;
b the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010;
c the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;
d the notification requirements of Schedule 1 to the Criminal Justice Act 2001 (an Act of Tynwald: c 4).
3 In this paragraph “relevant order” means—
a a sexual harm prevention order under section 345 of the Sentencing Code;
b a sexual harm prevention order under section 103A of the Sexual Offences Act 2003;
c a sexual offences prevention order under section 104 of that Act;
d a sexual risk order under section 122A of that Act;
e a risk of sexual harm order under section 123 of that Act;
f a risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;
g a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;
h a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010;
i a child protection order under Article 11 of that Law;
j a sexual offences prevention order under section 18 of that Law;
k a risk of sexual harm order under section 22 of that Law;
l a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of Tynwald: c 20);
m a risk of sexual harm order under section 5 of that Act.
4 For the purposes of sub-paragraph (1)(a), a person who is subject to any relevant notification requirements is not to be regarded as disqualified until—
a the expiry of the ordinary period allowed for making an appeal or application against the conviction, finding, caution, order or certification in respect of which the person is subject to the relevant notification requirements, or
b if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
5 For the purposes of sub-paragraph (1)(b), a person who is subject to a relevant order is not to be regarded as disqualified until—
a the expiry of the ordinary period allowed for making an appeal against the relevant order, or
b if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
6 This paragraph does not have the effect of disqualifying a person for being elected or holding office as the mayor for the area of a CCA by reason of the person becoming subject to—
a any relevant notification requirements, or
b a relevant order,
before the day on which this paragraph comes into force.
I15310Paragraph 10 of Schedule 3 contains further provision about disqualification in the case of mayors who exercise PCC functions.
I15411The acts of a person elected as a mayor for the area of a CCA who acts in that office are, despite any disqualification or lack of qualification—
a in respect of being, or being elected as, a mayor, or
b in respect of being, or being elected as, the mayor for that area,
as valid and effectual as if the person had not been so disqualified or as if the person had been qualified.

I15512 Power to make further provision

1 The Secretary of State may by regulations make provision as to—
a the conduct of elections for the return of mayors, and
b the questioning of elections for the return of mayors and the consequences of irregularities.
2 Regulations under sub-paragraph (1)(a) may, in particular, include provision—
a about the registration of electors,
b for disregarding alterations in a register of electors,
c about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), and
d for the combination of polls at elections for the return of mayors and other elections.
3 Regulations under sub-paragraph (1) may—
a apply or incorporate (with or without modifications) any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,
b modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of mayors, and
c so far as may be necessary in consequence of any provision made by or under this Part or any regulations under sub-paragraph (1), amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.
4 Before making regulations under sub-paragraph (1), the Secretary of State must consult the Electoral Commission.
5 In addition, the power of the Secretary of State to make regulations under sub-paragraph (1) so far as relating to matters mentioned in sub-paragraph (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.
6 The requirements in sub-paragraphs (4) and (5) may be satisfied by things done before the coming into force of this paragraph.
7 No return of a mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under sub-paragraph (1).

Schedule 3 

Mayors for combined county authority Areas: PCC functions

Section 33

I6831 Introductory

1 This Schedule applies where regulations are made under section 33(1) providing for a mayor to exercise functions of a police and crime commissioner.
2 A duty under this Schedule to make provision by regulations is a duty to make such provision in regulations made at any time before the first election of a mayor who, by virtue of regulations under section 33(1), is to exercise functions of a police and crime commissioner.
3 In this Schedule references to “the mayor” and the “CCA area” are references to a mayor or area in relation to which regulations are made under section 33(1).
4 In this Schedule “the 2011 Act” means the Police Reform and Social Responsibility Act 2011.

I6842 PCC functions exercisable by the mayor

1 The Secretary of State may by regulations provide that the mayor may exercise in the CCA area—
a all PCC functions,
b all PCC functions other than those specified or described in the regulations, or
c only those PCC functions specified or described in the regulations.
2 But regulations under sub-paragraph (1)(b) or (c) must secure that the following PCC functions are exercisable by the mayor in relation to the CCA area—
a the functions mentioned in subsections (6) to (8) of section 1 of the 2011 Act (securing maintenance of efficient and effective police force and holding the relevant chief constable to account);
b the functions under sections 5, 7 and 8 of that Act (issuing etc a police and crime plan);
c the functions under section 38 of that Act (appointing, suspending or removing a chief constable).

I6853 Delegation of function

1 The Secretary of State must by regulations make provision authorising the mayor—
a to appoint a deputy mayor in respect of PCC functions (“deputy mayor for policing and crime”), and
b to arrange for the deputy mayor for policing and crime to exercise any PCC functions of the mayor.
2 Regulations under sub-paragraph (1) must include provision authorising the mayor to arrange for any other person to exercise any PCC functions of the mayor.
3 Regulations under sub-paragraph (1) must include provision preventing the mayor from appointing as deputy mayor for policing and crime—
a the person who is appointed as deputy mayor under section 29;
b a person listed in subsection (6) of section 18 of the 2011 Act;
c any other person of a description specified in the regulations.
4 Regulations under sub-paragraph (1) must include provision preventing the mayor from arranging for the deputy mayor for policing and crime to exercise—
a a PCC function of the mayor of a kind listed in subsection (7)(a), (e) or (f) of section 18 of the 2011 Act, or
b any other PCC function specified or described in the regulations.
5 Regulations under sub-paragraph (1) must include provision preventing the mayor from arranging, by virtue of provision under sub-paragraph (2), for a person to exercise—
a any function if the person is listed in subsection (6) of section 18 of the 2011 Act;
b a function listed in subsection (7) of that section;
c any other PCC function specified or described in the regulations.
6 Regulations under sub-paragraph (1) must include provision authorising the deputy mayor for policing and crime to arrange for any other person to exercise any PCC function of the mayor which is exercisable by the deputy mayor for policing and crime in accordance with provision made under that sub-paragraph.
7 Regulations under sub-paragraph (1) must include provision preventing the deputy mayor for policing and crime from arranging for a person to exercise a function if—
a the person is listed in subsection (6) of section 18 of the 2011 Act, or
b the function is a PCC function of the mayor—
i of a kind listed in subsection (7)(b), (c) or (d) of that section, or
ii of any other kind specified or described in the regulations.

Police and crime panels

I6864The Secretary of State must by regulations provide for a panel to be established in relation to the CCA area with functions, in relation to the exercise by the mayor of PCC functions, corresponding to those of a police and crime panel under sections 28 and 29 of the 2011 Act.
I6875
1 The Secretary of State may by regulations provide for a police and crime panel to have oversight functions in relation to any general functions of the mayor that are the subject of arrangements under section 30(3)(c)(i) (power to arrange for general functions to be exercisable by deputy mayor for policing and crime).
2 If it appears to the Secretary of State expedient for the police and crime panel also to have oversight functions in relation to other general functions of the mayor that are related to general functions in respect of which regulations are made under sub-paragraph (1), the Secretary of State may by regulations provide for the panel to have oversight functions in relation to those other general functions.
3 Regulations under this paragraph may disapply, or otherwise modify, the application of paragraph 1(3) of Schedule 1 so far as relating to general functions of the mayor in respect of which a police and crime panel has oversight functions.
4 In this paragraph—
  • “oversight functions”, in relation to general functions of the mayor, are functions that are of a corresponding or similar kind to those that a police and crime panel has in relation to PCC functions of the mayor;
  • “police and crime panel” means a panel established by virtue of regulations under paragraph 4.
I6886The Secretary of State may by regulations make provision about the payment of allowances to members of a police and crime panel established by virtue of regulations under paragraph 4 who are members of a constituent council.

I6897 Financial matters

The Secretary of State must by regulations make provision—
a requiring the mayor to maintain a fund in relation to receipts arising, and liabilities incurred, in the exercise of PCC functions;
b about the preparation of an annual budget in relation to the exercise of such functions.

I6908 Suspension

The Secretary of State must by regulations provide for the panel mentioned in paragraph 4 to have power to suspend the mayor, so far as acting in the exercise of PCC functions, in circumstances corresponding to those mentioned in section 30(1) of the 2011 Act in relation to a police and crime commissioner.

I6919 Conduct

The Secretary of State must by regulations make provision about the matters mentioned in paragraphs (a) to (c) of section 31(1) of the 2011 Act (taking references in those paragraphs to “relevant office holders” as references to the mayor and the deputy mayor for policing and crime).

I69210 Disqualification

1 The Secretary of State must by regulations provide for sections 64 to 68 of the 2011 Act to apply in relation to a person being, or being elected as, the mayor as they apply in relation to a person being, or being elected as, a police and crime commissioner.
2 Provision under sub-paragraph (1) is in addition to paragraphs 7, 8 and 9 of Schedule 2.

I69311 Policing protocol

The Secretary of State must by regulations require the mayor to have regard, in the exercise of PCC functions, to the policing protocol issued under section 79 of the 2011 Act.

I69412 Application of certain enactments

1 The Secretary of State must by regulations provide for the following provisions of the Police Act 1996 to apply to the mayor, in the exercise of PCC functions, as though the mayor were a police and crime commissioner—
a sections 24(4) and 98(6) (aid of one police force by another);
b sections 22A to 23H (collaboration agreements);
c sections 40 to 40B (powers to give directions);
d sections 54 and 55 (appointment and functions of His Majesty’s Inspectors of Constabulary);
e section 96A(2) (national and international functions).
2 The Secretary of State must by regulations provide for provision similar to section 41 of the Police Act 1996 (directions as to minimum budget) to have effect for the purpose of enabling directions to be given to the mayor acting on behalf of the mayoral CCA in relation to the calculation of the component of the council tax requirement relating to the mayor’s PCC functions (see section 41(4)(a) above).

I69513 Supplementary

1 Subject to the requirements of this Schedule, the Secretary of State may by regulations make any other provision the Secretary of State thinks appropriate for the purposes of giving full effect to regulations under section 33(1).
2 Sub-paragraphs (3) and (4) apply in relation to regulations under—
a sub-paragraph (1),
b another provision of this Schedule, or
c section 33(1).
3 The regulations may include provision—
a that is similar to any police and crime commissioner enactment, or
b for a purpose corresponding to a purpose for which any such enactment is made.
4 The regulations may provide for the mayor to be treated as a police and crime commissioner for the purposes of any police and crime commissioner enactment.
5 “Police and crime commissioner enactment” means—
a any enactment that is contained in, or is made under, Part 1 of the 2011 Act, and
b any other enactment that has effect in relation to police and crime commissioners.
6 In sub-paragraph (5) “enactment” includes an enactment whenever passed or made.
7 Power to make regulations under this paragraph is in addition to (and does not limit) the power to make regulations under section 53.
8 Subsections (5) and (6) of section 29, so far as relating to the exercise of PCC functions, are subject to any provision contained in regulations under this Schedule.
9 Regulations under this Schedule may relate to—
a a particular mayor in respect of whom regulations under section 33(1) have effect, or
b all mayors in respect of whom any such regulations have effect.

Schedule 4 

Combined county authorities: consequential amendments

Section 56

I4561 Landlord and Tenant Act 1954 (c. 56)

In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the definition of “local authority”, after “section 103 of that Act” insert “, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

I4652 Trustee Investments Act 1961 (c. 62)

In section 11(4)(a) of the Trustee Investments Act 1961 (local authority investment schemes), after “section 103 of that Act” insert “, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.

Local Government (Records) Act 1962 (c. 56)

I6963The Local Government (Records) Act 1962 is amended as follows.
I4664In section 2(6) (acquisition and deposit of records), after “section 103 of that Act” insert “, to a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.
I4675In section 8(1) (interpretation), in the definition of “local authority”, after “section 103 of that Act” insert “, or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

I4686 Leasehold Reform Act 1967 (c. 88)

In section 28(5)(a) of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), after “section 103 of that Act,” insert “any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.

Transport Act 1968 (c. 73)

I6977The Transport Act 1968 is amended as follows.
I4698
1 Section 9 (Areas, Authorities and Executives) is amended as follows.
2 In subsection (1)—
a in paragraph (a)(i), after “a combined authority area” insert “or a combined county authority area”;
b after paragraph (ab) insert—
;
c in paragraph (b), after sub-paragraph (ia) insert—
.
3 In subsection (2), after “a combined authority area” insert “, a combined county authority area”.
4 In subsection (3), after “a combined authority area” insert “, a combined county authority area”.
5 In subsection (5) for “or a combined authority area” substitute “a combined authority area or a combined county authority area”.
I4709In section 9A (general functions of Authorities and Executives), in each of subsections (3), (5), (6)(a) and (b), (7) and (8), after “combined authority area” insert “, combined county authority area”.
I47110
1 Section 10 (general powers of Executives) is amended as follows.
2 In subsection (1), after “a combined authority area” insert “, a combined county authority area”.
3 In subsection (3), after “a combined authority area” insert “, a combined county authority area”.
4 In subsection (5), after “a combined authority area” insert “, a combined county authority area”.
I47211In section 10A(1) (further powers of Executives), for “or combined authority area” substitute “, combined authority area or combined county authority area”.
I47312In section 12(1) (borrowing powers of Executive), after “a combined authority area” insert “, a combined county authority area”.
I47413In section 14(1) (accounts of Executive), after “a combined authority area” insert “, a combined county authority area”.
I47514
1 Section 15 (further functions of Authority) is amended as follows.
2 In subsection (1), after “a combined authority area” insert “, a combined county authority area”.
3 In subsection (6), after “a combined authority area” insert “, a combined county authority area”.
I47615In section 16(1) (annual report by Authority and Executive), after “combined authority area” insert “, combined county authority area”.
I47716
1 Section 20 (special duty with respect to railway passengers) is amended as follows.
2 In subsection (1), after “a combined authority area” insert “, a combined county authority area”.
3 In subsection (2A), after “a combined authority area” insert “, a combined county authority area”.
I47817
1 Section 23 (consents of, or directions, by Minister) is amended as follows.
2 In subsection (1), after “a combined authority area” insert “, a combined county authority area”.
3 In subsection (2), after “a combined authority area” insert “, a combined county authority area”.
4 In subsection (3), after “a combined authority area” insert “, a combined county authority area”.
I47918In section 56(6) (assistance by Minister or local authority towards expenditure on public transport), after paragraph (bc) insert—
.
I48019
1 Schedule 5 (Passenger Transport Executives) is amended as follows.
2 In Part 2, in paragraph 2, after “the combined authority area”, in both places it occurs, insert “, the combined county authority area”.
3 In Part 3, in paragraph 11, after “a combined authority area”, insert “, a combined county authority area”.

I48120 Local Government Grants (Social Need) Act 1969 (c. 2)

In section 1(3) of the Local Government Grants (Social Need) Act 1969 (provision for grants), for “and a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act and a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

I48221 Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), after “section 103 of that Act,” insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.

I48322 Local Authorities (Goods and Services) Act 1970 (c. 39)

In section 1(4) of the Local Authorities (Goods and Services) Act 1970 (provision for grants), in the definition of “local authority”, after “section 103 of that Act,” insert “any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.

Local Government Act 1972 (c. 70)

I69823The Local Government Act 1972 is amended as follows.
I36724
1 Section 70 (restriction on promotion of Bills for changing local government areas, etc) is amended as follows.
2 In subsection (1), for “or combined authority” substitute “, combined authority or combined county authority”.
3 In subsection (3), for “or combined authority” substitute “, combined authority or combined county authority”.
I36825In section 80(2)(b) (disqualification for election and holding office as member of local authority), after “combined authority” insert “, combined county authority”.
I36926In section 85(4) (vacation of office by failure to attend meetings), for “and a combined authority” substitute “, a combined authority and a combined county authority”.
I37027In section 86(2) (declaration of vacancy by local authority), for “and a combined authority” substitute “, a combined authority and a combined county authority”.
I37128In section 92(7) (proceedings for disqualification)—
a for “and a combined authority” substitute “, a combined authority and a combined county authority”, and
b for “or a combined authority” substitute “, a combined authority or a combined county authority”.
I37229In section 99 (meetings and proceedings of local authorities), after “combined authorities,” insert “combined county authorities,”.
I37330
1 Section 100J (application of Part 5A to to new authorities, Common Council, etc) is amended as follows.
2 In subsection (1), after paragraph (bd) insert—
.
3 In subsection (4)(a), for “or a combined authority” substitute “, a combined authority or a combined county authority”.
I37431
1 Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.
2 In subsection (1E), for ““Mayoral function”” substitute “In subsection (1D) “mayoral function””.
3 After subsection (1E) insert—
4 In subsection (5C), after “combined authority” insert “or combined county authority”.
5 In subsection (5D)—
a the words from “section 107E” to the end become paragraph (a), and
b at the end of paragraph (a) insert
6 In subsection (5E), for “has the meaning given in section 107D(2) of that Act.” substitute
7 In subsection (13), after “a combined authority,” insert “a combined county authority,”.
I37532In section 138C(1) (application of sections 138A and 138B to other authorities), after paragraph (n) insert—
.
I37633In section 142(1B) (provision of information relating to matters affecting local government), after “a combined authority” insert “, a combined county authority”.
I37734
1 Section 146A (joint authorities etc) is amended as follows.
2 In subsection (1)—
a in the opening words, after “(1ZE)” insert “, (1ZEA)”, and
b after “a combined authority,” insert “a combined county authority”.
3 After subsection (1ZE) insert—
I37835In section 175(3B) (allowances for attending conferences and meetings), after “a combined authority” insert “, a combined county authority”.
I37936In section 176(3) (payment of expenses), for “and a combined authority” substitute “a combined authority and a combined county authority”.
I38037In section 223(2) (appearance of local authorities in legal proceedings), after “a combined authority,” insert “a combined county authority,”.
I38138In section 224(2) (arrangements by principal councils for custody of documents), for “or combined authority” substitute “, combined authority or combined county authority”.
I38239In section 225(3) (deposit of documents with proper officer), for “and a combined authority” substitute “, a combined authority and a combined county authority”.
I38340In section 228(7A) (inspection of documents), for “or a combined authority” substitute “, a combined authority or a combined county authority”.
I38441In section 229(8) (photographic copies of documents) after “a combined authority,” insert “a combined county authority,”.
I38542In section 230(2) (reports and returns), for “and a combined authority” substitute “, a combined authority and a combined county authority”.
I38643In section 231(4) (service of notice on local authorities), after “a combined authority,” insert “a combined county authority,”.
I38744In section 232(1A) (public notices), after “a combined authority,” insert “a combined county authority,”.
I38845In section 233(11) (service of notices by local authorities), after “a combined authority,” insert “a combined county authority,”.
I38946In section 234(4) (authentication of documents), after “a combined authority,” insert “a combined county authority,”.
I39047In section 236(1) (procedure for byelaws), for “or a combined authority” substitute “, a combined authority or a combined county authority”.
I39148In section 236B(1) (revocation of byelaws), after paragraph (e) insert—
I39249In section 238 (evidence of byelaws), for “or a combined authority” substitute “, a combined authority or a combined county authority”.
I39350In section 239(4A) (power to promote or oppose bills), for “and a combined authority” substitute “, a combined authority and a combined county authority”.
I39451In section 270(1) (interpretation), at the appropriate place insert—
.
I39552In Part 1A of Schedule 12 (meetings and proceedings of joint authorities etc), in paragraph 6A, for “or a combined authority” substitute “, a combined authority or a combined county authority”.

I48453 Employment Agencies Act 1973 (c. 35)

In section 13(7) of the Employment Agencies Act 1973 (interpretation), after paragraph (fzc) insert—
.

Local Government Act 1974 (c. 7)

I69954The Local Government Act 1974 is amended as follows.
I48555In section 25(1) (authorities subject to investigation), after paragraph (cf) insert—
.
I48656
1 Section 26C (referral of complaints by authorities) is amended as follows.
2 In subsection (6), after paragraph (f) insert—
.
3 After subsection (8) insert—

I48757 Health and Safety at Work etc Act 1974 (c. 37)

In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information), after “section 103 of that Act,” insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.

I43958 Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

In section 44 of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1), in the definition of “local authority”—
a in paragraph (a), after “section 103 of that Act,” insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”;
b in paragraph (c), after “section 103 of that Act, insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.

I48859 Rent (Agriculture) Act 1976 (c. 80)

In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to local authority), after paragraph (bbzb) insert—
.

I48960 Rent Act 1977 (c. 42)

In section 14(1) of the Rent Act 1977 (landlord’s interest belonging to local authority etc), after paragraph (cbc) insert—
.

I49061 Protection from Eviction Act 1977 (c. 43)

In section 3A(8) of the Protection from Eviction Act 1977 (excluded tenancies and licences), after paragraph (ab) insert—
.

Local Government, Planning and Land Act 1980 (c. 65)

I70062The Local Government, Planning and Land Act 1980 is amended as follows.
I44063In section 2(1) (duty of authorities to publish information), after paragraph (kac) insert—
.
I44164In section 98(8A) (disposal of land at direction of Secretary of State), after paragraph (ezb) insert—
.
I44265In section 99(4) (directions to dispose of land), after paragraph (dbzb) insert—
.
I44366In section 100(1)(a) (interpretation and extent of Part 10), for “or a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.
I44467In Schedule 16 (bodies to whom Part 10 applies), after paragraph 5BZB insert—

I49168 Public Passenger Vehicles Act 1981 (c. 14)

In section 4C(4) of the Public Passenger Vehicles Act 1981 (power of senior traffic commissioner to give guidance and directions), in paragraph (e), after “of combined authorities” insert “established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, of combined county authorities established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

I44569 Acquisition of Land Act 1981 (c. 67)

In section 17(4)(a) of the Acquisition of Land Act 1981 (local authority land), in the definition of “local authority”, for “or a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

I70170The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.
I49271In section 33(9) (enforceability by local authorities of covenants relating to land)—
a in paragraph (a), for “or a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”;
b in paragraph (b), for “or combined authority” substitute “, combined authority or combined county authority”.
I49372In section 41(13) (lost and uncollected property), in the definition of “local authority”, after paragraph (ezb) insert—
.

I49473 Stock Transfer Act 1982 (c. 41)

In Schedule 1 to the Stock Transfer Act 1982 (specified securities), in paragraph 7(2)(a), after “section 103 of that Act” insert “, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

I49574 County Courts Act 1984 (c. 28)

In section 60(3) of the County Courts Act 1984 (rights of audience), in the definition of “local authority”, after “section 103 of that Act,” insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.

Local Government Act 1985 (c. 51)

I70275The Local Government Act 1985 is amended as follows.
I46276In section 72(5) (accounts and audit), after paragraph (c) insert—
I46377In section 73(2) (financial administration), after paragraph (b) insert—

Transport Act 1985 (c. 67)

I70378The Transport Act 1985 is amended as follows.
I49679In section 27A(7)(b) (additional powers where service not operated as registered), for “or combined authority” substitute “, combined authority or combined county authority”.
I49780In section 64(1)(a) (consultation with respect to policies), after “combined authority,” insert “combined county authority,”.
I49881In section 93(8)(b) (travel concession schemes), for “and a combined authority” substitute “, a combined authority and a combined county authority”.
I49982In section 106(4) (grants for transport facilities and services), after paragraph (aa) insert—
.
I50083In section 137 (general interpretation), after subsection (5A) insert—

I39884 Housing Act 1985 (c. 68)

1 Section 4 of the Housing Act 1985 (other descriptions of authority) is amended as follows.
2 In subsection (1)(e), after “combined authority,” insert “a combined county authority,”.
3 In subsection (2), at the appropriate place insert—
.

