English Devolution and Community Empowerment Act 2026

2026 Chapter 23

An Act to make provision about combined authorities, combined county authorities, the Greater London Authority, local authorities, police and crime commissioners and fire and rescue authorities, local audit and terms in business tenancies about rent.

Enacted [29th April 2026]

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 Strategic authorities¶

The strategic authorities¶

1 Strategic authorities¶

1 This section sets out the meaning of “strategic authority” and other related expressions for the purposes of this Act.

Strategic authorities

2 “Strategic authority” means—

a a single foundation strategic authority,

b a combined foundation strategic authority, or

c a mayoral strategic authority, including an established mayoral strategic authority.

Foundation strategic authorities

3 “Single foundation strategic authority” means—

a a unitary district council, or

b a county council,

which is designated under section 3.

4 “Combined foundation strategic authority” means—

a a non-mayoral combined authority, or

b a non-mayoral combined county authority.

Mayoral strategic authorities

5 “Mayoral strategic authority” means—

a a mayoral combined authority,

b a mayoral combined county authority, or

c the GLA.

Established mayoral strategic authorities

6 A mayoral strategic authority is “established” if it is—

a a mayoral combined authority which is designated under section 106B of LDEDCA 2009,

b a mayoral combined county authority which is designated under section 25A of LURA 2023, or

c the GLA.

The areas of competence¶

2 Areas of competence¶

For the purposes of this Act, the subjects or subject referred to in each of the following paragraphs is an “area of competence”—

a transport and local infrastructure;

b skills and employment support;

c housing and strategic planning;

d economic development and regeneration;

e the environment and climate change;

f health, well-being and public service reform;

g public safety;

h culture;

i rural affairs and coastal communities.

Single foundation strategic authorities¶

3 Single foundation strategic authorities¶

1 The Secretary of State may, by regulations, designate a unitary district council or a county council as a single foundation strategic authority.

2 The Secretary of State may not designate a council if the council’s area is within, or is, the area of another strategic authority.

3 The Secretary of State may not designate a council unless the council consents to the designation.

4 Regulations under this section are subject to affirmative resolution procedure.

5 In this Act, see Schedule 27 for powers for the Secretary of State to confer functions on single foundation strategic authorities.

Combined authorities and CCAs¶

4 Combined authorities and CCAs: establishment, expansion and functions¶

Schedule 1 contains provision amending requirements relating to the establishment and expansion of, and conferral of functions on, combined authorities and CCAs.

5 Combined authorities and CCAs: functions generally¶

1 Before section 18 of LURA 2023 insert—

2 After section 103 of LDEDCA 2009 insert—

6 Combined authorities and CCAs: decision-making and validity of proceedings¶

1 LURA 2023 is amended in accordance with subsections (2) and (3).

2 After section 13 insert—

13A Decision-making

1 This section applies to any decision of a CCA.

2 A decision of a non-mayoral CCA is to be made by a simple majority of the voting members present and voting on that question at a meeting of the CCA.

3 A decision of a mayoral CCA is to be made by a simple majority of the voting members present and voting on that question at a meeting of the CCA; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor.

4 But if—

a the office of mayor is vacant, and

b there is no deputy mayor,

the decision is to be made by a simple majority of the voting members present and voting on that question at a meeting of the CCA.

5 On a decision of any CCA—

a each voting member has one vote;

b in the case of a tied vote—

i no person has a casting vote; and

ii the CCA must be regarded as having disagreed to the question that the decision should be made.

6 Subsections (1) to (5) are subject to provision made in any other enactment (whenever passed or made).

7 That includes regulations under this Chapter or under Schedule 27 to the English Devolution and Community Empowerment Act 2026.

8 In this section “voting member” means—

a in relation to a decision of a non-mayoral CCA—

i a person appointed by a constituent council to be a member of the CCA (a “constituent member”) or a person acting as a member of the CCA in the absence of the constituent member, and

ii a non-constituent member (within the meaning of section 11) who is a voting member in relation to the decision by virtue of a resolution under section 11(4) or a person acting as a member of the CCA in the absence of the non-constituent member;

b in relation to a decision of a mayoral CCA—

i a person appointed by a constituent council to be a member of the CCA (a “constituent member”) or a person acting as a member of the CCA in the absence of the constituent member,

iii the mayor, or the deputy mayor acting in place of the mayor.

13B Validity of proceedings

1 The proceedings of a CCA are not invalidated—

a by any vacancy—

i among its members or substitute members, or

ii (in the case of a mayoral CCA) in the office of deputy mayor, or

b by any defect in the appointment or qualifications of—

i any member or substitute member, or

ii (in the case of a mayoral CCA) of the deputy mayor.

2 In this section “substitute member” means a person appointed to act as a member in the absence of another member.

3 In section 13 (regulations about members), in subsection (2)(a), after “members of a particular kind” insert “(including provision disapplying or modifying the effect of section 13A)”.

4 LDEDCA 2009 is amended in accordance with subsections (5) and (6).

5 After section 104C insert—

104CA Decision-making

1 This section applies to any decision of a combined authority.

2 A decision of a non-mayoral combined authority is to be made by a simple majority of the voting members present and voting on that question at a meeting of the combined authority.

3 A decision of a mayoral combined authority is to be made by a simple majority of the voting members present and voting on that question at a meeting of the combined authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor.

4 But if—

a the office of mayor is vacant, and

b there is no deputy mayor,

the decision is to be made by a simple majority of the other voting members present and voting on that question at a meeting of the combined authority.

5 On a decision of any combined authority—

a each voting member has one vote;

b in the case of a tied vote—

i no person has a casting vote; and

ii the combined authority must be regarded as having disagreed to the question that the decision should be made.

6 Subsections (1) to (5) are subject to provision made in any other enactment (whenever passed or made).

7 That includes an order under this Part or regulations under Schedule 27 to the English Devolution and Community Empowerment Act 2026.

8 In this section “voting member” means—

a in relation to a decision of a non-mayoral combined authority—

i a person appointed by a constituent council to be a member of the combined authority (a “constituent member”) or a person acting as a member of the combined authority in the absence of the constituent member, and

ii a non-constituent member (within the meaning of section 104A) who is a voting member in relation to the decision by virtue of a resolution under section 104A(4) or a person acting as a member of the combined authority in the absence of the non-constituent member;

b in relation to a decision of a mayoral combined authority—

iii the mayor, or the deputy mayor acting in place of the mayor.

104CB Validity of proceedings

1 The proceedings of a combined authority are not invalidated—

a by any vacancy—

i among its members or substitute members, or

ii (in the case of a mayoral combined authority) in the office of deputy mayor, or

b by any defect in the appointment or qualifications of—

i any member or substitute member, or

ii (in the case of a mayoral combined authority) of the deputy mayor.

2 In this section “substitute member” means a person appointed to act as a member in the absence of another member.

6 In section 104C (regulations about members), in subsection (2)(a), after “members of a particular kind” insert “(including provision disapplying or modifying the effect of section 104CA)”.

7 Schedule 2 makes further provision about decision-making and exercise of functions.

7 Combined authorities and CCAs: powers not limited by other provision or powers¶

1 In LURA 2023, after section 24B (inserted by section 43(2) of this Act) insert—

24C Powers not limited by other provision or powers

1 This section applies to a power under this Chapter to make subordinate legislation (the “SI-making power”) and a CCA if conditions A and B are met.

2 Condition A: the SI-making power confers power to make provision about a particular function or other matter (the “relevant function or matter”) in relation to the CCA.

3 Condition B: provision about the relevant function or matter which relates to the CCA—

a is made by an enactment (whenever passed or made) that is not subordinate legislation made under this Chapter (the “separate provision”), or

b could be made under a power conferred by an enactment that is not contained in this Chapter (the “separate power”),

(whether or not that provision also relates to any other CCAs).

4 The separate provision or separate power does not limit the subordinate legislation that may be made under the SI-making power in relation to the CCA.

5 In particular, the separate provision or separate power does not prevent subordinate legislation under the SI-making power from—

a making provision about the relevant function or matter in relation to the CCA which is to apply instead of the separate provision;

b making modifications or other contrary provision to which the separate provision is to be subject in its application in relation to the CCA.

6 Subsection (4) applies to provision made under the SI-making power before or after the coming into force of this section.

2 In LDEDCA 2009, after section 104CB (inserted by section 6 of this Act) insert—

104CC Powers not limited by other provision or powers

1 This section applies to a power under this Part to make subordinate legislation (the “SI-making power”) and a combined authority if conditions A and B are met.

2 Condition A: the SI-making power confers power to make provision about a particular function or other matter (the “relevant function or matter”) in relation to the combined authority, and

3 Condition B: provision about the relevant function or matter which relates to the combined authority—

a is made by an enactment (whenever passed or made) that is not subordinate legislation made under this Part (the “separate provision”), or

b could be made under a power conferred by an enactment that is not contained in this Part (the “separate power”),

(whether or not that provision also relates to any other combined authority).

4 The separate provision or separate power does not limit the subordinate legislation that may be made under the SI-making power in relation to the combined authority.

5 In particular, the separate provision or separate power does not prevent subordinate legislation under the SI-making power from—

a making provision about the relevant function or matter in relation to the combined authority which is to apply instead of the separate provision;

b making modifications or other contrary provision to which the separate provision is to be subject in its application in relation to the combined authority.

6 Subsection (4) applies to provision made under the SI-making power before or after the coming into force of this section.

8 Combined authorities and CCAs: designation as established mayoral strategic authorities¶

1 After section 25 of LURA 2023 insert—

25A Designation as an established mayoral strategic authority

1 The Secretary of State may, by regulations, designate a mayoral CCA as an established mayoral strategic authority.

2 The Secretary of State may not designate a mayoral CCA unless the mayoral CCA has submitted to the Secretary of State a written proposal to be designated (the “designation proposal”).

3 The designation proposal must identify—

a any provision—

i that applies in relation to the mayoral CCA,

ii that would not be of general application to the mayoral CCA if designated, and

iii which the mayoral CCA would like to continue to apply in relation to it if designated;

b any provision—

i that does not apply in relation to the mayoral CCA,

ii that would not be of general application to the mayoral CCA, if designated, and

iii which the mayoral CCA would like the Secretary of State to make (using a power conferred by this Chapter or otherwise) so as to apply in relation to it, if designated.

4 If the Secretary of State decides not to designate the mayoral CCA, the Secretary of State must notify the authority in writing of the reasons for the decision.

5 If the Secretary of State decides not to designate the mayoral CCA, that mayoral CCA may not be designated unless another written proposal to be designated is submitted in accordance with this section.

6 A Minister of the Crown must not exercise any power to make subordinate legislation (whenever conferred) so as to cause a mayoral CCA to cease to be an established mayoral strategic authority.

7 That does not limit the making of provision that is—

a in consequence of, or

b otherwise in connection with,

the abolition or merger of an established mayoral strategic authority (whether the abolition or merger is provided for in secondary legislation or an Act of Parliament).

8 For the purposes of this section provision would be “of general application to a mayoral CCA if designated” if the provision is contained in an enactment and applies in relation to—

a all established mayoral strategic authorities, or

b a class of established mayoral strategic authorities which would include the mayoral CCA if designated.

2 LDEDCA 2009 is amended in accordance with subsections (3) and (4).

3 Before section 106 insert—

4 After section 106A insert—

106B Designation as an established mayoral strategic authority

1 The Secretary of State may, by order, designate a mayoral combined authority as an established mayoral strategic authority.

2 The Secretary of State may not designate a mayoral combined authority unless the mayoral combined authority has submitted to the Secretary of State a written proposal to be designated (the “designation proposal”).

3 The designation proposal must identify—

a any provision—

i that applies in relation to the mayoral combined authority,

ii that would not be of general application to the mayoral combined authority if designated, and

iii which the mayoral combined authority would like to continue to apply in relation to it if designated;

b any provision—

i that does not apply in relation to the mayoral combined authority,

ii that would not be of general application to the mayoral combined authority, if designated, and

iii which the mayoral combined authority would like the Secretary of State to make (using a power conferred by this Part or otherwise) so as to apply in relation to it, if designated.

4 If the Secretary of State decides not to designate the mayoral combined authority, the Secretary of State must notify the authority in writing of the reasons for the decision.

5 If the Secretary of State decides not to designate the mayoral combined authority, that mayoral combined authority may not be designated unless another written proposal to be designated is submitted in accordance with this section.

6 A Minister of the Crown must not exercise any power to make subordinate legislation (whenever conferred) so as to cause a mayoral combined authority to cease to be an established mayoral strategic authority.

7 That does not limit the making of provision that is—

a in consequence of, or

b otherwise in connection with,

the abolition or merger of an established mayoral strategic authority (whether the abolition or merger is provided for in secondary legislation or an Act of Parliament).

8 For the purposes of this section provision would be “of general application to a mayoral combined authority if designated” if the provision is contained in an enactment and applies in relation to—

a all established mayoral strategic authorities, or

b a class of established mayoral strategic authorities which would include the mayoral combined authority if designated.

9 Appointment of commissioners by mayors¶

1 After section 29 of LURA 2023 insert—

2 In section 30(3) of LURA 2023 (delegation of functions by the mayor), after paragraph (b) insert—

3 In Schedule 1 to LURA 2023 (overview and scrutiny committees etc), in paragraph 1 (functions of overview and scrutiny committees), after sub-paragraph (4) insert—

4 After section 107C of LDEDCA 2009 insert—

5 In section 107D(3) of LDEDCA 2009 (delegation of functions by the mayor), after paragraph (b) insert—

6 In Schedule 5A to LDEDCA 2009 (overview and scrutiny committees etc), in paragraph 1 (functions of overview and scrutiny committees), after sub-paragraph (4) insert—

7 Schedule 3 inserts the new Schedule 2A into LURA 2023 and the new Schedule 5BA into LDEDCA 2009.

10 Combined authorities and CCAs: allowances for members with special responsibilities¶

1 LURA 2023 is amended in accordance with subsections (2) and (3).

2 After section 52 insert—

52A Allowances for members with special responsibilities

1 A CCA may—

a make a scheme providing for the payment of allowances to members of the CCA who have special responsibilities, and

b pay allowances in accordance with the scheme.

2 A CCA may only make a scheme if—

a the CCA has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and

b the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel.

3 A CCA which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts).

4 In exercising the powers conferred by this section, or complying with the duty to produce and publish reports, a CCA must take account of any guidance issued for this purpose by the Secretary of State.

5 In deciding the terms of a report produced for the purposes of this section, a relevant remuneration panel must take account of any guidance issued for this purpose by the Secretary of State.

6 If a member of a CCA is entitled to be paid—

a an allowance under this section, and

b an allowance or other payment by a constituent council,

in respect of the same special responsibilities, the amount payable under this section is to be reduced by the amount payable by the constituent council (and the amount payable under this section is to be reduced to nil if it is smaller than the amount payable by the constituent council).

7 Regulations under section 10(1) (about the constitutional arrangements of a CCA) may not prevent or otherwise affect the exercise of the power to pay an allowance under this section; but this section does not otherwise limit the power conferred by section 10(1).

8 In this section—

“relevant remuneration panel”, means a panel that is specified, or of a description specified, in regulations made by the Secretary of State for the purposes of this section;
“special responsibilities”, in relation to a member of CCA, means any responsibilities which the member has in addition to the general responsibilities of being a member of the CCA.

3 In section 252 (regulations)—

a in subsection (2), for “(c)” substitute “(ca)”;

b in subsection (5)(a), for “(c)” substitute “(ca)”;

c in subsection (8), after paragraph (c) insert—

4 After section 113D of LDEDCA 2009 insert—

113E Allowances for members with special responsibilities

1 A combined authority may—

a make a scheme providing for the payment of allowances to members of the combined authority who have special responsibilities, and

b pay allowances in accordance with the scheme.

2 A combined authority may only make a scheme if—

a the combined authority has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and

b the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel.

3 A combined authority which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts).

4 In exercising the powers conferred by this section, or complying with the duty to produce and publish reports, a combined authority must take account of any guidance issued for this purpose by the Secretary of State.

5 In deciding the terms of a report produced for the purposes of this section, a relevant remuneration panel must take account of any guidance issued for this purpose by the Secretary of State.

6 If a member of a combined authority is entitled to be paid—

a an allowance under this section, and

b an allowance or other payment by a constituent council,

7 An order under section 104(1)(a) (about the constitutional arrangements of a combined authority) may not prevent or otherwise affect the exercise of the power to pay an allowance under this section; but this section does not otherwise limit the power conferred by section 104(1)(a).

8 In this section—

“relevant remuneration panel” means a panel that is specified, or of a description specified, in an order made by the Secretary of State for the purposes of this section;
“special responsibilities” in relation to a member of combined authority, means any responsibilities which the member has in addition to the general responsibilities of being a member of the combined authority.

11 Mayoral combined authorities and CCAs: overview and scrutiny committees¶

1 Schedule 4 changes the system of overview and scrutiny committees for mayoral CCAs.

2 Schedule 5 changes the system of overview and scrutiny committees for mayoral combined authorities.

12 Mayoral combined authorities and CCAs: precepts¶

1 In section 40 of the Local Government Finance Act 1992 (issue of precepts by major precepting authorities)—

a omit subsection (11)(a);

b in subsection (11)(b), for “that section” substitute “section 107G of the Local Democracy, Economic Development and Construction Act 2009”;

c omit subsection (12)(a);

d in subsection (12)(b), for “that section” substitute “section 41 of the Levelling-up and Regeneration Act 2023”.

2 In section 107G of LDEDCA 2009 (mayors for combined authority areas: financial matters)—

a omit subsection (1);

b in subsection (2), omit “in respect of mayoral functions”;

c in subsection (4)(a), for the words from “consists” to the end of that paragraph substitute “includes a separate component in respect of the mayor’s PCC functions,”;

d in subsection (5)(b), after “functions,” insert “or the other functions of the authority (other than any PCC functions that are exercisable by the mayor), or both”.

3 In section 41 of LURA 2023 (mayors for CCA areas: financial matters)—

a omit subsection (1);

b in subsection (2), omit “in respect of mayoral functions”;

c in subsection (4)(a), for the words from “consists” to the end of that paragraph substitute “includes a separate component in respect of the mayor’s PCC functions,”;

d in subsection (5)(b), after “functions,” insert “or the other functions of the CCA (other than any PCC functions that are exercisable by the mayor), or both”.

13 Power to borrow¶

1 Section 23 of the Local Government Act 2003 (meaning of “local authority” and application of provisions to combined authorities and CCAs) is amended in accordance with subsections (2) to (6).

2 In subsection (5), for “except that section 1 confers power on such a combined authority” substitute

3 In subsection (8), for “The reference in subsection (5)” substitute “A reference in subsection (5) or (9A)”.

4 In subsection (8A), for “except that section 1 confers power on a CCA” substitute

5 In subsection (8C), for “The reference in subsection (8A)” insert “A reference in subsection (8A) or (9A)”.

6 After subsection (9) insert—

9A These are the requirements to obtain consent from the Secretary of State which apply to the exercise of the power conferred by section 1 on a mayoral combined authority or mayoral CCA—

a if the combined authority or CCA had the power to borrow under section 1 before the applicable commencement day, it does not need to obtain consent from the Secretary of State before any exercise of the power to borrow;

b if the combined authority or CCA did not have the power to borrow under section 1 before the applicable commencement day—

i it does not need to obtain consent from the Secretary of State before any exercise of the power to borrow money for a purpose relevant to its transport, police or fire and rescue functions;

ii it must obtain consent from the Secretary of State before the first exercise of the power to borrow money for a purpose relevant to a function other than its transport, police or fire and rescue functions;

iii once it has obtained consent in accordance with sub-paragraph (ii) (in relation to any kind of function), it does not need to obtain any further consent under that sub-paragraph (whether in relation to the same kind, or a different kind, of function).

9B In this section—

“applicable commencement day” means the day on which section 13 of the English Devolution and Community Empowerment Act 2026 comes into force;
“non-mayoral CCA” means a CCA other than a mayoral CCA;
“non-mayoral combined authority” means a combined authority other than a mayoral combined authority;
“transport, police or fire and rescue functions”, in relation to a mayoral combined authority or mayoral CCA, means—
1. transport functions of the combined authority or CCA,
2. functions of a police and crime commissioner exercisable by the mayor for the area of the combined authority or CCA, and
3. functions of a fire and rescue authority exercisable by the mayor for the area of the combined authority or CCA.

7 The coming into force of this section does not affect the validity of—

a any borrowing undertaken by a combined authority or CCA under Part 1 of the Local Government Act 2003 before this section came into force, or

b anything else done by a combined authority or CCA, or any other person, before this section came into force—

i under or for the purposes of Part 1 of the Local Government Act 2003, or

ii in relation to borrowing by a combined authority or CCA under Part 1 of the Local Government Act 2003.

14 Levies¶

1 Section 74 of LGFA 1988 (levies) is amended in accordance with subsections (2) to (9).

2 For subsections (8) and (10) substitute—

8 A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 is to be treated as a levying body for the purposes of this section.

8A A combined authority has (by virtue of this subsection) power to issue to its constituent councils a levy under this section in respect of any chargeable financial year to meet relevant transport costs in relation to that year which are not otherwise met (for example by the issuing of a precept).

8B That power is to be exercised in accordance with regulations made under subsection (2).

8C Regulations under subsection (2) may be made conferring on a combined authority power to issue to its constituent councils and in accordance with the regulations a levy under this section in respect of any chargeable financial year, but only to meet costs that are not relevant transport costs.

3 In subsection (11), for “subsection (8) that include provision within subsection (10)(b)” substitute “subsection (8B) or (8C)”.

4 In subsection (13), for “subsection (8)” substitute “subsection (8B) or (8C)”.

5 In subsection (14)—

a in the words before the definition of “constituent council”, after “(13)” insert “and this subsection”;

b after the definition of “mayoral functions” insert—

6 For subsection (15) substitute—

15 A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 is to be treated as a levying body for the purposes of this section.

15A A combined county authority has (by virtue of this subsection) power to issue to its constituent councils a levy under this section in respect of any chargeable financial year to meet relevant transport costs in relation to that year which are not otherwise met (for example by the issuing of a precept).

15B That power is to be exercised in accordance with regulations made under subsection (2).

15C Regulations under subsection (2) may be made conferring on a combined county authority power to issue to its constituent councils and in accordance with the regulations a levy under this section in respect of any chargeable financial year, but only to meet costs that are not relevant transport costs.

7 In subsection (16), for “subsection (15)” substitute “subsection (15B) or (15C)”.

8 In subsection (17), for “of subsection (15)” substitute “subsection (15B) or (15C)”.

9 In subsection (18)—

a in the words before the definition of “constituent council”, after “(17)” insert “and this subsection”;

b after the definition of “mayoral functions” insert—

10 In consequence of those amendments—

a in section 143 of LGFA 1988 (orders and regulations)—

i in subsection (4B), for “subsection (8)” substitute “subsection (8B) or (8C)”;

ii in subsection (4C), for “subsection (15)” substitute “subsection (15B) or (15C)”;

b in section 106A of LDEDCA 2009 (consent requirements under other powers), in subsection (5)(b), for “subsection (8)” substitute “subsection (8B) or (8C)”.

15 Combined authorities and CCAs: minor amendments¶

1 In section 57 of LURA 2023 (interpretation)—

a after the definition of “economic prosperity board” insert—

;

b after the definition of “non-constituent member” insert—

2 Part 6 of LDEDCA 2009 is amended as follows—

a before the italic heading before section 88 insert—

;

b before the italic heading before section 103 insert—

;

c before the italic heading before section 113A insert—

3 In section 120 of LDEDCA 2009 (interpretation)—

a after the definition of “deputy mayor” insert—

;

b after the definition of “non-constituent member” insert—

The Greater London Authority¶

16 Additional functions of the GLA¶

After section 40 of the GLAA 1999 insert—

Mayors¶

17 Members of legislatures disqualified for being a mayor of a strategic authority¶

1 In Schedule 5B to LDEDCA 2009 (mayors for combined authority areas: further provision about elections), after paragraph 9A insert—

1 A person is disqualified for holding office as the mayor for the area of a combined authority if the person is an elected member of a legislature in the United Kingdom.

2 If a person—

a is elected as the mayor for the area of a combined authority, and

b is, on the first day of the mayoral term, an elected member of a legislature in the United Kingdom,

the person is not disqualified under this paragraph for holding office as the mayor at any time in the period of eight days beginning with the first day of the mayoral term.

3 If a person—

a becomes an elected member of a legislature in the United Kingdom, and

b is, when the person becomes the elected member, the mayor for the area of a combined authority,

the person is not disqualified under this paragraph for holding office as the mayor at any time in the period of eight days beginning with the day on which the person becomes the elected member of the legislature.

4 In this paragraph—

“elected member of a legislature in the United Kingdom” means a member of—
1. the House of Commons;
2. the Scottish Parliament;
3. Senedd Cymru;
4. the Northern Ireland Assembly;
“first day of the mayoral term”, in relation to a person who is elected as the mayor for the area of a combined authority, means the day that would be the first day of the person’s term as the mayor if it is assumed that the person is not disqualified under this paragraph.

2 In Schedule 5C to that Act (mayors for combined authority areas: PCC functions), in paragraph 9 (disqualification)—

a in sub-paragraph (1), for “sections 64 to 68” substitute “sections 64 to 66 and section 68”;

b in sub-paragraph (2), for “and 9A” substitute “, 9A and 9B”.

3 In Schedule 2 to LURA 2023 (mayors for combined county authority areas: further provisions about elections), after paragraph 9 insert—

1 A person is disqualified for holding office as the mayor for the area of a CCA if the person is an elected member of a legislature in the United Kingdom.

2 If a person—

a is elected as the mayor for the area of a CCA, and

b is, on the first day of the mayoral term, an elected member of a legislature in the United Kingdom,

the person is not disqualified under this paragraph for holding office as the mayor at any time in the period of eight days beginning with the first day of the mayoral term.

3 If a person—

a becomes an elected member of a legislature in the United Kingdom, and

b is, when the person becomes the elected member, the mayor for the area of a CCA,

4 In this paragraph—

“elected member of a legislature in the United Kingdom” means a member of—
1. the House of Commons;
2. the Scottish Parliament;
3. Senedd Cymru;
4. the Northern Ireland Assembly;
“first day of the mayoral term”, in relation to a person who is elected as the mayor for the area of a CCA, means the day that would be the first day of the person’s term as the mayor if it is assumed that the person is not disqualified under this paragraph.

4 In Schedule 3 to that Act (mayors for combined county authority areas: PCC functions), in paragraph 10 (disqualification)—

a in sub-paragraph (1), for “sections 64 to 68” substitute “sections 64 to 66 and section 68”;

b in sub-paragraph (2), for “and 9” substitute “, 9 and 9A”.

5 In the GLAA 1999, after section 21A insert—

21B Disqualification from being the Mayor: members of legislatures

1 A person is disqualified from being the Mayor if the person is an elected member of a legislature in the United Kingdom.

2 If a person—

a is elected as the Mayor, and

b is, on the first day of the Mayoral term, an elected member of a legislature in the United Kingdom,

the person is not disqualified under this section from being the Mayor at any time in the period of eight days beginning with the first day of the Mayoral term.

3 If a person—

a becomes an elected member of a legislature in the United Kingdom, and

b is, when the person becomes the elected member, the Mayor,

the person is not disqualified under this section from being the Mayor at any time in the period of eight days beginning with the day on which the person becomes the elected member of the legislature.

4 In this section—

“elected member of a legislature in the United Kingdom” means a member of—
1. the House of Commons;
2. the Scottish Parliament;
3. Senedd Cymru;
4. the Northern Ireland Assembly;
“first day of the Mayoral term”, in relation to a person who is elected as the Mayor, means the day that would be the first day of the person’s term as the Mayor if it is assumed that the person is not disqualified under this section.

18 Functions of mayors of combined authorities or CCAs¶

1 In section 30 of LURA 2023 (functions of mayors: general), after subsection (1) insert—

2 In section 107D of LDEDCA 2009 (functions of mayors: general), after subsection (1) insert—

19 The “general functions” of mayors¶

1 Section 30 of LURA 2023 (functions of mayors: general) is amended in accordance with subsections (2) and (3).

2 In subsection (2), after “exercisable by the mayor” insert “(whether by virtue of regulations under subsection (1) or otherwise)”.

3 In subsection (8), for “by virtue of this Act” substitute “(whether by virtue of this Act or otherwise)”.

4 Section 107D of LDEDCA 2009 (functions of mayors: general) is amended in accordance with subsections (5) and (6).

5 In subsection (2), after “exercisable by the mayor” insert “(whether by virtue of an order under subsection (1) or otherwise)”.

6 In subsection (6), for “by virtue of this Act” substitute “(whether by virtue of this Act or otherwise)”.

Annual report on devolution¶

20 Report under section 1 of the Cities and Local Government Devolution Act 2016¶

For section 1 of the Cities and Local Government Devolution Act 2016 (devolution: annual report) substitute—

1 Devolution: annual report

1 The Secretary of State must lay before each House of Parliament an annual report about devolution for all areas within England pursuant to the provisions of—

a this Act,

b Part 6 of the Local Democracy, Economic Development and Construction Act 2009,

c Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023,

d Parts 1 and 2 of the English Devolution and Community Empowerment Act 2026, and

e any other enactment.

2 The annual report must include information on—

a the areas of the country where strategic authorities have been established,

b the areas of the country where proposals have been received by the Secretary of State for establishment of a strategic authority and negotiations have taken place but agreement has not yet been reached,

c strategic authorities which have moved from one category of strategic authorities to another category,

d additional functions which have been conferred on strategic authorities within each category of strategic authorities or on particular strategic authorities, and

e additional financial resources which have been devolved on strategic authorities within each category of strategic authorities or on particular strategic authorities.

3 The annual report must be laid before each House of Parliament as soon as practicable after 31 March each year.

4 In this section “strategic authority” and “category of strategic authorities” have the same meanings as in the English Devolution and Community Empowerment Act 2026 (see section 101(1) of that Act).

Part 2 Functions of strategic authorities and mayors¶

Mayoral powers of competence¶

21 Extension of general power of competence to strategic authorities¶

Schedule 6 amends the Localism Act 2011 to extend the general power of competence to combined authorities and CCAs and their mayors.

22 Power of mayors to convene meetings with local partners¶

1 After section 17A of LURA 2023 (inserted by section 5 of this Act) insert—

Collaboration

17B Mayoral power to convene meetings with local partners

1 The mayor for the area of a CCA may convene meetings with local partners to consider relevant local matters.

2 In exercising the function of convening meetings, a mayor must have regard to any guidance issued for this purpose by the Secretary of State.

3 If a mayor notifies a local partner that the mayor intends to convene a meeting under this section with that local partner, the local partner must respond to the notification.

4 In responding to a notification given by a mayor, a local partner must have regard to any guidance issued for this purpose by the Secretary of State.

5 In this section—

“local partner” means a person specified, or of a description specified, in regulations made by the Secretary of State;
“relevant local matter”, in relation to the mayor for the area of a CCA, means a matter which relates both to—
1. the area of the CCA, and
2. any aspect of any area of competence set out in section 2 of the English Devolution and Community Empowerment Act 2026.

2 In section 252 of LURA 2023 (regulations)—

a in subsection (5)(a), after “subsection” insert “(8)(aa) or”;

b in subsection (8), before paragraph (a) insert—

3 After section 103A of LDEDCA 2009 (inserted by section 5 of this Act) insert—

103B Mayoral power to convene meetings with local partners

1 The mayor for the area of a combined authority may convene meetings with local partners to consider relevant local matters.

2 In exercising the function of convening meetings, a mayor must have regard to any guidance issued for this purpose by the Secretary of State.

3 If a mayor notifies a local partner that the mayor intends to convene a meeting under this section with that local partner, the local partner must respond to the notification.

4 In responding to a notification given by a mayor, a local partner must have regard to any guidance issued for this purpose by the Secretary of State.

5 In this section—

“local partner” means a person specified, or of a description specified, in regulations made by the Secretary of State;
“relevant local matter”, in relation to the mayor for the area of a combined authority, means a matter which relates both to—
1. the area of the combined authority, and
2. any aspect of any area of competence set out in section 2 of the English Devolution and Community Empowerment Act 2026.

4 In section 117 of LDEDCA 2009 (orders and regulations), in subsection (3)(a), after “order” insert “or regulations”.

5 After section 40A of GLAA 1999 (inserted by section 16 of this Act) insert—

Collaboration

40B Mayor’s power to convene meetings with local partners

1 The Mayor may convene meetings with local partners to consider relevant local matters.

2 In exercising the function of convening meetings, the Mayor must have regard to any guidance issued for this purpose by the Secretary of State.

3 If the Mayor notifies a local partner that the Mayor intends to convene a meeting under this section with that local partner, the local partner must respond to the notification.

4 In responding to a notification given by the Mayor, a local partner must have regard to any guidance issued for this purpose by the Secretary of State.

5 In this section—

“local partner” means a person specified, or of a description specified, in regulations made by the Secretary of State;
“relevant local matter”, in relation to the Mayor of London, means a matter which relates both to—
1. Greater London, and
2. any aspect of any area of competence set out in section 2 of the English Devolution and Community Empowerment Act 2026.

6 In section 420 of GLAA 1999 (regulations and orders), in subsection (7), in the appropriate place, insert “section 40B;”.

23 Duty of mayors to collaborate¶

1 After section 17B of LURA 2023 (inserted by section 22 of this Act) insert—

17C Request to collaborate

1 The mayor for the area of a CCA (“mayor A”) may make a request to another elected mayor (“mayor B”) for the mayors to collaborate in relation to a matter relating to any aspect of any area of competence.

2 A collaboration request must specify—

a the matter on which mayor A wants the mayors to collaborate, and

b the way in which mayor A wants the mayors to collaborate.

3 Mayor A may make a collaboration request only if mayor A considers that the requested collaboration would be likely to improve the economic, social or environmental well-being of—

a some or all of the people who live or work in mayor A’s area, or

b some or all of the people who live or work in mayor A’s area and some or all of the people who live or work in mayor B’s area.

4 Mayor A may make a collaboration request only if mayor A’s area adjoins mayor B’s area.

5 A collaboration request must be in writing.

6 Mayor A must publish, in such manner as the mayor thinks appropriate, any collaboration request which the mayor makes.

7 The mayors for the areas of CCAs must have regard to any guidance issued by the Secretary of State in exercising powers, and complying with duties, under this section.

8 Section 17E makes provision about collaboration requests made by, or to, two or more elected mayors.

9 In this section, section 17D and section 17E—

“area of competence” has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 2 of that Act);
“collaboration request” means a request made under subsection (1);
“elected mayor” means—
1. the mayor for the area of a CCA,
2. the mayor for the area of a combined authority, or
3. the Mayor of London;
“mayor A” has the meaning given in subsection (1);
“mayor A’s area” means the area for which mayor A is the mayor;
“mayor B” has the meaning given in subsection (1);
“mayor B’s area” means the area for which mayor B is the mayor.

17D Responding to a collaboration request

1 In a case where a collaboration request is made to mayor B, the mayor must—

a consider the collaboration request and decide how to respond,

b set out the response in writing,

c give the response to mayor A, and

d publish, in such manner as the mayor thinks appropriate, the response.

2 In considering the collaboration request and deciding how to respond, mayor B must have regard to the economic, social and environmental well-being of some or all of the people who live or work in mayor B’s area.

3 If mayor B decides not to agree to the collaboration request, or any part of it, mayor B must—

a give the reasons for that decision, and

b include the reasons in the response to mayor A.

4 Mayors to whom collaboration requests are made must have regard to any guidance issued by the Secretary of State in exercising the powers, and complying with the duties, under this section.

17E Collaboration requests made by or to several mayors

1 Two or more elected mayors (the “requesting mayors”) may make a collaboration request to a single elected mayor (the “potential collaborating mayor”) if—

a at least one of the requesting mayors is the mayor for the area of a CCA, and

b each requesting mayor’s area meets the neighbour test.

2 For that purpose, a requesting mayor’s area meets the neighbour test if that area—

a adjoins every other requesting mayor’s area, and

b adjoins the potential collaborating mayor’s area.

3 If two or more elected mayors make a collaboration request to a single elected mayor—

a sections 17C and 17D apply in relation to each of the requesting mayors separately, and

b accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor.

4 A single mayor for the area of a CCA (the “requesting mayor”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if each potential collaborating mayor’s area meets the neighbour test.

5 For that purpose, a potential collaborating mayor’s area meets the neighbour test if that area adjoins the requesting mayor’s area.

6 If a single mayor for the area of a CCA makes a collaboration request to two or more elected mayors—

a sections 17C and 17D apply in relation to each of the potential collaborating mayors separately, and

b accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.

7 Two or more elected mayors (the “requesting mayors”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if—

a at least one of the requesting mayors is the mayor for the area of a CCA,

b each requesting mayor’s area meets the neighbour test, and

c each potential collaborating mayor’s area meets the neighbour test.

8 For the purposes of subsection (7), a requesting mayor’s area meets the neighbour test if that area—

a adjoins every other requesting mayor’s area, and

b adjoins every potential collaborating mayor’s area.

9 For the purposes of subsection (7), a potential collaborating mayor’s area meets the neighbour test if that area adjoins every requesting mayor’s area.

10 If two or more elected mayors make a collaboration request to two or more elected mayors—

a sections 17C and 17D apply in relation to each of the requesting mayors separately, and

b accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor;

c sections 17C and 17D apply in relation to each of the potential collaborating mayors separately, and

d accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.

11 In this section—

“potential collaborating mayor’s area” means the area for which a potential collaborating mayor is the mayor;
“requesting mayor’s area” means the area for which a requesting mayor is the mayor.

2 After section 103B of LDEDCA 2009 (inserted by section 22 of this Act) insert—

103C Request to collaborate

1 The mayor for the area of a combined authority (“mayor A”) may make a request to another elected mayor (“mayor B”) for the mayors to collaborate in relation to a matter relating to any aspect of any area of competence.

2 A collaboration request must specify—

a the matter on which mayor A wants the mayors to collaborate, and

b the way in which mayor A wants the mayors to collaborate.

3 Mayor A may make a collaboration request only if mayor A considers that the requested collaboration would be likely to improve the economic, social or environmental well-being of—

a some or all of the people who live or work in mayor A’s area, or

b some or all of the people who live or work in mayor A’s area and some or all of the people who live or work in mayor B’s area.

4 Mayor A may make a collaboration request only if mayor A’s area adjoins mayor B’s area.

5 A collaboration request must be in writing.

6 Mayor A must publish, in such manner as the mayor thinks appropriate, any collaboration request which the mayor makes.

7 The mayors for the areas of combined authorities must have regard to any guidance issued by the Secretary of State in exercising powers, and complying with duties, under this section.

8 Section 103E makes provision about collaboration requests made by, or to, two or more elected mayors.

9 In this section, section 103D and section 103E—

“area of competence” has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 2 of that Act);
“collaboration request” means a request made under subsection (1);
“elected mayor” means—
1. the mayor for the area of a combined authority,
2. the mayor for the area of a combined county authority, or
3. the Mayor of London;
“mayor A” has the meaning given in subsection (1);
“mayor A’s area” means the area for which mayor A is the mayor;
“mayor B” has the meaning given in subsection (1);
“mayor B’s area” means the area for which mayor B is the mayor.

103D Responding to a collaboration request

1 In a case where a collaboration request is made to mayor B, the mayor must—

a consider the collaboration request and decide how to respond,

b set out the response in writing,

c give the response to mayor A, and

d publish, in such manner as the mayor thinks appropriate, the response.

3 If mayor B decides not to agree to the collaboration request, or any part of it, mayor B must—

a give the reasons for that decision, and

b include the reasons in the response to mayor A.

4 Mayors to whom collaboration requests are made must have regard to any guidance issued by the Secretary of State in exercising the powers, and complying with the duties, under this section.

103E Collaboration requests made by or to several mayors

1 Two or more elected mayors (the “requesting mayors”) may make a collaboration request to a single elected mayor (the “potential collaborating mayor”) if—

a at least one of the requesting mayors is the mayor for the area of a combined authority, and

b each requesting mayor’s area meets the neighbour test.

2 For that purpose, a requesting mayor’s area meets the neighbour test if that area—

a adjoins every other requesting mayor’s area, and

b adjoins the potential collaborating mayor’s area.

3 If two or more elected mayors make a collaboration request to a single elected mayor—

a sections 103C and 103D apply in relation to each of the requesting mayors separately, and

b accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor.

4 A single mayor for the area of a combined authority (the “requesting mayor”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if each potential collaborating mayor’s area meets the neighbour test.

5 For that purpose, a potential collaborating mayor’s area meets the neighbour test if that area adjoins the requesting mayor’s area.