I50185 Housing Associations Act 1985 (c. 69)

In section 106(1) (minor definitions) of the Housing Associations Act 1985, in the definition of “local authority”—
a for “and a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act and a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”;
b after “such a combined authority,” insert “such a combined county authority,”.

I50286 Landlord and Tenant Act 1985 (c. 70)

In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the definition of “local authority”, after “section 103 of that Act,” insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.

Local Government Act 1986 (c. 10)

I70487The Local Government Act 1986 is amended as follows.
I50388In section 6(2)(a) (interpretation and application of Part 2), after “a combined authority established under section 103 of that Act,”, and on a new line, insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.
I50489In section 9(1)(a) (interpretation and application of Part 3), after “a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,”, and on a new line, insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.

I50590 Landlord and Tenant Act 1987 (c. 31)

In section 58(1)(a) of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords), for “or a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

I50691 Local Government Act 1988 (c. 9)

In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities), after the entry for a combined authority established under the Local Democracy, Economic Development and Construction Act 2009, and on a new line, insert “A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.”

Local Government Finance Act 1988 (c. 41)

I70592The Local Government Finance Act 1988 is amended as follows.
I50793In section 74 (levies), after subsection (14) insert—
I50894In section 88B(9) (special grant: relevant authorities), after paragraph (c) insert—
I50995In section 111(2) (financial administration: relevant authorities), after paragraph (ib) insert—
.
I51096In section 143 (orders and regulations), after subsection (4B) insert—

Housing Act 1988 (c. 50)

I70697The Housing Act 1988 is amended as follows.
I44698In section 74(8) (transfer of land and other property to housing action trusts), after paragraph (fc) insert—
.
I44799In Schedule 1 (tenancies which cannot be assured tenancies), in paragraph 12(2), after paragraph (fb) (and before the “and” at the end of that paragraph) insert—
.

I511100 Road Traffic Act 1988 (c. 52)

In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), for “or a combined authority established under section 103 of that Act” substitute “, a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

Local Government and Housing Act 1989 (c. 42)

I707101The Local Government and Housing Act 1989 is amended as follows.
I328102In section 21(1) (interpretation of Part 1), after paragraph (jb) insert—
.
I329103In section 152(2) (interpretation), after paragraph (izb) insert—
.
I330104In section 157(6) (periodic payments of grants)—
a omit the “and” at the end of paragraph (j), and
b after paragraph (k) insert—
.
I331105
1 Schedule 1 (political balance on local authority committees etc) is amended as follows.
2 In paragraph 2(1), for “(jb)” substitute “(jba)”.
3 In paragraph 4(1), in paragraph (a) of the definition of “relevant authority”, for “(jb)” substitute “(jba)”.

Town and Country Planning Act 1990 (c. 8)

I708106The TCPA 1990 is amended as follows.
I409107In section 252(12) (procedure for making orders), in the definition of “local authority”, after “section 103 of that Act,” insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,”.
I410108In Schedule 14 (procedure for footpaths and bridleways orders), in paragraph 1(3), in the definition of “council”, after “section 103 of that Act” insert “, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

I512109 Further and Higher Education Act 1992 (c. 13)

In section 54(1)(e)(ii) of the Further and Higher Education Act 1992 (duty to give information), for “or a combined authority” substitute “, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

Local Government Finance Act 1992 (c. 14)

I709110The Local Government Finance Act 1992 is amended as follows.
I334111In section 39(1) (major precepting authorities), after paragraph (ab) insert—
.
I335112In section 40 (issue of precepts by major precepting authority), after subsection (11) insert—

I513113 Local Government (Overseas Assistance) Act 1993 (c. 25)

In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance), after paragraph (dzb) insert—
.

Railways Act 1993 (c. 43)

I710114The Railways Act 1993 is amended as follows.
I514115In section 25(1) (public sector operators not to be franchisees)—
a after paragraph (ca) insert—
;
b in paragraph (d), for “or a combined authority” substitute “, a combined authority or a combined county authority”.
I515116In section 149(5) (service of documents), in the definition of “local authority”, for “and a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009” substitute “, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 and a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023”.

I516117 Deregulation and Contracting Out Act 1994 (c. 40)

In section 79A of the Deregulation and Contracting Out Act 1994 (meaning of “local authority”: England), after paragraph (mb) insert—
.

I449118 Environment Act 1995 (c. 25)

After section 86B of the Environment Act 1995 insert—

I517119 Housing Grants, Construction and Regeneration Act 1996 (c. 53)

In section 3(2) of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants), after paragraph (jc) insert—
.

I518120 Crime and Disorder Act 1998 (c. 37)

In section 17(2) of the Crime and Disorder Act 1998 (duty to consider crime and disorder implications), after “a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;”, and on a new line, insert “a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;”.

I519121 Local Government Act 1999 (c. 27)

In section 1(1) of the Local Government Act 1999 (best value authorities), after paragraph (hc) insert—
.

I402122 Greater London Authority Act 1999 (c. 29)

In section 211(1) of the GLAA 1999 (public sector operators)—
a after paragraph (ca) insert—
, and
b in paragraph (d), for “or combined authority” substitute “, combined authority or combined county authority”.

I520123 Freedom of Information Act 2000 (c. 36)

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), after paragraph 19B insert—

Transport Act 2000 (c. 38)

I711124The Transport Act 2000 is amended as follows.
I521125In section 108(4) (local transport plans), after paragraph (ca) (but before the “or” at the end of that paragraph) insert—
.
I522126
1 Section 109 (further provision about local transport plans in England) is amended as follows.
2 In subsection (2A), in the opening words, for “or a combined authority” substitute “, a combined authority or a combined county authority”.
3 In subsection (2B)—
a in the opening words, for “or a combined authority” substitute “, a combined authority or a combined county authority”;
b in paragraph (a), after “combined authority” insert “or combined county authority”;
c in paragraph (c), after “combined authority” insert “or combined county authority”.
I523127
1 Section 113 (role of metropolitan district councils) is amended as follows.
2 In subsection (2), after “a combined authority” insert “or a combined county authority”.
3 in subsection (2A), in each of paragraphs (a), (b) and (c), after “combined authority” insert “or combined county authority”.
I524128In section 123A(4) (franchising schemes)—
a after paragraph (a) insert—
;
b omit the “or” at the end of paragraph (e);
c at the end of paragraph (f) insert
;
d in the words after paragraph (g), for “(f)” substitute “(g)”.
I525129In section 123C(2) (consent of the Secretary of State and notice)—
a omit the “or” at the end of paragraph (a);
b at the end of paragraph (b) insert
I526130In section 123G (response to consultation), after subsection (4) insert—
I527131In section 123M (variation of scheme), after subsection (6) insert—
I528132In section 123N (revocation of scheme), after subsection (7) insert—
I529133
1 Section 157 (grants to Integrated Transport Authorities and combined authorities) is amended as follows.
2 In the heading, for “and combined authorities” substitute “, combined authorities and combined county authorities”.
3 After subsection (1A) insert—
I530134
1 Section 162 (interpretation of Part 2) is amended as follows.
2 In subsection (1), at the appropriate place insert—
.
3 After subsection (5A) insert—
I531135
1 Section 163 (road user charging schemes: preliminary) is amended as follows.
2 In each of subsections (3)(bb), (3)(cc) and (4A), for “or combined authority” substitute “, combined authority or combined county authority”.
3 After subsection (5A) insert—
I532136
1 Section 164 (local charging schemes) is amended as follows.
2 In subsection (2), for “or the area of a combined authority” substitute “, the area of a combined authority or the area of a combined county authority”.
3 In subsection (3)—
a in the opening words, for “or the area of a combined authority” substitute “, the area of a combined authority or the area of a combined county authority”;
b in paragraph (b), after “combined authority” insert “or combined county authority”.
I533137
1 Section 165 (joint local charging schemes) is amended as follows.
2 In subsection (2), for “or the area of a combined authority” substitute “, the area of a combined authority or the area of a combined county authority”.
3 In subsection (3)—
a in the opening words, for “or the area of a combined authority” substitute “, the area of a combined authority or the area of a combined county authority”;
b in paragraph (b), after “combined authority” insert “or combined county authority”.
I534138In section 165A(1)(b) (joint local-ITA charging schemes), after “combined authority” insert “or combined county authority”.
I535139
1 Section 166 (joint local-London charging schemes) is amended as follows.
2 In subsection (2), for “or the area of a combined authority” substitute “, the area of a combined authority or the area of a combined county authority”.
3 In subsection (3)—
a in the opening words, for “or the area of a combined authority” substitute “, the area of a combined authority or the area of a combined county authority”;
b in paragraph (b), after “combined authority” insert “or combined county authority”.
I536140
1 Section 166A (joint ITA-London charging schemes) is amended as follows.
2 In subsection (1)(b), after “combined authority” insert “or combined county authority”.
3 In subsection (3)(b), for “or combined authority” substitute “, combined authority or combined county authority”.
I537141In section 167(2)(b) (trunk road charging schemes), after “a combined authority” insert “, a combined county authority”.
I538142In section 168(2) (charging schemes to be made by order)—
a after “a combined authority” insert “, a combined county authority”;
b for “or the combined authority” substitute “, the combined authority or the combined county authority”.
I539143
1 Section 170 (charging schemes: consultation and inquiries) is amended as follows.
2 In subsection (1A)(b), for “or a combined authority” substitute “, a combined authority or a combined county authority”.
3 In subsection (7)(a), for “or combined authority” substitute “, combined authority or combined county authority”.
I540144In section 177A(1) (power to require information), for “or combined authority” substitute “, combined authority or combined county authority”.
I541145In section 193(1) (guidance), after “combined authorities” insert “, combined county authorities”.
I542146In section 194 (information), in each of subsections (1), (2) and (6), for “or combined authority” substitute “, combined authority or combined county authority”.
I543147In section 198(1) (interpretation of Part 3), at the appropriate place insert—
.
I544148
1 Schedule 12 (road user charging and workplace parking levy: financial provisions) is amended as follows.
2 In each of paragraphs 2(4), 3(2) and 7(5)(c), for “or combined authority” substitute “, combined authority or combined county authority”.
3 In paragraph 8(3)(aa), for “and combined authorities” substitute “, combined authorities and combined county authorities”.
4 In paragraph 8(4)(aa), for “or combined authority” substitute “, combined authority or combined county authority”.
5 In paragraph 11A—
a in sub-paragraph (1), for “or combined authority’s” substitute “, combined authority’s or combined county authority’s”;
b in sub-paragraph (4), after “combined authority” insert “or combined county authority”.
6 In each of paragraphs 11B(1) and 11C(1) and (3), for “or a combined authority” substitute “, a combined authority or a combined county authority”.

Local Government Act 2003 (c. 26)

I712149The Local Government Act 2003 is amended as follows.
I358150
1 Section 23 (meaning of “local authority” for the purposes of Part 1) is amended as follows.
2 After subsection (8) insert—
3 In subsection (10), after “(5)” insert “or (8A)”.
I359151In section 33(1) (local authorities for the purposes of Chapter 1 of Part 2), after paragraph (jc) insert—
.
I360152In section 93(7) (power to charge for discretionary services: prohibitions to be disregarded)—
a in paragraph (d), for “and combined authorities” substitute “, combined authorities and combined county authorities”, and
b omit the “and” at the end of paragraph (f), and
c at the end of paragraph (g) insert

I545153 Courts Act 2003 (c. 39)

In section 41(6) of the Courts Act 2003 (disqualification of lay justices who are members of local authorities), after paragraph (eb) insert—
.

Planning and Compulsory Purchase Act 2004 (c. 5)

I713154The PCPA 2004 is amended as follows.
I400155In section 27A (default powers), in the heading and in the section, after “combined authority” insert “, combined county authority”.
I401156
1 Schedule A1 (default powers exercisable by Mayor of London, combined authority or county council) is amended as follows.
2 In the heading, after “combined authority” insert “, combined county authority”.
3 After paragraph 7 insert—
4 In paragraph 8—
a in sub-paragraph (1), after paragraph (b) (but before the “or” at the end of that paragraph) insert—
;
b in sub-paragraph (2)(a)—
i after “6(4)(a)” insert “, 7ZC(4)(a)”;
ii after “the combined authority” insert “, the combined county authority”;
c in sub-paragraph (3)(a), after “the combined authority” insert “, the combined county authority”;
d in sub-paragraph (5), after “6(4)(a)” insert “, 7ZC(4)(a)”;
e in sub-paragraph (7)—
i in paragraph (b), after “6(4)(a)” insert “, 7ZC(4)(a)”;
ii in the words after paragraph (b), after “the combined authority” insert “, the combined county authority”.
5 In paragraph 9(8), after “the combined authority” insert “, the combined county authority”.
6 In paragraph 12, after “the combined authority” insert “, the combined county authority”.
7 In paragraph 13(1), after “a combined authority” insert “, a combined county authority”.

I546157 Fire and Rescue Services Act 2004 (c. 21)

In section 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities), for subsection (5) substitute—

I547158 Children Act 2004 (c. 31)

In section 50 of the Children Act 2004 (intervention - England), after subsection (7) insert—

I548159 Railways Act 2005 (c. 14)

In section 33(2) of the Railways Act 2005 (closure requirements), after paragraph (da) insert—
.

I459160 Childcare Act 2006 (c. 21)

In section 15 of the Childcare Act 2006 (powers of Secretary of State to secure proper performance), after subsection (6A) insert—

I549161 Education and Inspections Act 2006 (c. 40)

1 Section 123 of the Education and Inspections Act 2006 (education and training to which Chapter 3 of Part 8 applies) is amended as follows.
2 In subsection (1), after paragraph (ea) insert—
.
3 For subsection (5), substitute—

National Health Service Act 2006 (c. 41)

I714162The National Health Service Act 2006 is amended as follows.
I550163In section 7A(2) (exercise of Secretary of State’s public health functions), after paragraph (d) (but before the “or” at the end of that paragraph) insert—
.
I551164In section 12ZB(7) (procurement regulations), in the definition of “relevant authority”, after paragraph (a) insert—
.
I552165In section 13UA(2) (guidance about joint appointments)—
a omit the “or” at the end of paragraph (b), and
b at the end of paragraph (c) insert
I553166In section 65Z5(1) (joint working and delegation arrangements), after paragraph (c) insert—
I554167In section 65Z6(1) (joint committees and pooled funds), after paragraph (c) insert—
I555168In section 75 (arrangements between NHS bodies and local authorities), after subsection (7F) insert—
I556169In section 275(1) (interpretation), at the appropriate place insert—
.
I557170In section 276 (index of defined expressions), at the appropriate place insert—
.

I558171 Concessionary Bus Travel Act 2007 (c. 13)

In section 9(6)(b) of the Concessionary Bus Travel Act 2007 (variation of reimbursement etc), for “or combined authority” substitute “, combined authority or combined county authority”.

Local Government and Public Involvement in Health Act 2007 (c. 28)

I715172The Local Government and Public Involvement in Health Act 2007 is amended as follows.
I559173In section 23(1) (definitions for the purposes of Chapter 1 of Part 1), in the definition of “public body”, after paragraph (g) insert—
I560174In section 104(2) (application of Chapter 1 of Part 5: partner authorities), after paragraph (ib) insert—
.

Local Transport Act 2008 (c. 26)

I716175The Local Transport Act 2008 is amended as follows.
I561176After section 89A insert—
I562177
1 Section 90 (changing the boundaries of an integrated transport area) is amended as follows.
2 In subsection (5)—
a the words from “a combined authority” to the end of the subsection become paragraph (a), and
b at the end of that paragraph insert
3 In subsection (6)—
a the words from “the area of” to the end of the subsection become paragraph (a),
b in that paragraph, for “that Act” substitute “the Local Democracy, Economic Development and Construction Act 2009”, and
c at the end of that paragraph insert
I563178
1 Section 91 (dissolution of an integrated transport area) is amended as follows.
2 In subsection (4)—
a the words from “a combined authority” to the end of the subsection become paragraph (a), and
b at the end of that paragraph insert
3 In subsection (5)—
a the words from “the area or part of the area” to the end of the subsection become paragraph (a),
b in that paragraph, for “that Act” substitute “the Local Democracy, Economic Development and Construction Act 2009”, and
c at the end of that paragraph insert
I564179
1 Section 102A (application of Chapter to combined authorities) is amended as follows.
2 In the heading, after “combined authorities” insert “and combined county authorities”.
3 After subsection (2) insert—
I565180
1 Section 102E (power to establish STBs) is amended as follows.
2 In subsection (5), after paragraph (a) insert—
.
3 In subsection (6), after paragraph (a) (but before the “or” at the end of that paragraph) insert—
.
I566181In section 102F(7) (requirements in connection with regulations under section 102E), after paragraph (a) insert—
.
I567182In section 102G(10) (constitution of STBs), after paragraph (a) insert—
.
I568183In section 102I(7) (transport strategy of an STB), after paragraph (b) insert—
.
I569184In section 102J(7) (exercise of local transport functions), after paragraph (a) insert—
.
I570185In section 102U, at the appropriate place insert—
.

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

I717186The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
I350187In section 35(2) (mutual insurance: supplementary), after paragraph (r) insert—
I351188In section 88(5) (areas of economic prosperity boards)—
a omit the “or” at the end of paragraph (a), and
b at the end of paragraph (b) insert
I352189In section 103(5) (areas of combined authorities) at the end of paragraph (a) insert—
.
I353190
1 Section 106 (changes to boundaries of a combined authority’s area) is amended as follows.
2 In subsection (6), after “an ITA” insert “or a combined county authority”.
3 In subsection (7)—
a the words from “the integrated transport area” to the end of the subsection become paragraph (a), and
b at the end of that paragraph insert
I354191
1 Section 107 (dissolution of a combined authority’s area) is amended as follows.
2 In subsection (6), after “an ITA” insert “or a combined county authority”.
3 In subsection (7)—
a the words from “the integrated transport area” to the end of the subsection become paragraph (a), and
b at the end of that paragraph insert
I355192In section 118(5) (guidance), after paragraph (e) insert—
I356193In section 120 (interpretation of Part 6), at the appropriate place insert—
.

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

I718194The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.
I571195
1 Section 100 (provision of financial resources) is amended as follows.
2 After subsection (1AA) insert—
3 In subsection (5), at the appropriate place insert—
.
I572196
1 Section 122 (sharing of information for education and training purposes) is amended as follows.
2 In subsection (3), after paragraph (fb) insert—
.
3 In subsection (5)—
a omit the “or” at the end of paragraph (c), and
b at the end of paragraph (d) insert

I573197 Equality Act 2010 (c. 15)

In Part 1 of Schedule 19 to the Equality Act 2010, under the heading “local government”, after the entry for a combined authority insert—

I438198 Localism Act 2011 (c. 20)

In section 27(6) of the Localism Act 2011 (duty to promote and maintain high standards of conduct), after paragraph (n) insert—

Local Audit and Accountability Act 2014 (c. 2)

I719199The Local Audit and Accountability Act 2014 is amended as follows.
I574200In section 40(6) (access to local government meetings and documents), after paragraph (ja) insert—
.
I575201In section 44(1) (interpretation of Act), at the appropriate place insert—
.
I576202In Schedule 2, after paragraph 28 insert—

Cities and Local Government Devolution Act 2016 (c. 1)

I720203The Cities and Local Government Devolution Act 2016 is amended as follows.
I362204
1 Section 1 (devolution: annual report) is amended as follows.
2 In subsection (1), after “this Act” insert “or Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”.
3 In subsection (2)—
a in paragraph (c), after “a combined authority” insert “or a combined county authority”;
b in paragraph (e), after “combined authorities” insert “, combined county authorities”.
4 In subsection (4), after the definition of “combined authority” insert—
.
I363205
1 Section 18 (devolving health service functions) is amended as follows.
2 In subsection (1)—
a in the words before paragraph (a), for the words from “or an order” to “(“the 2009 Act”)” substitute “, an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009 (transfer of public authority functions to combined authorities) (“the 2009 Act”) or regulations under section 19(1) of the Levelling-up and Regeneration Act 2023 (transfer of public authority functions to combined authorities) (“the 2022 Act”)”, and
b in paragraph (c), for “or a combined authority” substitute “, a combined authority or a combined county authority”.
3 In subsection (2), in the words after paragraph (h), for “or an order under section 105A of the 2009 Act” substitute “, an order under section 105A of the 2009 Act or regulations under section 19(1) of the 2022 Act”.
4 In subsection (7)—
a in the words before paragraph (a), for “or by an order under section 105A of the 2009 Act” substitute “, by an order under section 105A of the 2009 Act or by regulations under section 19(1) of the 2022 Act”, and
b in each of paragraphs (a) and (b), for “or a combined authority” substitute “, a combined authority or a combined county authority”.
5 In subsection (8)—
a for “or a combined authority” substitute “, a combined authority or a combined county authority”, and
b for “, or by an order under section 105A of the 1999 Act” substitute “, by an order under section 105A of the 1999 Act or by regulations under section 19(1) of the 2022 Act”.

Policing and Crime Act 2017 (c. 3)

I721206The Policing and Crime Act 2017 is amended as follows.
I577207In section 3 (collaboration agreements: specific restrictions), after subsection (7) insert—
I578208In section 5(5) (collaboration agreements: definitions)—
a omit the “or” at the end of paragraph (b);
b after paragraph (c) insert—

Technical and Further Education Act 2017 (c. 19)

I722209The Technical and Further Education Act 2017 is amended as follows.
I579210In Schedule 3 (conduct of education administration: statutory corporations)—
a in paragraph 13(b), in the inserted paragraph (ab), for “or combined authority” substitute “, combined authority or combined county authority”;
b in paragraph 38(c)—
i after the definition of “combined authority”, insert—
;
ii in the definition of “director of children’s services”, in paragraph (b), after “a combined authority” insert “or a combined county authority”.
I580211In Schedule 4 (conduct of education administration: companies)—
a in paragraph 12(b), in the inserted paragraph (ab), for “or combined authority” substitute “, combined authority or combined county authority”;
b in paragraph 36(c)—
i after the definition of “combined authority”, insert—
;
ii in the definition of “director of children’s services”, in paragraph (b), after “a combined authority” insert “or a combined county authority”.

F10212 Bus Services Act 2017 (c. 21)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Digital Economy Act 2017 (c. 30)

I723213The Digital Economy Act 2017 is amended as follows.
I581214In Schedule 4 (public service delivery: specified persons for the purposes of section 35), after paragraph 14 insert—
I582215In Schedule 5 (public service delivery: specified persons for the purposes of sections 36 and 37), after paragraph 8 insert—
I583216In Schedule 6 (public service delivery: specified persons for the purposes of sections 36 and 37), after paragraph 7 insert—

I584217 Data Protection Act 2018 (c.12)

In Schedule 1 to the Data Protection Act 2018 (special categories of personal data and criminal convictions etc data), in paragraph 23(3), after paragraph (h) insert—
.