6 If a single mayor for the area of a combined authority makes a collaboration request to two or more elected mayors—

a sections 103C and 103D apply in relation to each of the potential collaborating mayors separately, and

b accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.

7 Two or more elected mayors (the “requesting mayors”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if—

a at least one of the requesting mayors is the mayor for the area of a combined authority,

b each requesting mayor’s area meets the neighbour test, and

c each potential collaborating mayor’s area meets the neighbour test.

8 For the purposes of subsection (7), a requesting mayor’s area meets the neighbour test if that area—

a adjoins every other requesting mayor’s area, and

b adjoins every potential collaborating mayor’s area.

9 For the purposes of subsection (7), a potential collaborating mayor’s area meets the neighbour test if that area adjoins every requesting mayor’s area.

10 If two or more elected mayors make a collaboration request to two or more elected mayors—

a sections 103C and 103D apply in relation to each of the requesting mayors separately, and

b accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor;

c sections 103C and 103D apply in relation to each of the potential collaborating mayors separately, and

d accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.

11 In this section—

“potential collaborating mayor’s area” means the area for which a potential collaborating mayor is the mayor;
“requesting mayor’s area” means the area for which a requesting mayor is the mayor.

3 After section 40B of GLAA 1999 (inserted by section 22 of this Act) insert—

40C Request to collaborate

1 The Mayor of London (“mayor A”) may make a request to another elected mayor (“mayor B”) for the mayors to collaborate in relation to a matter relating to any aspect of any area of competence.

2 A collaboration request must specify—

a the matter on which mayor A wants the mayors to collaborate, and

b the way in which mayor A wants the mayors to collaborate.

3 Mayor A may make a collaboration request only if mayor A considers that the requested collaboration would be likely to improve the economic, social or environmental well-being of—

a some or all of the people who live or work in Greater London, or

b some or all of the people who live or work in Greater London and some or all of the people who live or work in mayor B’s area.

4 Mayor A may make a collaboration request only if Greater London adjoins mayor B’s area.

5 A collaboration request must be in writing.

6 Mayor A must publish, in such manner as the mayor thinks appropriate, any collaboration request which the mayor makes.

7 The Mayor of London must have regard to any guidance issued by the Secretary of State in exercising powers, and complying with duties, under this section.

8 Section 40E makes provision about collaboration requests made by, or to, two or more elected mayors.

9 In this section, section 40D and section 40E—

“area of competence” has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 2 of that Act);
“collaboration request” means a request made under subsection (1);
“elected mayor” means—
1. the Mayor of London,
2. the mayor for the area of a combined authority, or
3. the mayor for the area of a combined county authority;
“mayor A” has the meaning given in subsection (1);
“mayor B” has the meaning given in subsection (1);
“mayor B’s area” means the area for which mayor B is the mayor.

40D Responding to a collaboration request

1 In a case where a collaboration request is made to mayor B, the mayor must—

a consider the collaboration request and decide how to respond,

b set out the response in writing,

c give the response to mayor A, and

d publish, in such manner as the mayor thinks appropriate, the response.

3 If mayor B decides not to agree to the collaboration request, or any part of it, mayor B must—

a give the reasons for that decision, and

b include the reasons in the response to mayor A.

4 Mayors to whom collaboration requests are made must have regard to any guidance issued by the Secretary of State in exercising the powers, and complying with the duties, under this section.

40E Collaboration requests made by or to several mayors

1 Two or more elected mayors (the “requesting mayors”) may make a collaboration request to a single elected mayor (the “potential collaborating mayor”) if—

a at least one of the requesting mayors is the Mayor of London, and

b each requesting mayor’s area meets the neighbour test.

2 For that purpose, a requesting mayor’s area meets the neighbour test if that area—

a adjoins every other requesting mayor’s area, and

b adjoins the potential collaborating mayor’s area.

3 If two or more elected mayors make a collaboration request to a single elected mayor—

a sections 40C and 40D apply in relation to each of the requesting mayors separately, and

b accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor.

4 The Mayor of London (the “requesting mayor”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if each potential collaborating mayor’s area meets the neighbour test.

5 For that purpose, a potential collaborating mayor’s area meets the neighbour test if that area adjoins Greater London.

6 If the Mayor of London makes a collaboration request to two or more elected mayors—

a sections 40C and 40D apply in relation to each of the potential collaborating mayors separately, and

b accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.

7 Two or more elected mayors (the “requesting mayors”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if—

a at least one of the requesting mayors is the Mayor of London,

b each requesting mayor’s area meets the neighbour test, and

c each potential collaborating mayor’s area meets the neighbour test.

8 For the purposes of subsection (7), a requesting mayor’s area meets the neighbour test if that area—

a adjoins every other requesting mayor’s area, and

b adjoins every potential collaborating mayor’s area.

9 For the purposes of subsection (7), a potential collaborating mayor’s area meets the neighbour test if that area adjoins every requesting mayor’s area.

10 If two or more elected mayors make a collaboration request to two or more elected mayors—

a sections 40C and 40D apply in relation to each of the requesting mayors separately, and

b accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor;

c sections 40C and 40D apply in relation to each of the potential collaborating mayors separately, and

d accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.

11 In this section—

“potential collaborating mayor’s area” means the area for which a potential collaborating mayor is the mayor;
“requesting mayor’s area” means the area for which a requesting mayor is the mayor.

Transport and local infrastructure¶

24 Regulation of provision of micromobility vehicles¶

Schedule 7 confers on strategic authorities, and local authorities where there is no strategic authority, powers to regulate the provision of micromobility vehicles.

25 Arrangements to carry out works on highways¶

Schedule 8 makes provision about arrangements made by combined authorities and CCAs to carry out works on highways.

26 Charges payable by undertakers executing works in maintainable highways¶

Schedule 9 makes provision about charges payable by undertakers executing works in maintainable highways.

27 Civil enforcement of traffic contraventions¶

Schedule 10 confers on combined authorities and CCAs functions in relation to civil enforcement of traffic contraventions.

28 Restrictions on disposal of land by Transport for London¶

1 The GLAA 1999 is amended as follows.

2 In section 163(1), in the words after paragraph (b), for “Secretary of State” substitute “appropriate person”.

3 In section 163(2), for “Secretary of State” substitute “appropriate person”.

4 After section 163(4), insert—

5 For section 163(5) substitute—

6 In section 163(7), for “Secretary of State”, substitute “appropriate person”.

7 In section 163(8), before “operational land” insert—

“appropriate person” means—
1. in relation to consent under subsection (1)—
  1. the Mayor of London, in a case where the consent relates to land which is entirely within Greater London and is not Crown land;
  2. the Secretary of State, in case where the consent relates to any other land;
2. in relation to consent under subsection (2)—
  1. the Mayor of London, in a case where all the operational land vested in the subsidiary company is entirely within Greater London and is not Crown land;
  2. the Secretary of State, in any other case;
“Crown land” means land in which the Crown has any estate or interest, or over which the Crown has any right;
“land used by Network Rail” means—
1. land that is used wholly or partly for the provision of network services by Network Rail; and
2. land that is used by Network Rail wholly or partly for a purpose ancillary or incidental to use of land that falls within paragraph (a);
“Network Rail” means Network Rail Limited or any subsidiary of Network Rail Limited;
“network services” has the same meaning as in Part 1 of the Railways Act 1993 (see section 82 of that Act);

8 In section 164(a), after “Secretary of State” insert “or Mayor”.

9 In section 420, after subsection (5), insert—

29 Key route network roads¶

Schedule 11 makes provision about key route network roads (including road traffic reduction).

30 Constituent councils to act in accordance with local transport plans etc¶

For section 113 of the Transport Act 2000 substitute—

113 Role of councils in relation to policies etc of ITAs, combined authorities & CCAs

1 A metropolitan district council that is within the area of an Integrated Transport Authority (the “ITA”)—

a must carry out its functions so as to implement the policies developed by the ITA in accordance with section 108(1)(b);

b must, in carrying out its functions in accordance with paragraph (a)—

i comply with the duties set out in section 108(2ZB), and

ii have regard to the proposals contained in the applicable local transport plan;

c must—

i cause a copy of the applicable local transport plan to be made available for inspection (at all reasonable hours) at such places as it thinks fit,

ii give notice, by such means as it thinks expedient for bringing the applicable local transport plan to the attention of the public, as to the places at which a copy of it may be inspected, and

iii supply a copy of the applicable local transport plan (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

2 A constituent council of a combined authority or a combined county authority—

a must carry out its functions so as to implement the policies developed by the combined authority or combined county authority in accordance with section 108(1)(b);

b must, in carrying out its functions in accordance with paragraph (a)—

i comply with the duties set out in section 108(2ZB), and

ii have regard to the proposals contained in the applicable local transport plan;

c must—

i cause a copy of the applicable local transport plan to be made available for inspection (at all reasonable hours) at such places as it thinks fit,

ii give notice, by such means as it thinks expedient for bringing the applicable local transport plan to the attention of the public, as to the places at which a copy of it may be inspected, and

iii supply a copy of the applicable local transport plan (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

3 In this section—

“applicable local transport plan”—
1. in relation to a metropolitan district council that is within the area of an Integrated Transport Authority, means the local transport plan of the ITA;
2. in relation to a constituent council of a combined authority or combined county authority, means the local transport plan of that authority;
“constituent council”—
1. in relation to a combined authority, means—
  1. a county council the whole or any part of whose area is within the area of the authority, or
  2. a district council whose area is within the area of the authority;
2. in relation to a combined county authority, means—
  1. a county council for an area within the area of the authority, or
  2. a unitary district council for an area within the area of the authority;
  and here “unitary district council” means a district council whose area does not form part of the area of a county council.

4 In any enactment, a reference—

a to section 108(1)(b) includes subsection (2)(a) of this section;

b to section 108(2ZA) includes subsection (2)(b)(i) of this section;

c to section 108(3B) includes subsection (2)(b)(ii) of this section;

d to section 109(4) includes subsection (2)(c) of this section.

31 Local transport authorities and other transport functions¶

Schedule 12 confers on combined authorities and CCAs functions as local transport authorities and makes provision about other functions relating to transport.

Skills and employment support¶

32 Education¶

Schedule 13 confers on strategic authorities functions relating to education.

Housing and strategic planning¶

33 Planning applications of potential strategic importance¶

Schedule 14 confers on mayors of combined authorities and CCAs functions in relation to planning applications of potential strategic importance.

34 Development orders¶

1 Schedule 15 confers on mayors of combined authorities and CCAs functions in relation to development orders.

2 Schedule 16 contains amendments relating to section 33 and this section.

35 Power to charge community infrastructure levy¶

Schedule 17 confers on mayors of combined authorities and CCAs powers to charge community infrastructure levy.

36 Acquisition and development of land¶

Schedule 18 confers on strategic authorities functions relating to the acquisition and development of land.

37 Housing accommodation¶

Schedule 19 confers on combined authorities and CCAs functions relating to housing accommodation.

38 Mayoral development corporations¶

Schedule 20 provides for mayoral development corporations to be established within the areas of mayoral combined authorities and mayoral CCAs.

39 Prioritisation of development of brownfield land¶

In section 12G of the Planning and Compulsory Purchase Act 2004 (preparation of draft spatial development strategy), after subsection (2) insert—

Economic development and regeneration¶

40 Assessment of economic conditions¶

Schedule 21 confers on combined authorities and CCAs functions in relation to the assessment of economic conditions.

41 Local growth plans¶

Schedule 22 confers on mayoral strategic authorities functions in relation to local growth plans.

42 Local Government Act 2003: expenditure grant¶

1 Chapter 1 of Part 3 of the Local Government Act 2003 (expenditure grant) is amended in accordance with this section.

2 In the heading of section 31 (power to pay grant), after “power” insert “of Ministers”.

3 After section 32 insert—

32A Power of strategic authorities to pay grant

1 A combined authority or CCA may pay to a constituent council a grant towards expenditure incurred or to be incurred by it.

2 The amount of a grant under this section and the manner of its payment are to be such as the person paying it may determine.

3 A grant under this section may be paid on such conditions as the person paying it may determine.

4 Conditions under subsection (3) may, in particular, include—

a provision as to the use of the grant;

b provision as to circumstances in which the whole or part of the grant must be repaid.

5 Subsection (6) applies where, in exercising a function under this section, a combined authority or CCA determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions.

6 In determining that amount, the combined authority or CCA must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those highway functions.

7 To comply with subsection (6), the combined authority or CCA must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions.

8 The functions conferred by this section on a mayoral combined authority or mayoral CCA are functions of the authority or CCA exercisable only by the mayor on behalf of the authority or CCA.

9 In this section—

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“constituent council” means—
1. in relation to a combined authority—
  1. a county council the whole or any part of whose area is within the area of the authority, or
  2. a district council whose area is within the area of the authority;
2. in relation to a combined county authority—
  1. a county council for an area within the area of the authority, or
  2. a unitary district council for an area within the area of the authority;
“highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority;
“mayoral CCA” has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 (see section 27(8) of that Act);
“mayoral combined authority” has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 107A(8) of that Act).

43 Co-operation with local government pension scheme managers¶

1 After section 107ZB of LDEDCA 2009 (inserted by section 45(1) of this Act), insert—

Combined authorities: co-operation with local government pension scheme managers

107ZC Co-operation with local government pension scheme managers

1 This section applies where a scheme manager is responsible for managing and administering part of a scheme for local government workers in England and Wales in relation to a current employee of a constituent council of a combined authority in connection with that employment.

2 The combined authority must co-operate with the scheme manager to identify and develop investment opportunities appropriate to the pension fund that the scheme manager maintains for its part of the scheme.

3 Where the scheme manager participates in an asset pool company, the combined authority may fulfil its duty to co-operate with the scheme manager under subsection (2) by co-operating with—

a the scheme manager,

b the asset pool company, or

c both the scheme manager and the asset pool company.

4 A scheme manager participates in an asset pool company by—

a being a shareholder of the company,

b being a shareholder in another company which is the only shareholder of the company, or

c contracting with the company for it to manage the funds and other assets for which the scheme manager is responsible.

5 In this section—

“asset pool company” has the meaning given by section 1(9) of the Pension Schemes Act 2026;
“local government worker” has the meaning given by section 37 of the Public Service Pensions Act 2013;
“scheme” has the meaning given by section 37 of the Public Service Pensions Act 2013;
“scheme manager”, in relation to a scheme for local government workers, means a person who is a scheme manager by virtue of section 4(5) of the Public Service Pensions Act 2013 (being a person responsible for the local administration of pensions and other benefits payable under the scheme who maintains a pension fund for the purposes of providing pensions and other benefits under its part of the scheme).

2 After section 24A of LURA 2023 (inserted by section 45(2) of this Act), insert—

24B Co-operation with local government pension scheme managers

1 This section applies where a scheme manager is responsible for managing and administering part of a scheme for local government workers in England and Wales in relation to a current employee of—

a a constituent council of a CCA, or

b a district council which is not a constituent council where any part of the area of the council falls within the area of a CCA,

in connection with that employment.

2 The CCA must cooperate with the scheme manager to identify and develop investment opportunities appropriate to the pension fund that the scheme manager maintains for its part of the scheme.

3 Where the scheme manager participates in an asset pool company, the CCA may fulfil its duty to co-operate with the scheme manager under subsection (2) by co-operating with—

a the scheme manager,

b the asset pool company, or

c both the scheme manager and the asset pool company.

4 A scheme manager participates in an asset pool company by—

a being a shareholder of the company,

b being a shareholder in another company which is the only shareholder of the company, or

c contracting with the company for it to manage the funds and other assets for which the scheme manager is responsible.

5 In this section—

“asset pool company” has the meaning given by section 1(9) of the Pension Schemes Act 2026;
“local government worker” has the meaning given by section 37 of the Public Service Pensions Act 2013;
“scheme” has the meaning given by section 37 of the Public Service Pensions Act 2013;
“scheme manager”, in relation to a scheme for local government workers, means a person who is a scheme manager by virtue of section 4(5) of the Public Service Pensions Act 2013 (being a person responsible for the local administration of pensions and other benefits payable under the scheme who maintains a pension fund for the purposes of providing pensions and other benefits under its part of the scheme).

3 After section 403 of the GLAA 1999, insert—

403ZA Co-operation with local government pension scheme managers

1 The Authority must co-operate with a scheme manager for a scheme for local government workers in England and Wales who falls within subsection (2) to identify and develop investment opportunities appropriate to the pension fund that the scheme manager maintains for its part of the scheme.

2 A scheme manager falls within this subsection if the scheme manager is—

a the London Pensions Fund Authority, or

b a London borough.

3 Where the scheme manager participates in an asset pool company, the Authority may fulfil its duty to co-operate with the scheme manager under subsection (1) by co-operating with—

a the scheme manager,

b the asset pool company, or

c both the scheme manager and the asset pool company.

4 A scheme manager participates in an asset pool company by—

a being a shareholder of the company,

b being a shareholder in another company which is the only shareholder of the company, or

c contracting with the company for it to manage the funds and other assets for which the scheme manager is responsible.

5 In this section—

“asset pool company” has the meaning given by section 1(9) of the Pension Schemes Act 2026;
“local government worker” has the meaning given by section 37 of the Public Service Pensions Act 2013;
“scheme” has the meaning given by section 37 of the Public Service Pensions Act 2013;
“scheme manager”, in relation to a scheme for local government workers, means a person who is a scheme manager by virtue of section 4(5) of the Public Service Pensions Act 2013 (being a person responsible for the local administration of pensions and other benefits payable under the scheme who maintains a pension fund for the purposes of providing pensions and other benefits under its part of the scheme).

44 Miscellaneous local authority functions¶

Schedule 23 confers on combined authorities and CCAs and the GLA miscellaneous functions exercisable by local authorities.

Health, well-being & public service reform¶

45 Health improvement and health inequalities duty¶

1 After section 107ZA of LDEDCA 2009 insert—

Combined authorities: health

107ZB Health improvement and health inequalities duty

1 When considering whether or how to exercise any of its functions, a combined authority must have regard to the need to—

a improve the health of persons in the combined authority’s area, and

b reduce health inequalities between persons living in the combined authority’s area.

2 When considering whether or how to exercise any function, the mayor for the area of a combined authority must have regard to the considerations set out in subsection (1).

3 Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, an area.

4 “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants.

5 “General health determinants” are—

a standards of housing, transport services or public safety,

b environmental factors, including air quality and access to green space and bodies of water,

c employment prospects, earning capacity and any other matters that affect levels of prosperity,

d the degree of ease or difficulty with which persons have access to public services,

e the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health,

and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.

6 In subsection (1)(a), the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of a combined authority’s function.

7 In subsection (1)(b), the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of a combined authority’s function.

2 After section 24 of LURA 2023 insert—

24A Health improvement and health inequalities duty

1 When considering whether or how to exercise any of its functions, a CCA must have regard to the need to—

a improve the health of persons in the CCA’s area, and

b reduce health inequalities between persons living in the CCA’s area.

2 When considering whether or how to exercise any function, the mayor for the area of a CCA must have regard to the considerations set out in subsection (1).

3 Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, an area.

4 “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants.

5 “General health determinants” are—

a standards of housing, transport services or public safety,

b environmental factors, including air quality and access to green space and bodies of water,

c employment prospects, earning capacity and any other matters that affect levels of prosperity,

d the degree of ease or difficulty with which persons have access to public services,

e the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health,

and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.

6 In subsection (1)(a) above, the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of a CCA’s function.

7 In subsection (1)(b) above, the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of a CCA’s function.

3 In section 309(F)(5) of GLAA 1999 (health inequalities between persons living in Greater London) after paragraph (a), insert—

Public safety¶

46 Functions of police and crime commissioners¶

1 In section 107F of LDEDCA 2009 (functions of mayors: policing)—

a after subsection (1) insert—

;

b in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”;

c in subsection (3), for “subsection (1)” substitute “this section”;

d after subsection (4) insert—

;

e in subsection (8)(b), after “Schedule 5C” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.

2 After section 107F of LDEDCA 2009 insert—

107FA The “eligibility” and “transfer” conditions

1 This section sets out the “eligibility condition” and “transfer condition” referred to in section 107F(1A).

2 A combined authority meets the eligibility condition in case A or case B.

3 Case A: the authority’s area is the same as a single English police area. In this case, the authority meets the eligibility condition in relation to the single police area.

4 Case B: the authority’s area is the same as two or more English police areas (when those areas are taken together). In this case, the authority meets the eligibility condition in relation to each of those police areas.

5 A combined authority meets the transfer condition in relation to an English police area if—

a the Secretary of State has, by order, specified the time at which the mayor for the area of the authority is to begin exercising functions of a police and crime commissioner (the “transfer time”), and

b the transfer time has passed.

6 If a combined authority meets the eligibility condition in relation to two or more English police areas, the Secretary of State may only exercise the power conferred by subsection (5)(a) so as to specify the same transfer time in relation to all of those police areas.

7 In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England.

3 In section 107G of LDEDCA 2009 (mayors for combined authorities: financial matters), after subsection (4) insert—

4 In section 33 of LURA 2023 (functions of mayors: policing)—

a after subsection (1) insert—

;

b in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”;

c in subsection (3), for “subsection (1)” substitute “this section”;

d after subsection (4) insert—

;

e in subsection (8)(b), after “Schedule 3” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.

5 After section 33 of LURA 2023 insert—

33A The “eligibility” and “transfer” conditions

1 This section sets out the “eligibility condition” and “transfer condition” referred to in section 33(1A).

2 A CCA meets the eligibility condition in case A or case B.

3 Case A: the CCA’s area is the same as a single English police area. In this case, the CCA meets the eligibility condition in relation to the single police area.

4 Case B: the CCA’s area is the same as two or more English police areas (when those areas are taken together). In this case, the CCA meets the eligibility condition in relation to each of those police areas.

5 A CCA meets the transfer condition in relation to an English police area if—

a the Secretary of State has, by order, specified the time at which the mayor for the area of the CCA is to begin exercising functions of a police and crime commissioner (the “transfer time”), and

b the transfer time has passed.

6 If a CCA meets the eligibility condition in relation to two or more English police areas, the Secretary of State may only exercise the power conferred by subsection (5)(a) so as to specify the same transfer time in relation to all of those police areas.

7 In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England.

6 In section 41 of LURA 2023 (mayors for CCA areas: financial matters), after subsection (4) insert—

7 After paragraph 21(a) of Schedule 1 to the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), insert—

8 After—

a paragraph 21(a) of Schedule 5 to the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112),

b paragraph 21(a) of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), and

c paragraph 21(a) of Schedule 1 to the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414),

insert—

47 PCCs and police areas¶

1 In section 1 of PRSRA 2011 (police and crime commissioners), for subsection (9A) substitute—

2 After section 76 of PRSRA 2011 insert—

3 After Schedule 10 to PRSRA 2011, insert Schedule 10A set out in Schedule 24 to this Act.

4 In the Police Act 1996—

a in section 32 (power to alter police areas by order), in subsection (3)—

i in the words before paragraph (a), omit “either”;

ii in paragraph (b), after “effectiveness” insert

, or

c the order is made in connection with the functions of a police and crime commissioner becoming exercisable by the mayor for the area of a mayoral strategic authority.

3A For that purpose, an order “is made in connection with the functions of a police and crime commissioner becoming exercisable by the mayor for the area of a mayoral strategic authority” if—

a the police areas that are altered by the order are all in England, and

b the Secretary of State’s purpose in making the order is to—

i cause a mayoral strategic authority to meet the eligibility condition in relation to an altered police area, and

ii enable the Secretary of State to specify a transfer time in relation to that mayoral strategic authority and altered police area that will result in the mayor for the area of the mayoral strategic authority exercising functions of a police and crime commissioner in relation to that area.

;

b in section 32, after subsection (4) insert—

4A In this section—

“eligibility condition” has the same meaning as in—
1. section 107FA of the Local Democracy, Economic Development and Construction Act 2009, or
2. section 33A of the Levelling-up and Regeneration Act 2023;
“mayoral strategic authority” means—
1. a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act), or
2. a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act);
“transfer time” has the same meaning as in—
1. section 107FA of the Local Democracy, Economic Development and Construction Act 2009, or
2. section 33A of the Levelling-up and Regeneration Act 2023.

;

c in section 34 (orders altering police areas: supplementary provision), in subsection (5), after “subsection (3)(a)” insert “or (3)(c)”.

48 Functions of fire and rescue authorities¶

1 Section 1 of FRSA 2004 (fire and rescue authorities) is amended in accordance with subsections (2) and (3).

2 In subsection (2), after paragraph (e) insert—

3 After subsection (2) insert—

4 After section 1 of FRSA 2004 insert—

1A Designation of mayoral combined authorities and mayoral CCAs

1 The Secretary of State may by order designate a mayoral combined authority or mayoral CCA as the fire and rescue authority for the whole of its area.

2 The Secretary of State may—

a by order specify a part of the area of a mayoral combined authority or mayoral CCA, and

b by order designate the mayoral combined authority or mayoral CCA as the fire and rescue authority for the specified part of its area.

3 But, if the Secretary of State exercises the powers conferred by subsection (2) in relation to a particular mayoral combined authority or mayoral CCA (the “relevant mayoral authority”), the Secretary of State must ensure that those powers are exercised so as to secure that—

a two or more parts are specified under subsection (2)(a) which, when taken together, consist of the whole of the area of the relevant mayoral authority;

b the relevant mayoral authority is designated as the fire and rescue authority for each specified part;

c all of those designations come into effect at the same time.

4 Accordingly, where the powers conferred by subsection (2) are exercised in relation to the relevant mayoral authority—

a there are separate fire and rescue authorities for each area specified under subsection (2)(a);

b the fire and rescue authority for each of those areas is the relevant mayoral authority.

5 The Secretary of State may by order provide for the name by which an area specified under subsection (2)(a) is to be known.

6 An order under subsection (1) or (2)(a) or (b) may make consequential alterations to any other—

a section 1A(2) area,

b section 2 combined area, or

c section 4 combined area.

7 The alterations that may be made by virtue of subsection (6) include alterations that result in a reduction or an increase in the number of such areas.

8 An order under subsection (1) or (2)(a) or (b) may make provision for the abolition of—

a a metropolitan county fire and rescue authority,

b a combined fire and rescue authority constituted by a scheme under section 2, or

c a combined fire and rescue authority constituted by a scheme to which section 4 applies.

9 The provision that may be made by regulations under section 56 of the English Devolution and Community Empowerment Act 2026 (incidental etc provision) for the purposes of, or in consequence of, an order under subsection (1) or (2)(a) or (b) relating to a particular mayoral combined authority or mayoral CCA and particular area includes—

a provision for functions of a fire rescue authority to be exercisable in relation to the area by the mayoral combined authority or mayoral CCA during a shadow period (and not by any fire and rescue authority by which those functions would otherwise be exercisable);

b provision for those functions to be exercisable only by the mayor on behalf of the mayoral combined authority or mayoral CCA;

c provision about who is to scrutinise the exercise of those functions;

d any other incidental, consequential, transitional, transitory or supplementary provision.

10 In this section—

“section 1A(2) area” means an area specified in an order under subsection (2)(a) (including such an area as varied from time to time);
“section 2 combined area” means an area for which a combined fire and rescue authority is, or used to be, constituted by a scheme under section 2 (including such an area as varied from time to time);
“section 4 combined area” means the area for which a combined fire and rescue authority is, used to be, constituted by a scheme to which section 4 applies (including such an area as varied from time to time);
“shadow period”, in relation to provision made in accordance with subsection (9)(a) in relation to a particular area, means a period which—
1. ends when the designation of the mayoral combined authority or mayoral CCA as the fire and rescue authority for the area takes effect, and
2. is no longer than one year.

5 In section 5M of FRSA 2004 (interpretation), after the definition of “City of London police area” insert—

6 Schedule 25 contains further provision about fire and rescue services.

49 Mayor with PCC and fire and rescue functions¶

1 In section 107EA of LDEDCA 2009 (exercise of fire and rescue functions)—

a for subsection (1) substitute—

;

b in subsection (5), after “107D(1)” insert “, or in section 1(2B) of the Fire and Rescue Services Act 2004,”.

2 In section 34 of LURA 2023 (exercise of fire and rescue functions)—

a for subsection (1) substitute—

;

b in subsection (5), after “30(1)” insert “, or in section 1(2B) of the Fire and Rescue Services Act 2004,”.

50 Sharing of information¶

In section 115 of the Crime and Disorder Act 1998 (disclosure of information), in subsection (2), after paragraph (c) insert—

51 Licensing functions of the GLA and the Mayor of London¶

Schedule 26 amends the Licensing Act 2003 to confer licensing functions on the GLA and the Mayor of London.

Culture¶

52 Encouragement of visitors and promotion of visitors¶

1 LGA 1972 is amended in accordance with this section.

2 In section 144 (power to encourage visitors and provide conference and other facilities), in subsections (1) and (2), after “local authority” insert “, combined authority or combined county authority”.

3 In section 145 (provision of entertainments)—

a in subsection (1), in the words before paragraph (a), after “local authority” insert “, combined authority or combined county authority”;

b in subsection (2), in the words before paragraph (a), after “local authority” insert “, combined authority or combined county authority”.

Requests by mayors of established mayoral strategic authorities¶

53 Requests by mayors of EMSAs for changes¶

1 One or more mayors for EMSAs may notify the Secretary of State of—

a any change to the law relating to strategic authorities,

b any change to the funding of strategic authorities, or

c any other change relating to strategic authorities,

which the mayor or mayors believe would secure, or contribute to securing, the effective exercise of functions in relation to any aspect of any area of competence.

2 In exercising the function of giving notifications under this section, a mayor must have regard to any guidance issued for this purpose by the Secretary of State.

3 If a notification under this section is given, the Secretary of State must, within the period of six months beginning with the day on which the notification is given—

a decide how to respond, and

b notify the mayor or mayors that gave the notification of—

i the decision, and

ii the reasons for making the decision.

Regulations relating to functions of strategic authorities and mayors¶

54 Powers to make regulations in relation to functions of strategic authorities and mayors¶

Schedule 27 confers on the Secretary of State powers in relation to the functions of strategic authorities and mayors (including powers to use pilot schemes).

55 Health service functions: application of existing limitations on devolution¶

1 Section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) is amended in accordance with this section.

2 In subsection (1)—

a for the words before paragraph (a) substitute—

;

b in paragraph (c)—

i for “or a combined county authority” substitute “a combined county authority or a category of strategic authorities”;

ii after “that authority” insert “or those authorities”.

3 In subsection (2), in the words after paragraph (h), for the words from “transferable” to the end substitute “transferable by a devolution of functions SI.”

4 In subsection (7), in the words before paragraph (a), for “2022” substitute “2023”.

5 After subsection (7) insert—

6 In subsection (8), for the words from “transferred” to the end substitute “transferred to it by a devolution of functions SI.”

7 For subsection (9) substitute—

9 In this section—

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
“the 2023 Act” means the Levelling-up and Regeneration Act 2023;
“the 2026 Act” means the English Devolution and Community Empowerment Act 2026;
“category of strategic authority” has the same meaning as in the 2026 Act (see section 101(1) of that Act);
“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“devolution of functions SI” means any of the following—
1. regulations under section 16 of this Act;
2. an order under section 105A of the 2009 Act (conferral of functions of public authority on combined authority);
3. regulations under section 19(1) of the 2023 Act (conferral of functions of public authority on combined county authority);
4. regulations under Part 1 or 6 of Schedule 27 to the 2026 Act (conferral of functions of public authority on category of strategic authority);
“the health service” has the meaning given by section 275(1) of the NHSA 2006.

Supplementary provision relating to extension of functions¶

56 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—

a the conferral of a function on a relevant authority, or

b the modification of a function of a relevant authority,

by relevant legislation.

2 Regulations under this section 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).

3 Regulations under this section may (in particular) amend any Act of Parliament (whenever passed), including by amending this Act.

4 Regulations under this section which contain provision amending an Act of Parliament are subject to affirmative resolution procedure.

5 Any other regulations under this section are subject to negative resolution procedure.

6 In this section—

“relevant authority” means—
1. a strategic authority;
2. the mayor for the area of a CCA or the area of a combined authority;
3. the Mayor of London;
4. a GLA functional body.
“relevant legislation” means—
1. this Act,
2. regulations under this Act, or
3. any other legislation (whenever passed or made),
except for functions conferred by an order under Chapter 1 of Part 6 of LDEDCA 2009 (instead see section 114 of that Act) or by regulations under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that Act).

57 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, or for giving full effect to—

a the conferral of a function on a relevant authority, or

b the modification of a function of a relevant authority,

by relevant legislation.

2 Property, rights and liabilities may be transferred by—

a the regulations,

b a 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 (SI 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.

9 Regulations under this section are subject to affirmative resolution procedure.

10 In this section—

“relevant authority” means—
1. a strategic authority;
2. the mayor for the area of a CCA or the area of a combined authority;
3. the Mayor of London;
4. a GLA functional body;
“relevant legislation” means—
1. this Act,
2. regulations under this Act, or
3. any other legislation (whenever passed or made),
except for functions conferred by an order under Chapter 1 of Part 6 of LDEDCA 2009 (instead see section 114 of that Act) or by regulations under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that Act).

Protection of functions¶

58 Prohibition of secondary legislation removing functions¶

1 A Minister of the Crown must not exercise any power to make secondary legislation (whenever conferred) so as to cause a function to cease to be exercisable by—

a strategic authorities generally, or

b a category of strategic authorities.

2 This section does not apply to a function conferred by regulations under Part 6 of Schedule 27.

3 This section does not limit the making of—

a permitted provision, or

b provision that is—

i in consequence of, or

ii otherwise in connection with,

permitted provision (whether the permitted provision is made in secondary legislation or an Act of Parliament).

4 In this section “permitted provision” means provision—

a modifying a function;

b abolishing a function;

c repealing or revoking provision conferring a function in consequence of, or otherwise in connection with, other legislation conferring the function (with or without modifications).

Part 3 Other measures about local authorities and PCCs¶

Chapter 1 Reorganisation, governance, elections and councillors¶

Reorganisation¶

59 Single tiers of local government¶

Schedule 28 makes provision about arrangements relating to single tiers of local government.

60 Certain functions of shadow authorities for single tiers of local government¶

In section 12 of LGPIHA 2007 (provision relating to membership etc of authorities)—

a after subsection (3) insert—

;

b after subsection (5) insert—

Governance¶

61 Local authority governance and executives¶

Schedule 29 contains provision about local authority governance and executives.

62 Local authorities: effective neighbourhood governance¶

1 Local authorities in England must make appropriate arrangements to secure the effective governance of any area of a specified description that falls within the authority's area (a “neighbourhood area”).

2 In making appropriate arrangements in relation to a neighbourhood area in which there are one or more parish councils, the local authority must engage with the parish council or councils about parish representation under those arrangements.

3 “Appropriate arrangements” for the purposes of subsection (1) are such arrangements as are specified in regulations made by the Secretary of State.

4 Regulations under subsection (3) may include provision—

a requiring the establishment and maintenance by local authorities of specified organisational structures for the governance of neighbourhood areas (or for the use of specified existing organisational structures for that purpose);

b about the number, membership, funding and review of such structures;

c about the functions that may or must be carried out by such structures for the purpose of ensuring the effective governance of neighbourhood areas (including for the structures to carry out functions on behalf of the local authority);

d requiring the carrying out of such activities for the purpose of ensuring local engagement with the neighbourhood area as may be specified.

5 Regulations under this section about the membership of specified organisational structures may, in particular, make provision for the membership to include parish representation.

6 Regulations under this section may—

a confer a function, including a function involving the exercise of a discretion, on any person;

b provide for exceptions.

7 In this section—

“local authority” means—
1. a county council,
2. a district council,
3. a London borough council;
“parish representation” means representation of any parish council or councils within a neighbourhood area;
“specified” means specified or described in regulations under this section.

8 Regulations under this section are subject to affirmative resolution procedure.

Elections¶

63 Mayors and Police and Crime Commissioners: supplementary vote system¶

Schedule 30 makes provision for the use of the supplementary vote system in elections of mayors and police and crime commissioners.

64 Limit on delay of election in connection with local government reorganisation¶

1 An election timing order (the “invalid order”) has no effect if—

a the order relates to an election of councillors of an English principal council (the “affected election”),

b the order is made for a reason which relates to a process of local government reorganisation affecting that council (the “reorganisation process”), whether that process is proposed or has begun at the time when the order is made, and

c the order would delay the affected election by more than 53 weeks.

2 For the purposes of this section—

a “process of local government reorganisation affecting” an English principal council means—

i the Secretary of State giving that council an invitation or direction under section 2 or 2A of LGPIHA 2007, or

ii the Local Government Boundary Commission making a recommendation for a boundary change relating to that council to the Secretary of State under section 8 of LGPIHA 2007;

b it does not matter if the reason which relates to the reorganisation process is the only reason, or one of several reasons, for the election timing order being made;

c the circumstances in which a process of local government reorganisation affecting a council “is proposed” include circumstances in which the Secretary of State has notified the council that the Secretary of State might give that council an invitation or direction under section 2 or 2A of LGPIHA 2007;

d an election timing order delays an election by more than 53 weeks if, as a result of the order, the election would take place after the end of the period of 53 weeks beginning with the original election date;

e it does not matter if the delay by more than 53 weeks would result—

i solely from the invalid order, or

ii from the cumulative effect of the invalid order and one or more previous related election timing orders;

f an election timing order is to be regarded as delaying the affected election even if the election would not actually take place on the date to which it is delayed because of the eventual outcome of the reorganisation process.

3 In this section—

“election timing order” means an order under—
1. section 87 of LGA 2000 (power to change years in which elections held),
2. section 7 of LGPIHA 2007 (implementation of proposals by order), or
3. section 10 of LGPIHA 2007 (implementation of recommendations by order);
“English principal council” means—
1. a county council in England,
2. a district council, or
3. a London borough council;
“original election date” means the date on which the affected election would have been held, ignoring the effect of—
1. the invalid order, and
2. any previous related election timing order;
“previous related election timing order” means an election timing order which—
1. delays the affected election,
2. was made for a reason which relates to the reorganisation process (whether that was the only reason, or one of several reasons, for the election timing order being made), and
3. was made before the invalid order.

Councillors¶

65 Publication of addresses of members etc in authority registers¶

1 In section 100G (principal councils to publish additional information) of LGA 1972, in subsection (5), omit “, in relation to a principal council in Wales,”.

2 The Localism Act 2011 is amended as follows.

3 In section 29 (register of interests), in subsection (8), for “section 32(2)” substitute “sections 32(2) and 32A”.

4 In section 31 (pecuniary interests in matters considered at meetings or by a single member), in subsection (2), for “section 32(3)” substitute “sections 32(3) and 32A(9)”.

5 After section 32 (sensitive interests) insert—

32A Residential addresses

1 This section applies where a member or co-opted member of a relevant authority notifies the authority’s monitoring officer of a disclosable pecuniary interest that includes their usual residential address.

2 Subject to subsections (3) to (7), the relevant authority’s public register must not include that address.

3 The member or co-opted member may request that their usual residential address be included in that public register.

4 The member or co-opted member may withdraw a request made under subsection (3).

5 A request under subsection (3) or a withdrawal of a request under subsection (4) must be made by written notice to the relevant authority’s monitoring officer.

6 Where the member or co-opted member withdraws a request under subsection (4), the monitoring officer must remove the member or co-opted member’s usual residential address from the public register.

7 Withdrawal of a request under subsection (4) does not affect the power of the member or co-opted member to make another request under subsection (3).

8 Where a member or co-opted member’s usual residential address is excluded from a public register under this section, that public register must state that the member or co-opted member has an interest the address of which is withheld under this section.

9 If section 31(2) applies in relation to the interest, that provision is to be read as requiring the member or co-opted member to disclose not the interest but merely the fact that the member or co-opted member has a disclosable pecuniary interest in the matter concerned.

10 For the purposes of this section, a person has no more than one usual residential address.

11 In this section “public register”, in relation to a relevant authority, means—

a a copy of its register that is made available for inspection, and

b any published version of its register.

Chapter 2 Grants to joint committees of London councils¶

66 Power to pay grant to joint committees of London councils¶

After section 32 of the Local Government Act 2003 insert—

32A Power to pay grant to joint committees of London councils

1 A Minister of the Crown may pay a grant to an eligible London joint committee towards expenditure incurred or to be incurred—

a by the committee, or

b by an eligible sub-committee of the committee.

2 The amount of a grant under this section and the manner of its payment are to be such as the person paying it may determine.

3 A grant under this section may be paid on such conditions as the person paying it may determine.

4 Conditions under subsection (3) may, in particular, include—

a provision as to the use of the grant;

b provision as to circumstances in which the whole or part of the grant must be repaid.