I585218 Automated and Electric Vehicles Act 2018 (c. 18)

1 Section 12 of the Automated and Electric Vehicles Act 2018 (duty to consider making regulations under section 11(1)(a) on request from mayor) is amended as follows.
2 In subsection (7)—
a in paragraph (a), after “a combined authority” insert “, a combined county authority”;
b in paragraph (b), after sub-paragraph (i) insert—
.
3 In subsection (8), in the appropriate place insert—
.

Skills and Post-16 Education Act 2022 (c. 21)

I724219The Skills and Post-16 Education Act 2022 is amended as follows.
I586220In section 1(7) (views of relevant authority in relation to local skills improvement plan), for paragraph (a), and the “or” at the end of that paragraph, substitute—
.
I587221
1 Section 4 (interpretation of sections 1 to 4) is amended as follows.
2 In subsection (1), at the appropriate place insert—
.
3 In subsection (2), after paragraph (b) insert—
.
I588222In section 19(2) (meaning of “relevant provider”), after paragraph (g) insert—
.
I589223In section 20(7) (meaning of “funding authority”), after paragraph (c) insert—
.
I590224In section 21(2) (interpretation of sections 19 to 21), at the appropriate place insert—
.

I591225 Health and Care Act 2022 (c. 31)

In section 180(2) of the Health and Care Act 2022 (licensing of cosmetic procedures), in the definition of “local authority”, after paragraph (d) insert—
.

Elections Act 2022 (c. 37)

I156I611I822226The Elections Act 2022 is amended as follows.
I157I592227In section 37(1) (interpretation of Part 5), in the definition of “relevant elective office”, after paragraph (f) insert—
.
I158I593228In section 45(9) (meaning of “relevant election”), after paragraph (g) insert—
.
I159I594229
1 Paragraph 1 of Schedule 11 (illegal practices) is amended as follows.
2 In sub-paragraph (1)(b)—
a omit the “or” at the end of sub-paragraph (iv), and
b after sub-paragraph (v) (but before the “and” at the end of that sub-paragraph) insert
.
3 In sub-paragraph (4)—
a omit the “and” at the end of paragraph (b), and
b at the end of paragraph (c) insert
4 After sub-paragraph (5) insert—
I160I821230In paragraph 12(4) of Schedule 8 (voting and candidacy rights of EU citizens: transitional provision), after paragraph (d) insert—
.

Schedule 5 

Alteration of street names: consequential amendments

section 81

I161I7541 Public Health Acts Amendment Act 1907

In section 21 of the Public Health Acts Amendment Act 1907 (power to alter names of streets), at the end insert—

I162I7552 Public Health Act 1925

In section 18 of the Public Health Act 1925 (alteration of name of street), after subsection (4) insert—

I163I7563 London Building Acts (Amendment) Act 1939

In section 6 (assigning of names to streets etc), after subsection (3) insert—

I164I7414 Local Government Act 1972

In Part 2 of Schedule 14 to the Local Government Act 1972 (amendments and modifications of Public Health Acts etc), in paragraph 26(c) for “sections 21 and” substitute “section”.

Schedule 6 

Determinations and other decisions: having regard to national development management policies

Section 93(5)

Town and Country Planning Act 1990

I1651 TCPA 1990 is amended as follows.
I1662 In section 59A (development orders: permission in principle), in subsection (11), after “development plan” insert “, any national development management policies so far as they are material”.
I1673 In section 70 (determination of applications for planning permission: general considerations),—
a in subsection (2), after paragraph (aza) insert—
;
b in subsection (2A), for “(2)(b)” substitute “(2)(azb) and (b)”.
I1684 In section 70A (power to decline to determine subsequent application)—
a after subsection (5) insert—
;
b in subsection (6), after “considerations” insert “, in relation to a local planning authority in Wales,”.
I1695 In section 74 (directions etc as to method of dealing with applications)—
a in subsection (1)(b), at the end insert “or, in the case of an authority in England, any national development management policy”;
b in subsection (1C), after paragraph (a) (but before the “and” at the end of that paragraph) insert—
.
I1706 In section 91 (general condition limiting duration of planning permission), in subsection (2), for “shall be” substitute
.
I1717 In section 92 (outline planning permission), in subsection (6), for “shall have regard” substitute
.
I1728 In section 97 (power to revoke or modify planning permission or permission in principle), in subsection (2), for “shall have regard” substitute
.
I1739 In section 102 (orders requiring discontinuance of use or alteration or removal of buildings or works)—
a in subsection (1), for “the development plan and to any other material considerations” substitute “the relevant considerations”;
b after that subsection insert—
I17410 In section 172 (issue of enforcement notice), in subsection (1)(b), for “regard” substitute
.
I17511 In section 177 (grant or modification of planning permission on appeals against enforcement notices), for subsection (2) substitute—
I17612 In Schedule 4B (process for making of neighbourhood development orders)—
a in paragraph 5(5), before paragraph (a) insert—
;
b in paragraph 8(2), after paragraph (d) insert—
.
I17713 In Schedule 9 (requirements relating to discontinuance of mineral working), in paragraph 1—
a in sub-paragraph (1), for “the development plan and to any other material considerations” substitute “the relevant considerations”;
b after that sub-paragraph insert—

I17814 Planning (Hazardous Substances) Act 1990

In section 9 of the Hazardous Substances Act (determination of applications for hazardous substances consent), in subsection (2), after paragraph (c) insert—
.

I17915 Greater London Authority Act 1999

In section 337(2) of GLAA 1999 (matters that may give rise to modification of spatial development strategy for London before publication), after paragraph (c) (but before the “or” at the end of that paragraph) insert—
.

I326I925I935Schedule 7 

Plan making

Section 97

I925I935In Part 2 of PCPA 2004 (local development) for sections 15 to 37 (and the heading before section 15) substitute—

Schedule 8 

Minor and consequential amendments in connection with Chapter 2 of Part 3

Section 101

I180I9301 Local Government Act 1972

In section 138C of the Local Government Act 1972 (application of sections 138A and 138B to other authorities), in subsections (1)(s) and (2)(c), for “an order under section 29” substitute “regulations made under section 15J”.

I181I9672 Town and Country Planning Act 1990

TCPA 1990 is amended as follows.
I182I9483In section 2A (the Mayor of London: applications of potential strategic importance), in subsection (6)(aa), for “development plan document” substitute “local plan, document which is or forms part of a minerals and waste plan or supplementary plan”.
I183I9494In section 59A (development orders: permission in principle)—
a in paragraph (b) of subsection (3)—
i for “development plan document” substitute “local plan or supplementary plan”;
ii for “section 37” substitute “section 15LH”;
b after that paragraph insert—
c in subsection (5)(b), for “development plan document” substitute “local plan, minerals and waste plan document or supplementary plan”.
I184I9505In section 70(4) (determination of applications: definitions), in paragraph (l) of the definition of “relevant authority”, for “section 29” substitute “section 15J”.
I185I9516In section 74 (directions etc as to method of dealing with applications), in subsection (1BB) for “development plan document” substitute “local plan, document which is or forms part of a minerals and waste plan or supplementary plan”.
I1867
I9271 Section 303A (responsibility of local planning authorities for costs of holding certain inquiries etc) is amended as follows.
2 In subsection (1A)—
a before paragraph (a) insert—
;
I927b in paragraph (a), for “20, 21(5)(b), 27(3)(a)” substitute “15D, 15DB, 15H(3)(b), 15HA(6)(a)”.
3 In subsection (9A)—
a in paragraph (a)—
I952i after “submit a” insert “strategy, plan or”;
ii after “for” insert “public or”;
b in paragraph (b), for “27(2)(a)” substitute “15HA(3)(b) or 15HA(6)(a)”.
I9274 After subsection (9A) insert—
I9275 In subsection (10), before paragraph (a) insert—
.
I9276 After subsection (11) insert—
I187I9538In section 306 (contributions by local authorities and statutory undertakers), in subsection (2)(ab)—
a after “by a” insert “minerals and waste planning authority or”;
b after “duty of” insert “minerals and waste planning authority or”.
I188I9549In section 324 (rights of entry), in subsection (1)(a), for “local development document” substitute “local plan, document which is or forms part of a minerals and waste plan or supplementary plan”.
I18910In section 336 (interpretation), after the definition of “mortgage” insert—
.
I190I95511
1 Schedule 1 (local planning authorities: distribution of functions) is amended as follows.
2 In paragraph 7, for sub-paragraph (10) substitute—
3 In paragraph 8(3E), in paragraph (b) of the definition of “relevant neighbourhood development plan”, for “(3)” substitute “(2A)”.
4 In paragraph 8A(2), in paragraph (b) of the definition of “relevant neighbourhood development plan”, for “(3)” substitute “(2A)”.
I191I95612In Schedule 13 (blighted land), in paragraph 1A—
a for “development plan document”, in the first place it appears, substitute “local plan, minerals and waste plan or supplementary plan”;
b for Note (2) substitute—
;
c omit Note (3);
d for Note (4) substitute—

I192I96813 Greater London Authority Act 1999

GLAA 1999 is amended as follows.
I19314In section 338 (examination in public), at the end of subsection (1) insert “in relation to the proposed strategy”.
I194I94615In section 346 (monitoring and data collection), in paragraph (b), for “local development documents” substitute “local plan, any document which is or forms part of a minerals and waste plan and any supplementary plans”.
I195I94716In section 347 (functional bodies to have regard to strategy)—
a for “section 24” substitute “sections 15CA(2) and 15CC(7)”;
b for “requires certain of a Mayoral development corporation’s documents” substitute “require local plans, minerals and waste plans and supplementary plans”.

I196I96917 Planning and Compulsory Purchase Act 2004

PCPA 2004 is amended as follows.
I197I93618For section 14 (survey of area: county councils) substitute—
I198I93719In section 38 (development plan), in subsection (7), after “enactments” insert “mentioned in subsection (1)”.
I199I93820In section 38A (meaning of “neighbourhood development plan”), in subsection (12)—
a after “this section” insert “and section 38B”;
b in the definition of “local planning authority”, for the words from “section 37” to the end of the definition substitute “section 15LF)”.
I200I93921In section 39 (sustainable development), in subsection (1)—
a in paragraph (b), for “local development documents” substituted “a joint spatial development strategy, local plan, minerals and waste plan or supplementary plan”;
b after that paragraph insert—
I201I94022In section 61 (Wales: survey), for subsection (6) substitute—
I20223
I9411 Section 113 (validity of strategies, plans and documents) is amended as follows.
I9412 In subsection (1)—
a after paragraph (ba) insert—
;
b omit paragraph (c);
c in paragraph (e), for “(c)” substitute “(bb), (bc), (bd)”;
d in paragraph (f), for “the Mayor of London’s” substitute “a”;
e in paragraph (g), for “the” substitute “a”.
I9423 In subsection (9)—
a in paragraph (c), for “development plan document” substitute “local plan, minerals and waste plan or supplementary plan”;
b in paragraph (e), after “strategy” insert “for London”;
c after that paragraph insert—
I9414 In subsection (11)—
a in paragraph (c)—
i for “development plan document” substitute “local plan, minerals and waste plan or supplementary plan”;
ii for the words from “by the local” to the end substitute “or approved (as the case may be) under Part 2;”;
b in paragraph (e)—
i for “the”, in the second place it occurs, substitute “a”;
ii for “the Mayor of London publishes it” substitute “it becomes operative”.
I9425 After subsection (12) insert—
I203I94324In section 116 (Isles of Scilly), in subsection (2)(b), after “local planning authority” insert “or minerals and waste planning authority”.
I204I94425In section 122 (regulations and orders)—
a in subsection (5), before paragraph (a) insert—
;
b in subsection (6), after “(5)” insert “(za), (zb),”.
I205I94526
1 Schedule A1 (default powers exercisable by Mayor of London, combined authority or county council) is amended as follows.
2 For paragraph 1 substitute—
3 In paragraph 2—
a in sub-paragraph (1), for “development plan document” substitute “local plan”;
b after that sub-paragraph insert—
;
c for sub-paragraph (4) substitute—
4 In paragraph 3—
a for sub-paragraph (1) substitute—
;
b in sub-paragraph (3)(a), omit “or omitted”;
c for sub-paragraph (4) substitute—
i for “joint local development document or a joint development plan document” substitute “joint local plan”;
ii for “the document” substitute “the plan”.
5 In paragraph 4, for “section 29” substitute “section 15J”.
6 For paragraph 5 substitute—
7 In paragraph 6—
a in sub-paragraph (1), for “development plan document” substitute “local plan”;
b after that sub-paragraph insert—
;
c for sub-paragraph (4) substitute—
8 In paragraph 7—
a for sub-paragraph (1) substitute—
;
b in sub-paragraph (3)(a), omit “or omitted”;
c in sub-paragraph (4)—
i for “joint local development document or a joint development plan document” substitute “joint local plan”;
ii for “the document” substitute “the plan”.
9 In paragraph 7ZA (inserted by paragraph 156 of Schedule 4 to this Act), in paragraph (b) of the definition of “constituent planning authority”, for “29” substitute “15J”.
10 For paragraph 7ZB (inserted by paragraph 156 of Schedule 4 to this Act) substitute—
11 In paragraph 7ZC (inserted by paragraph 156 of Schedule 4 to this Act)—
a in sub-paragraph (1), for “development plan document” substitute “local plan”;
b after that sub-paragraph insert—
;
c for sub-paragraph (4) substitute—
12 In paragraph 7ZD (inserted by paragraph 156 of Schedule 4 to this Act)—
a for sub-paragraph (1) substitute—
;
b in sub-paragraph (3)(a), omit “or omitted”;
c in sub-paragraph (4)—
i for “joint local development document or a joint development plan document” substitute “joint local plan”;
ii for “the document” substitute “the plan”.
13 For paragraph 7B substitute—
14 In paragraph 7C—
a in sub-paragraph (1), for “development plan document” substitute “local plan”;
b after that sub-paragraph insert—
;
c for sub-paragraph (4) substitute—
15 In paragraph 7D—
a for sub-paragraph (1) substitute—
;
b in sub-paragraph (3)(a), omit “or omitted”;
c in sub-paragraph (4)—
i for “joint local development document or a joint development plan document” substitute “joint local plan”;
ii for “the document” substitute “the plan”.
16 In paragraph 8—
a in sub-paragraph (1)—
i for “development plan document” substitute “local plan”;
ii for “revised” substitute “a revision of a local plan”;
b in sub-paragraph (2)—
i for “development plan document” substitute “local plan”;
ii in paragraph (a), for “document” (in both places) substitute plan;
iii in that paragraph, for “section 23” substitute “section 15EA”;
c in sub-paragraph (3)(b), for “document” substitute “plan”;
d in sub-paragraph (5)—
i for “development plan document” substitute “local plan”;
ii for “section 23” substitute “section 15EA”;
iii for “the document” substitute “the plan”;
e in sub-paragraph (6), for “document” (in each place) substitute “plan”;
f in sub-paragraph (7)—
i in paragraph (a), for “development plan document” substitute “local plan”;
ii in paragraph (b), for “section 23” substitute “section 15EA”;
iii in the words after paragraph (b), for “document” substitute “plan”;
g after sub-paragraph (7) insert—
17 In paragraph 9, for “document” (in each place) substitute “plan”.
18 For paragraph 10 substitute—
19 In paragraph 11, for “local development scheme” substitute “local plan timetable”.
20 In paragraph 13—
a in sub-paragraph (1)—
i for “development plan document” substitute “local plan”;
ii after “step” insert “, or not to take a step specified in the direction,”;
iii for “adoption or approval of the document” substitute “plan”;
b in sub-paragraph (2), for “document” substitute “plan”;
c in sub-paragraph (3), for “document” (in both places) substitute “plan”.

I206I96027 Commons Act 2006

In Schedule 1A to the Commons Act 2006 (exclusion of right under section 15 of that Act (registration of greens): England), in the Table—
a in paragraph 3 of the first column—
i for “development plan document” substitute “local plan, a document which is to be or to form part of a minerals and waste plan or a supplementary plan”;
ii for “section 17(7)” substitute “section 15LE(2)(g)”;
b in paragraph (a) of the entry in the second column corresponding to paragraph 3—
i after “The” insert “plan or”;
ii for “under section 22(1) of the 2004 Act” substitute
;
c for paragraph (b) of the entry in the second column corresponding to paragraph 3 substitute—
;
d in paragraph (c) of the entry in the second column corresponding to paragraph 3, after “which the” insert “plan or”;
e for paragraph 4 of the first column substitute—
;
f in paragraph (a) of the entry in the second column corresponding to paragraph 4—
i after “The” insert “plan or”;
ii for “section 25 of the 2004 Act” substitute “section 15G of the 2004 Act (including as applied by section 15CB(8) of that Act, in the case of a minerals and waste plan)”;
g in paragraph (b) of the entry in the second column corresponding to paragraph 4, after “in the” insert “plan or”.

I207I97028 Planning and Energy Act 2008

The Planning and Energy Act 2008 is amended as follows.
I208I95729
1 Section 1 (energy policies) is amended as follows.
2 In subsection (1), for “development plan documents,” substitute “local plan and any supplementary plan, a minerals and waste planning authority may in their minerals and waste plan and any supplementary plan,”.
3 After that subsection insert—
4 In subsection (4)—
a in paragraph (a), for “section 19” substitute “sections 15C, 15CA and 15CC”;
b after that paragraph insert—
.
5 In subsection (5), for “development plan documents” substitute “a local plan, a minerals and waste plan or a supplementary plan”.
I209I95830In section 2 (interpretation), for the definition of “development plan document” substitute—
.

I210I95931 Marine and Coastal Access Act 2009

1 Schedule 6 to the Marine and Coastal Access Act 2009 (marine plans: preparation and adoption) is amended as follows.
2 In paragraph 1—
a in sub-paragraph (2), after paragraph (d) insert—
;
b in sub-paragraph (3)—
i in paragraph (a) of the definition of “local planning authority”, for “section 37” substitute “section 15LF”;
ii after that definition insert—
3 In paragraph 3(6), in paragraph (a) of the definition of “development plan”, for “section 38(2) to (4)” substitute “section 38(2A) to (4)”.

I211I96132 Waste (England and Wales) Regulations 2011 (S.I. 2011/988)

In regulation 16(3) of the Waste (England and Wales) Regulations 2011 (general interpretation: meaning of planning authority), for sub-paragraph (b) substitute—
.

I21233 Housing and Planning Act 2016

The Housing and Planning Act 2016 is amended as follows.
I21334In section 6 (starter homes: monitoring), in subsection (2), omit paragraph (c).
I21435In section 7 (starter homes: compliance directions), in subsection (1)(b) for “local development document” substitute “local plan, document which is or forms part of a minerals and waste plan or supplementary plan”.
I21536In section 8 (starter homes: interpretation), for the definition of “local development document” substitute—
.

I216I97137 Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)

The Conservation of Habitats and Species Regulations 2017 are amended as follows.
I217I96238
1 Regulation 41 (nature conservation policy in planning contexts) is amended as follows.
2 In paragraph (1), after “of land” insert “or minerals and waste development”.
3 In paragraph (2)(a)(i)—
a for “section 17(3)” substitute “sections 15C(3) and (4) and 15CC(3)”;
b for “local development documents” substitute “local plans and supplementary plans made by local planning authorities”.
4 Omit the “and” at the end of paragraph (2)(a)(ii).
5 After paragraph (2)(a) insert—
.
I21839
I9291 Regulation 108 (co-ordination for land use plan prepared by more than one authority) is amended as follows.
I9292 In paragraph (1), for the words from “prepare” to the end substitute “prepare a relevant joint plan”.
I9293 In paragraph (2), for “joint local development document or plan” substitute “relevant joint plan”.
I9294 In paragraph (3), for “joint local planning document or plan” substitute “relevant joint plan”.
I9295 In paragraph (5), for “joint local development document or plan” substitute “relevant joint plan”.
I9636 After that paragraph insert—
I21940
I9281 Regulation 111 (interpretation of Chapter 8 of Part 6) is amended as follows.
2 In paragraph (1)—
I964a in paragraph (b) of the definition of “land use plan”—
i for “local development document as provided for in” substitute “joint spatial development strategy, local plan, document which is or forms part of a minerals and waste plan, supplementary plan or any revision of such a plan or document under”;
ii omit the words from “other” to the end;
I928b in paragraph (a) of the definition of “plan-making authority”, after “replacement)” insert “or section 15CC of the 2004 Planning Act (supplementary plans)”;
I928c in paragraph (b) of the definition of “plan-making authority” omit “or an order under section 29(2) of the 2004 Planning Act (joint committees)”;
I928d after that paragraph insert—
;
I928e in paragraph (c) of the definition of “plan-making authority”, omit sub-paragraph (i);
I928f after that paragraph insert—
.
I9643 In paragraph (2)—
a for sub-paragraphs (a) and (b) substitute—
;
b in sub-paragraph (c) for “publication” substitute “adoption”.

Schedule 9 

Street votes: minor and consequential amendments

Section 106

I2201 Town and Country Planning Act 1990

1 TCPA 1990 is amended as follows.
2 In section 5 (the Broads), in subsection (3), for “61Q” substitute “61QM”.
3 In section 56 (time when development begun), in subsection (3)—
a after “(7),” insert “61QI(8),”;
b for “108(3E)(c)(i)” substitute “, 108(3E)(c)(i), 108(3DB)(c)(i)”.
4 In section 57 (planning permission required for development), in subsection (3), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.
5 In section 58 (granting of planning permission: general), in subsection (1)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.
I7396 In section 62 (applications for planning permission or permission in principle), in subsection (2A)—
a at the end of paragraph (a) omit “and”;
b after paragraph (b) insert
I7397 In section 65 (notice of applications for planning permission or permission in principle), in subsection (3A)—
a at the end of paragraph (a) omit “and”;
b after paragraph (b) insert
I7398 In section 69 (register of applications etc)—
a after subsection (1)(cza) insert—
;
b in subsection (2)(b), after “Mayoral development order,” insert “street vote development order or proposal for such an order,”.
I7399 In section 71 (consultations in connection with determinations under section 70), in subsection (2ZA)—
a at the end of paragraph (a) omit “and”;
b after paragraph (b) insert
I73910 In section 74 (directions etc as to method of dealing with applications), in subsection (1ZA)—
a in paragraph (a)—
i at the end of sub-paragraph (i) omit “and”;
ii after sub-paragraph (ii) insert—
;
b in paragraph (b)—
i at the end of sub-paragraph (i) omit “and”;
ii after sub-paragraph (ii) insert
11 In section 77 (reference of applications to Secretary of State), in subsection (1), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.
12 In section 78 (right to appeal), in subsection (1)(c), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.
13 In section 88 (planning permission for development in enterprise zones), in subsection (9), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.
14 In section 91 (general condition limiting duration of planning permission), in subsection (4)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.
15 In section 94 (termination of planning permission by reference to time limit: completion notices), in subsection (1), after paragraph (d) insert
16 In section 108 (compensation)—
a in the heading, for “or neighbourhood development order” substitute “, neighbourhood development order or street vote development order”;
b in subsection (1)—
i in paragraph (a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”;
ii in the words after paragraph (b), for “or the neighbourhood development order” substitute “, the neighbourhood development order or the street vote development order”;
c in subsection (2), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”;
d in subsection (3B)—
i in paragraph (ba), at the end omit “or”;
ii after that paragraph insert—
;
e after subsection (3DA) insert—
17 In section 109 (apportionment of compensation for depreciation), in subsection (6), in the definition of “relevant planning decision”, for “or the neighbourhood development order” substitute “, the neighbourhood development order or the street vote development order”.
18 In section 171H (temporary stop notice: compensation), in subsection (1)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.
19 In section 264 (cases in which land is to be treated as not being operational land), in subsection (5)(ca), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.
20 In section 324 (rights of entry), in subsection (1A)—
a the words from “the reference” to the end become paragraph (a);
b after that paragraph insert
21 In section 333 (regulations and orders)—
a after subsection (3) insert—
;
b after subsection (3ZA) insert—
22 In Schedule 1 (local planning authorities: distribution of functions), in paragraph 6A, at the end insert “or any of sections 61QA to 61QM (street vote development orders)”.

I2212 Planning (Listed Buildings and Conservation Areas) Act 1990

1 The Listed Buildings Act is amended as follows.
2 In section 66 (general duty as respects listed buildings in exercise of planning functions), in subsection (4), after “orders” insert “or street vote development orders (except as provided by SVDO regulations within the meaning given by section 61QM of the principal Act)”.
3 In section 72 (general duty as respects conservation areas in exercise of planning functions), in subsection (4), after “orders” insert “or street vote development orders (except as provided by SVDO regulations within the meaning given by section 61QM of the principal Act)”.

I2223 Elections Act 2022

In section 34 of the Elections Act 2022 (campaigners), in subsection (6), in the definition of “local referendum”, after paragraph (d) insert—
.

I2234 The Conservation of Habitats and Species Regulations 2017

1 The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.
2 In regulation 75 (general development orders)—
a in the heading, after “orders” insert “and street vote development orders”;
b in the opening words, after “2017” insert “or a street vote development order”.
3 In regulation 76 (opinion of appropriate nature conservation body)—
a in the heading, after “orders” insert “and street vote development orders”;
b in paragraph (1), after “order” insert “or a street vote development order”;
c in paragraph (6), after “order” insert “or a street vote development order”.
4 In regulation 77 (approval of local planning authority), in the heading, after “orders” insert “and street vote development orders”.
5 In regulation 78 (supplementary)—
a in the heading, after “orders” insert “and street vote development orders”;
b in paragraph (3)(b), after “order” insert “or development order”.
6 In regulation 85B (assumptions to be made about nutrient pollution standards)—
a in the heading, after “orders” insert “and street vote development orders”;
b in paragraph (1)(a) after “orders” insert “and street vote development orders”.

Schedule 10 

Crown development: consequential amendments

Section 109

I725I9091 Town and Country Planning Act 1990 (c. 8)

TCPA 1990 is amended as follows.
I411I8992In section 61W (England: requirement to carry out pre-application consultation), in subsection (6)(a), for “293A” substitute “293B”.
I412I9003In section 108 (compensation for refusal or conditional grant of planning permission etc formerly granted by development order etc)—
a in subsection (1)—
i in paragraph (b), for “Part III or section 293A” substitute “Parts 3 or 13”;
ii in sub-paragraph (i), for “or section 293A” substitute “or by the Secretary of State or Welsh Ministers under Part 13”;
b in subsection (2B)—
i in paragraph (b), for “Part III or section 293A” substitute “Parts 3 or 13”;
ii in the closing words, for “or section 293A” substitute “or by the Secretary of State or Welsh Ministers under Part 13”.
I413I9014In section 247 (highways affected by development: orders by the Secretary of State), in subsection (1)(a), for “Part III or section 293A” substitute “Parts 3 or 13”.
I414I9025In section 257 (footpaths etc affected by development: orders by other authorities), in subsection (1)(a), for “Part III or section 293A” substitute “Parts 3 or 13”.
I415I9036In section 284 (validity of certain orders, decisions and directions), in subsection (3)—
a in paragraph (i), after “in principle” insert “to the Welsh Ministers”;
b after paragraph (i) insert—
I416I9047In section 293A (urgent Crown development: application)—
a in the heading, at the end insert “to the Welsh Ministers”;
b in subsection (1), in the opening words, after “development” insert “of land in Wales”.
I417I9058In section 303 (fees for planning application etc.), after subsection (4) insert—
a in subsection (4), for “appropriate authority” (in both places) substitute “Welsh Ministers”;
b after subsection (4) insert—
I418I9069In section 319A (determination of procedure for certain proceedings: England), in subsection (7)—
a omit the “and” at the end of paragraph (d);
b after paragraph (e) insert
c after paragraph (e) insert—
I419I90710In section 336 (interpretation), in subsection (1)—
a in the definition of “planning decision”, for “Part III or section 293A” substitute “Parts 3 or 13”;
b in the definition of “planning permission”, for “Part III or section 293A” substitute “Parts 3 or 13”.

I450I90811 Housing and Planning Act 2016 (c. 22)

In section 205 (interpretation of sections 203 and 204), in subsection (1), in the definition of “planning consent”, for “Part 3 of the Town and Country Planning Act 1990 or section 293A of that Act” substitute “Parts 3 or 13 of the Town and Country Planning Act 1990”.

Schedule 11 

Completion notices: consequential amendments

Section 112

I7261 TCPA 1990 is amended as follows.
I4202 In section 56 (time when development begun), in subsection (3), after “92,” insert “93H,”.
I4213 Before section 94 insert—
.
I4224
1 Section 94 (termination of planning permission by reference to time limit: completion notices) is amended as follows.
2 In the heading, at the end insert “in Wales”.
3 In subsection (1)—
a in paragraph (a), after “planning permission” insert “in relation to land in Wales”;
b in paragraphs (b) and (c), after “scheme” insert “in Wales”;
c omit paragraph (d) and the preceding “or”.
I4235 In section 95 (effect of completion notice)—
a in the heading, at the end insert “in Wales”;
b in subsection (1), after “notice” insert “served in respect of land in Wales”.
I4246 In section 96 (power of Secretary of State to serve completion notices)—
a in the heading, at the end insert “in Wales”;
b in subsection (1), after “land” insert “in Wales”.
I4257 In section 284 (validity of development plans and certain orders, decisions and directions), in subsection (3), after paragraph (b) insert—
.
I4268 In section 285 (validity of notices), before subsection (1) insert—
I4279 In section 286 (challenges to validity on grounds of authority’s powers), at the end insert—
I42810 In section 289 (appeals to High Court)—
a in the heading, for the words from “enforcement” to the end substitute “certain notices”;
b in subsection (1), after “appeal under” insert “section 93I against a completion notice or under”.
I42911 In section 319A (determination of procedure: England), in subsection (7), after paragraph (b) insert—
.
I43012 In section 324 (rights of entry), in subsection (1)(c), after “sections” insert “93H,”.
I43113 In Schedule 1 (local planning authorities: distribution of functions), in paragraph 10, after “section” insert “93H or”.
I43214 In Schedule 6 (determination of appeals by appointed person)—
a in paragraph 1(1), after “78,” insert “93I,”;
b in paragraph 2(1), after paragraph (a) insert—
.
I43315 In Schedule 16 (provisions referred to in sections 314 to 319), in Part 2, after the entry relating to sections 91 to 93 insert—
.

Schedule 12 

Infrastructure Levy

Section 137

Part 1 Infrastructure Levy: England

I2241 After Part 10 of the Planning Act 2008 insert—

Part 2 Consequential amendments

I2252 Local Government Act 1972

In section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities), after subsection (6) insert—

I2263 Town and Country Planning Act 1990

In section 70(4) of the TCPA 1990 (determination of applications: general considerations), in paragraph (b) of the definition of “local finance consideration”, after “payment of” insert “Infrastructure Levy or”.

I2274 Deregulation and Contracting Out Act 1994

In section 71(3) of the Deregulation and Contracting Out Act 1994 (functions excluded from sections 69 and 70), omit the word “and” at the end of paragraph (h) and after that paragraph insert—
.

Planning Act 2008

I2285 The Planning Act 2008 is amended as follows.
I2296 In the following sections, for “Part 11”, in each place it occurs, substitute “Parts 10A and 11”—
a section 32 (meaning of “development”);
b section 155(1) (when development begins);
c section 235(1) (interpretation).
I2307 In section 232(1)(d) (orders and regulations), after “Part” insert “10A or”.

Schedule 13 

Regulations under Chapter 1 of Part 3 or Part 6: restrictions on devolved authorities

Sections 90 and 158

I727I7971 No power to make provision outside devolved competence

1 No provision may be made by a devolved authority acting alone in regulations under Chapter 1 of Part 3 or Part 6 unless the provision is within the devolved competence of the devolved authority.
2 See paragraphs 5 to 7 for the meaning of “devolved competence”.

I728I7982 Requirement for consent where it would otherwise be required

1 The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under Chapter 1 of Part 3 or Part 6 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.
2 The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under Chapter 1 of Part 3 or Part 6 so far as that provision would, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.
3 Sub-paragraph (1) or (2) does not apply if—
a the provision could be contained in subordinate legislation made otherwise than under this Act by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and
b no such consent would be required in that case.
4 The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under Chapter 1 of Part 3 or Part 6 so far as that provision, if contained in—
a subordinate legislation made otherwise than under this Act by the devolved authority, or
b subordinate legislation not falling within paragraph (a) and made otherwise than under this Act by a Northern Ireland devolved authority acting alone,
would require the consent of a Minister of the Crown.
5 Sub-paragraph (4) does not apply if—
a the provision could be contained in—
i an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, or
ii different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b) and of a devolved authority acting alone or (as the case may be) other person acting alone, and
b no such consent would be required in that case.

I729I7993 Requirement for joint exercise where it would otherwise be required

1 No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Secretary of State.
2 No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Secretary of State.
3 No regulations may be made under Chapter 1 of Part 3 or Part 6 by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—
a a Northern Ireland department acting jointly with a Minister of the Crown, or
b another Northern Ireland devolved authority acting jointly with a Minister of the Crown,
unless the regulations are, to that extent, made jointly with the Secretary of State.
4 Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—
a an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or
b different subordinate legislation made otherwise than under this Act by—
i the Scottish Ministers acting alone,
ii the Welsh Ministers acting alone, or
iii (as the case may be), a Northern Ireland devolved authority acting alone.

I730I8004 Requirement for consultation where it would otherwise be required

1 No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of Senedd Cymru, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
2 No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
3 No regulations may be made under Chapter 1 of Part 3 or Part 6 by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
4 No regulations may be made under Chapter 1 of Part 3 or Part 6 by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
5 Sub-paragraph (2), (3) or (4) does not apply if—
a the provision could be contained in an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, and
b there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.
6 Sub-paragraph (2), (3) or (4) does not apply if—
a the provision could be contained in different subordinate legislation made otherwise than under this Act by—
i the Scottish Ministers acting alone,
ii the Welsh Ministers acting alone, or
iii (as the case may be), a Northern Ireland devolved authority acting alone, and
b there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

Meaning of devolved competence

I731I8015A provision is within the devolved competence of the Scottish Ministers if—
a it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, or
b it is provision which could be made in other subordinate legislation by the Scottish Ministers.
I732I8026A provision is within the devolved competence of the Welsh Ministers if—
a it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown), or
b it is provision which could be made in other subordinate legislation by the Welsh Ministers.
I733I8037A provision is within the devolved competence of a Northern Ireland department if—
a the provision—
i would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and
ii would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State,
b the provision—
i amends or repeals Northern Ireland legislation, and
ii would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and would, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State, or
c the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority.

I734I8048 Interpretation

In this Schedule—
  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
  • “Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;
  • “subordinate legislation” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018.

Schedule 14 

Existing environmental assessment legislation

Section 167(1)

I608Part 1 United Kingdom and England and Wales

United Kingdom and England and Wales

  • Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders) so far as relating to environmental impact assessments;
  • Part 5A of the Highways Act 1980 (environmental impact assessments);
  • Sections 13A to 13D of the Transport and Works Act 1992 (environmental impact assessments);
  • The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/360);
  • The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/1672);
  • The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 (S.I. 1999/1783);
  • The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 (S.I. 1999/2228);
  • The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (S.I. 1999/2892);
  • The Pipe-line Works (Environmental Impact Assessment) Regulations 2000 (S.I. 2000/1928);
  • The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 (S.I. 2003/164);
  • The Environmental Assessment of Plans and Programmes Regulations 2004 (S.I. 2004/1633);
  • The Transport and Works (Applications and Objections Procedure)(England and Wales) Rules 2006 (S.I. 2006/1466) so far as dealing with environmental matters;
  • The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006 (S.I. 2006/2522);
  • The Marine Works (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1518);
  • The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571);
  • The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572);
  • The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 (S.I. 2017/580);
  • The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 (S.I. 2020/1497).

I607Part 2 Scotland

Scotland

  • Schedule 3 to the Harbours Act 1964 so far as relating to environmental impact assessments in Scotland;
  • Sections 20A to 20G, 22A, 22B and 55A to 55D of the Roads (Scotland) Act 1984 (environmental assessment of certain road construction and improvement projects);
  • The Environmental Assessment (Scotland) Act 2005;
  • The Transport and Works (Scotland) Act 2007;
  • The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007;
  • The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/101);
  • The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102);
  • The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/113);
  • The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/114);
  • The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/115).

I609Part 3 Wales

Wales

  • The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 (S.I. 2004/1656);
  • The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 (S.I. 2009/3342);
  • The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58);
  • The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017 (S.I. 2017/565);
  • The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567).

I610Part 4 Northern Ireland

Northern Ireland

  • Part V of the Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15));
  • The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 (S.R. (N.I.) 1999/73);
  • The Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004 (S.R. (N.I.) 2004/280);
  • The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005 (S.R. (N.I.) 2005/32);
  • The Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006 (S.R. (N.I.) 2006/518);
  • The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007 (S.R. (N.I.) 2007/421);
  • The Planning Act (Northern Ireland) 2011 (c. 25 (N.I.)).

Schedule 15 

Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards

Section 169

Part 1 Introductory

I7351 Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (assessment of plans and projects) is amended as set out in this Schedule.

Part 2 Planning

I7362 Chapter 2 of Part 6 of those Regulations (assessment of plans and projects: planning) is amended as follows.
I5953 In regulation 70 (grant of planning permission), after paragraph (4) insert—
I5964 In regulation 71 (planning permission: duty to review), after paragraph (9) insert—
I5975 In regulation 77 (general development orders: approval of local planning authority), after paragraph (7) insert—
I5986 In regulation 79 (special development orders), after paragraph (5) insert—
I5997 In regulation 80 (local development orders), after paragraph (5) insert—
I6008 In regulation 81 (neighbourhood development orders), after paragraph (5) insert—
I6019 In regulation 82 (simplified planning zones), after paragraph (6) insert—
I60210 In regulation 83 (enterprise zones), after paragraph (6) insert—
I45311 After regulation 85 insert—

Part 3 Land use plans

I73712 Chapter 8 of Part 6 (assessment of plans and projects: land use plans) is amended as follows.
I60313 In regulation 105 (assessment of implications for European sites and European offshore marine sites), after paragraph (6) insert—
I60414 In regulation 106 (assessment of implications for European site: neighbourhood development plans), after paragraph (3) insert—
I60515 In regulation 110 (national policy statements), in paragraph (3)(a), for “and 108” substitute “, 108 and 110A”.
I60616 After regulation 110 insert—

Schedule 16 

Locally-led development corporations: minor and consequential amendments

Section 173

Local Government, Planning and Land Act 1980 (c. 65)

I2311 The Local Government, Planning and Land Act 1980 is amended as follows.
I2322
1 Section 134 (urban development areas) is amended as follows.
2 In subsection (1)—
a for “the Secretary of State” substitute “the appropriate national authority”;
b for “he” substitute “the authority”.
3 In subsection (3A), for “The Secretary of State” substitute “The appropriate national authority”.
4 In subsection (3B), for “the Secretary of State” substitute “the appropriate national authority”.
5 After subsection (3B) insert—
6 In subsection (4), after “(1)” insert “or (1B)”.
7 In subsection (4A), after “(1)” insert “or (1B)”.
8 In subsection (4B), omit “(by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006)”.
9 In subsection (4C), omit “(by virtue of section 53 of the Scotland Act 1998)”.
10 In subsection (5)—
a omit paragraph (a);
b in paragraph (b), for “the Secretary of State” substitute “the appropriate national authority”.
11 After subsection (5) insert—
I2333
1 Section 135 (urban development corporations) is amended as follows.
2 In subsection (2), after “134(1)” insert “or (1B)”.
3 At the end insert—
I2344 In section 140 (consultation with local authorities), in subsection (1), after “corporation” insert “, other than a locally-led urban development corporation,”.
I2355
1 Section 171 (interpretation: general) is amended as follows.
2 After the definition of “the 1997 Act” insert—
.
3 In the definition of “urban development area”, after “(1)” insert “or (1B)”.

New Towns Act 1981 (c. 64)

I2366 The New Towns Act 1981 is amended as follows.
I2377
1 Section 1A (local authority to oversee development of new town) is amended as follows.
2 For the heading substitute “Oversight of locally-led new town”.
3 Omit subsections (1), (2) and (3).
4 In subsection (4)—
a for “a local authority” substitute “an oversight authority”;
b after “as a” insert “locally-led”.
5 In subsection (5)—
a in paragraphs (a), (b) and (c), for “a local authority” substitute “an oversight authority”;
b in paragraph (d), for the words from “corporation”, in the first place it occurs, to the end substitute “locally-led development corporation”.
6 Omit—
a subsection (7);
b in subsection (8)—
i the definition of “local authority”;
ii paragraph (a) of the definition of “specified”.
I2388 In section 2 (reduction of designated areas), after subsection (1) insert—
I2399
1 Section 80 (general interpretation provisions) is amended as follows.
2 In subsection (1)—
a after the definition of “local highway authority” insert—
;
b after the definition of “open space” insert—
.
3 In subsection (2), after “section 1” insert “or 1ZB”.

Schedule 17 

Planning functions of development corporations: minor and consequential amendments

Section 177

I240I9811 New Towns Act 1981 (c. 64)

1 The New Towns Act 1981 is amended as follows.
2 In the heading of section 7 (planning control), after “control” insert “: proposals given effect by development order”.
3 In section 77 (regulations and orders), after subsection (3D) (inserted by section 172) insert—

I241I9732 Town and Country Planning Act 1990 (c. 8)

1 TCPA 1990 is amended as follows.
2 In section 7 (urban development corporation as local planning authority), after subsection (2) insert—
3 After section 7 insert—
4 In section 7A (Mayoral development corporation as local planning authority), after subsection (5) insert—
5 In section 62B(5) (planning authorities that cannot be designated for the purposes of allowing direct planning applications to the Secretary of State), after paragraph (c) insert—
.
6 In section 70(4) (definitions relating to local finance considerations to be taken into account in planning decisions), in the definition of “relevant authority”, after paragraph (e) insert—
.
7 In paragraph 5 of Schedule 1 (local highway authority restrictions on grant of planning permission)—
a in sub-paragraph (2), for the words from “is to be”, where they first occur, to “2011,” substitute “does not include a development corporation planning authority;”;
b in sub-paragraph (3), for the words from “an” to “local planning authority”, in the second place it occurs, substitute “a development corporation planning authority”;
c after sub-paragraph (3) insert—

I242I9743 Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

In Schedule 4 to the Listed Buildings Act (authorities exercising functions under the Act)—
a in paragraph 2—
i after “7”, where it first occurs, insert “, 7ZA, 7A,”;
ii after “urban development areas,” insert “new towns,”;
b in paragraph 4(1), after “7” insert “, 7ZA, 7A,”.

I243I9774 Planning (Hazardous Substances) Act 1990 (c. 10)

In section 3 of the Hazardous Substances Act (hazardous substances authorities in certain special cases)—
a in subsection (4)—
i for “an urban development corporation or a Mayoral development corporation” substitute “a development corporation”;
ii after “planning authority” insert “for all purposes of Part 3 of the principal Act”;
b after subsection (4) insert—

I244I9765 Localism Act 2011 (c. 20)

In section 202(5) of the Localism Act 2011 (power to apply certain modifications of planning enactments in relation to Mayoral development corporations), at the end insert “, with the further modification that any reference in that Part of that Schedule to an urban development corporation is to be read as a reference to an MDC”.

Schedule 18 

Conditional confirmation and making of compulsory purchase orders: consequential amendments

Section 183(4)

I2451 Land Compensation Act 1973 (c. 26)

In section 33D of the Land Compensation Act 1973 (exclusions from entitlement to loss payments), for subsection (6) substitute—

I246I9182 Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

In section 5(2) of the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting declaration not to be executed before purchase order operative), for “26(1)” substitute “26”.

I2473 Acquisition of Land Act 1981 (c. 67)

I9111 The Acquisition of Land Act 1981 is amended as follows.
I9112 In section 7—
a in subsection (3) (regulations subject to negative procedure)—
i after “13A” insert “or 13BA”;
ii after “paragraph 4A” insert “or 4AA”;
b after subsection (3) insert—
I9203 In section 26 (date of operation of orders and certificates), for subsections (1) and (2) substitute—

I248I9154 Housing Act 1985 (c. 68)

1 The Housing Act 1985 is amended as follows.
2 In section 582 (suspension of recovery of possession of certain premises when compulsory purchase order made)—
a in subsection (2), for paragraph (b) substitute—
;
b in subsection (6), for paragraph (a) substitute—
.
3 In paragraph 3 of Schedule 5A (termination of initial demolition notices)—
a in sub-paragraph (2), after “(3)(a)” insert “or (aa)”;
b in sub-paragraph (3)—
i omit the “or” at the end of paragraph (a);
ii after paragraph (a) insert—
;
c in sub-paragraph (4), after “(3)(a)” insert “or (aa)”;
d after sub-paragraph (6) insert—
;
e in sub-paragraph (7), after “(2)” insert “or (6A)”.

I249I9165 Town and Country Planning Act 1990 (c. 8)

1 TCPA 1990 is amended as follows.
2 In section 137(7)(b) (discontinuance of compulsory purchase for purpose of blight notice exception)—
a in sub-paragraph (i), after “order” insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”;
b in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”.
3 In Note (2) in paragraph 22 of Schedule 13 (land ceasing to be blighted by proposed compulsory purchase order)—
a omit the “or” at the end of paragraph (a);
b at the end of paragraph (b) insert

I250I9176 Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

In section 48(6)(b) of the Listed Buildings Act (discontinuance of compulsory purchase for purpose of listed building purchase notice exception)—
a in sub-paragraph (i), at the end insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”;
b in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”.

I251I9227 Historic Environment (Wales) Act 2023

In section 111(8)(b) of the Historic Environment (Wales) Act 2023 (discontinuance of compulsory purchase for purpose of listed building purchase notice exception)—
a in the English language text—
i in sub-paragraph (i), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”;
ii in sub-paragraph (ii), at the end insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to that Act”;
b in the Welsh language text—
i in sub-paragraph (i), at the end insert “neu pan fydd (ar ôl cael ei gadarnhau’n amodol) yn dod i ben yn rhinwedd adran 13BA(2)(b) o Ddeddf Caffael Tir 1981”;
ii in sub-paragraph (ii), at the end insert “neu pan fydd y gorchymyn (ar ôl cael ei wneud yn amodol) yn dod i ben yn rhinwedd paragraff 4AA(2) o Atodlen 1 i’r Ddeddf honno”.