5 Where a Minister of the Crown wishes to pay a grant towards expenditure incurred or to be incurred by an eligible London joint committee or an eligible sub-committee, the Secretary of State may pay a grant under this section to one or more persons (other than the committee) to hold and use in respect of the expenditure by the committee or sub-committee.

6 The powers under this section are exercisable with the consent of the Treasury.

7 The Secretary of State may, by regulations—

a make provision for determining the question of whether a committee, or sub-committee, is “eligible”, including provision about conditions that must be met for a committee or sub-committee to become or remain eligible;

b make provision about the constitution, procedures, administration and oversight of London joint committees, or their sub-committees, that are eligible.

8 Regulations under subsection (7)(a) may (in particular) make provision about conditions that relate to—

a the power under which, or way in which, the committee or sub-committee is established;

b the functions or purpose of the committee or sub-committee;

c the kinds of persons who are members of the committee or sub-committee;

d the constitution, procedures, administration or oversight of the committee or sub-committee.

9 Regulations under subsection (7) may amend any Act passed before, or in the same session as, the English Devolution and Community Empowerment Act 2026.

10 No regulations under subsection (7) may be made unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

11 In this section—

“eligible” has the meaning determined in accordance with regulations under subsection (7)(a);
“London joint committee” means a joint committee established under section 101(5) of the Local Government Act 1972 by—
1. all the London borough councils, and
2. the Common Council of the City of London.

Chapter 3 Assets of community value¶

67 Community right to buy assets of community value and protection of sporting assets¶

Schedule 31 makes provision for a community right to buy assets of community value and for the protection of sporting assets of community value in England, and related minor and consequential amendments.

Chapter 4 Parking on footways and verges¶

68 Prohibition of parking on footways and verges¶

Schedule 32 makes provision about the prohibition of the parking of motor vehicles on footways and verges.

Chapter 5 Land disposed of by local councils¶

Discharge of statutory trusts¶

69 Secretary of State to have power to discharge statutory trusts¶

1 LGA 1972 is amended in accordance with this section.

2 After section 128 (consents to land transactions by local authorities and protection of purchasers) insert—

Discharge of statutory trusts

128A Statutory trust discharge orders

1 The Secretary of State may make an order under this section in relation to land in England (a “statutory trust discharge order”).

2 The Secretary of State may not make a statutory trust discharge order in relation to land unless—

a a person has applied to the Secretary of State for the statutory trust discharge order to be made in relation to the land, and

b the Secretary of State is satisfied that the qualifying conditions are met (see section 128D).

3 The effect of an order being made in relation to land is that the land is freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with—

a section 164 of the Public Health Act 1875 (pleasure grounds), or

b section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds).

4 The order has that effect in relation to that land generally (and so its effect is not limited to that land as freehold or leasehold land as held by the applicant for the order).

5 The Secretary of State may, by regulations, make provision as to the making and determination of any application for a statutory trust discharge order.

6 Regulations under subsection (5) may in particular make provision as to—

a the steps to be taken by a person before making an application;

b the form of an application;

c the information or evidence to be supplied with an application;

d the publication of an application;

e the holding of an inquiry before determination of an application;

f the evidence to be taken into account in making a determination and the weight to be given to any evidence.

7 Regulations under subsection (5) may include provision for the Secretary of State to appoint a person to discharge any or all of the Secretary of State’s functions in relation to an application for a statutory trust discharge order.

8 The power under subsection (5) to make regulations includes power to make—

a different provision for different cases;

b incidental, supplementary or consequential provision;

c transitional or saving provision.

9 A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

10 Section 128G contains further provision about the making of statutory trust discharge orders.

128B Applications for statutory trust discharge orders

1 A person making an application must have regard to any guidance issued by the Secretary of State (whether relating to how the application is made or to its form or content).

2 Qualifying condition B (see section 128D(3)) limits which kind of person is able to make a successful application.

3 An application may be varied after it has been made (and section 128A, this section, and sections 128D to 128G then apply to the application as varied).

4 The Secretary of State may require a person making an application to pay a fee before the Secretary of State considers the application (the “application fee”).

5 The application fee is to be of an amount specified in, or determined in accordance with, regulations made under section 128A(5).

6 The determination of an application for a statutory trust discharge order which relates to particular land does not prevent a further application from being made subsequently in relation to the same land.

7 But the Secretary of State may reject a further application if the Secretary of State considers that there has not been a material change in the circumstances relevant to the qualifying conditions.

8 If a further application is rejected, the Secretary of State must publish notice of the rejection in the manner which the Secretary of State considers appropriate.

128C Applications where land has been divided up

1 This section applies where—

a a principal council, parish council or parish meeting appropriated or disposed of land, and

b the freehold or leasehold title to that land has subsequently been divided.

2 An application may be made in relation to the land comprised in any of the relevant titles.

3 A single joint application may be made in relation to the land comprised in two or more of the relevant titles, and, in the case of such an application, the question of whether the qualifying conditions are met must be decided separately in relation to the land comprised in each title.

4 For the purposes of this section—

a a freehold title is “divided” if either or both of the following occurs—

i the title is divided into two or more different freehold titles;

ii a lease (including a sublease) is granted over some or all of the land comprised in the freehold title;

b a leasehold title is “divided” if—

i the title is divided into two or more different leasehold titles (for example by an assignment of part);

ii a sublease (including a sublease that is not immediately inferior to the leasehold title) is granted over some or all of the land comprised in the leasehold title.

5 In this section “relevant title” means—

a the freehold title to the whole or a part of the land appropriated or disposed of;

b the title to a long lease of the whole or a part of the land appropriated or disposed of.

128D The qualifying conditions

1 This section sets out the “qualifying conditions” (referred to in section 128A(2)(b)).

2 Qualifying condition A: the application for the statutory trust discharge order identifies land in England in relation to which the order is being sought.

3 Qualifying condition B: the applicant for the order is—

a the freehold owner of the relevant land, or

b the tenant of the relevant land under a long lease, whether granted before or after commencement,

at the time of the application (whether or not by virtue of the previous appropriation or disposal).

4 Qualifying condition C: a principal council, parish council or parish meeting—

a appropriated, or

b disposed of,

the relevant land at a time before the application for the statutory trust discharge order is made (the “previous appropriation or disposal”).

5 It does not matter whether the previous appropriation or disposal occurred before or after commencement.

6 Qualifying condition D: the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal.

7 For the purposes of determining whether qualifying condition D is met—

a it is sufficient that the previous advertisement procedure was not complied with;

b accordingly, it is irrelevant—

i whether the previous advertisement procedure in fact had to be complied with, or

ii whether the land was in fact land held in trust for enjoyment by the public in accordance with a trust of the kind mentioned in section 128A(3).

8 Section 128F includes provision for presuming that the previous advertisement procedure was not complied with; and qualifying condition D must be taken to be met if that presumption is made.

9 Qualifying condition E: the new publicity requirements have been complied with.

10 Qualifying condition F: it is in the public interest for the relevant land to be freed from the trusts by virtue of the order.

11 The reference in subsection (10) to the public interest includes the public interest in—

a nature conservation;

b the conservation of the landscape;

c the protection of public rights of access to the relevant land;

d the protection of archaeological remains and features of historic interest;

e development proposals relating to the relevant land;

f economic, environmental or social benefits which the order would facilitate if made.

128E The new publicity requirements

1 This section sets out the “new publicity requirements” (referred to in qualifying condition E in section 128D(9)).

2 The applicant must publish a notice of the application in four consecutive weeks—

a in a local newspaper, and, if there are two or more local newspapers, it must be the main local newspaper;

b if there is no local newspaper, either—

i in a national newspaper, or

ii on a website with a readership in the local area that is comparable to the readership of a local newspaper.

3 If—

a a newspaper is published in print and on a website, and

b it is possible to publish notices of the kind required by subsection (2) in both versions,

a requirement under subsection (2) to publish a notice in the newspaper can only be complied with by publication of the notice in both versions.

4 If the applicant is a principal council, a parish council or parish trustees, they must also publish a notice of the application for a period of 28 days on their website (if they have one).

5 The applicant must display a notice of the application for a period of 28 days at the point of entry, or at the main points of entry, to the relevant land.

6 The Secretary of State must publish a notice of the application for a period of 28 days on the website, or main website, containing information about the Secretary of State’s department.

7 A notice under this section must identify the relevant land.

8 A notice under this section must—

a state that a person who wishes to make representations about whether or not the order should be made may notify the Secretary of State of the representations, and

b state the manner in which, and date by which, representations must be notified;

and that date must be later than the last day of the period of 56 days beginning with the day when that notice is first published or displayed.

9 When publishing or displaying a notice under this section, the applicant must have regard to any guidance issued by the Secretary of State (whether relating to its publication or display or its form or content).

10 In this section—

“local area” means area in which the relevant land is situated;
“local newspaper” means a newspaper circulating in the local area.

128F Previous advertisement procedure: co-operation by councils etc and presumption

1 This section applies if an application has been made to the Secretary of State for a statutory trust discharge order.

2 The Secretary of State must notify the relevant council or parish trustees of—

a the application,

b the relevant land, and

c the information about the previous appropriation or disposal which the Secretary of State has as a result of the application.

3 Within the response period, the relevant council or parish trustees must give the Secretary of State—

a notice which—

i confirms that the previous advertisement procedure was complied with in relation to the previous appropriation or disposal,

ii confirms that the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal, or

iii states that the relevant council or parish trustees are not able to confirm either of those things, and

b any information relating to compliance, or non-compliance, with the previous advertisement procedure which the relevant council or parish trustees have.

4 If the relevant council or parish trustees—

a give the Secretary of State a notice under subsection (3)(a)(iii) within the response period, or

b do not give the Secretary of State any notice under subsection (3)(a) within the response period,

the Secretary of State must presume that the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal, unless the Secretary of State is satisfied that the procedure was complied with.

5 In this section—

“relevant council or parish trustees” means—
1. in a case where a principal council undertook the previous appropriation or disposal, the principal council for the area where the relevant land is situated;
2. in a case where a parish council undertook the previous appropriation or disposal—
  1. the parish council or parish trustees for the area where the relevant land is situated, or
  2. if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated;
3. in a case where a parish meeting undertook the previous appropriation or disposal—
  1. the parish trustees or parish council for the area where the relevant land is situated, or
  2. if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated;
“response period”, in relation to a notification given by the Secretary of State under subsection (2), means the period of 28 days beginning with the day on which the notice is received by the relevant council or parish trustees.

128G Making statutory trust discharge orders

1 In deciding whether to make a statutory trust discharge order, the Secretary of State must take into account all matters that are relevant, including these matters—

a whether, and how, the person making the application has had regard to the guidance issued by the Secretary of State under section 128B(1) and section 128E(9);

b any representations about whether or not the order should be made that are notified to the Secretary of State (including any representations made by persons who are freehold owners, or tenants, of land comprised in the previous appropriation or disposal but who are not applying for the order).

2 A statutory trust discharge order may relate to only some of the relevant land specified in the application.

3 A statutory trust discharge order takes effect—

a on the day after the day on which the order is made, or

b if the order specifies a later day on which it is to take effect, on that day.

4 In relation to each application for a statutory trust discharge order, the Secretary of State—

a must publish notice of the decision whether or not to make the order, and

b if the order is made, must publish the order.

5 That notice, or the order, is to be published in the manner which the Secretary of State considers appropriate.

128H Sections 128A to 128G: interpretation and application to the Crown

1 In sections 128A to 128G and this section—

“application” means an application for a statutory trust discharge order;
“commencement” means the coming into force of section 69 of the English Devolution and Community Empowerment Act 2026;
“long lease” means a lease which was granted for a term of 20 years or longer;
“new publicity requirements” has the meaning given in section 128E(1);
“previous advertisement procedure” means whichever of the following applied to the previous appropriation or disposal—
1. the requirement to advertise notice of the intention to make the appropriation in accordance with—
  1. section 122(2A) in the case of an appropriation by a principal council;
  2. section 126(4A) in the case of an appropriation by a parish council or parish meeting;
2. the requirement to advertise notice of the intention to make the disposal in accordance with—
  1. section 123(2A) in the case of a disposal by a principal council;
  2. section 123(2A) as applied by section 127(2) in the case of a disposal by a parish council or parish meeting;
“previous appropriation or disposal” has the meaning given in section 128D(4);
“qualifying conditions” has the meaning given in section 128D(1);
“relevant land” means the land identified in the application for a statutory trust discharge order as the land relation to which the order is being sought;
“statutory trust discharge order” has the meaning given in section 128A(1).

2 A reference in sections 128A to 128G to the freehold owner, or the tenant under a long lease, is a reference to—

a the Crown Estate Commissioners, if the freehold or long lease belongs to His Majesty in right of the Crown and forms part of the Crown Estate;

b the government department having the management of the freehold or long lease, if it belongs to His Majesty in right of the Crown but does not form part of the Crown estate;

c the government department concerned, if the freehold or long lease belongs to a government department or is held in trust for His Majesty for the purposes of a government department;

d a person appointed by His Majesty in writing under the Royal Sign Manual, or if no such appointment is made the Secretary of State, if the freehold or long lease belongs to His Majesty in right of His private estates (which must be construed in accordance with section 1 of the Crown Private Estates Act 1862);

e the Chancellor of the Duchy of Lancaster, if the freehold or long lease belongs to His Majesty in right of the Duchy of Lancaster;

f a person appointed by the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, if the freehold or long lease belongs to the Duchy of Cornwall.

3 In section 266(1) (orders which are to be made by statutory instrument), for “other than section 261 above” substitute “other than section 128A(1)”.

Chapter 6 Licensing of taxis and private hire vehicles¶

National standards¶

70 “National standard” and “regulated licence”¶

A “national standard” is a standard prescribed by the Secretary of State under any of sections 71 to 73.

71 Standards relating to the grant of a regulated licence¶

1 The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to be granted.

2 For each national standard prescribed under this section, the Secretary of State may, by regulations, provide for whether the licensing authority—

a is required to refuse to grant the licence, or

b has a power to refuse to grant the licence,

if the licensing authority is not satisfied that the standard is met.

3 Regulations under subsection (2) which relate to a standard may include provision—

a for the licensing authority—

i to be required to give an opportunity to remedy the failure to meet the standard, or

ii to have a power to give such an opportunity, and

b for the requirement or power to refuse the grant of the licence to cease to apply if the failure is remedied.

4 Regulations under this section may, in particular, provide for an existing power of refusal to be extended so that the existing power is used, or is treated as being used, to refuse the grant of a licence where the licensing authority is not satisfied that a national standard is met.

5 In this section “existing power of refusal” means a power to refuse to grant a licence (whenever conferred) which arises otherwise than under regulations under this section.

72 Standards relating to the suspension or revocation of a regulated licence¶

1 The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to continue in force.

2 For each national standard prescribed under this section, the Secretary of State may, by regulations—

a provide for when, or the circumstances in which, a licensing authority must determine whether the standard is met;

b provide for which permitted response or responses will be available if the licensing authority is not satisfied that the standard is met;

c provide, if both permitted responses are available, for the circumstances in which a particular permitted response is to be made;

d provide for whether the licensing authority—

i is required to make a permitted response, or

ii has a power to make a permitted response,

if the licensing authority is not satisfied that the standard is met;

e provide for when, or the circumstances in which, the suspension of a regulated licence is to end, including provision under which the licensing authority has a discretion.

3 Regulations under subsection (2) which relate to a standard may include provision—

a for the licensing authority—

i to be required to give an opportunity to remedy the failure to meet the standard, or

ii to have a power to give such an opportunity, and

b for the requirement or power to make a permitted response to cease to apply if the failure is remedied.

4 Regulations under this section may, in particular, provide for an existing power of suspension or revocation to be extended so that the existing power is used, or is treated as being used, to suspend or revoke a licence where the licensing authority is not satisfied that a national standard is met.

5 In this section—

“existing power of suspension or revocation” means a power to suspend or revoke a licence (whenever conferred) which arises otherwise than under regulations under this section;
“permitted response” means—
1. suspending a regulated licence, or
2. revoking a regulated licence;
and a reference to making a permitted response is to be read accordingly.

73 Standards relating to the renewal of a regulated licence¶

1 The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to be renewed.

2 For each national standard prescribed under this section, the Secretary of State may, by regulations, provide for whether the licensing authority—

a is required to refuse to renew the licence, or

b has a power to refuse to renew the licence,

if the licensing authority is not satisfied that the standard is met.

3 Regulations under subsection (2) which relate to a standard may include provision—

a for the licensing authority—

i to be required to give an opportunity to remedy the failure to meet the standard, or

ii to have a power to give such an opportunity, and

b for the requirement or power to refuse the renewal of the licence to cease to apply if the failure is remedied.

4 Regulations under this section may, in particular, provide for an existing power of refusal to be extended so that the existing power is used, or is treated as being used, to refuse the renewal of a licence where the licensing authority is not satisfied that a national standard is met.

5 In this section “existing power of refusal” means a power to refuse to renew a licence (whenever conferred) which arises otherwise than under regulations under this section.

74 Further provision about standards¶

1 National standards may relate to any of the following—

a persons applying for or holding regulated licences;

b other persons;

c vehicles;

d the types of services provided using taxis or private hire vehicles;

e premises;

f any other matters which appear to the Secretary of State to be appropriate.

2 National standards may require action to be taken (for example undertaking training, or installing or using equipment, technology or services).

3 National standards prescribed under section 72 or 73 may (in particular) relate to regulated licences granted before the regulations come into force.

4 This section does not limit the kinds of national standards that may be prescribed.

75 Duty to report concerns about drivers licensed in other areas¶

1 The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 is amended in accordance with this section.

2 Section 5 (duty to report concerns about drivers licensed in other areas) is amended in accordance with subsections (3) and (4).

3 In subsection (1), for paragraph (a) substitute—

4 In subsection (2)—

a in paragraph (a), for “relevant information” substitute “information of which it has become aware”;

b in the words after paragraph (b), omit “relevant”.

5 After section 6 insert—

Temporary suspension of licences¶

76 Power to suspend licence temporarily¶

1 An enforcement officer may suspend a regulated driver licence if—

a the licence relates to the driver of a relevant vehicle being driven in the officer’s enforcement area, and

b the officer considers that it is necessary in the interests of public safety to temporarily suspend the licence with immediate effect.

2 An enforcement officer may suspend a regulated vehicle licence if—

a the licence relates to a relevant vehicle being driven in the officer’s enforcement area, and

b the officer considers that it is necessary in the interests of public safety to temporarily suspend the licence with immediate effect.

3 An enforcement officer may suspend a regulated PHV operator licence if—

a the licence relates to the operation of a relevant vehicle being driven in the officer’s enforcement area, and

b the officer considers that it is necessary in the interests of public safety to temporarily suspend the licence with immediate effect.

4 A power under this section to suspend a licence is exercisable by an enforcement officer in respect of a licence granted by any licensing authority in England (whether or not it is the licensing authority which appointed or authorised the officer).

77 Suspension under section 76¶

1 This section applies if an enforcement officer decides to suspend a licence under section section 76.

2 The enforcement officer must give notice of the suspension to the person the officer believes to have been driving the relevant vehicle at the time the officer decided to suspend the licence.

3 The suspension takes effect at the time when the notice is given to the person.

4 The effect of the suspension is that the licence holder may not exercise any of the rights granted by the licence.

5 The suspension ceases to have effect at the end of the period of 48 hours beginning with the time when the notice was given.

6 But that is subject to section section 80(3).

7 The Secretary of State may, by regulations—

a amend subsection (5) so as to provide for suspensions to cease to have effect at a different time, and

b make consequential amendments of section section 79(2).

8 The Secretary of State may, by regulations, make provision about—

a the form or contents of suspension notices;

b the manner in which suspension notices are to be given.

78 Suspension notice given to person who is not licence holder¶

1 This section applies if—

a an enforcement officer gives a suspension notice to a person, and

b before the end of the suspension, the enforcement officer becomes aware that a different person is the holder of the licence (the “licence holder”).

2 The enforcement officer must notify the licence holder that the suspension notice has been given.

3 The Secretary of State may, by regulations, make provision about—

a the form or contents of notifications under this section;

b the period within which notifications under this section are to be given;

c the manner in which notifications under this section are to be given.

79 Responsible licensing authority to be notified of suspension¶

1 This section applies if—

a an enforcement officer gives a suspension notice in respect of a licence, and

b the responsible licensing authority is not the licensing authority which appointed or authorised the officer.

2 The enforcement officer must notify the responsible licensing authority of the suspension before the end of the period of 24 hours beginning with the time when the notice was given.