Schedule 19 

Compulsory purchase: corresponding provision for purchases by Ministers

Section 184

I252I753I819I9121 Online publicity

1 Schedule 1 to the Acquisition of Land Act 1981 (compulsory purchase by Minister) is amended as follows.
2 For the italic heading before paragraph 2 substitute “Public notices”.
3 In paragraph 2 (requirement to publish notice of order in newspaper)—
a in sub-paragraph (1)—
i the words from “in two” to “situated” become paragraph (a);
ii at the end of that paragraph insert
;
b in sub-paragraph (2)—
i in the words before paragraph (a), for “notice” substitute “notices”;
ii omit the “and” at the end of paragraph (c);
iii after paragraph (c) insert—
;
iv for paragraph (d) substitute—
;
c after sub-paragraph (2) insert—
;
d in sub-paragraph (4)(b), omit the words from “(but” to “affixed)”.
4 In paragraph 3(1) (requirement to serve notice on certain affected persons)—
a omit the “and” at the end of paragraph (b);
b after paragraph (b) insert—
;
c for paragraph (c) substitute—
5 After paragraph 3 insert—
6 In paragraph 6 (notices after making of order)—
a in sub-paragraph (3)—
i the words from “in one” to “situated” become paragraph (a);
ii at the end of that paragraph insert
;
b in sub-paragraph (4), after paragraph (c) insert—
;
c after sub-paragraph (4) insert—

I253I7672 Proceedings for consideration of draft order

1 Schedule 1 to the Acquisition of Land Act 1981 (compulsory purchase by Minister) is amended as follows.
2 In paragraph 4A (proceedings for contested orders), for sub-paragraphs (2) to (8) substitute—
3 In paragraph 4B (confirmation of order in stages), in sub-paragraph (3), for “4A(2) or (3)” substitute “4A(1A) or (1B)”.

I254I768I9213 Conditional orders

1 Schedule 1 to the Acquisition of Land Act 1981 (compulsory purchase by Minister) is amended as follows.
2 After paragraph 4A insert—
3 In paragraph 6 (notices after making of order)—
a in sub-paragraph (2)(b), for “date when the order becomes operative” substitute “day on which the Minister takes the final step needed to comply with sub-paragraph (1)(a)”;
b in sub-paragraph (3), at the beginning insert “Unless the order was made conditionally,”;
c in sub-paragraph (4), after paragraph (b) insert—
;
d after sub-paragraph (4A) (inserted by paragraph 1(6)) insert—
;
e in sub-paragraph (5), after “notice” insert “or fulfilment notice”;
f in sub-paragraph (6)—
i after “notice” insert “, and any fulfilment notice,”;
ii for “it” substitute “each such notice”.

Schedule 20 

Grounds of appeal against final letting notice

Section 201

Part 1 Grounds

I255I8771That the vacancy condition was not met in relation to the premises on the day on which the initial letting notice was served.
I256I8782That the premises cannot reasonably be considered suitable for the use identified in the final letting notice as the suitable high-street use.
I257I8793That the local authority’s view that the local benefit condition was met in relation to the premises was one that no authority giving reasonable consideration to the matter could have reached.
I258I8934That the local authority failed, while the initial letting notice was in force, to give consent under section 196 to a proposed tenancy, licence or agreement where the authority—
a was required by section 197(1) to give consent, or
b would have been so required had it not failed to be satisfied as mentioned in section 197(2)(c), when any authority giving reasonable consideration to the matter would have been so satisfied.
I259I8945That the landlord—
a intends to carry out substantial works of construction, demolition or reconstruction affecting the premises, and
b could not reasonably carry out those works without retaining possession of the premises.
I260I8956That the landlord intends to occupy the premises for the purposes, or partly for the purposes, of a business to be carried on by the landlord in the premises.
I261I8967That the landlord intends to occupy the premises as the landlord’s residence.

Part 2 Interpretation and application

I262I8801 Ground 2 is to be applied in accordance with section 192(5).
I263I8812 Works carried out in contravention of section 200(1) cannot be relied on for the purposes of ground 5.
I264I8823
1 Where the landlord has a controlling interest in a company, the references to the landlord in ground 6 include reference to that company.
2 Where the landlord is a company and a person has a controlling interest in the company, the references to the landlord in grounds 6 and 7 include reference to that person.
3 For the purposes of sub-paragraphs (1) and (2), a person has a controlling interest in a company, if, had the person been a company, the other company would have been its subsidiary.
4 In this paragraph—
  • “company” has the meaning given by section 1(1) of the Companies Act 2006;
  • “subsidiary” has the meaning given by section 1159 of that Act.

Schedule 21 

Provision to be included in terms of tenancy further to contract under section 204

Section 206

I265I8831 Provision about what obligations (if any) the landlord is to have with respect to the maintenance or repair of anything outside the premises that enables or facilitates the use of the premises.
I266I8842 Provision about what obligations (if any) the landlord is to have with respect to the supply of water, energy or telecommunications services to the premises.
I267I8853 Provision requiring the tenant to keep the premises in repair.
I268I8864 Provision about—
a what works and alterations the tenant can or cannot carry out, with or without the consent of the landlord, and
b (if applicable) the giving or withholding of such consent by the landlord.
I269I8875 Provision requiring the tenant to insure the premises (if they are not otherwise insured).
I270I8886 Provision enabling the landlord to recover from the tenant costs reasonably incurred by or on behalf of the landlord in connection with the premises.
I271I8897 Provision about circumstances in which the tenant can or cannot—
a assign the tenancy,
b sub-let the premises, or
c otherwise allow another person to possess or occupy the premises.
I272I8908 Provision for, and in connection with, the giving of a deposit by the tenant to secure the performance of the tenant’s obligations.
I273I8919 Provision about the circumstances in which the landlord can re-enter the premises following a breach of the tenant’s obligations.
I274I89210 Provision requiring the tenant to deliver up the premises with vacant possession at the end of the tenancy.

Schedule 22 

Pavement licences

Section 229

I275I8051 Introductory

In this Schedule—
a “the 2020 Act” means the Business and Planning Act 2020;
b “the commencement date” means the date on which this Schedule comes into force;
c “pavement licence” means a licence under section 1 of the 2020 Act.

I276I7702 Making pavement licence provisions permanent

1 Omit section 10 of the 2020 Act (expiry).
2 In section 23 of the 2020 Act (regulations), in subsection (4), omit “10,”.

Applications: fees

I277I7713
1 Section 2 of the 2020 Act (applications) is amended as follows.
2 In subsection (1)(c), for “£100” substitute “the relevant amount”.
3 After subsection (1) insert—
I278I7724In section 23 of the 2020 Act (regulations), in subsection (3), after “section” insert “2(1B) or”.

I279I7735 Applications: procedure on renewals

1 Section 2 of the 2020 Act (applications) is amended as follows.
2 After subsection (2) insert—
3 After subsection (9) insert—

Applications: periods for consultation and determination

I280I7746In section 2 of the 2020 Act (applications), in subsection (4), for “7” substitute “14”.
I281I7757In section 3 of the 2020 Act (determination), in subsection (10), for “7” substitute “14”.

I282I7768 Duration of licences

1 Section 4 of the 2020 Act (duration) is amended as follows.
2 For subsections (1) and (2) substitute—
3 In subsection (3)—
a omit “, subject to subsection (4),”;
b for “a year” substitute “two years”.
4 Omit subsection (4).

I283I7779 Enforcement of licences

In section 6 of the 2020 Act (enforcement and revocation), after subsection (3) insert—

Effect of licences

I284I77810In section 7 of the 2020 Act (effects), omit—
a subsections (4) to (6);
b subsections (8) to (10).
I285I76911
1 Section 115E of the Highways Act 1980 (execution of works etc by persons other than councils) is amended as follows.
2 In subsection (1), for “(4)” substitute “(5)”.
3 After subsection (4) insert—
I286I76312In section 249 of the Town and Country Planning Act 1990 (order extinguishing right to use vehicles on highway), in subsection (7), at the end insert “or sections 1 to 9 of the Business and Planning Act 2020”.

I287I77913 Enforcement

After section 7 of the 2020 Act insert—

Local authority functions

I288I78014In section 8 of the 2020 Act, omit subsection (2).
I289I78215In Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (S.I. 2000/2853) (functions which are not to be the responsibility of an authority’s executive), in paragraph B, after item 72 insert—
.

Other amendments

I290I78116In section 9 of the 2020 Act (interpretation), omit subsections (2) and (3) (which are spent).
I291I78317In section 62 of the Anti-social Behaviour, Crime and Policing Act 2014 (premises etc to which alcohol prohibition in a public spaces protection order does not apply), in subsection (1)(e), at the end insert “or by virtue of a pavement licence under section 1 of the Business and Planning Act 2020”.

Transitional provision

I292I80618
1 This paragraph applies in relation to a pavement licence which is in force immediately before the commencement date and which—
a was granted with no limit on its duration, or
b was deemed to be granted under section 3(9) of the 2020 Act.
2 A pavement licence to which this paragraph applies expires at the end of the period of two years beginning with the commencement date.
I293I80719The amendments made by paragraph 11 do not affect any permission granted by a council under section 115E of the Highways Act 1980 before the commencement date.

Schedule 23 

Use of non-domestic premises for childcare: registration

Section 237

I294I8491 Introductory

The Childcare Act 2006 is amended as follows.

Early years provision

I295I8262In section 32 (maintenance of the two childcare registers), after subsection (5) insert—
I296I8273
1 Section 33 (requirement to register: early years childminders) is amended as follows.
2 In the heading, at the end insert “with domestic premises”.
3 In subsection (1), in the words before paragraph (a)—
a after “England” insert “, where some or all of the childminding is provided on domestic premises,”;
b after “childminder” insert “with domestic premises”.
I297I8284
1 Section 34 (requirement to register: early years providers) is amended as follows.
2 For subsections (1) and (1ZA) substitute—
3 In subsection (1A)—
a after “96(5)” insert “, and some or all of which is provided on domestic premises,”;
b after “registered” insert “as an early years provider other than a childminder”.
I298I8295
1 Section 35 (applications for registration: early years childminders) is amended as follows.
2 In the heading, at the end insert “with domestic premises”.
3 In subsection (1)—
a in paragraph (a), for “as an early years childminder in the early years register” substitute “in the early years register as an early years childminder with domestic premises”;
b in paragraph (b), at the end insert “with domestic premises”.
4 In subsection (5), in each of paragraphs (aa) and (ab), after “as an early years childminder” insert “with domestic premises”.
I299I8306
1 Section 36 (application for registration: other early years providers) is amended as follows.
2 In subsection (1), for the words from “to the Chief” to the end substitute
3 In each of subsections (3) and (4), for “subsection (1)” substitute “subsection (1)(a) or (b)(i)”.
4 In subsection (4A), after “subsection” insert “(1)(b)(ii) or”.
5 In subsection (5), after paragraph (ab) insert—
.
I300I8317
1 Section 37 (entry on the register and certificates) is amended as follows.
2 In subsection (1)(a), after “childminder” insert “with domestic premises”.
3 In subsection (2)—
a in the words before paragraph (a), for “36(1)” substitute “36(1)(a)”;
b in paragraph (a), after “childminder” insert “(even if, in the case of an application under section 36(1)(a), the early years provision is or includes early years childminding)”.
4 After subsection (2) insert—
5 In subsection (3), for “or (2)” substitute “, (2) or (2A)”.
I301I8328
1 Section 37A (early years childminder agencies: registers and certificates) is amended as follows.
2 In subsection (1)(a), after “childminder” insert “with domestic premises”.
3 After subsection (1) insert—
4 In subsection (3), after “(1)” insert “, (1A)”.

Later years provision

I302I8339
1 Section 52 (requirement to register: later years childminders for children under eight) is amended as follows.
2 In the heading, at the end insert “with domestic premises”.
3 In subsection (1), in the words before paragraph (a)—
a after “eight” insert “, where some or all of the childminding is provided on domestic premises,”;
b after “childminder” insert “with domestic premises”.
I303I83410
1 Section 53 (requirement to register: other later years providers for children under eight) is amended as follows.
2 For subsections (1) and (1ZA) substitute—
3 In subsection (1A)—
a after “96(9)” insert “, and some or all of which is provided on domestic premises,”;
b after “registered” insert “as a later years provider other than a childminder”.
I304I83511
1 Section 54 (applications for registration: later years childminders) is amended as follows.
2 In the heading, at the end insert “with domestic premises”.
3 In subsection (1)—
a in paragraph (a), for “as a later years childminder in Part A of the general childcare register” substitute “in Part A of the general childcare register as a later years childminder with domestic premises”;
b in paragraph (b), at the end insert “with domestic premises”.
4 In subsection (5), in each of paragraphs (aa) and (ab), after “as a later years childminder” insert “with domestic premises”.
I305I83612
1 Section 55 (application for registration: other later years providers) is amended as follows.
2 In subsection (1), for the words from “to the Chief” to the end substitute
3 In each of subsections (3) and (4), for “subsection (1)” substitute “subsection (1)(a) or (b)(i)”.
4 In subsection (4A), after “subsection” insert “(1)(b)(ii) or”.
5 In subsection (5), after paragraph (ab) insert—
.
I306I83713
1 Section 56 (entry on the register and certificates) is amended as follows.
2 In subsection (1), in paragraph (a), after “childminder” insert “with domestic premises”.
3 In subsection (2)—
a in the words before paragraph (a), for “55(1)” substitute “55(1)(a)”;
b in paragraph (a), after “childminder” insert “(even if, in the case of an application under section 55(1)(a), the later years provision is or includes later years childminding)”.
4 After subsection (2) insert—
5 In subsection (3), for “or (2)” substitute “, (2) or (2A)”.
I307I83814
1 Section 56A (later years childminder agencies: registers and certificates) is amended as follows.
2 In subsection (1)(a), after “childminder” insert “with domestic premises”.
3 After subsection (1) insert—
4 In subsection (3), after “(1)” insert “, (1A)”.
I308I83915In section 57 (special procedure for providers registered in the early years register), in subsection (1)—
a in the words before paragraph (a), after “childminder” insert “with or without domestic premises”;
b in paragraph (a), for “as a later years childminder” substitute
.
I309I84016
1 Section 57A (special procedure for providers registered with early years childminder agencies) is amended as follows.
2 In subsection (1)(a), after “childminder” insert “with or without domestic premises”.
3 In subsection (2)(a), for “as a later years childminder” substitute
.

Voluntary registration

I310I84117
1 Section 62 (applications for registration on the general register: childminders) is amended as follows.
2 In the heading, at the end insert “with domestic premises”.
3 In subsection (1), in the words after paragraph (b)—
a before “may” insert “where some or all of the childminding is (or is to be) provided on domestic premises,”;
b at the end insert “with domestic premises”.
I311I84218In section 63 (applications for registration on the general register: other childcare providers), for subsection (1) substitute—
I312I84319
1 Section 64 (entry on the register and certificates) is amended as follows.
2 In subsection (1)(a), after “childminder” insert “with domestic premises”.
3 In subsection (2)—
a in the words before paragraph (a), for “63(1)” substitute “63(1)(a)”;
b in paragraph (a), after “childminder” insert “(even if the childcare to be provided is or includes early years or later years childminding)”.
4 After subsection (2) insert—
5 In subsection (3), for “or (2)” substitute “, (2) or (2A)”.
I313I84420In section 65 (special procedure for persons already registered in a childcare register), in subsection (1)—
a in the words before paragraph (a), for the words from “a childminder” to “Part A of the general childcare register” substitute “an early years childminder with or without domestic premises in the early years register, or as a later years childminder with or without domestic premises in Part A of the general childcare register,”;
b in paragraph (a), after “childminder” insert “(as the case may be, with or without domestic premises)”.
I314I84521
1 Section 65A (special procedure for persons already registered with a childminder agency) is amended as follows.
2 In subsection (1), in the words before paragraph (a)—
a after the first “early years childminder” insert “with or without domestic premises”;
b after the first “later years childminder” insert “with or without domestic premises”.
3 In subsection (2)(a), after “Chapter” insert “(as the case may be, with or without domestic premises)”.

Common provisions

I315I84622
1 Section 68 (cancellation of registration in a childcare register: early years and later years providers) is amended as follows.
2 In subsection (3), for the words from “as an early years childminder” to the end substitute
3 In subsection (4), for the words from “as a later years childminder” to the end substitute
4 In subsection (5), for the words from “as a childminder” to the end substitute
I316I84723In section 69 (suspension of registration in a childcare register: early years and later years providers), in each of subsections (3) and (4), after “childminder” insert “with or without domestic premises”.
I317I84824
1 Section 98 (interpretation of Part 3) is amended as follows.
2 In subsection (1), in the definition of “domestic premises”, at the end insert “(and references to non-domestic premises are to be construed accordingly)”.
3 After subsection (1A) insert—

Schedule 24 

Regulations under Chapter 1 of Part 3 or Part 6: form and scrutiny

Section 252(10)

Part 1 Statutory Instruments and statutory Rules

I3181
1 Any power to make regulations under Chapter 1 of Part 3 or Part 6—
a so far as exercisable by the Secretary of State acting alone or by the Secretary of State acting jointly with a devolved authority, is exercisable by statutory instrument,
b so far as exercisable by the Welsh Ministers acting alone, is exercisable by statutory instrument, and
c so far as exercisable by a Northern Ireland department acting alone, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
2 For regulations made under Chapter 1 of Part 3 or Part 6 by the Scottish Ministers acting alone, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

Part 2 Scrutiny of regulations

Scrutiny of regulations made by Secretary of State or devolved authority acting alone

I3192
1 This paragraph applies to regulations made by the Secretary of State, or a devolved authority, acting alone which contain provision (whether alone or with other provision) under—
a section 152 or 153;
b section 154 other than provision, made on the second or subsequent exercise of a power in that section, for—
i a description of consent, which is neither category 1 consent nor category 2 consent, to be either category 1 consent or category 2 consent, or
ii a description of consent which is category 2 consent to be category 1 consent;
c section 159(2) or 160.
2 A statutory instrument containing regulations to which this paragraph applies of the Secretary of State acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
3 Regulations to which this paragraph applies of the Scottish Ministers acting alone are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
4 A statutory instrument containing regulations to which this paragraph applies of the Welsh Ministers acting alone may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
5 Regulations to which this paragraph applies of a Northern Ireland department acting alone may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
I3203
1 This paragraph applies to regulations made by the Secretary of State, or a devolved authority, acting alone which contain provision (whether alone or with other provision) under Chapter 1 of Part 3 or Part 6 and which do not fall within paragraph 2.
2 A statutory instrument containing regulations to which this paragraph applies of the Secretary of State acting alone is subject to annulment in pursuance of a resolution of either House of Parliament.
3 Regulations to which this paragraph applies of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
4 A statutory instrument containing regulations to which this paragraph applies of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of Senedd Cymru.
5 Regulations to which this paragraph applies of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
I3214Paragraph 3 does not apply if—
a a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;
b a draft of the Scottish statutory instrument has been laid before, and approved by resolution of, the Scottish Parliament;
c a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru; or
d a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Scrutiny of regulations made by the Secretary of State and devolved authority acting jointly

I3225
1 This paragraph applies to regulations of the Secretary of State acting jointly with a devolved authority which contain provision (whether alone or with other provision) under—
a section 152 or 153;
b section 154 other than provision, made on the second or subsequent exercise of a power in that section, for—
i a description of consent, which is neither category 1 consent nor category 2 consent, to be either category 1 consent or category 2 consent, or
ii a description of consent which is category 2 consent to be category 1 consent;
c section 159(2) or 160.
2 The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.
3 A statutory instrument which contains regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
4 Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure.
5 Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
6 Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before the Scottish Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).
7 A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
8 Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
I3236
1 This paragraph applies to regulations of the Secretary of State acting jointly with a devolved authority which contain provision (whether alone or with other provision) under Chapter 1 of Part 3 or Part 6 and which do not fall within paragraph 5.
2 The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.
3 A statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.
4 Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.
5 Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (negative procedure etc.) apply in relation to regulations to which sub-paragraph (4) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
6 Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).
7 A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.
8 Regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
9 If in accordance with this paragraph—
a either House of Parliament resolves that an address be presented to His Majesty praying that an instrument be annulled, or
b a relevant devolved legislature resolves that an instrument be annulled,
nothing further is to be done under the instrument after the date of the resolution and His Majesty may by Order in Council revoke the instrument.
10 In sub-paragraph (9) “relevant devolved legislature” means—
a in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,
b in the case of regulations made jointly with the Welsh Ministers, Senedd Cymru, and
c in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.
11 Sub-paragraph (9) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.
12 Sub-paragraphs (9) to (11) apply in place of provision made by any other enactment about the effect of such a resolution.
13 In this paragraph, “enactment” includes an enactment contained in, or in an instrument made under—
a an Act of the Scottish Parliament,
b a Measure or Act of Senedd Cymru, or
c Northern Ireland legislation.
I3247Paragraph 6 does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

I3258 Interpretation

In this Schedule “devolved authority” means—
a the Scottish Ministers,
b the Welsh Ministers, or
c a Northern Ireland department.

Footnotes

  1. I1
    S. 7 in force at Royal Assent, see s. 255(1)(a)
  2. I2
    S. 27 in force at Royal Assent, see s. 255(2)(a)
  3. I3
    S. 45 in force at Royal Assent, see s. 255(2)(a)
  4. I4
    S. 59 in force at Royal Assent, see s. 255(2)(e)
  5. I5
    S. 60 in force at Royal Assent, see s. 255(2)(e)
  6. I6
    S. 62 in force at Royal Assent, see s. 255(2)(g)
  7. I7
    S. 66 in force at Royal Assent, see s. 255(2)(i)
  8. I8
    S. 71 in force at Royal Assent, see s. 255(2)(k)
  9. I9
    S. 72 in force at Royal Assent, see s. 255(2)(k)
  10. I10
    S. 75 not in force at Royal Assent, see s. 255(2)(m)
  11. I11
    S. 77 in force at Royal Assent, see s. 255(2)(o)
  12. I12
    S. 78 not in force at Royal Assent, see s. 255(2)(p)
  13. I13
    S. 79 in force at Royal Assent, see s. 255(2)(q)
  14. I14
    S. 80 in force at Royal Assent, see s. 255(2)(q)
  15. I15
    S. 81 not in force at Royal Assent, see s. 255(2)(r)
  16. I16
    S. 84 not in force at Royal Assent, see s. 255(3)(b)
  17. I17
    S. 85 not in force at Royal Assent, see s. 255(3)(b)
  18. I18
    S. 86 not in force at Royal Assent, see s. 255(3)(b)
  19. I19
    S. 87 not in force at Royal Assent, see s. 255(3)(b)
  20. I20
    S. 88 not in force at Royal Assent, see s. 255(3)(b)
  21. I21
    S. 89 not in force at Royal Assent, see s. 255(3)(b)
  22. I22
    S. 90 not in force at Royal Assent, see s. 255(3)(b)
  23. I23
    S. 91 not in force at Royal Assent, see s. 255(3)(b)
  24. I24
    S. 92 not in force at Royal Assent, see s. 255(3)(b)
  25. I25
    S. 93 not in force at Royal Assent, see s. 255(3)(b)
  26. I26
    S. 94 not in force at Royal Assent, see s. 255(3)(b)
  27. I27
    S. 95 not in force at Royal Assent, see s. 255(3)(b)
  28. I28
    S. 96 not in force at Royal Assent, see s. 255(3)(b)
  29. I29
    S. 97 not in force at Royal Assent, see s. 255(3)(b)
  30. I30
    S. 98 not in force at Royal Assent, see s. 255(3)(b)
  31. I31
    S. 99 not in force at Royal Assent, see s. 255(3)(b)
  32. I32
    S. 100 not in force at Royal Assent, see s. 255(3)(b)
  33. I33
    S. 101 not in force at Royal Assent, see s. 255(3)(b)
  34. I34
    S. 102 not in force at Royal Assent, see s. 255(3)(b)
  35. I35
    S. 103 not in force at Royal Assent, see s. 255(3)(b)
  36. I36
    S. 104 not in force at Royal Assent, see s. 255(3)(b)
  37. I37
    S. 105 not in force at Royal Assent, see s. 255(3)(b)
  38. I38
    S. 106 not in force at Royal Assent, see s. 255(3)(b)
  39. I39
    S. 107 not in force at Royal Assent, see s. 255(3)(b)
  40. I40
    S. 110 not in force at Royal Assent, see s. 255(3)(b)
  41. I41
    S. 111 not in force at Royal Assent, see s. 255(3)(b)
  42. I42
    S. 115 not in force at Royal Assent, see s. 255(3)(b)
  43. I43
    S. 116 not in force at Royal Assent, see s. 255(3)(b)
  44. I44
    S. 117 not in force at Royal Assent, see s. 255(3)(b)
  45. I45
    S. 118 not in force at Royal Assent, see s. 255(3)(b)
  46. I46
    S. 119 not in force at Royal Assent, see s. 255(3)(b)
  47. I47
    S. 120 not in force at Royal Assent, see s. 255(3)(b)
  48. I48
    S. 122 not in force at Royal Assent, see s. 255(3)(b)
  49. I49
    S. 123 not in force at Royal Assent, see s. 255(3)(b)
  50. I50
    S. 124 not in force at Royal Assent, see s. 255(3)(b)
  51. I51
    S. 125 not in force at Royal Assent, see s. 255(3)(b)
  52. I52
    S. 129 not in force at Royal Assent, see s. 255(3)(b)
  53. I53
    S. 134 not in force at Royal Assent, see s. 255(3)(b)
  54. I54
    S. 135 not in force at Royal Assent, see s. 255(3)(b)
  55. I55
    S. 137 not in force at Royal Assent, see s. 255(4)
  56. I56
    S. 138 not in force at Royal Assent, see s. 255(4)
  57. I57
    S. 139 not in force at Royal Assent, see s. 255(4)
  58. I58
    S. 140 not in force at Royal Assent, see s. 255(4)
  59. I59
    S. 141 not in force at Royal Assent, see s. 255(4)
  60. I60
    S. 142 not in force at Royal Assent, see s. 255(4)
  61. I61
    S. 143 not in force at Royal Assent, see s. 255(4)
  62. I62
    S. 144 not in force at Royal Assent, see s. 255(4)
  63. I63
    S. 145 not in force at Royal Assent, see s. 255(4)
  64. I64
    S. 146 not in force at Royal Assent, see s. 255(4)
  65. I65
    S. 147 not in force at Royal Assent, see s. 255(4)
  66. I66
    S. 148 not in force at Royal Assent, see s. 255(4)
  67. I67
    S. 149 not in force at Royal Assent, see s. 255(4)
  68. I68
    S. 150 not in force at Royal Assent, see s. 255(4)
  69. I69
    S. 151 not in force at Royal Assent, see s. 255(4)
  70. I70
    S. 171 not in force at Royal Assent, see s. 255(7)
  71. I71
    S. 172 not in force at Royal Assent, see s. 255(7)
  72. I72
    S. 173 not in force at Royal Assent, see s. 255(7)
  73. I73
    S. 174 not in force at Royal Assent, see s. 255(7)
  74. I74
    S. 175 not in force at Royal Assent, see s. 255(7)
  75. I75
    S. 176 not in force at Royal Assent, see s. 255(7)
  76. I76
    S. 177 not in force at Royal Assent, see s. 255(7)
  77. I77
    S. 178 not in force at Royal Assent, see s. 255(7)
  78. I78
    S. 179 not in force at Royal Assent, see s. 255(7)
  79. I79
    S. 180 not in force at Royal Assent, see s. 255(7)
  80. I80
    S. 181 not in force at Royal Assent, see s. 255(7)
  81. I81
    S. 182 not in force at Royal Assent, see s. 255(7)
  82. I82
    S. 183 not in force at Royal Assent, see s. 255(7)
  83. I83
    S. 184 not in force at Royal Assent, see s. 255(7)
  84. I84
    S. 185 not in force at Royal Assent, see s. 255(7)
  85. I85
    S. 186 not in force at Royal Assent, see s. 255(7)
  86. I86
    S. 187 not in force at Royal Assent, see s. 255(7)
  87. I87
    S. 188 not in force at Royal Assent, see s. 255(7)
  88. I88
    S. 189 not in force at Royal Assent, see s. 255(7)
  89. I89
    S. 190 not in force at Royal Assent, see s. 255(7)
  90. I90
    S. 191 not in force at Royal Assent, see s. 255(7)
  91. I91
    S. 192 not in force at Royal Assent, see s. 255(7)
  92. I92
    S. 193 not in force at Royal Assent, see s. 255(7)
  93. I93
    S. 194 not in force at Royal Assent, see s. 255(7)
  94. I94
    S. 195 not in force at Royal Assent, see s. 255(7)
  95. I95
    S. 196 not in force at Royal Assent, see s. 255(7)
  96. I96
    S. 197 not in force at Royal Assent, see s. 255(7)
  97. I97
    S. 198 not in force at Royal Assent, see s. 255(7)
  98. I98
    S. 199 not in force at Royal Assent, see s. 255(7)
  99. I99
    S. 200 not in force at Royal Assent, see s. 255(7)
  100. I100
    S. 201 not in force at Royal Assent, see s. 255(7)
  101. I101
    S. 202 not in force at Royal Assent, see s. 255(7)
  102. I102
    S. 203 not in force at Royal Assent, see s. 255(7)
  103. I103
    S. 204 not in force at Royal Assent, see s. 255(7)
  104. I104
    S. 205 not in force at Royal Assent, see s. 255(7)
  105. I105
    S. 206 not in force at Royal Assent, see s. 255(7)
  106. I106
    S. 207 not in force at Royal Assent, see s. 255(7)
  107. I107
    S. 208 not in force at Royal Assent, see s. 255(7)
  108. I108
    S. 209 not in force at Royal Assent, see s. 255(7)
  109. I109
    S. 210 not in force at Royal Assent, see s. 255(7)
  110. I110
    S. 211 not in force at Royal Assent, see s. 255(7)
  111. I111
    S. 212 not in force at Royal Assent, see s. 255(7)
  112. I112
    S. 213 not in force at Royal Assent, see s. 255(7)
  113. I113
    S. 214 not in force at Royal Assent, see s. 255(7)
  114. I114
    S. 215 not in force at Royal Assent, see s. 255(7)
  115. I115
    S. 216 not in force at Royal Assent, see s. 255(7)
  116. I116
    S. 217 not in force at Royal Assent, see s. 255(7)
  117. I117
    S. 218 not in force at Royal Assent, see s. 255(7)
  118. I118
    S. 219 in force at Royal Assent, see s. 255(8)
  119. I119
    S. 220 in force at Royal Assent, see s. 255(8)
  120. I120
    S. 221 in force at Royal Assent, see s. 255(8)
  121. I121
    S. 222 in force at Royal Assent, see s. 255(8)
  122. I122
    S. 223 in force at Royal Assent, see s. 255(8)
  123. I123
    S. 224 in force at Royal Assent, see s. 255(8)
  124. I124
    S. 225 in force at Royal Assent, see s. 255(8)
  125. I125
    S. 226 in force at Royal Assent, see s. 255(8)
  126. I126
    S. 227 in force at Royal Assent, see s. 255(8)
  127. I127
    S. 229 not in force at Royal Assent, see s. 255(9)(a)
  128. I128
    S. 230 not in force at Royal Assent, see s. 255(9)(a)
  129. I129
    S. 232 not in force at Royal Assent, see s. 255(9)(a)
  130. I130
    S. 235 not in force at Royal Assent, see s. 255(9)(a)
  131. I131
    S. 237 not in force at Royal Assent, see s. 255(9)(a)
  132. I132
    S. 238 not in force at Royal Assent, see s. 255(9)(a)
  133. I133
    S. 244 not in force at Royal Assent, see s. 255(9)(a)
  134. I134
    S. 246 in force at Royal Assent, see s. 255(10)(a)
  135. I135
    S. 247 in force at Royal Assent, see s. 255(10)(a)
  136. I136
    S. 249 in force at Royal Assent, see s. 255(10)(a)
  137. I137
    S. 250 in force at Royal Assent, see s. 255(10)(a)
  138. I138
    S. 251 in force at Royal Assent, see s. 255(10)(a)
  139. I139
    S. 252 in force at Royal Assent, see s. 255(10)(a)
  140. I140
    S. 253 in force at Royal Assent, see s. 255(10)(a)
  141. I141
    S. 254 in force at Royal Assent, see s. 255(10)(a)
  142. I142
    S. 255 in force at Royal Assent, see s. 255(10)(a)
  143. I143
    S. 256 in force at Royal Assent, see s. 255(10)(a)
  144. I144
    Sch. 2 para. 1 in force at Royal Assent, see s. 255(2)(a)
  145. I145
    Sch. 2 para. 2 in force at Royal Assent, see s. 255(2)(a)
  146. I146
    Sch. 2 para. 3 in force at Royal Assent, see s. 255(2)(a)
  147. I147
    Sch. 2 para. 4 in force at Royal Assent, see s. 255(2)(a)
  148. I148
    Sch. 2 para. 5 in force at Royal Assent, see s. 255(2)(a)
  149. I149
    Sch. 2 para. 6 in force at Royal Assent, see s. 255(2)(a)
  150. I150
    Sch. 2 para. 7 in force at Royal Assent, see s. 255(2)(a)
  151. I151
    Sch. 2 para. 8 in force at Royal Assent, see s. 255(2)(a)
  152. I152
    Sch. 2 para. 9 in force at Royal Assent, see s. 255(2)(a)
  153. I153
    Sch. 2 para. 10 in force at Royal Assent, see s. 255(2)(a)
  154. I154
    Sch. 2 para. 11 in force at Royal Assent, see s. 255(2)(a)
  155. I155
    Sch. 2 para. 12 in force at Royal Assent, see s. 255(2)(a)
  156. I156
    Sch. 4 para. 226 not in force at Royal Assent, see s. 255(2)(b)(ii)
  157. I157
    Sch. 4 para. 227 not in force at Royal Assent, see s. 255(2)(b)(ii)
  158. I158
    Sch. 4 para. 228 not in force at Royal Assent, see s. 255(2)(b)(ii)
  159. I159
    Sch. 4 para. 229 not in force at Royal Assent, see s. 255(2)(b)(ii)
  160. I160
    Sch. 4 para. 230 not in force at Royal Assent, see s. 255(2)(b)(ii)
  161. I161
    Sch. 5 para. 1 not in force at Royal Assent, see s. 255(2)(r)
  162. I162
    Sch. 5 para. 2 not in force at Royal Assent, see s. 255(2)(r)
  163. I163
    Sch. 5 para. 3 not in force at Royal Assent, see s. 255(2)(r)
  164. I164
    Sch. 5 para. 4 not in force at Royal Assent, see s. 255(2)(r)
  165. I165
    Sch. 6 para. 1 not in force at Royal Assent, see s. 255(3)(b)
  166. I166
    Sch. 6 para. 2 not in force at Royal Assent, see s. 255(3)(b)
  167. I167
    Sch. 6 para. 3 not in force at Royal Assent, see s. 255(3)(b)
  168. I168
    Sch. 6 para. 4 not in force at Royal Assent, see s. 255(3)(b)
  169. I169
    Sch. 6 para. 5 not in force at Royal Assent, see s. 255(3)(b)
  170. I170
    Sch. 6 para. 6 not in force at Royal Assent, see s. 255(3)(b)
  171. I171
    Sch. 6 para. 7 not in force at Royal Assent, see s. 255(3)(b)
  172. I172
    Sch. 6 para. 8 not in force at Royal Assent, see s. 255(3)(b)
  173. I173
    Sch. 6 para. 9 not in force at Royal Assent, see s. 255(3)(b)
  174. I174
    Sch. 6 para. 10 not in force at Royal Assent, see s. 255(3)(b)
  175. I175
    Sch. 6 para. 11 not in force at Royal Assent, see s. 255(3)(b)
  176. I176
    Sch. 6 para. 12 not in force at Royal Assent, see s. 255(3)(b)
  177. I177
    Sch. 6 para. 13 not in force at Royal Assent, see s. 255(3)(b)
  178. I178
    Sch. 6 para. 14 not in force at Royal Assent, see s. 255(3)(b)
  179. I179
    Sch. 6 para. 15 not in force at Royal Assent, see s. 255(3)(b)
  180. I180
    Sch. 8 para. 1 not in force at Royal Assent, see s. 255(3)(b)
  181. I181
    Sch. 8 para. 2 not in force at Royal Assent, see s. 255(3)(b)
  182. I182
    Sch. 8 para. 3 not in force at Royal Assent, see s. 255(3)(b)
  183. I183
    Sch. 8 para. 4 not in force at Royal Assent, see s. 255(3)(b)
  184. I184
    Sch. 8 para. 5 not in force at Royal Assent, see s. 255(3)(b)
  185. I185
    Sch. 8 para. 6 not in force at Royal Assent, see s. 255(3)(b)
  186. I186
    Sch. 8 para. 7 not in force at Royal Assent, see s. 255(3)(b)
  187. I187
    Sch. 8 para. 8 not in force at Royal Assent, see s. 255(3)(b)
  188. I188
    Sch. 8 para. 9 not in force at Royal Assent, see s. 255(3)(b)
  189. I189
    Sch. 8 para. 10 not in force at Royal Assent, see s. 255(3)(b)
  190. I190
    Sch. 8 para. 11 not in force at Royal Assent, see s. 255(3)(b)
  191. I191
    Sch. 8 para. 12 not in force at Royal Assent, see s. 255(3)(b)
  192. I192
    Sch. 8 para. 13 not in force at Royal Assent, see s. 255(3)(b)
  193. I193
    Sch. 8 para. 14 not in force at Royal Assent, see s. 255(3)(b)
  194. I194
    Sch. 8 para. 15 not in force at Royal Assent, see s. 255(3)(b)
  195. I195
    Sch. 8 para. 16 not in force at Royal Assent, see s. 255(3)(b)
  196. I196
    Sch. 8 para. 17 not in force at Royal Assent, see s. 255(3)(b)
  197. I197
    Sch. 8 para. 18 not in force at Royal Assent, see s. 255(3)(b)
  198. I198
    Sch. 8 para. 19 not in force at Royal Assent, see s. 255(3)(b)
  199. I199
    Sch. 8 para. 20 not in force at Royal Assent, see s. 255(3)(b)
  200. I200
    Sch. 8 para. 21 not in force at Royal Assent, see s. 255(3)(b)
  201. I201
    Sch. 8 para. 22 not in force at Royal Assent, see s. 255(3)(b)
  202. I202
    Sch. 8 para. 23 not in force at Royal Assent, see s. 255(3)(b)
  203. I203
    Sch. 8 para. 24 not in force at Royal Assent, see s. 255(3)(b)
  204. I204
    Sch. 8 para. 25 not in force at Royal Assent, see s. 255(3)(b)
  205. I205
    Sch. 8 para. 26 not in force at Royal Assent, see s. 255(3)(b)
  206. I206
    Sch. 8 para. 27 not in force at Royal Assent, see s. 255(3)(b)
  207. I207
    Sch. 8 para. 28 not in force at Royal Assent, see s. 255(3)(b)
  208. I208
    Sch. 8 para. 29 not in force at Royal Assent, see s. 255(3)(b)
  209. I209
    Sch. 8 para. 30 not in force at Royal Assent, see s. 255(3)(b)
  210. I210
    Sch. 8 para. 31 not in force at Royal Assent, see s. 255(3)(b)
  211. I211
    Sch. 8 para. 32 not in force at Royal Assent, see s. 255(3)(b)
  212. I212
    Sch. 8 para. 33 not in force at Royal Assent, see s. 255(3)(b)
  213. I213
    Sch. 8 para. 34 not in force at Royal Assent, see s. 255(3)(b)
  214. I214
    Sch. 8 para. 35 not in force at Royal Assent, see s. 255(3)(b)
  215. I215
    Sch. 8 para. 36 not in force at Royal Assent, see s. 255(3)(b)
  216. I216
    Sch. 8 para. 37 not in force at Royal Assent, see s. 255(3)(b)
  217. I217
    Sch. 8 para. 38 not in force at Royal Assent, see s. 255(3)(b)
  218. I218
    Sch. 8 para. 39 not in force at Royal Assent, see s. 255(3)(b)
  219. I219
    Sch. 8 para. 40 not in force at Royal Assent, see s. 255(3)(b)
  220. I220
    Sch. 9 para. 1 not in force at Royal Assent, see s. 255(3)(b)
  221. I221
    Sch. 9 para. 2 not in force at Royal Assent, see s. 255(3)(b)
  222. I222
    Sch. 9 para. 3 not in force at Royal Assent, see s. 255(3)(b)
  223. I223
    Sch. 9 para. 4 not in force at Royal Assent, see s. 255(3)(b)
  224. I224
    Sch. 12 para. 1 not in force at Royal Assent, see s. 255(4)
  225. I225
    Sch. 12 para. 2 not in force at Royal Assent, see s. 255(4)
  226. I226
    Sch. 12 para. 3 not in force at Royal Assent, see s. 255(4)
  227. I227
    Sch. 12 para. 4 not in force at Royal Assent, see s. 255(4)
  228. I228
    Sch. 12 para. 5 not in force at Royal Assent, see s. 255(4)
  229. I229
    Sch. 12 para. 6 not in force at Royal Assent, see s. 255(4)
  230. I230
    Sch. 12 para. 7 not in force at Royal Assent, see s. 255(4)
  231. I231
    Sch. 16 para. 1 not in force at Royal Assent, see s. 255(7)
  232. I232
    Sch. 16 para. 2 not in force at Royal Assent, see s. 255(7)
  233. I233
    Sch. 16 para. 3 not in force at Royal Assent, see s. 255(7)
  234. I234
    Sch. 16 para. 4 not in force at Royal Assent, see s. 255(7)
  235. I235
    Sch. 16 para. 5 not in force at Royal Assent, see s. 255(7)
  236. I236
    Sch. 16 para. 6 not in force at Royal Assent, see s. 255(7)
  237. I237
    Sch. 16 para. 7 not in force at Royal Assent, see s. 255(7)
  238. I238
    Sch. 16 para. 8 not in force at Royal Assent, see s. 255(7)
  239. I239
    Sch. 16 para. 9 not in force at Royal Assent, see s. 255(7)
  240. I240
    Sch. 17 para. 1 not in force at Royal Assent, see s. 255(7)
  241. I241
    Sch. 17 para. 2 not in force at Royal Assent, see s. 255(7)
  242. I242
    Sch. 17 para. 3 not in force at Royal Assent, see s. 255(7)
  243. I243
    Sch. 17 para. 4 not in force at Royal Assent, see s. 255(7)
  244. I244
    Sch. 17 para. 5 not in force at Royal Assent, see s. 255(7)
  245. I245
    Sch. 18 para. 1 not in force at Royal Assent, see s. 255(7)
  246. I246
    Sch. 18 para. 2 not in force at Royal Assent, see s. 255(7)
  247. I247
    Sch. 18 para. 3 not in force at Royal Assent, see s. 255(7)
  248. I248
    Sch. 18 para. 4 not in force at Royal Assent, see s. 255(7)
  249. I249
    Sch. 18 para. 5 not in force at Royal Assent, see s. 255(7)
  250. I250
    Sch. 18 para. 6 not in force at Royal Assent, see s. 255(7)
  251. I251
    Sch. 18 para. 7 not in force at Royal Assent, see s. 255(7)
  252. I252
    Sch. 19 para. 1 not in force at Royal Assent, see s. 255(7)
  253. I253
    Sch. 19 para. 2 not in force at Royal Assent, see s. 255(7)
  254. I254
    Sch. 19 para. 3 not in force at Royal Assent, see s. 255(7)
  255. I255
    Sch. 20 Pt. 1 para. 1 not in force at Royal Assent, see s. 255(7)
  256. I256
    Sch. 20 Pt. 1 para. 2 not in force at Royal Assent, see s. 255(7)
  257. I257
    Sch. 20 Pt. 1 para. 3 not in force at Royal Assent, see s. 255(7)
  258. I258
    Sch. 20 Pt. 1 para. 4 not in force at Royal Assent, see s. 255(7)
  259. I259
    Sch. 20 Pt. 1 para. 5 not in force at Royal Assent, see s. 255(7)
  260. I260
    Sch. 20 Pt. 1 para. 6 not in force at Royal Assent, see s. 255(7)
  261. I261
    Sch. 20 Pt. 1 para. 7 not in force at Royal Assent, see s. 255(7)
  262. I262
    Sch. 20 Pt. 2 para. 1 not in force at Royal Assent, see s. 255(7)
  263. I263
    Sch. 20 Pt. 2 para. 2 not in force at Royal Assent, see s. 255(7)
  264. I264
    Sch. 20 Pt. 2 para. 3 not in force at Royal Assent, see s. 255(7)
  265. I265
    Sch. 21 para. 1 not in force at Royal Assent, see s. 255(7)
  266. I266
    Sch. 21 para. 2 not in force at Royal Assent, see s. 255(7)
  267. I267
    Sch. 21 para. 3 not in force at Royal Assent, see s. 255(7)
  268. I268
    Sch. 21 para. 4 not in force at Royal Assent, see s. 255(7)
  269. I269
    Sch. 21 para. 5 not in force at Royal Assent, see s. 255(7)
  270. I270
    Sch. 21 para. 6 not in force at Royal Assent, see s. 255(7)
  271. I271
    Sch. 21 para. 7 not in force at Royal Assent, see s. 255(7)
  272. I272
    Sch. 21 para. 8 not in force at Royal Assent, see s. 255(7)
  273. I273
    Sch. 21 para. 9 not in force at Royal Assent, see s. 255(7)
  274. I274
    Sch. 21 para. 10 not in force at Royal Assent, see s. 255(7)
  275. I275
    Sch. 22 para. 1 not in force at Royal Assent, see s. 255(9)(a)
  276. I276
    Sch. 22 para. 2 not in force at Royal Assent, see s. 255(9)(a)
  277. I277
    Sch. 22 para. 3 not in force at Royal Assent, see s. 255(9)(a)
  278. I278
    Sch. 22 para. 4 not in force at Royal Assent, see s. 255(9)(a)
  279. I279
    Sch. 22 para. 5 not in force at Royal Assent, see s. 255(9)(a)
  280. I280
    Sch. 22 para. 6 not in force at Royal Assent, see s. 255(9)(a)
  281. I281
    Sch. 22 para. 7 not in force at Royal Assent, see s. 255(9)(a)
  282. I282
    Sch. 22 para. 8 not in force at Royal Assent, see s. 255(9)(a)
  283. I283
    Sch. 22 para. 9 not in force at Royal Assent, see s. 255(9)(a)
  284. I284
    Sch. 22 para. 10 not in force at Royal Assent, see s. 255(9)(a)
  285. I285
    Sch. 22 para. 11 not in force at Royal Assent, see s. 255(9)(a)
  286. I286
    Sch. 22 para. 12 not in force at Royal Assent, see s. 255(9)(a)
  287. I287
    Sch. 22 para. 13 not in force at Royal Assent, see s. 255(9)(a)
  288. I288
    Sch. 22 para. 14 not in force at Royal Assent, see s. 255(9)(a)
  289. I289
    Sch. 22 para. 15 not in force at Royal Assent, see s. 255(9)(a)
  290. I290
    Sch. 22 para. 16 not in force at Royal Assent, see s. 255(9)(a)
  291. I291
    Sch. 22 para. 17 not in force at Royal Assent, see s. 255(9)(a)
  292. I292
    Sch. 22 para. 18 not in force at Royal Assent, see s. 255(9)(a)
  293. I293
    Sch. 22 para. 19 not in force at Royal Assent, see s. 255(9)(a)
  294. I294
    Sch. 23 para. 1 not in force at Royal Assent, see s. 255(9)(a)
  295. I295
    Sch. 23 para. 2 not in force at Royal Assent, see s. 255(9)(a)
  296. I296
    Sch. 23 para. 3 not in force at Royal Assent, see s. 255(9)(a)
  297. I297
    Sch. 23 para. 4 not in force at Royal Assent, see s. 255(9)(a)
  298. I298
    Sch. 23 para. 5 not in force at Royal Assent, see s. 255(9)(a)
  299. I299
    Sch. 23 para. 6 not in force at Royal Assent, see s. 255(9)(a)
  300. I300