3 The Secretary of State may, by regulations, make provision about—

a the form or contents of notifications under this section;

b the manner in which notifications under this section are to be given.

80 Responsible licensing authority’s response to suspension of licence¶

1 This section applies if an enforcement officer gives a suspension notice in respect of a licence (the “suspended licence”).

2 If the suspending authority is not the responsible licensing authority, this section does not apply unless the notification required by section 79 has been given.

3 The responsible licensing authority must—

a terminate the suspension,

b extend the period of suspension, or

c allow the suspension to cease to have effect at the end of the period of suspension.

4 The responsible licensing authority must notify the holder of the suspended licence of—

a the authority’s decision under subsection (3), and

b any further extension of the period of suspension.

5 If the responsible licensing authority does not terminate the suspension, it may also notify the holder of any steps which would (if taken) result in the suspension being terminated.

6 After making the decision under subsection (3), the responsible licensing authority must decide whether and how to exercise its other functions as a licensing authority in relation to the suspended licence.

7 If the suspending authority is not the responsible licensing authority, the responsible licensing authority must notify the suspending authority of—

a any decision by the responsible licensing authority under subsection (3);

b any further extension of the period of suspension;

c any decision by the responsible licensing authority under subsection (6).

8 The Secretary of State may, by regulations, make provision about the making of decisions under subsection (3) or (6).

9 The regulations may, in particular, make provision about the period within which those decisions must be made.

10 The Secretary of State may, by regulations, make provision about the extension of periods of suspension.

11 The regulations may, in particular, make provision about—

a the length by which periods of suspension may be extended under subsection (3);

b whether and how, and the length by which, periods of suspension may be extended more than once.

12 The Secretary of State may, by regulations, make provision about—

a the form or contents of notifications under this section;

b the period within which notifications under this section are to be given;

c the manner in which notifications under this section are to be given.

13 In this section—

“period of suspension” means—
1. the period of suspension under section 76(5), or
2. if that period has been extended under this section, that extended period;
“suspended licence” has the meaning given in subsection (1);
“suspending authority”, in relation to the suspended licence, means the licensing authority which appointed or authorised the enforcement officer who suspended the licence.

81 Appeals and compensation¶

1 The Secretary of State must make regulations providing for the holder of a licence that is suspended under the licence suspension provisions to appeal to a magistrates’ court against—

a the suspension, or

b any decision under section 80(3).

2 The Secretary of State may make regulations providing for compensation to be payable by licensing authorities in cases where—

a an appeal under regulations under subsection (1) is successful, or

b an enforcement officer gives a suspension notice but fails to give notice as required under section 78(2) in circumstances where it was reasonably practicable for the officer to have done so.

3 The regulations may provide for—

a the amounts of compensation, or

b the minimum or the maximum amounts of compensation.

4 The regulations may, in particular, confer (whether on a court or tribunal or person)—

a the function of determining liability to pay compensation,

b the function of determining the amount of compensation that is payable (in cases where the amount is not fixed by regulations under subsection (3)), or

c other functions relating to compensation.

82 Enforcement officers¶

1 In the licence suspension provisions, “enforcement officer” means a person appointed or authorised by a licensing authority in England (the “appointing licensing authority”) to carry out functions conferred by those provisions on behalf of that authority.

2 Accordingly—

a functions expressed in the licence suspension provisions as functions of enforcement officers are functions of the appointing licensing authority that are exercisable on that authority’s behalf by the officers appointed or authorised by that authority in accordance with subsection (1), and

b a reference to a licensing authority in section 83 includes a reference to an enforcement officer.

3 Where a function is expressed as a function of the enforcement officer who gave a suspension notice, that function may instead be exercised by any other enforcement officer appointed or authorised by the appointing licensing authority.

4 The Secretary of State may make regulations providing for the issue and use of documents, clothing or badges or other marks to identify persons as enforcement officers.

General provision¶

83 Guidance¶

1 The Secretary of State may issue guidance to licensing authorities in connection with the exercise of their functions in accordance with this Chapter.

2 The Secretary of State may revise or revoke guidance issued under this section.

3 The Secretary of State must arrange for guidance under this section, and any revision of it, to be published.

4 A licensing authority must have regard to guidance issued under this section.

84 Relationship with existing licensing legislation¶

1 This Chapter does not prevent the exercise of any other power or duty of a licensing authority to—

a grant,

b suspend,

c revoke, or

d renew,

a regulated licence in a way that is consistent with provision made by or under this Chapter (which includes refusing to grant, suspending, revoking, or refusing to renew a licence when not required or authorised to do so by that provision).

2 Before section 37 of the Town Police Clauses Act 1847 insert—

3 After section 45 of the Local Government (Miscellaneous Provisions) Act 1976 insert—

4 After section 2 of the London Hackney Carriages Act 1843 insert—

5 After section 2 of the Metropolitan Public Carriage Act 1869 insert—

6 After section 1 of the Private Hire Vehicles (London) Act 1998 insert—

7 After section 1 of the Plymouth City Council Act 1975 insert—

85 Regulations¶

1 Before making regulations under sections 71 to 73, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

2 Regulations under this Chapter may amend or repeal provision made by an Act of Parliament passed before, or in the same session as, this Act.

3 Regulations under sections 71 to 73 are subject to affirmative resolution procedure.

4 Regulations under—

a section 77(7), or

b section 80(11),

are subject to affirmative resolution procedure.

5 Regulations under this Chapter which amend or repeal provision made by an Act of Parliament (whether or not they also contain other provision) are subject to affirmative resolution procedure.

6 Any other regulations under this Chapter are subject to negative resolution procedure.

86 Interpretation¶

In this Chapter—

“enforcement area”, in relation to an enforcement officer, means both of the following—
1. the area of the licensing authority which appointed or authorised the officer, in relation to the suspension of any regulated licence;
2. the whole of the rest of England, but only in relation to the suspension of a regulated licence granted by the licensing authority which appointed or authorised the officer;
“enforcement officer” has the meaning given in section section 82(1);
“licence suspension provisions” means sections 76 to 82 and this section;
“licensing authority”, in relation to a regulated licence, means a public authority which has licensing functions under—
1. sections 37 to 68 of the Town Police Clauses Act 1847;
2. the Metropolitan Public Carriage Act 1869;
3. the Plymouth City Council Act 1975;
4. Part 2 of the Local Government (Miscellaneous Provisions) Act 1976;
5. the Private Hire Vehicles (London) Act 1998;
“national standards” has the meaning given in section 70;
“PHV driver licence” is a licence under—
1. section 51 of the Local Government (Miscellaneous Provisions) Act 1976,
2. section 13 of the Private Hire Vehicles (London) Act 1998, or
3. section 9 of the Plymouth City Council Act 1975;
“PHV operator licence” is a licence under—
1. section 55 of the Local Government (Miscellaneous Provisions) Act 1976,
2. section 3 of the Private Hire Vehicles (London) Act 1998, or
3. section 13 of the Plymouth City Council Act 1975;
“PHV vehicle licence” is a licence under—
1. section 48 of the Local Government (Miscellaneous Provisions) Act 1976,
2. section 7 of the Private Hire Vehicles (London) Act 1998, or
3. section 5 of the Plymouth City Council Act 1975;
“regulated driver licence” means—
1. a taxi driver licence, or
2. a PHV driver licence,
granted by a licensing authority in England;
“regulated licence” means—
1. a taxi driver licence,
2. a taxi vehicle licence,
3. a PHV driver licence,
4. a PHV vehicle licence, or
5. a PHV operator licence,
granted by a licensing authority in England;
“regulated PHV operator licence” means a PHV operator granted by a licensing authority in England;
“regulated vehicle licence” means—
1. a taxi vehicle licence, or
2. a PHV vehicle licence,
granted by a licensing authority in England;
“relevant vehicle” means a vehicle that an enforcement officer reasonably believes is licensed by—
1. a taxi vehicle licence, or
2. a PHV vehicle licence;
“responsible licensing authority”, in relation to a regulated licence, means the licensing authority with the power to revoke the licence;
“standard” includes—
1. a requirement, and
2. a condition;
“suspension notice” means notice of a suspension given in accordance with section 77(2);
“taxi driver licence” is a licence under—
1. section 46 of the Town Police Clauses Act 1847, or
2. section 8 of the Metropolitan Public Carriage Act 1869;
“taxi vehicle licence” is a licence under—
1. section 37 of the Town Police Clauses Act 1847, or
2. section 6 of the Metropolitan Public Carriage Act 1869.

Chapter 7 Licensing of gambling premises¶

87 Licensing of gambling premises: impact assessments¶

1 The Gambling Act 2005 is amended in accordance with this section.

2 In section 153 (licensing authorities’ functions: principles to be applied), in subsection (3), for “section” substitute “sections 165A and”.

3 After section 153 insert—

153A Gambling impact assessments

1 A licensing authority may publish a document (“a gambling impact assessment”) containing a statement that the licensing authority consider that the grant of any relevant licence, or of any further relevant licences, in respect of premises in one or more parts of their area described in the assessment (the “affected part or parts”) is not likely to be reasonably consistent with one or more of the licensing objectives because of—

a the cumulative impact of relevant licences in respect of premises in the affected part or parts, or

b other reasons which relate to that licensing objective, or those licensing objectives, and to the affected part or parts.

2 A gambling impact assessment must set out the evidence for the authority's opinion as set out in the assessment in accordance with subsection (1).

3 A gambling impact assessment may include a statement which is framed by reference to the grant of relevant licences in excess of a number specified in the statement.

4 A gambling impact assessment may relate—

a to all relevant licences, or

b only to relevant licences of a kind described in the assessment.

5 A licensing authority must—

a from time to time review any gambling impact assessment published by them,

b if they think it necessary in the light of a review, revise or withdraw the assessment, and

c publish any revision.

6 Before publishing a gambling impact assessment (including a revised assessment), the licensing authority must consult the persons mentioned in section 349(3).

7 For the purposes of the consultation, the licensing authority must provide the persons mentioned in section 349(3) with the following information—

a the reasons why they are considering publishing or revising a gambling impact assessment;

b a general indication of the part or parts of their area which they are considering describing in the assessment;

c whether they consider that the assessment will relate to all relevant licences or only to relevant licences of a particular kind.

8 In determining—

a whether to publish a gambling impact assessment (including a revised assessment) or withdraw an assessment, or

b the terms of a gambling impact assessment,

a licensing authority may not have regard to the expected demand for facilities of the kinds that would require relevant licences to be operated lawfully.

9 If a licensing authority have published a gambling impact assessment, the authority must include a summary of the assessment in the three-year licensing policy.

10 For provision about the role of gambling impact assessments in the process of applying for relevant licences, see section 165A.

11 In this section—

“relevant licence” means—
1. a bingo premises licence,
2. an adult gaming centre premises licence,
3. a family entertainment centre premises licence, or
4. a betting premises licence;
“three-year licensing policy” means the statement published in accordance with section 349.

4 After section 165 insert—

165A Rejection of application: gambling impact assessment

1 This section applies to an application for a relevant licence (the “prospective licence”) if—

a the licensing authority have published a gambling impact assessment in accordance with section 153A, and

b the licensing authority’s three-year licensing policy includes a presumption that the authority will reject an application for a relevant licence if the licence is within the scope of the assessment.

2 It is lawful for the licensing authority to reject the application solely on the ground that the prospective licence is within the scope of the gambling impact assessment (and therefore regardless of anything, including any legislation, which would otherwise support or require the grant of the prospective licence).

3 But a rejection of the application is not lawful on that ground (whether by virtue of subsection (2) or otherwise) if the person applying for the prospective licence—

a asserts in the application that the grant of the prospective licence would be reasonably consistent with the licensing objective or objectives to which the gambling impact assessment relates, and

b then shows that the grant of the prospective licence would be reasonably consistent with that licensing objective or those licensing objectives;

(and, accordingly, inconsistency with that licensing objective or those licensing objectives cannot otherwise be a ground for rejecting the application).

4 For the purposes of this section, a licence is “within the scope of” a gambling impact assessment if the licence would (if granted)—

a relate to premises in the part or parts of the authority’s area described in the assessment in accordance with section 153A(1), and

b be a kind of licence to which the assessment applies in accordance with section 153A(1) (whether by virtue of section 153A(4)(a) or (b)).

5 But if the assessment is framed by reference to the grant of relevant licences in excess of a number specified in the statement, a licence is not within the scope of the assessment unless (additionally)—

a the grant of the prospective licence, or

b the grant of that licence and any other relevant licences for which applications are being considered at the same time,

would result in that number being exceeded.

6 This section does not affect the powers of a licensing authority to decide what is included in their three-year licensing policy; and, in particular, it does not affect any powers—

a to make other kinds of presumptions, and

b to act lawfully in accordance with the terms of other kinds of presumptions.

7 In this section—

“relevant licence” has the same meaning as in section 153A;
“three-year licensing policy” means the statement published in accordance with section 349.

5 In section 349 (three-year licensing policy), after subsection (3) insert—

Chapter 8 National Park Authorities and the Broads Authority¶

The general power of competence¶

88 Extension of general power of competence to English National Park authorities and the Broads Authority¶

Schedule 33 amends the Localism Act 2011 to extend the general power of competence to English National Park authorities and the Broads Authority.

Part 4 Local audit¶

89 Establishment of Local Audit Office¶

1 In the Local Audit and Accountability Act 2014, after Part 1 insert—

Part 1A The Local Audit Office

1A Establishment and constitution

1 A body corporate called the Local Audit Office is established.

2 Schedule 1A makes provision about the Office, including provision about its constitution and proceedings.

1B Main objective

1 The main objective of the Local Audit Office in performing its functions is to secure the effective operation of the system of audit established by this Act, with a view to meeting the needs of users of the audited accounts.

2 That includes, in particular, securing—

a that audits under this Act are carried out to a high standard, and

b that there is a suitable range of persons able and willing to carry out such audits.

1C Financial matters

1 The Secretary of State may pay grants to the Local Audit Office.

2 The Office must, on request by the Secretary of State, provide estimates of its income and expenditure.

3 The Office may charge a person a fee for the exercise in relation to that person of any of its functions that is not the subject of more specific provision about fees.

4 That includes functions under—

a an agreement under section 6B(5)(a), or

b rules or arrangements made for the purposes of Schedule 1C.

5 A fee charged by the Office (under subsection (3) or otherwise) need not be calculated by reference to the cost of doing the thing to which the fee relates.

6 But the Office must set its fees with a view to securing that, over time, its income from fees is broadly equivalent to such of its expenditure as is not met by way of grant from the Secretary of State.

7 In subsection (6)—

a the reference to fees includes other sums payable to the Office by agreement (see in particular section 6B(5)(b)), and

b the reference to setting fees includes agreeing fees and other sums so payable.

8 Subsection (9) applies to any sum received by the Office by way of penalty under—

a paragraph 3 of Schedule 1B (penalties against external registration body), or

b arrangements made for the purposes of paragraph 10 of Schedule 1C (penalties against registered local audit provider),

including any interest.

9 The Office—

a must pay the sum to the Secretary of State, but

b may deduct any costs incurred by it in connection with the imposition or enforcement of the penalty, so far as those costs are not otherwise recoverable.

1D Oversight and intervention by Secretary of State

1 The Local Audit Office must exercise its functions in accordance with any direction, and having regard to any guidance, given to it by the Secretary of State.

2 The Office must comply with any written request by the Secretary of State to be provided with information about the exercise of the Office’s functions.

3 Such a request may cover information about the exercise of functions after the request is made.

4 No direction, guidance or request under this section may relate to the exercise of functions in relation to a particular relevant authority.

5 The Secretary of State must—

a consult the Local Audit Office before giving any direction or guidance under this section, and

b publish any direction or guidance given under this section.

2 Schedule 34 makes further provision about the Local Audit Office (including the insertion of the Schedule 1A referred to above).

90 Local audit providers: registration and public provision¶

1 In the Local Audit and Accountability Act 2014, after Part 2 insert—

Part 2A Providers of audit services

6A Local audit register

1 The Local Audit Office must secure that there is at least one public register of individuals and firms who are (by virtue of their registration) entitled to carry out audits in accordance with this Act.

2 It may do so by—

a keeping a register itself, or

b designating another body as an external registration body (see section 6B).

3 An external registration body must keep a register meeting the description in subsection (1).

4 In this Act—

“local audit register” means a register kept in accordance with this section;
“registered local audit provider” means an individual or firm that is registered in a local audit register.

5 Fees may be charged in respect of—

a applications for registration in a local audit register;

b entry in such a register;

c remaining in such a register.

6B External registration bodies

1 The Local Audit Office may designate a body as an external registration body only if—

a the body consents, and

b the Office is satisfied that—

i the body is able and willing to co-operate with the Office in pursuit of the objective set out in section 1B,

ii the body is able and willing to promote and maintain high standards of integrity in the conduct of audits under this Act, and

iii the rules and arrangements of the body that will have effect in relation to registered local audit providers and lead partners (see in particular Schedule 1C) will be fair, reasonable, and fit for purpose.

2 The Office—

a may revoke the designation of an external registration body, and

b must do so if no longer satisfied of the matters set out in subsection (1)(b), unless it considers that the body is likely to satisfy it of those matters again within a reasonable period.

3 The making or revocation of a designation is to be done by written notice to the body in question; and the Office must publish such a notice.

4 The making or revocation is to have effect from the time specified in the notice.

5 The Local Audit Office and an external registration body, or a body that anticipates becoming an external registration body, may enter into an agreement about—

a how the body is to carry out its functions as an external registration body;

b fees, costs or other sums that are to be paid by the body to the Office;

c circumstances in which the Office will or will not exercise its power under subsection (2)(a);

d procedures to be followed in order for the Office to reach a decision whether to exercise that power or whether its duty under subsection (2)(b) is engaged.

6 Fees charged by an external registration body under section 6A(5) may be calculated by reference to any costs borne by the body as a result of this Act.

7 Schedule 1B makes further provision about external registration bodies, including provision for the enforcement of their duties.

6C Eligibility and regulation of registered providers

1 The body that keeps a local audit register must comply with the requirements of Schedule 1C (which sets out requirements in connection with the register, including requirements about eligibility for registration and the regulation of registered providers).

2 The requirements of Schedule 1C do not limit the ability of the body to have in place rules or arrangements going beyond those requirements (whether relating to the same or different subject matter).

3 An agreement under section 6B(5)(a) may, accordingly, include terms supplementing those requirements or imposing additional requirements.

6D Professional qualifications

In Schedule 1D—

a Part 1 sets out certain requirements as to professional qualification referred to in Schedule 1C, and

b Part 2 makes provision about bodies offering qualifications referred to in Part 1.

6E Powers of Local Audit Office to facilitate provision by firms

The Local Audit Office may—

a form a firm,

b acquire interests in a firm, or

c give assistance (financial or otherwise) to a firm,

with a view to the firm becoming, or remaining, a registered local audit provider that carries out audits under this Act.

6F Scrutiny of Local Audit Office as audit provider

1 This section applies if the Local Audit Office decides that it is to carry out audits under this Act.

2 The Office must put in place arrangements under which its audit practice will be monitored, inspected and reported on by persons acting independently of the Office.

3 The Office must send to the Secretary of State reports made to it under the arrangements.

2 Schedule 35 inserts the Schedule 1B, Schedule 1C and Schedule 1D referred to above.

91 New appointment arrangements for non-NHS audits¶

In the Local Audit and Accountability Act 2014, after Part 2A (inserted by section 90(1)) insert—

Part 2B Appointment etc of local auditors: authorities other than health service bodies

6G Local Audit Office to appoint auditor

1 This section applies in relation to a relevant authority other than a health service body.

2 The Local Audit Office must, in relation to each financial year—

a decide that it is to audit the accounts of the authority, or

b appoint a registered local audit provider to audit those accounts.

3 A decision under subsection (2)(a) is to be treated for the purposes of this Act as the appointment of the Office as a local auditor under this section.

4 In the following provisions of this Part, references to an appointment are to an appointment under this section.

6H Further provision about appointments

1 A single appointment may be made for multiple financial years.

2 An appointment must be made before the beginning of the financial year (or the first of the financial years) to which it relates.

3 The appointment of a registered local audit provider is to be on terms agreed in writing between the Local Audit Office and the provider.

4 Two or more local auditors may be appointed—

a to act jointly in relation to some or all parts of the accounts;

b to act separately in relation to different parts of the accounts;

c to carry out different functions in relation to the audit.

5 If, as a result of an appointment made in accordance with subsection (4), a function under this Act may be exercised by two or more local auditors—

a it may be exercised by both or all of them acting jointly or by such one or more of them as they may determine, and

b references (however expressed) to the local auditor by whom the function is or has been exercised are to the auditors by whom it is or has been exercised.