    Sch. 23 para. 7 not in force at Royal Assent, see s. 255(9)(a)
  301. I301
    Sch. 23 para. 8 not in force at Royal Assent, see s. 255(9)(a)
  302. I302
    Sch. 23 para. 9 not in force at Royal Assent, see s. 255(9)(a)
  303. I303
    Sch. 23 para. 10 not in force at Royal Assent, see s. 255(9)(a)
  304. I304
    Sch. 23 para. 11 not in force at Royal Assent, see s. 255(9)(a)
  305. I305
    Sch. 23 para. 12 not in force at Royal Assent, see s. 255(9)(a)
  306. I306
    Sch. 23 para. 13 not in force at Royal Assent, see s. 255(9)(a)
  307. I307
    Sch. 23 para. 14 not in force at Royal Assent, see s. 255(9)(a)
  308. I308
    Sch. 23 para. 15 not in force at Royal Assent, see s. 255(9)(a)
  309. I309
    Sch. 23 para. 16 not in force at Royal Assent, see s. 255(9)(a)
  310. I310
    Sch. 23 para. 17 not in force at Royal Assent, see s. 255(9)(a)
  311. I311
    Sch. 23 para. 18 not in force at Royal Assent, see s. 255(9)(a)
  312. I312
    Sch. 23 para. 19 not in force at Royal Assent, see s. 255(9)(a)
  313. I313
    Sch. 23 para. 20 not in force at Royal Assent, see s. 255(9)(a)
  314. I314
    Sch. 23 para. 21 not in force at Royal Assent, see s. 255(9)(a)
  315. I315
    Sch. 23 para. 22 not in force at Royal Assent, see s. 255(9)(a)
  316. I316
    Sch. 23 para. 23 not in force at Royal Assent, see s. 255(9)(a)
  317. I317
    Sch. 23 para. 24 not in force at Royal Assent, see s. 255(9)(a)
  318. I318
    Sch. 24 para. 1 in force at Royal Assent, see s. 255(10)(a)
  319. I319
    Sch. 24 para. 2 in force at Royal Assent, see s. 255(10)(a)
  320. I320
    Sch. 24 para. 3 in force at Royal Assent, see s. 255(10)(a)
  321. I321
    Sch. 24 para. 4 in force at Royal Assent, see s. 255(10)(a)
  322. I322
    Sch. 24 para. 5 in force at Royal Assent, see s. 255(10)(a)
  323. I323
    Sch. 24 para. 6 in force at Royal Assent, see s. 255(10)(a)
  324. I324
    Sch. 24 para. 7 in force at Royal Assent, see s. 255(10)(a)
  325. I325
    Sch. 24 para. 8 in force at Royal Assent, see s. 255(10)(a)
  326. I326
    Sch. 7 not in force at Royal Assent, see s. 255(3)(b)
  327. I327
    S. 32 in force at 26.12.2023, see s. 255(2)(c)
  328. I328
    Sch. 4 para. 102 in force at 26.12.2023, see s. 255(2)(c)
  329. I329
    Sch. 4 para. 103 in force at 26.12.2023, see s. 255(2)(c)
  330. I330
    Sch. 4 para. 104 in force at 26.12.2023, see s. 255(2)(c)
  331. I331
    Sch. 4 para. 105 in force at 26.12.2023, see s. 255(2)(c)
  332. I332
    S. 38 in force at 26.12.2023, see s. 255(2)(c)
  333. I333
    S. 41 in force at 26.12.2023, see s. 255(2)(c)
  334. I334
    Sch. 4 para. 111 in force at 26.12.2023, see s. 255(2)(c)
  335. I335
    Sch. 4 para. 112 in force at 26.12.2023, see s. 255(2)(c)
  336. I336
    S. 42 in force at 26.12.2023, see s. 255(2)(c)
  337. I337
    S. 43 in force at 26.12.2023, see s. 255(2)(c)
  338. I338
    S. 76 in force at 26.12.2023, see s. 255(2)(n)
  339. I339
    S. 109 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
  340. I340
    S. 164 in force at 26.12.2023, see s. 255(5)
  341. I341
    S. 54 in force at 26.12.2023, see s. 255(2)(c)
  342. I342
    S. 58 in force at 26.12.2023, see s. 255(2)(d)
  343. I343
    S. 61 in force at 26.12.2023, see s. 255(2)(f)
  344. I344
    S. 63 in force at 26.12.2023, see s. 255(2)(h)
  345. I345
    S. 64 in force at 26.12.2023, see s. 255(2)(h)
  346. I346
    S. 65 in force at 26.12.2023, see s. 255(2)(h)
  347. I347
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    Sch. 4 para. 25 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 10 para. 2 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 10 para. 3 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 10 para. 4 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 10 para. 5 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 10 para. 6 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 10 para. 7 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 10 para. 8 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 10 para. 9 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 10 para. 10 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 2 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 3 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 4 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 5 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 6 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 7 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 8 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 9 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 10 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 12 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 13 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 14 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 11 para. 15 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 4 para. 198 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 58 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 63 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 64 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 65 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 66 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 67 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 69 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 98 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 99 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 10 para. 11 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
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    Sch. 4 para. 1 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 4 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 5 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 6 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 8 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 9 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 10 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 11 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 12 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 13 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 14 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 15 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 210 in force at 26.12.2023, see s. 255(2)(c)
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    Sch. 4 para. 211 in force at 26.12.2023, see s. 255(2)(c)
  581. I581
    Sch. 4 para. 214 in force at 26.12.2023, see s. 255(2)(c)
  582. I582
    Sch. 4 para. 215 in force at 26.12.2023, see s. 255(2)(c)
  583. I583
    Sch. 4 para. 216 in force at 26.12.2023, see s. 255(2)(c)
  584. I584
    Sch. 4 para. 217 in force at 26.12.2023, see s. 255(2)(c)
  585. I585
    Sch. 4 para. 218 coming into force in accordance with s. 255(2)(b)(i)(c)
  586. I586
    Sch. 4 para. 220 in force at 26.12.2023, see s. 255(2)(c)
  587. I587
    Sch. 4 para. 221 in force at 26.12.2023, see s. 255(2)(c)
  588. I588
    Sch. 4 para. 222 coming into force in accordance with s. 255(2)(b)(i)(c)
  589. I589
    Sch. 4 para. 223 coming into force in accordance with s. 255(2)(b)(i)(c)
  590. I590
    Sch. 4 para. 224 coming into force in accordance with s. 255(2)(b)(i)(c)
  591. I591
    Sch. 4 para. 225 in force at 26.12.2023, see s. 255(2)(c)
  592. I592
    Sch. 4 para. 227 in force at 26.12.2023 by S.I. 2023/1405, reg. 7(b)
  593. I593
    Sch. 4 para. 228 in force at 26.12.2023 by S.I. 2023/1405, reg. 7(b)
  594. I594
    Sch. 4 para. 229 in force at 26.12.2023 by S.I. 2023/1405, reg. 7(b)
  595. I595
    Sch. 15 para. 3 in force at 26.12.2023, see s. 255(6)
  596. I596
    Sch. 15 para. 4 in force at 26.12.2023, see s. 255(6)
  597. I597
    Sch. 15 para. 5 in force at 26.12.2023, see s. 255(6)
  598. I598
    Sch. 15 para. 6 in force at 26.12.2023, see s. 255(6)
  599. I599
    Sch. 15 para. 7 in force at 26.12.2023, see s. 255(6)
  600. I600
    Sch. 15 para. 8 in force at 26.12.2023, see s. 255(6)
  601. I601
    Sch. 15 para. 9 in force at 26.12.2023, see s. 255(6)
  602. I602
    Sch. 15 para. 10 in force at 26.12.2023, see s. 255(6)
  603. I603
    Sch. 15 para. 13 in force at 26.12.2023, see s. 255(6)
  604. I604
    Sch. 15 para. 14 in force at 26.12.2023, see s. 255(6)
  605. I605
    Sch. 15 para. 15 in force at 26.12.2023, see s. 255(6)
  606. I606
    Sch. 15 para. 16 in force at 26.12.2023, see s. 255(6)
  607. I607
    Sch. 14 Pt. 2 in force at 26.12.2023, see s. 255(5)
  608. I608
    Sch. 14 Pt. 1 in force at 26.12.2023, see s. 255(5)
  609. I609
    Sch. 14 Pt. 3 in force at 26.12.2023, see s. 255(5)
  610. I610
    Sch. 14 Pt. 4 in force at 26.12.2023, see s. 255(5)
  611. I611
    Sch. 4 para. 226 in force at 26.12.2023 for specified purposes by S.I. 2023/1405, reg. 7(a)
  612. I612
    S. 1 in force at 26.12.2023, see s. 255(1)(b)
  613. I613
    S. 2 in force at 26.12.2023, see s. 255(1)(b)
  614. I614
    S. 3 in force at 26.12.2023, see s. 255(1)(b)
  615. I615
    S. 5 in force at 26.12.2023, see s. 255(1)(b)
  616. I616
    S. 6 in force at 26.12.2023, see s. 255(1)(b)
  617. I617
    S. 8 in force at 26.12.2023, see s. 255(1)(b)
  618. I618
    S. 9 in force at 26.12.2023, see s. 255(2)(c)
  619. I619
    S. 10 in force at 26.12.2023, see s. 255(2)(c)
  620. I620
    S. 11 in force at 26.12.2023, see s. 255(2)(c)
  621. I621
    S. 12 in force at 26.12.2023, see s. 255(2)(c)
  622. I622
    S. 13 in force at 26.12.2023, see s. 255(2)(c)
  623. I623
    S. 14 in force at 26.12.2023, see s. 255(2)(c)
  624. I624
    S. 15 in force at 26.12.2023, see s. 255(2)(c)
  625. I625
    S. 16 in force at 26.12.2023, see s. 255(2)(c)
  626. I626
    S. 17 in force at 26.12.2023, see s. 255(2)(c)
  627. I627
    S. 18 in force at 26.12.2023, see s. 255(2)(c)
  628. I628
    S. 19 in force at 26.12.2023, see s. 255(2)(c)
  629. I629
    S. 20 in force at 26.12.2023, see s. 255(2)(c)
  630. I630
    S. 21 in force at 26.12.2023, see s. 255(2)(c)
  631. I631
    S. 22 in force at 26.12.2023, see s. 255(2)(c)
  632. I632
    S. 23 in force at 26.12.2023, see s. 255(2)(c)
  633. I633
    S. 24 in force at 26.12.2023, see s. 255(2)(c)
  634. I634
    S. 25 in force at 26.12.2023, see s. 255(2)(c)
  635. I635
    S. 26 in force at 26.12.2023, see s. 255(2)(c)
  636. I636
    S. 28 in force at 26.12.2023, see s. 255(2)(c)
  637. I637
    S. 29 in force at 26.12.2023, see s. 255(2)(c)
  638. I638
    S. 30 in force at 26.12.2023, see s. 255(2)(c)
  639. I639
    S. 31 in force at 26.12.2023, see s. 255(2)(c)
  640. I640
    S. 33 in force at 26.12.2023, see s. 255(2)(c)
  641. I641
    S. 34 in force at 26.12.2023, see s. 255(2)(c)
  642. I642
    S. 35 in force at 26.12.2023, see s. 255(2)(c)
  643. I643
    S. 36 in force at 26.12.2023, see s. 255(2)(c)
  644. I644
    S. 37 in force at 26.12.2023, see s. 255(2)(c)
  645. I645
    S. 39 in force at 26.12.2023, see s. 255(2)(c)
  646. I646
    S. 40 in force at 26.12.2023, see s. 255(2)(c)
  647. I647
    S. 44 in force at 26.12.2023, see s. 255(2)(c)
  648. I648
    S. 46 in force at 26.12.2023, see s. 255(2)(c)
  649. I649
    S. 47 in force at 26.12.2023, see s. 255(2)(c)
  650. I650
    S. 48 in force at 26.12.2023, see s. 255(2)(c)
  651. I651
    S. 49 in force at 26.12.2023, see s. 255(2)(c)
  652. I652
    S. 50 in force at 26.12.2023, see s. 255(2)(c)
  653. I653
    S. 51 in force at 26.12.2023, see s. 255(2)(c)
  654. I654
    S. 52 in force at 26.12.2023, see s. 255(2)(c)
  655. I655
    S. 53 in force at 26.12.2023, see s. 255(2)(c)
  656. I656
    S. 55 in force at 26.12.2023, see s. 255(2)(c)
  657. I657
    S. 56 in force at 26.12.2023, see s. 255(2)(c)
  658. I658
    S. 57 in force at 26.12.2023, see s. 255(2)(c)
  659. I659
    S. 133 in force at 26.12.2023, see s. 255(3)(a)
  660. I660
    S. 136 in force at 26.12.2023, see s. 255(3)(a)
  661. I661
    S. 152 in force at 26.12.2023, see s. 255(5)
  662. I662
    S. 153 in force at 26.12.2023, see s. 255(5)
  663. I663
    S. 154 in force at 26.12.2023, see s. 255(5)
  664. I664
    S. 155 in force at 26.12.2023, see s. 255(5)
  665. I665
    S. 156 in force at 26.12.2023, see s. 255(5)
  666. I666
    S. 157 in force at 26.12.2023, see s. 255(5)
  667. I667
    S. 158 in force at 26.12.2023, see s. 255(5)
  668. I668
    S. 159 in force at 26.12.2023, see s. 255(5)
  669. I669
    S. 160 in force at 26.12.2023, see s. 255(5)
  670. I670
    S. 161 in force at 26.12.2023, see s. 255(5)
  671. I671
    S. 162 in force at 26.12.2023, see s. 255(5)
  672. I672
    S. 163 in force at 26.12.2023, see s. 255(5)
  673. I673
    S. 167 in force at 26.12.2023, see s. 255(5)
  674. I674
    S. 169 in force at 26.12.2023, see s. 255(6)
  675. I675
    S. 228 in force at 26.12.2023, see s. 255(9)(b)
  676. I676
    S. 231 in force at 26.12.2023, see s. 255(9)(b)
  677. I677
    S. 233 in force at 26.12.2023, see s. 255(9)(b)
  678. I678
    S. 234 in force at 26.12.2023, see s. 255(9)(b)
  679. I679
    S. 242 in force at 26.12.2023, see s. 255(9)(b)
  680. I680
    Sch. 1 para. 1 in force at 26.12.2023, see s. 255(2)(c)
  681. I681
    Sch. 1 para. 3 in force at 26.12.2023, see s. 255(2)(c)
  682. I682
    Sch. 1 para. 4 in force at 26.12.2023, see s. 255(2)(c)
  683. I683
    Sch. 3 para. 1 in force at 26.12.2023, see s. 255(2)(c)
  684. I684
    Sch. 3 para. 2 in force at 26.12.2023, see s. 255(2)(c)
  685. I685
    Sch. 3 para. 3 in force at 26.12.2023, see s. 255(2)(c)
  686. I686
    Sch. 3 para. 4 in force at 26.12.2023, see s. 255(2)(c)
  687. I687
    Sch. 3 para. 5 in force at 26.12.2023, see s. 255(2)(c)
  688. I688
    Sch. 3 para. 6 in force at 26.12.2023, see s. 255(2)(c)
  689. I689
    Sch. 3 para. 7 in force at 26.12.2023, see s. 255(2)(c)
  690. I690
    Sch. 3 para. 8 in force at 26.12.2023, see s. 255(2)(c)
  691. I691
    Sch. 3 para. 9 in force at 26.12.2023, see s. 255(2)(c)
  692. I692
    Sch. 3 para. 10 in force at 26.12.2023, see s. 255(2)(c)
  693. I693
    Sch. 3 para. 11 in force at 26.12.2023, see s. 255(2)(c)
  694. I694
    Sch. 3 para. 12 in force at 26.12.2023, see s. 255(2)(c)
  695. I695
    Sch. 3 para. 13 in force at 26.12.2023, see s. 255(2)(c)
  696. I696
    Sch. 4 para. 3 in force at 26.12.2023, see s. 255(2)(c)
  697. I697
    Sch. 4 para. 7 in force at 26.12.2023, see s. 255(2)(c)
  698. I698
    Sch. 4 para. 23 in force at 26.12.2023, see s. 255(2)(c)
  699. I699
    Sch. 4 para. 54 in force at 26.12.2023, see s. 255(2)(c)
  700. I700
    Sch. 4 para. 62 in force at 26.12.2023, see s. 255(2)(c)
  701. I701
    Sch. 4 para. 70 in force at 26.12.2023, see s. 255(2)(c)
  702. I702
    Sch. 4 para. 75 in force at 26.12.2023, see s. 255(2)(c)
  703. I703
    Sch. 4 para. 78 in force at 26.12.2023, see s. 255(2)(c)
  704. I704
    Sch. 4 para. 87 in force at 26.12.2023, see s. 255(2)(c)
  705. I705
    Sch. 4 para. 92 in force at 26.12.2023, see s. 255(2)(c)
  706. I706
    Sch. 4 para. 97 in force at 26.12.2023, see s. 255(2)(c)
  707. I707
    Sch. 4 para. 101 in force at 26.12.2023, see s. 255(2)(c)
  708. I708
    Sch. 4 para. 106 in force at 26.12.2023, see s. 255(2)(c)
  709. I709
    Sch. 4 para. 110 in force at 26.12.2023, see s. 255(2)(c)
  710. I710
    Sch. 4 para. 114 in force at 26.12.2023, see s. 255(2)(c)
  711. I711
    Sch. 4 para. 124 in force at 26.12.2023, see s. 255(2)(c)
  712. I712
    Sch. 4 para. 149 in force at 26.12.2023, see s. 255(2)(c)
  713. I713
    Sch. 4 para. 154 in force at 26.12.2023, see s. 255(2)(c)
  714. I714
    Sch. 4 para. 162 in force at 26.12.2023, see s. 255(2)(c)
  715. I715
    Sch. 4 para. 172 in force at 26.12.2023, see s. 255(2)(c)
  716. I716
    Sch. 4 para. 175 in force at 26.12.2023, see s. 255(2)(c)
  717. I717
    Sch. 4 para. 186 in force at 26.12.2023, see s. 255(2)(c)
  718. I718
    Sch. 4 para. 194 in force at 26.12.2023, see s. 255(2)(c)
  719. I719
    Sch. 4 para. 199 in force at 26.12.2023, see s. 255(2)(c)
  720. I720
    Sch. 4 para. 203 in force at 26.12.2023, see s. 255(2)(c)
  721. I721
    Sch. 4 para. 206 in force at 26.12.2023, see s. 255(2)(c)
  722. I722
    Sch. 4 para. 209 in force at 26.12.2023, see s. 255(2)(c)
  723. I723
    Sch. 4 para. 213 in force at 26.12.2023, see s. 255(2)(c)
  724. I724
    Sch. 4 para. 219 in force at 26.12.2023, see s. 255(2)(c)
  725. I725
    Sch. 10 para. 1 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
  726. I726
    Sch. 11 para. 1 in force at 26.12.2023 for specified purposes, see s. 255(3)(a)
  727. I727
    Sch. 13 para. 1 in force at 26.12.2023 for specified purposes, see s. 255(5)
  728. I728
    Sch. 13 para. 2 in force at 26.12.2023 for specified purposes, see s. 255(5)
  729. I729
    Sch. 13 para. 3 in force at 26.12.2023 for specified purposes, see s. 255(5)
  730. I730
    Sch. 13 para. 4 in force at 26.12.2023 for specified purposes, see s. 255(5)
  731. I731
    Sch. 13 para. 5 in force at 26.12.2023 for specified purposes, see s. 255(5)
  732. I732
    Sch. 13 para. 6 in force at 26.12.2023 for specified purposes, see s. 255(5)
  733. I733
    Sch. 13 para. 7 in force at 26.12.2023 for specified purposes, see s. 255(5)
  734. I734
    Sch. 13 para. 8 in force at 26.12.2023 for specified purposes, see s. 255(5)
  735. I735
    Sch. 15 para. 1 in force at 26.12.2023, see s. 255(6)
  736. I736
    Sch. 15 para. 2 in force at 26.12.2023, see s. 255(6)
  737. I737
    Sch. 15 para. 12 in force at 26.12.2023, see s. 255(6)
  738. I738
    S. 248 in force at the end of 2023, see s. 255(10)(b)
  739. F1
    Words in s. 166(3)(e) substituted (comes into force at the end of 2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 248, 255(10)(b) (with s. 247)
  740. I739
    Sch. 9 para. 1(6)-(10) in force at 31.1.2024 for specified purposes by S.I. 2024/92, reg. 2(q)
  741. I740
    S. 78 in force at 31.1.2024 by S.I. 2024/92, reg. 2(a)
  742. I741
    Sch. 5 para. 4 in force at 31.1.2024 by S.I. 2024/92, reg. 2(p)
  743. I742
    S. 185 in force at 31.1.2024 by S.I. 2024/92, reg. 2(l) (with reg. 6(1))
  744. I743
    S. 94 in force at 31.1.2024 by S.I. 2024/92, reg. 2(c)
  745. I744
    S. 106 in force at 31.1.2024 for specified purposes by S.I. 2024/92, reg. 2(d)
  746. I745
    S. 129 in force at 31.1.2024 by S.I. 2024/92, reg. 2(g)
  747. I746
    S. 180 in force at 31.1.2024 by S.I. 2024/92, reg. 2(i)
  748. I747
    S. 107 in force at 31.1.2024 for specified purposes by S.I. 2024/92, reg. 2(e)
  749. I748
    S. 140 in force at 31.1.2024 by S.I. 2024/92, reg. 2(h)
  750. I749
    S. 123 in force at 31.1.2024 by S.I. 2024/92, reg. 2(f)
  751. I750
    S. 186 in force at 31.1.2024 by S.I. 2024/92, reg. 2(m) (with reg. 6(2))
  752. I751
    S. 188 in force at 31.1.2024 by S.I. 2024/92, reg. 2(o)
  753. I752
    S. 181 in force at 31.1.2024 for specified purposes by S.I. 2024/92, reg. 2(j)
  754. I753
    Sch. 19 para. 1 in force at 31.1.2024 for specified purposes by S.I. 2024/92, reg. 2(r)
  755. I754
    Sch. 5 para. 1 in force at 31.1.2024 by S.I. 2024/92, reg. 2(p)
  756. I755
    Sch. 5 para. 2 in force at 31.1.2024 by S.I. 2024/92, reg. 2(p)
  757. I756
    Sch. 5 para. 3 in force at 31.1.2024 by S.I. 2024/92, reg. 2(p)
  758. I757
    S. 81 in force at 31.1.2024 by S.I. 2024/92, reg. 2(b)
  759. I758
    S. 184 in force at 31.1.2024 for specified purposes by S.I. 2024/92, reg. 2(k)
  760. I759
    S. 187 in force at 31.1.2024 by S.I. 2024/92, reg. 2(n)
  761. I760
    S. 135 in force at 12.2.2024 by S.I. 2024/92, reg. 3
  762. C1
    Sch. 2 para. 7(3) modified (temp.) (7.2.2024) by The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024 (S.I. 2024/131), regs. 1(3), 23, 24
  763. I761
    S. 111 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(g)
  764. I762
    S. 190 in force at 31.3.2024 for specified purposes for W. by S.I. 2024/389, reg. 2(l)
  765. I763
    Sch. 22 para. 12 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  766. I764
    S. 171(7) in force at 31.3.2024 by S.I. 2024/389, reg. 2(h)
  767. I765
    S. 182 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(i)
  768. I766
    S. 183 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(j)
  769. I767
    Sch. 19 para. 2 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(t)
  770. I768
    Sch. 19 para. 3 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(t)
  771. I769
    Sch. 22 para. 11 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  772. I770
    Sch. 22 para. 2 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  773. I771
    Sch. 22 para. 3 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u) (with reg. 5(1))
  774. I772
    Sch. 22 para. 4 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  775. I773
    Sch. 22 para. 5 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  776. I774
    Sch. 22 para. 6 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u) (with reg. 5(1))
  777. I775
    Sch. 22 para. 7 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u) (with reg. 5(1))
  778. I776
    Sch. 22 para. 8 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  779. I777
    Sch. 22 para. 9 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  780. I778
    Sch. 22 para. 10 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u) (with reg. 5(2))
  781. I779
    Sch. 22 para. 13 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  782. I780
    Sch. 22 para. 14 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  783. I781
    Sch. 22 para. 16 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  784. I782
    Sch. 22 para. 15 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  785. I783
    Sch. 22 para. 17 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  786. I784
    S. 84 in force at 31.3.2024 by S.I. 2024/389, reg. 2(a)
  787. I785
    S. 85 in force at 31.3.2024 by S.I. 2024/389, reg. 2(b)
  788. I786
    S. 86 in force at 31.3.2024 by S.I. 2024/389, reg. 2(c)
  789. I787
    S. 89 in force at 31.3.2024 by S.I. 2024/389, reg. 2(d)
  790. I788
    S. 90 in force at 31.3.2024 by S.I. 2024/389, reg. 2(e)
  791. I789
    S. 91 in force at 31.3.2024 by S.I. 2024/389, reg. 2(f)
  792. I790
    S. 184 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(k)
  793. I791
    S. 203 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(m)
  794. I792
    S. 205 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(n)
  795. I793
    S. 206 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(o)
  796. I794
    S. 214 in force at 31.3.2024 for specified purposes by S.I. 2024/389, reg. 2(p)
  797. I795
    S. 215 in force at 31.3.2024 by S.I. 2024/389, reg. 2(q)
  798. I796
    S. 229 in force at 31.3.2024 by S.I. 2024/389, reg. 2(r) (with reg. 5)
  799. I797
    Sch. 13 para. 1 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)
  800. I798
    Sch. 13 para. 2 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)
  801. I799
    Sch. 13 para. 3 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)
  802. I800
    Sch. 13 para. 4 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)
  803. I801
    Sch. 13 para. 5 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)
  804. I802
    Sch. 13 para. 6 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)
  805. I803
    Sch. 13 para. 7 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)
  806. I804
    Sch. 13 para. 8 in force at 31.3.2024 in so far as not already in force by S.I. 2024/389, reg. 2(s)
  807. I805
    Sch. 22 para. 1 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  808. I806
    Sch. 22 para. 18 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  809. I807
    Sch. 22 para. 19 in force at 31.3.2024 by S.I. 2024/389, reg. 2(u)
  810. I808
    S. 115 in force at 25.4.2024 by S.I. 2024/452, reg. 3(b) (with reg. 5)
  811. I809
    S. 116 in force at 25.4.2024 by S.I. 2024/452, reg. 3(c) (with reg. 6)
  812. I810
    S. 117 in force at 25.4.2024 by S.I. 2024/452, reg. 3(d)
  813. I811
    S. 118 in force at 25.4.2024 by S.I. 2024/452, reg. 3(e) (with reg. 7)
  814. I812
    S. 119 in force at 25.4.2024 by S.I. 2024/452, reg. 3(f) (with reg. 8)
  815. I813
    S. 120 in force at 25.4.2024 by S.I. 2024/452, reg. 3(g) (with reg. 9)
  816. I814
    S. 122 in force at 25.4.2024 by S.I. 2024/452, reg. 3(h)
  817. I815
    S. 124 in force at 25.4.2024 by S.I. 2024/452, reg. 3(i)
  818. I816
    S. 103 in force at 25.4.2024 by S.I. 2024/452, reg. 3(a)
  819. I817
    S. 190 in force at 30.4.2024 for E. by S.I. 2024/92, reg. 4 (with reg. 6(6))
  820. I818
    S. 181 in force at 30.4.2024 for E. in so far as not already in force by S.I. 2024/389, reg. 3(a) (with reg. 4)
  821. I819
    Sch. 19 para. 1 in force at 30.4.2024 for E. in so far as not already in force by S.I. 2024/389, reg. 3(c) (with reg. 4)
  822. C2
    S. 4 power to modify or disapply conferred (31.3.2024 for W. for specified purposes, 30.4.2024 for E.) by 1961 c. 33, Sch 2A para. 7(2)(b) (as inserted by Levelling-up and Regeneration Act 2023 (c. 55), ss. 190(2)(c), 255(7) (with s. 247); S.I. 2024/92, reg. 4 (with reg. 6(6)); S.I. 2024/389, reg. 2(l))
  823. I820
    S. 184 in force at 30.4.2024 for specified purposes by S.I. 2024/389, reg. 3(b) (with reg. 4)
  824. I821
    Sch. 4 para. 230 in force at 7.5.2024 by S.I. 2023/1405, reg. 8
  825. I822
    Sch. 4 para. 226 in force at 7.5.2024 in so far as not already in force by S.I. 2023/1405, reg. 8
  826. I823
    S. 105 in force at 25.7.2024 by S.I. 2024/452, reg. 4
  827. I824
    S. 237 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  828. I825
    S. 238 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(b) (with reg. 4, Schs. 1-3)
  829. I826
    Sch. 23 para. 2 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  830. I827
    Sch. 23 para. 3 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  831. I828
    Sch. 23 para. 4 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  832. I829
    Sch. 23 para. 5 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  833. I830
    Sch. 23 para. 6 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  834. I831
    Sch. 23 para. 7 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  835. I832
    Sch. 23 para. 8 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  836. I833
    Sch. 23 para. 9 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  837. I834
    Sch. 23 para. 10 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  838. I835
    Sch. 23 para. 11 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  839. I836
    Sch. 23 para. 12 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  840. I837
    Sch. 23 para. 13 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  841. I838
    Sch. 23 para. 14 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  842. I839
    Sch. 23 para. 15 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  843. I840
    Sch. 23 para. 16 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  844. I841
    Sch. 23 para. 17 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  845. I842
    Sch. 23 para. 18 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  846. I843
    Sch. 23 para. 19 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  847. I844
    Sch. 23 para. 20 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  848. I845
    Sch. 23 para. 21 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  849. I846
    Sch. 23 para. 22 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  850. I847
    Sch. 23 para. 23 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  851. I848
    Sch. 23 para. 24 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  852. I849
    Sch. 23 para. 1 in force at 1.11.2024 by S.I. 2024/1000, reg. 2(a) (with reg. 4, Schs. 1-3)
  853. F2
    Words in s. 102(3) substituted (4.11.2024) by Historic Environment (Wales) Act 2023 (2023 asc 3), Sch. 13 para. 198(a) (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 21; S.I. 2024/860, art. 3(d))
  854. F3
    S. 102(4)(b) substituted (4.11.2024) by Historic Environment (Wales) Act 2023 (2023 asc 3), Sch. 13 para. 198(b)(ii) (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 21; S.I. 2024/860, art. 3(d))
  855. F4
    S. 102(4)(za) inserted by Historic Environment (Wales) Act 2023 (2023 asc 3), Sch. 13 para. 198(b)(i) (as inserted) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 21; S.I. 2024/860, art. 3(d))
  856. F5
    S. 103(10)(b)(c) omitted (W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (2023 asc 3), Sch. 13 para. 199(b) (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 21; S.I. 2024/860, art. 3(d))
  857. F6
    S. 103(12)(a) omitted (W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (2023 asc 3), Sch. 13 para. 199(c) (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 21; S.I. 2024/860, art. 3(d))
  858. F7
    S. 103(12)(c) omitted (W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (2023 asc 3), Sch. 13 para. 199(c) (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 21; S.I. 2024/860, art. 3(d))
  859. F8
    S. 103(3)-(6) omitted (W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (2023 asc 3), Sch. 13 para. 199(a) (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 21; S.I. 2024/860, art. 3(d))
  860. F9
    S. 105(3)(4) omitted (W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (2023 asc 3), Sch. 13 para. 200 (with Sch. 14. para. 12) (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 21, 22; S.I. 2024/860, art. 3(d))
  861. I850
    S. 216 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(g)
  862. I851
    S. 209 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(e)
  863. I852
    S. 191 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  864. I853
    S. 192 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  865. I854
    S. 193 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  866. I855
    S. 194 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  867. I856
    S. 195 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  868. I857
    S. 196 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  869. I858
    S. 197 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  870. I859
    S. 198 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  871. I860
    S. 199 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  872. I861
    S. 200 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  873. I862
    S. 201 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  874. I863
    S. 202 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(a)
  875. I864
    S. 203 in force at 2.12.2024 in so far as not already in force by S.I. 2024/1138, reg. 2(b)
  876. I865
    S. 204 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(c)
  877. I866
    S. 205 in force at 2.12.2024 in so far as not already in force by S.I. 2024/1138, reg. 2(d)
  878. I867
    S. 206 in force at 2.12.2024 in so far as not already in force by S.I. 2024/1138, reg. 2(d)
  879. I868
    S. 207 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(e)
  880. I869
    S. 208 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(e)
  881. I870
    S. 210 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(e)
  882. I871
    S. 211 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(e)
  883. I872
    S. 212 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(e)
  884. I873
    S. 213 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(e)
  885. I874
    S. 214 in force at 2.12.2024 in so far as not already in force by S.I. 2024/1138, reg. 2(f)
  886. I875
    S. 217 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(g)
  887. I876
    S. 218 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(g)
  888. I877
    Sch. 20 Pt. 1 para. 1 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  889. I878
    Sch. 20 Pt. 1 para. 2 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  890. I879
    Sch. 20 Pt. 1 para. 3 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  891. I880
    Sch. 20 Pt. 2 para. 1 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  892. I881
    Sch. 20 Pt. 2 para. 2 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  893. I882
    Sch. 20 Pt. 2 para. 3 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  894. I883
    Sch. 21 para. 1 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  895. I884
    Sch. 21 para. 2 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  896. I885
    Sch. 21 para. 3 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  897. I886
    Sch. 21 para. 4 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  898. I887
    Sch. 21 para. 5 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  899. I888
    Sch. 21 para. 6 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  900. I889
    Sch. 21 para. 7 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  901. I890
    Sch. 21 para. 8 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  902. I891
    Sch. 21 para. 9 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  903. I892
    Sch. 21 para. 10 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  904. I893
    Sch. 20 Pt. 1 para. 4 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  905. I894
    Sch. 20 Pt. 1 para. 5 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  906. I895
    Sch. 20 Pt. 1 para. 6 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  907. I896
    Sch. 20 Pt. 1 para. 7 in force at 2.12.2024 by S.I. 2024/1138, reg. 2(h)
  908. I897
    S. 189 in force at 31.1.2025 by S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))
  909. C3
    Pt. 3 Ch. 1: functions in part to be exercisable concurrently by the Secretary of State and the Scottish Ministers (6.2.2025) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025 (S.I. 2025/135), arts. 1(1), 3 (with art. 4(1))
  910. C4
    S. 84(3) function in part to be exercisable concurrently by the Secretary of State and the Scottish Ministers (6.2.2025) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025 (S.I. 2025/135), arts. 1(1), 3 (with art. 4(1))
  911. C5
    Pt. 6: functions in part to be treated as being exercisable in or as regards Scotland (6.2.2025) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025 (S.I. 2025/135), arts. 1(1), 2 (with art. 4)
  912. C6
    Pt. 6: functions in part to be exercisable concurrently by the Secretary of State and the Scottish Ministers (6.2.2025) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025 (S.I. 2025/135), arts. 1(1), 3 (with art. 4)
  913. I898
    S. 109 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(a)
  914. I899
    Sch. 10 para. 2 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  915. I900
    Sch. 10 para. 3 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  916. I901
    Sch. 10 para. 4 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  917. I902
    Sch. 10 para. 5 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  918. I903
    Sch. 10 para. 6 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  919. I904
    Sch. 10 para. 7 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  920. I905
    Sch. 10 para. 8 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  921. I906
    Sch. 10 para. 9 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  922. I907
    Sch. 10 para. 10 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  923. I908
    Sch. 10 para. 11 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  924. I909
    Sch. 10 para. 1 in force at 1.5.2025 for specified purposes by S.I. 2025/430, reg. 2(b)
  925. I910
    S. 181 in force at 2.12.2025 for specified purposes by S.I. 2025/1262, reg. 2(1)(a)(2) (with reg. 3)
  926. I911
    Sch. 18 para. 3(1)(2) in force at 2.12.2025 by S.I. 2025/1262, reg. 2(1)(d)
  927. I912
    Sch. 19 para. 1 in force at 2.12.2025 for specified purposes by S.I. 2025/1262, reg. 2(1)(e)(2) (with reg. 3)
  928. I913
    S. 183(4) in force at 2.12.2025 for specified purposes by S.I. 2025/1262, reg. 2(1)(b)
  929. I914
    S. 184 in force at 2.12.2025 for specified purposes by S.I. 2025/1262, reg. 2(1)(c)(2) (with reg. 3)
  930. F10
    Sch. 4 para. 212 omitted (26.1.2026) by virtue of Bus Services Act 2025 (c. 24), ss. 22(8), 41(5); S.I. 2026/46, reg. 2(l)
  931. I915
    Sch. 18 para. 4 in force at 18.2.2026 for specified purposes by S.I. 2025/1370, reg. 2(1)(c)(2)
  932. I916
    Sch. 18 para. 5 in force at 18.2.2026 for specified purposes by S.I. 2025/1370, reg. 2(1)(c)(2)
  933. I917
    Sch. 18 para. 6 in force at 18.2.2026 for specified purposes by S.I. 2025/1370, reg. 2(1)(c)(2)
  934. I918
    Sch. 18 para. 2 in force at 18.2.2026 for specified purposes by S.I. 2025/1370, reg. 2(1)(c)(2)
  935. I919
    S. 183 in force at 18.2.2026 for specified purposes by S.I. 2025/1370, reg. 2(1)(a)(2)
  936. I920
    Sch. 18 para. 3(3) in force at 18.2.2026 for specified purposes by S.I. 2025/1370, reg. 2(1)(c)(2) (with reg. 6(1)(2))
  937. I921
    Sch. 19 para. 3 in force at 18.2.2026 for specified purposes by S.I. 2025/1370, reg. 2(1)(d)(2)
  938. I922
    Sch. 18 para. 7 in force at 18.2.2026 for specified purposes by S.I. 2025/1370, reg. 2(1)(c)(2)
  939. I923
    S. 184 in force at 18.2.2026 for specified purposes by S.I. 2025/1370, reg. 2(1)(b)(2)
  940. F11
    Words in s. 152(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 115, 118(6)(a) (with s. 116)
  941. F12
    Words in s. 154(9) substituted (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 26(a), 32(1) (with s. 30)
  942. F13
    S. 154(10)(11) inserted substituted (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 26(b), 32(1) (with s. 30)
  943. I924
    S. 100 in force at 3.3.2026 for specified purposes by S.I. 2026/169, reg. 2
  944. I925
    Sch. 7 in force at 3.3.2026 for specified purposes by S.I. 2026/169, reg. 2
  945. I926
    S. 97 in force at 3.3.2026 for specified purposes by S.I. 2026/169, reg. 2
  946. I927
    Sch. 8 para. 7(1)(2)(b)(4)-(6) in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(ii) (with Sch. 1)
  947. I928
    Sch. 8 para. 40(1)(2)(b)-(f) in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)
  948. I929
    Sch. 8 para. 39(1)-(5) in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)
  949. I930
    Sch. 8 para. 1 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)
  950. I931
    S. 92 in force at 25.3.2026 by S.I. 2026/169, reg. 3(a) (with Sch. 1)
  951. I932
    S. 98 in force at 25.3.2026 by S.I. 2026/169, reg. 3(c) (with Sch. 1)
  952. I933
    S. 99 in force at 25.3.2026 by S.I. 2026/169, reg. 3(d) (with Sch. 1)
  953. I934
    S. 100 in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(e) (with Sch. 1)
  954. I935
    Sch. 7 in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(b) (with Sch. 1, Sch. 2) (as amended by S.I. 2026/333, regs. 1(2), 2)
  955. I936
    Sch. 8 para. 18 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(v) (with Sch. 1)
  956. I937
    Sch. 8 para. 19 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(v) (with Sch. 1)
  957. I938
    Sch. 8 para. 20 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(v) (with Sch. 1)
  958. I939
    Sch. 8 para. 21 in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(f)(vi) (with Sch. 1)
  959. I940
    Sch. 8 para. 22 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(vii) (with Sch. 1)
  960. I941
    Sch. 8 para. 23(1)(2)(4) in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(viii) (with Sch. 1)
  961. I942
    Sch. 8 para. 23(3)(5) in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(f)(viii) (with Sch. 1)
  962. I943
    Sch. 8 para. 24 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(ix) (with Sch. 1)
  963. I944
    Sch. 8 para. 25 in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(f)(x) (with Sch. 1)
  964. I945
    Sch. 8 para. 26 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  965. I946
    Sch. 8 para. 15 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(v) (with Sch. 1)
  966. I947
    Sch. 8 para. 16 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(v) (with Sch. 1)
  967. I948
    Sch. 8 para. 3 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)
  968. I949
    Sch. 8 para. 4 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)
  969. I950
    Sch. 8 para. 5 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)
  970. I951
    Sch. 8 para. 6 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)
  971. I952
    Sch. 8 para. 7(3)(a)(i) in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(f)(ii) (with Sch. 1)
  972. I953
    Sch. 8 para. 8 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(iii) (with Sch. 1)
  973. I954
    Sch. 8 para. 9 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(iii) (with Sch. 1)
  974. I955
    Sch. 8 para. 11 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(iv) (with Sch. 1)
  975. I956
    Sch. 8 para. 12 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(iv) (with Sch. 1)
  976. I957
    Sch. 8 para. 29 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  977. I958
    Sch. 8 para. 30 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  978. I959
    Sch. 8 para. 31 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  979. I960
    Sch. 8 para. 27 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  980. I961
    Sch. 8 para. 32 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  981. I962
    Sch. 8 para. 38 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xii) (with Sch. 1)
  982. I963
    Sch. 8 para. 39(6) in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(f)(xiii) (with Sch. 1)
  983. I964
    Sch. 8 para. 40(2)(a)(3) in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(f)(xiv) (with Sch. 1)
  984. I965
    S. 97 in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(b) (with Sch. 1)
  985. I966
    S. 101 in force at 25.3.2026 for specified purposes by S.I. 2026/169, reg. 3(f) (with Sch. 1)
  986. I967
    Sch. 8 para. 2 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(i) (with Sch. 1)
  987. I968
    Sch. 8 para. 13 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(iv) (with Sch. 1)
  988. I969
    Sch. 8 para. 17 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(v) (with Sch. 1)
  989. I970
    Sch. 8 para. 28 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xi) (with Sch. 1)
  990. I971
    Sch. 8 para. 37 in force at 25.3.2026 by S.I. 2026/169, reg. 3(f)(xii) (with Sch. 1)
  991. I972
    S. 175 in force at 14.4.2026 by S.I. 2026/168, reg. 2(b)
  992. I973
    Sch. 17 para. 2 in force at 14.4.2026 by S.I. 2026/168, reg. 2(g)
  993. I974
    Sch. 17 para. 3 in force at 14.4.2026 by S.I. 2026/168, reg. 2(g)
  994. I975
    S. 176 in force at 14.4.2026 by S.I. 2026/168, reg. 2(c)
  995. I976
    Sch. 17 para. 5 in force at 14.4.2026 by S.I. 2026/168, reg. 2(g)
  996. I977
    Sch. 17 para. 4 in force at 14.4.2026 by S.I. 2026/168, reg. 2(g)
  997. I978
    S. 174 in force at 14.4.2026 by S.I. 2026/168, reg. 2(a)
  998. I979
    S. 178 in force at 14.4.2026 by S.I. 2026/168, reg. 2(e)
  999. I980
    S. 179 in force at 14.4.2026 by S.I. 2026/168, reg. 2(f)
  1000. I981
    Sch. 17 para. 1 in force at 14.4.2026 by S.I. 2026/168, reg. 2(g)
  1001. I982
    S. 177 in force at 14.4.2026 by S.I. 2026/168, reg. 2(d)