6 The Local Audit Office must not appoint a person whom it has reason to think will be unable to act because of section 32B (independence requirement).

6I Procedure for appointment

1 Before making an appointment, the Local Audit Office must inform the relevant authority of the person it proposes to appoint and give the authority a reasonable opportunity to make representations.

2 As soon as practicable after making an appointment, the Office must send to the relevant authority concerned a notice that—

a states that it has made the appointment,

b identifies the local auditor that has been appointed, and

c specifies the financial year or years for which the local auditor has been appointed.

3 A relevant authority must publish a notice under subsection (2) within the period of 28 days beginning with the day on which it receives it.

4 The notice must be published—

a if the relevant authority has a website, on its website;

b otherwise, in such manner as the relevant authority thinks is likely to bring the notice to the attention of persons who live in its area.

6J Resignation and removal

1 If the Local Audit Office is appointed, it may resign from the appointment by giving written notice to the relevant authority concerned.

2 If a registered local audit provider is appointed, the terms of the appointment must include—

a provision for the resignation of the provider, and

b provision for the removal of the provider by the Local Audit Office.

3 If the appointed local auditor resigns or is removed, section 6G(2) applies again in relation to the relevant authority concerned.

4 But if the timing of the resignation or removal makes it impracticable for section 6H(2) to be complied with, the new appointment must instead be made as soon as practicable.

6K Audit fees

1 The Local Audit Office must charge a relevant authority a fee in respect of the carrying out of an audit by a local auditor appointed by the Office.

2 The amount of the fee may be revised (even after it has been paid or the audit concerned has been completed).

3 The payment terms are to be determined by the Office and notified in writing to the relevant authority.

4 The Office must publish a table of indicative fees, from which each relevant authority (other than a health service body) can, in respect of each financial year, ascertain the amount the Office would ordinarily expect to charge it for that year.

5 The Office must give reasons if it—

a revises a fee upwards, or

b charges a relevant authority a higher amount than that indicated in the table of indicative fees.

92 Audit providers to nominate lead partner¶

In the Local Audit and Accountability Act 2014, before section 20 insert—

19A Requirement to nominate lead partner

1 Subsections (2) and (3) apply where a firm is appointed as a local auditor.

2 The firm must ensure that—

a an individual working for the firm acts as the lead partner for the audit in question, and

b the name of that individual is known to—

i the Local Audit Office, and

ii the relevant authority whose accounts are being audited.

3 The individual must appear in a list kept in relation to the firm in accordance with paragraph 6 of Schedule 1C (list of eligible lead partners in firm’s register entry).

4 Subsections (5) and (6) apply where the Local Audit Office is appointed as a local auditor.

5 The Office must ensure that—

a an individual working for the Office acts as the lead partner for the audit in question, and

b the name of that individual is known to the relevant authority whose accounts are being audited.

6 The individual must appear in a public list kept by the Office of individuals who may act as the lead partner for an audit carried out by the Office.

7 The Office must make arrangements designed to secure that an individual appears in its list only if the individual would be able to appear in a list kept in relation to a firm in accordance with paragraph 6 of Schedule 1C.

8 For the purposes of this Act, an individual acts as the lead partner for an audit if the individual is primarily responsible for the local auditor’s decisions as to—

a the opinion to be given under section 20(2)(b) or 21(5)(a),

b the making of any public interest report or recommendation, and

c the issuing of any advisory notice.

93 Code of audit practice¶

1 In the Local Audit and Accountability Act 2014, paragraph 1 of Schedule 6 (preparation of code of audit practice) is amended as follows.

2 For sub-paragraph (1) substitute—

3 In sub-paragraph (2), for “Comptroller and Auditor General” substitute “Office”.

4 For sub-paragraph (4) substitute—

5 For sub-paragraph (5) substitute—

6 A code that has effect as a code of audit practice under the Local Audit and Accountability Act 2014 when this section comes into force continues to have effect until (and except so far as) superseded by a code of audit practice prepared in accordance with Schedule 6 to that Act as amended by this Act.

7 Guidance that has effect under paragraph 9 of Schedule 6 to that Act when this section comes into force continues to have effect until (and except so far as)—

a superseded by guidance prepared in accordance with that paragraph as amended by this Act, or

b revoked by the Office.

94 Audit committees¶

In the Local Audit and Accountability Act 2014, before section 34 insert—

33A Audit committees

1 A relevant authority other than a health service body must—

a have an audit committee, and

b arrange for its audit committee to exercise the functions set out in subsection (3).

2 The audit committee is to be—

a in the case of a relevant authority that has a general power under an enactment to appoint committees, a committee of the authority designated by the authority as its audit committee, or

b in any other case, a group of individuals appointed by the relevant authority.

3 The functions referred to in subsection (1)(b) are—

a reviewing and scrutinising the authority’s financial affairs,

b reviewing and assessing the authority’s risk management, internal control and governance arrangements,

c reviewing and assessing the economy, efficiency and effectiveness with which resources have been used in discharging the authority’s functions, and

d making reports and recommendations to the authority in relation to reviews conducted under paragraphs (a), (b) and (c).

4 The Secretary of State may by regulations provide for an enactment that applies in relation to a relevant authority, or a committee of a relevant authority, to apply, with or without modification, in relation to a group of individuals appointed under subsection (2)(b).

5 The Secretary of State may by regulations make provision about—

a the membership of an audit committee;

b the appointment of the members;

c payment to the members of allowances, expenses, gratuities or pensions.

6 Provision must be made under subsection (5) so as to ensure that at least one member of an audit committee is an independent person, as defined by the regulations.

7 Regulations under subsection (5)(c) may, in particular, make provision applying provision made, or corresponding to any provision that could be made, under section 18 of the Local Government and Housing Act 1989 or section 100 of the Local Government Act 2000.

8 Subsection (5)(c) does not affect the application of the enactments referred to in subsection (7), or provision made under them, in relation to members of an audit committee.

9 In the case of a relevant authority within subsection (2)(a), the powers of the authority in relation to its committees are to be taken to include (so far as they would otherwise not)—

a the powers necessary to give effect to regulations under subsection (5), and

b the power to appoint to its audit committee persons who are not members of the authority (even where not required by regulations under subsection (5)).

10 A relevant authority must have regard to any guidance issued by the Secretary of State in relation to audit committees.

11 References in this section to a committee of a relevant authority include a sub-committee of such a committee.

95 Review of audit and reporting arrangements at Secretary of State’s request¶

In the Local Audit and Accountability Act 2014, after section 33A (inserted by section 94) insert—

33B Review of audit and reporting arrangements at Secretary of State’s request

1 If requested to do so by the Secretary of State, the Local Audit Office must—

a carry out a review of a relevant authority’s audit and reporting arrangements, and

b report the findings of the review to the authority and the Secretary of State.

2 An authority’s “audit and reporting arrangements” are the arrangements it has (or recently had) in place for the purposes of—

a enabling it to discharge its functions under this Act, or

b enabling a local auditor to discharge its functions in relation to the authority.

3 A request by the Secretary of State under this section—

a may require or permit the review to be limited to certain aspects of the authority’s audit and reporting arrangements;

b must specify the time by which the Office is to submit its report;

c may be varied or withdrawn by notice to the Office.

4 Section 22 (right to documents and information) applies in relation to the Office and its functions under this section as it applies in relation to a local auditor and its functions under this Act.

5 But section 23 (offences of obstruction and non-compliance) does not apply in relation to section 22 as applied by subsection (4) (“the applied section 22”).

6 If the High Court is satisfied, on an application by the Office, that any person has—

a obstructed the exercise of any power conferred by the applied section 22, or

b failed to comply with any requirement of the applied section 22,

it may order the person to take such steps as it considers will remedy the obstruction or non-compliance.

7 The Secretary of State must publish a summary of any findings reported under this section.

96 Smaller authorities: change of terminology¶

1 In sections 5 and 6 of the Local Audit and Accountability Act 2014 (smaller authorities), for “smaller”, in each place it occurs except section 5(6)(b), substitute “category 2”.

2 In any regulations, guidance or other instrument made or issued under that Act before this section comes into force, any reference to a smaller authority is to be read, in relation to matters arising after this section comes into force, as a reference to a category 2 authority.

97 Power to provide for smaller authority treatment in previous years where audit outstanding¶

1 The Secretary of State may by regulations make provision applying in a case set out in subsection (2) and having the effect set out in subsection (3).

2 The case is one in which an audit has not been completed in relation to the accounts of a relevant authority other than a smaller authority for any of the following financial years—

a that ending with 31 March 2023,

b that ending with 31 March 2024, and

c that ending with 31 March 2025.

3 The effect is that of enabling an audit to be carried out or completed, or anything in relation to the audit to be done, as if the relevant authority had been a smaller authority for the financial year or years in question.

4 Subsections (2) and (3) are to be read as if they were contained in the Local Audit and Accountability Act 2014 (as it has or had effect in relation to the financial years concerned).

5 Regulations under this section may modify any time limit (whether or not it has already been reached).

6 Regulations under this section are subject to negative resolution procedure.

98 Amendment paving way for separation of LGPS accounts¶

In section 20 of the Local Audit and Accountability Act 2014 (general duties of auditors), for subsection (3) substitute—

99 Minor and consequential amendments¶

Schedule 36 makes further amendments in connection with local audit.

Part 5 Business tenancies: rent reviews and arrangements for new tenancies¶

100 Rent reviews and arrangements for new tenancies¶

1 After section 54 of the Landlord and Tenant Act 1954 insert—

2 Schedule 37 inserts the new Schedules 7A and 7B into the Landlord and Tenant Act 1954 and otherwise amends that Act.

Part 6 Final provisions¶

101 Interpretation¶

1 In this Act—

“area of competence” has the meaning given in section 2;
“category of strategic authorities” means each of the following—
1. the single foundation strategic authorities;
2. the combined foundation strategic authorities;
3. the mayoral strategic authorities except the established mayoral strategic authorities;
4. the established mayoral strategic authorities;
“CCA” means a combined county authority established under section 9(1) of LURA 2023;
“combined authority” means a combined authority established under section 103 of LDEDCA 2009;
“county council” means a county council in England;
“established”, in relation to a mayoral strategic authority, has the meaning given in section 1;
“foundation strategic authority” means—
1. a single foundation strategic authority, or
2. a combined foundation strategic authority;
“FRSA 2004” means the Fire and Rescue Services Act 2004;
“GLA” means the Greater London Authority;
“GLA functional body” means a functional body within the meaning of the GLAA 1999 (see section 424 of that Act);
“GLAA 1999” means the Greater London Authority Act 1999;
“LDEDCA 2009” means the Local Democracy, Economic Development and Construction Act 2009;
“legislation” means—
1. an Act of Parliament, or
2. secondary legislation;
“LGA 1972” means the Local Government Act 1972;
“LGA 1985” means the Local Government Act 1985;
“LGA 2000” means the Local Government Act 2000;
“LGFA 1988” means the Local Government Finance Act 1988;
“LGPIHA 2007” means the Local Government and Public Involvement in Health Act 2007;
“LURA 2023” means the Levelling-up and Regeneration Act 2023;
“mayor for an EMSA” means—
1. the mayor for the area of a mayoral combined authority, or mayoral CCA, that is an established mayoral strategic authority, or
2. the Mayor of London;
“mayoral CCA” or “mayoral combined county authority” means a CCA for an area for which provision is made in regulations under section 27(1) of the Levelling-up and Regeneration Act 2023 for there to be a mayor;
“mayoral combined authority” means a combined authority for an area for which provision is made in an order under section 107A of LDEDCA 2009 for there to be a mayor;
“mayoral strategic authority” has the meaning given in section 1;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“non-mayoral CCA” or “non-mayoral combined county authority” means a CCA which is not a mayoral CCA;
“non-mayoral combined authority” means a combined authority which is not a mayoral combined authority;
“PRSRA 2011” means the Police Reform and Social Responsibility Act 2011;
“secondary legislation” means any instrument under an Act of Parliament;
“strategic authority”, in relation to a mayoral strategic authority, has the meaning given in section 1;
“unitary district council” means a district council (in England) whose area does not form part of the area of a county council.

102 Saving of orders and regulations relating to combined authorities and CCAs¶

1 This section applies to any provision of any subordinate legislation made under—

a Part 6 of LDEDCA 2009, or

b Chapter 1 of Part 2 of LURA 2023,

before this section comes into force (the “subordinate legislation”).

2 The provision made by Part 1 or 2 of this Act (the “primary legislation”) does not impliedly amend, modify or revoke the subordinate legislation.

3 Accordingly—

a the primary legislation does not affect any contrary subordinate legislation; and

b the primary legislation has effect subject to the contrary subordinate legislation.

4 For that purpose “contrary subordinate legislation” means any of the subordinate legislation that—

a makes provision which is to continue to apply instead of the primary legislation by virtue of subsection (2), or

b makes modifications or other contrary provision to which the primary legislation is to continue to be subject by virtue of subsection (2).

5 For provision about the relationship between—

a the powers under which the subordinate legislation is made, and

b the primary legislation,

see section 104CC of LDEDCA 2009 or section 24C of LURA 2023 (inserted by section 7 of this Act).

6 This section does not prevent the exercise of the power conferred by section 103 to make amendments, modifications or revocations of the subordinate legislation that are consequential on the primary legislation.

7 A reference in this section to the provision made by Part 1 or 2 of this Act includes any legislation as amended by that provision.

103 Power to make consequential provision¶

1 The Secretary of State may by regulations make provision that is consequential on this Act.

2 Regulations under this section may amend or repeal provision made by an Act of Parliament passed before, or in the same Session as, this Act.

3 Regulations under this section which amend or repeal provision made by an Act of Parliament (whether or not they also contain other provision) are subject to affirmative resolution procedure.

4 Any other regulations under this section are subject to negative resolution procedure.

104 Certain orders and regulations provided for by Parts 1 and 2¶

1 Section 117 of LDEDCA 2009 (orders and regulations) is amended in accordance with subsections (2) to (5).

2 In subsection (2) for “An order to which subsection (2A) applies” substitute “Subject to subsections (2A) and (3), an order under this Part”.

3 In subsection (2A)—

a for “This subsection applies to an order under this Part other than—” substitute “Subsection (2) does not apply to—”;

b before paragraph (a) insert—

;

c in paragraph (b), omit the second “or”;

d after paragraph (b) insert—

e at the end of paragraph (c) insert

4 In subsection (3A), after “107K(1)” insert “or Schedule 5AA”.

5 In subsection (5), for “(2A)(a) or (b)” substitute “(2A)(za) to (ba) or (2A)(d)”.

6 Section 252 of LURA 2023 (regulations) is amended in accordance with subsections (7) to (9).

7 In subsection (2)—

a for “(8)(a)” substitute “(8)(aa)”;

b before “, includes” insert “or (8)(l), or regulations under Schedule 1A”.

8 In subsection (5)(a)—

a after “subsection” insert “(8)(ac) or”;

b after “(c)” insert “or (8)(l)”.

9 In subsection (8), before paragraph (a) insert—

105 Regulations¶

1 Regulations under this Act are to be made by statutory instrument.

2 Any power to make regulations under this Act includes power to make—

a different provision for different purposes;

b incidental, supplementary or consequential provision;

c transitional or saving provision.

3 Where this Act provides that regulations are “subject to affirmative resolution procedure”, a statutory instrument containing the regulations may not be made unless a draft of it has been laid before, and approved by, each House of Parliament.

4 Where this Act provides that regulations are “subject to negative resolution procedure”, a statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

5 Any provision that may be made by regulations under this Act that are subject to negative procedure may be made by regulations that are subject to affirmative procedure.

6 If a draft of a statutory instrument containing regulations under this Act 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.

7 This section does not apply to regulations under section 108.

106 Financial provision¶

There is to be paid out of money provided by Parliament—

a any expenditure incurred under or by virtue of the Act by the Secretary of State, and

b any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.

107 Extent¶

1 This Act extends to England and Wales only.

2 That is subject to the following provisions of this section.

3 Any amendment or repeal has the same extent as the provision amended or repealed.

4 But section 24 and Schedule 7 extend to England and Wales only.

108 Commencement¶

1 On the day on which this Act is passed—

a this Part comes into force;

b the provisions referred to in subsection (3) come into force;

c any other provision of this Act comes into force (including provision modifying other legislation) so far as it confers power to make secondary legislation or is otherwise necessary for enabling the exercise of such a power on or after the day on which this Act is passed.

2 But none of the following provisions comes into force in accordance with subsection (1)(c)—

a section 11 (and Schedules 4 and 5) (mayoral combined authorities & CCAs: overview and scrutiny committees);

b section 26 (and Schedule 9) (charges payable by undertakers executing works in maintainable highways);

c Chapter 6 of Part 3 (licensing of taxis and private hire vehicles);

3 The provisions that come into force in accordance with subsection (1)(b) are—

a section 1 (strategic authorities);

b section 2 (areas of competence);

c section 4 (and Schedule 1) (combined authorities and CCAs: establishment, expansion and functions), apart from paragraphs 18 and 39 of Schedule 1 and any provision of that Schedule so far as relating to any of those paragraphs;

d section 5 (combined authorities and CCAs: functions generally);

e section 6 (and Schedule 2) (combined authorities and CCAs: decision-making and validity of proceedings);

f section 7 (combined authorities and CCAs: powers not limited by other provision or powers);

g section 9 (and Schedule 3) (appointment of commissioners by mayors);

h section 14 (levies);

i section 15 (combined authorities and CCAs: minor amendments);

j section 18 (functions of mayors of combined authorities or CCAs);

k section 19 (the “general functions” of mayors);

l section 21 (and Schedule 6) (extension of general power of competence to strategic authorities) so far as they relate to mayoral combined authorities and mayoral CCAs;

m section 25 (and Schedule 8) (arrangements to carry out works on highways);

n section 27 (and Schedule 10) (civil enforcement of traffic contraventions);

o section 29 (and Schedule 11) (key route network roads);

p section 30 (constituent councils to act in accordance with local transport plans etc);

q section 31 (and Schedule 12) (local transport authorities and other transport functions);

r section 32 (and Schedule 13) (education);

s section 36 (and Schedule 18) (acquisition and development of land);

t section 37 (and Schedule 19) (housing accommodation);

u section 38 (and Schedule 20) (mayoral development corporations);

v section 40 (and Schedule 21) (assessment of economic conditions);

w section 42 (Local Government Act 2003: expenditure grant);

x section 44 (and Schedule 23) (miscellaneous local authority functions);

y section 45 (health improvement and health inequalities duty);

z section 50 (sharing of information);

z1 section 52 (encouragement of visitors and promotion of visitors).

4 The provisions of this Act come into force in accordance with subsection (5) or (6) (if, or to the extent that, they do not come into force in accordance with subsection (1)).

5 The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

a section 3 (single foundation strategic authorities);

b section 8 (combined authorities and CCAs: designation as established mayoral strategic authorities);

c section 10 (combined authorities and CCAs: allowances for members with special responsibilities);

d section 13 (power to borrow);

e section 16 (additional functions of the GLA);

f section 17 (members of legislatures disqualified for being a mayor of strategic authority);

g section 20 (report under section 1 of the Cities and Local Government Devolution Act 2016);

h section 21 (and Schedule 6) (extension of general power of competence to strategic authorities), except so far as they relate to mayoral combined authorities and mayoral CCAs;

i section 22 (power of mayors to convene meetings with local partners);

j section 23 (duty of mayors to collaborate);

k section 28 (restrictions on disposal of land by Transport for London);

l section 41 (and Schedule 22) (local growth plans);

m section 46 (functions of police and crime commissioners);

n section 47 (and Schedule 24) (PCCs and police areas);

o section 48 (and Schedule 25) (functions of fire and rescue authorities);

p section 49 (mayor with PCC and fire and rescue functions);

q section 51 (and Schedule 26) (licensing functions of the GLA and the Mayor of London);

r section 53 (requests by mayors of EMSAs for changes);

s section 54 (and Schedule 27) (regulations relating to functions of strategic authorities and mayors);

t section 55 (health service functions: application of existing limitations on devolution);

u section 56 (incidental etc provision);

v section 57 (transfer of property, rights and liabilities);

w section 58 (prohibition of secondary legislation removing functions);

x section 59 (and Schedule 28) (single tiers of local government);

y section 60 (certain functions of shadow authorities for single tiers of local government);

z section 61 (and Schedule 29) (local authority governance and executives);

z1 section 64 (limit on delay of election in connection with local government reorganisation);

z2 section 65 (publication of addresses of members etc in authority registers);

z3 section 88 (and Schedule 33) (extension of general power of competence to English National Park authorities and the Broads Authority).

6 This Act comes into force on such day or days as the Secretary of State may by regulations appoint (if, and to the extent that, it does not come into force in accordance with subsection (1) or (5)).

7 Any reference in this Act to the coming into force of a provision is to its coming into force other than for the purpose of making secondary legislation.

8 A power under this section to appoint a day may be exercised to appoint different days for different purposes or areas.

9 The Secretary of State may, by regulations, make transitional or saving provision in connection with the coming into force of any provision of this Act.

10 The power to make regulations under this section includes power to make different provision for different purposes or areas.

11 Regulations under this section are to be made by statutory instrument.

109 Short title¶

This Act may be cited as the English Devolution and Community Empowerment Act 2026.

Schedules

Schedule 1 ¶

Establishment, expansion and functions of combined authorities and CCAs

Section 4

Part 1 Combined authorities¶

1 LDEDCA 2009 is amended as follows.

2 In section 104 (constitution and functions: transport)—

a in subsection (10)—

i in the opening words, for “section 107ZA(7)” substitute “subsections (10A), (11B) and (12)”;

ii in the opening words, for “a combined authority” substitute “an existing combined authority”;

iii in paragraph (b), omit “in the case of an order in relation to an existing combined authority,”;

b after subsection (10) insert—

;

c in subsection (11), for the opening words substitute “In this Part “constituent council”, in relation to a combined authority, means—”;

d omit subsection (11A).

3 In section 104A (non-constituent members of a combined authority), omit subsection (7).

4 In section 105 (constitution and functions: local authority functions generally)—

a in subsection (3A)—

i in the opening words, for “a combined authority” substitute “an existing combined authority”;

ii in paragraph (a), omit “(as defined by section 104(11))”;

iii in paragraph (b), omit “in the case of an order in relation to an existing combined authority,”;

b after subsection (3A) insert—

;

c in subsection (3B), after “is” insert “also”.

5 In section 105B (section 105A orders: procedure)—

a for subsection (1) substitute—

;

b for subsection (2) substitute—

;

c omit subsections (3) to (5);

d omit subsection (12).

6 After section 105B insert—

7 After section 105C (inserted by paragraph 6 of this Schedule) insert—

8 In section 106 (changes to boundaries of a combined authority’s area), omit subsections (3A) to (3D).

9 In section 107 (dissolution of a combined authority’s area), omit subsections (2) and (3).

10 In section 107ZA (designation of key route network roads)—

a omit subsections (7) and (8);

b in subsection (9), omit the definitions of “constituent council” and “eligible power”.

11 For section 107B substitute—

107B Requirements in connection with orders under section 107A

1 The Secretary of State may make an order under section 107A for there to be a mayor for the area of an existing combined authority only if the requirements under subsection (2), (3) or (4) are met (and for any further requirements in relation to such order see section 113 (requirements in connection with changes to existing combined arrangements)).

2 The requirement under this subsection is that a proposal for there to be a mayor for the authority’s area has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).

3 The requirements under this subsection are that—

a the order does not confer any additional functions on the authority, and

b the order has been consented to in writing by each constituent council and the combined authority.

4 The requirements under this subsection are that the order implements a proposal that the Secretary of State is satisfied that the constituent councils and the combined authority have consented to in principle.

12 In section 107D (functions of mayors: general)—

a for subsection (9) substitute—

b for subsection (10) substitute—

13 In section 107DA (procedure for direct conferral of general functions on mayor), omit subsection (5).

14 In section 107EB (section 107EA orders: procedure), in subsection (12), omit the definition of “constituent councils”.

15 In section 109A (proposal for new combined authority)—

a in the heading, at the end insert “(locally led)”;

b in subsection (4), for paragraph (a) substitute—

;

c after subsection (4) insert—

;

d omit subsection (7).

16 For section 110 substitute—

110 Requirements in connection with establishment of combined authority

1 The Secretary of State may make an order establishing a combined authority for an area (whether or not including other provision made under this Part) only if the following requirements are met in relation to the order.

2 The Secretary of State considers that the statutory test is met.

3 The order must—

a implement a proposal submitted to the Secretary of State in accordance with section 109A (proposal for new combined authority - locally led), with or without modifications, or

b implement a proposal which the Secretary of State is satisfied that the constituent councils have consented to in principle.

4 If the order falls under subsection (3)(a) or (b), the consultation requirement must be met.

5 If the order falls under subsection ..., the Secretary of State must in making the order have regard to any representations received before the end of the period specified in the notice.

6 The “statutory test” is that it is appropriate to make the order in relation to the area having regard to the need to secure effective and convenient local government in relation to the areas of competence.

7 The “consultation requirement” is that the Secretary of State has consulted—

a if the order falls under subsection (3)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—

i the proposal that the order will implement, and

ii any modifications to that proposal;

b if the order falls under subsection (3)(b), the relevant consultees about the proposal.

8 Subsection (9) applies where the Secretary of State is considering whether to make an order establishing a combined authority 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.

9 In deciding whether to make the order, the Secretary of State must have regard to the likely effect of the creation of the proposed combined authority on the exercise of functions equivalent to those of the proposed combined authority's functions in each local government area that is next to any part of the proposed area.

10 The requirements of this section do not apply to an order to the extent that it includes provision made under section 107F (functions of mayors: policing).

11 In this section—

“areas of competence” has the meaning given by section 2 of the English Devolution and Community Empowerment Act 2026;
“proposed area” means the area for which the combined authority is proposed to be established;
the “relevant consultees”, in relation to subsection (7)(b) are—
1. the constituent councils, and
2. any other persons that the Secretary of State considers it appropriate to consult.

17 In section 112A (proposal for changes to existing combined arrangements)—

a in the heading, at the end insert “(locally led)”;

b in subsection (1)(a), for the words from “section 104” to “107F” substitute “any of the relevant sections”;

c after subsection (1) insert—

;

d in subsection (3), for paragraph (a), substitute—

;

e in subsection (5), after “an order” insert “under section 104, 105, 105A or 107D”;

f after subsection (5) insert—

;

g in subsection (6), after “(5)” insert “, (5A) or (5B)”;

h after subsection (6) insert—

;

i omit subsection (8);

j for subsection (9) substitute—

18 After section 112A insert—

112B Proposal to add an area to an existing area of a combined authority (Secretary of State directed)

1 The Secretary of State may prepare a proposal under this section for the making of an order under section 106 to add a local government area to an existing area of a combined authority only if the following requirements are met.

2 The local government area, or any part of it, is not within the area of a combined authority or combined county authority.

3 At the time the Secretary of State starts to prepare the proposal—

a no relevant proposals have been submitted to the Secretary of State in relation to the local government area (or any part of that area), or

b a relevant proposal has been so submitted but the Secretary of State does not consider it to be a viable proposal.

4 A “relevant proposal” is a proposal—

a under section 109A to establish a new combined authority;

b under section 45 of the Levelling-up and Regeneration Act 2023 to establish a new combined county authority;

c under section 112A to add an area to the existing area of a combined authority;

d under section 47 of the Levelling-up and Regeneration Act 2023 to add an area to the existing area of a combined county authority.

5 The Secretary of State has had regard to whether the statutory test would be met in relation to the order that the proposal would give effect to (and for that purpose the reference in the statutory test to “the area” is to the proposed area).

6 The Secretary of State must give notice of any proposal prepared under subsection (1) (including a copy of the proposal) to—

a any district council whose area would be added to the area of the combined authority,

b any county council any of whose area would be added to the area of the combined authority,

c if the combined authority is a mayoral combined authority, the mayor,

d the constituent councils of the combined authority, and

e any other persons that the Secretary of State considers appropriate.

7 The notice under subsection (6) must specify the period before the end of which any notified person may make representations in writing to the Secretary of State.

8 In this section—

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“notified person” means a person notified about a proposal under this section in accordance with subsection (6);
“proposed area” means the area of a combined authority after the local government area that is proposed to be added to it has been added to the area;
“statutory test” has the meaning given by section 110(6).

19 For section 113 substitute—

113 Requirements in connection with changes to existing combined arrangements

1 The Secretary of State may make an order under any of the relevant sections in relation to an existing combined authority only if—

a the Secretary of State considers that the statutory test is met, and

b any consultation required by subsection (3) or (4) has been carried out.

2 The “relevant sections” are—

a section 104 (constitution and functions: transport);

b section 105 (constitution and functions: local authority functions generally);

c section 105A (other public authority functions);

d section 107A (power to provide for election of mayor);

e section 107D (functions of mayors: general).

3 If the order implements a proposal submitted to the Secretary of State in accordance with section 112A, the Secretary of State must consult such persons (if any) as the Secretary of State considers it necessary to consult about the proposal.

4 In any other case, the Secretary of State must consult the relevant consultees.

5 Subsection (4) does not apply if the order is made in accordance with the requirements under section 107B(3).

6 The “relevant consultees” for the purposes of subsection (4)—

a in relation to a mayoral combined authority means—

i the constituent councils, and

ii the mayor;

b in relation a non-mayoral combined authority means—

i the constituent councils, and

ii the combined authority.

7 In this section, “statutory test” has the meaning given by section 110(6).

20 After section 113 (inserted by paragraph 19) insert—

113ZA Requirements in connection with boundary changes or dissolution of combined authority

1 The Secretary of State may make an order under section 106 (boundary changes) or 107 (dissolution) in relation to an existing combined authority only if the following requirements are met.

2 The Secretary of State considers that the statutory test is met.

3 For the purposes of subsection (2), the reference in the statutory test to “the area”—

a in relation to an order under section 106, means the area after the local government area in question has been added or removed, or

b in relation to an order under section 107, means the area of the combined authority.

4 The order must—

a implement a proposal submitted to the Secretary of State in accordance with section 112A, with or without modifications,

b implement a proposal of which notice was given under section 112B, with or without modifications, or

c implement a proposal which the Secretary of State is satisfied that the relevant consenting authorities have consented to in principle (see sections 113ZB and 113ZC: relevant consenting authorities).

5 If the order falls under subsection (4)(a) or (c), the consultation requirement must be met.

6 If the order falls under subsection (4)(b), the Secretary of State must in making the order have regard to any representations received before the end of the period specified in the notice.

7 The “consultation requirement” is that the Secretary of State has consulted—

a if the order falls under subsection (4)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—

i the proposal that the order will implement, and

ii any modifications to that proposal;

b if the order falls under subsection (4)(c), the relevant consultees about the proposal.

8 Subsection (9) applies where the Secretary of State is considering whether to make an order under section 106 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.

9 In deciding whether to make the order under section 106, the Secretary of State must have regard to the likely effect of the change to the combined authority's area on the exercise of functions equivalent to those of the combined authority's functions in each local government area that is next to any part of the area to be created by the order.

10 In this section—

“relevant consultee” —
1. in relation to an order under section 106 means—
  1. the council of the local government area to be added to or removed from the area of the combined authority;
  2. if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority;
  3. if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority;
  4. any other persons that the Secretary of State considers appropriate;
2. in relation to an order under section 107 means—
  1. the constituent councils of the combined authority that is to be abolished;
  2. if the combined authority that is to be abolished is a mayoral combined authority, the mayor of that authority;
  3. if the combined authority that is to be abolished is a non-mayoral combined authority, the combined authority;
  4. any other persons that the Secretary of State considers appropriate;
“statutory test” has the meaning given by section 110(6).

113ZB Relevant consenting authorities in relation to orders under section 106

1 The “relevant consenting authorities” in relation to an order under section 106 means—

a the relevant council for the local government area to be added to or removed from the area of the combined authority;

b if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority;

c if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority.

2 The “relevant council” in relation to a local government area for the purposes of subsection (1)(a) 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 district council whose area does not form part of the area of a county council, the district council;

c if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council.

3 If there are two relevant councils in relation to a local government area by virtue of subsection (2), the condition in subsection (1)(a) is met if—

a in the case of an order adding a local government area to an existing area of a combined authority, either or both of the relevant councils consent;

b in the case of an order removing a local government area from an existing area of a combined authority, both of the relevant councils consent.

4 Where the combined authority is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 113ZA(4)(c) is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

5 A 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.

113ZC Relevant consenting authorities in relation to orders under section 107

1 The “relevant consenting authorities” in relation to an order under section 107 to dissolve or abolish a combined authority means—

a a majority of the relevant councils;

b if the combined authority that is to be abolished is a mayoral combined authority, the mayor of that authority.

2 The “relevant councils” for the purposes of this section are—

a a county council whose area, or part of whose area, is within the area of the combined authority;

b a unitary district council whose area is within the area of the combined authority.

21 In section 113D (general power of competence)—

a in subsection (2), omit “(as defined by section 107B(5))”;

b for subsection (3) substitute—

Part 2 CCAs¶

22 LURA 2023 is amended as follows.

23 In section 10 (constitutional arrangements)—

a in subsection (8)—

i in the opening words, for “a CCA” substitute “an existing CCA”;

ii in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

b after subsection (8) insert—

;

c omit subsection (9).

24 In section 16 (funding)—

a in subsection (2)—

i in the opening words, for “a CCA” substitute “an existing CCA”;

ii in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

b after subsection (2) insert—

25 In section 18 (local authority functions)—

a in subsection (6)—

i in the opening words, for “a CCA” substitute “an existing CCA”;

ii in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

b after subsection (6) insert—

26 In section 20 (section 19 regulations: procedure)—

a for subsection (1) substitute—

b omit subsection (2);

c in subsection (4), for “appropriate consent to be given” substitute “appropriate authorities to consent”;

d in subsection (8)(b), omit “in the case of regulations in relation to an existing CCA,”.

27 In section 21 (integrated transport authority and passenger transport executive)—

a in subsection (5)—

i in the opening words, for “a CCA” substitute “an existing CCA”;

ii in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

b after subsection (5) insert—

28 In section 22 (directions relating to highways and traffic functions)—

a in subsection (11)—

i for the opening words, substitute “Regulations under subsection (1) may be made in relation to an existing CCA only with the consent of—”;

ii in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

b after subsection (11) insert—

29 In section 24 (designation of key route network roads)—

a omit subsections (7) and (8);

b in subsection (9), omit the definition of “eligible power”.

30 After section 24C (inserted by section 7 of this Act) insert—

31 After section 24D (inserted by paragraph 31 of this Schedule) insert—

32 In section 25 (changes to boundaries of a CCA’s area), omit subsections (6) to (10).

33 In section 26 (dissolution of a CCA’s area), omit subsection (4).

34 For section 28 substitute—

28 Requirements in connection with regulations under section 27

1 The Secretary of State may make regulations under section 27(1) for there to be a mayor for the area of an existing CCA only if the requirements under subsection (2), (3) or (4) are met (and for any further requirements in relation to such regulations see section 48 (requirements in connection with changes to existing CCA)).

2 The requirement under this subsection is that a proposal for there to be a mayor for the CCA’s area has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).

3 The requirements under this subsection are that—

a the regulations do not confer any additional functions on the CCA, and

b the regulations have been consented to in writing by each constituent council and the CCA.

4 The requirements under this subsection are that the regulations implement a proposal that the Secretary of State is satisfied that the constituent councils and the CCA have consented to in principle.

35 In section 30 (functions of mayors: general)—

a for subsection (11) substitute—

;

b for subsection (12) substitute—

36 In section 45 (proposal for new CCA)—

a in the heading, at the end insert “(locally led)”;

b in subsection (4), for paragraph (a) substitute—

;

c after subsection (4) insert—

;

d omit subsection (7).

37 For section 46 substitute—

46 Requirements in connection with establishment of CCA

1 The Secretary of State may make regulations establishing a CCA for an area (whether or not including other provision made under this Part) only if the following requirements are met in relation to the regulations.

2 The Secretary of State considers that the statutory test is met.

3 The regulations must—

a implement a proposal submitted to the Secretary of State in accordance with section 45 (proposal for new CCA - locally led), with or without modifications, or

b implement a proposal which the Secretary of State is satisfied that the constituent councils have consented to in principle.

4 If the regulations fall under subsection (3)(a) or (b), the consultation requirement must be met.

5 If the regulations fall under subsection ..., the Secretary of State must in making the regulations have regard to any representations received before the end of the period specified in the notice.

6 The “statutory test” is that it is appropriate to make the regulations having regard to the need to secure effective and convenient local government across the area in relation to the areas of competence.

7 The “consultation requirement” is that the Secretary of State has consulted—

a if the regulations fall under subsection (3)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—

i the proposal that the regulations will implement, and

ii any modifications to that proposal;

b if the regulations fall under subsection (3)(b), the relevant consultees about the proposal.

8 Subsection (9) 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.

9 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.

10 The requirements of this section do not apply to regulations to the extent that they include provision made under section 33 (functions of mayors: policing).

11 In this section—

“areas of competence” has the meaning given by section 2 of the English Devolution and Community Empowerment Act 2026;
“proposed area” means the area for which the CCA is proposed to be established;
the “relevant consultees” means—
1. the constituent councils, and
2. any other persons that the Secretary of State considers it appropriate to consult.

38 In section 47 (proposal for changes to existing arrangements relating to CCA)—

a in the heading, at the end insert “(locally led)”;

b in subsection (1)(a), for the words from “section 10” to “33” substitute “any of the relevant sections”;

c after subsection (1) insert—

;

d in subsection (3), for paragraph (a), substitute—

;

e in subsection (5), after “regulations”, in the first place it occurs, insert “under section 10, 16, 18, 19, 21, 22, or 30”;

f after subsection (5) insert—

;

g in subsection (6), after “(5)” insert “,(5A) or (5B)”;

h after subsection (6) insert—

;

i omit subsection (7);

j for subsection (8) substitute—

39 After section 47 insert—

47A Proposal to add an area to an existing area of a CCA (Secretary of State directed)

1 The Secretary of State may prepare a proposal under this section to add a local government area to an existing area of a CCA only if the following requirements are met.

2 The local government area, or any part of it, is not within the area of a combined authority or CCA.

3 At the time the Secretary of State starts to prepare the proposal—

a no relevant proposals have been submitted to the Secretary of State in relation to the local government area (or any part of that area), or

b a relevant proposal has been so submitted but the Secretary of State does not consider it to be a viable proposal.

4 A “relevant proposal” is a proposal—

a under section 109A of the Local Democracy, Economic Development and Construction Act 2009 to establish a new combined authority;

b under section 45 to establish a new combined county authority;

c under section 112A of the Local Democracy, Economic Development and Construction Act 2009 to add an area to the existing area of a combined authority;

d under section 47 to add an area to the existing area of a combined county authority.

5 The Secretary of State has had regard to whether the statutory test would be met in relation to the regulations that would give effect to the proposal (and for that purpose the reference in the statutory test to “the area” is to the proposed area).

6 The Secretary of State must give notice of any proposal prepared under subsection (1) (including a copy of the proposal) to—

a any county council whose area would be added to the area of the CCA,

b any unitary district council whose area would be added to the area of the CCA,

c if the CCA is a mayoral CCA, the mayor,

d the constituent councils of the CCA, and

e any other persons that the Secretary of State considers appropriate.

7 The notice under subsection (6) must specify the period before the end of which any notified person may make representations in writing to the Secretary of State.

8 In this section—

“notified person” means a person notified about a proposal under this section in accordance with subsection (6);
“proposed area” means the area of a CCA after the local government area that is proposed to be added to it has been added to the area;
“statutory test” has the meaning given by section 46(6).

40 For section 48 substitute—

48 Requirements for changes to existing arrangements relating to CCA

1 The Secretary of State may make regulations under any of the relevant sections in relation to an existing CCA only if—

a the Secretary of State considers that the statutory test is met, and

b any consultation required by subsection (3) or (4) has been carried out.

2 The relevant sections are—

a section 10 (constitutional arrangements);

b section 16 (funding);

c section 18 (local authority functions);

d section 19 (other public authority functions);

e section 21 (integrated transport authority and passenger transport executive);

f section 22 (directions relating to highways and traffic functions);

g section 27 (power to provide for election of mayor);

h section 30 (functions of mayors: general).

3 If the regulations implement a proposal submitted to the Secretary of State in accordance with section 47, the Secretary of State must consult such persons (if any) as the Secretary of State considers it necessary to consult about the proposal.

4 In any other case, the Secretary of State must consult the relevant consultees.

5 Subsection (4) does not apply if the regulations are made in accordance with the requirements under section 28(3).

6 The “relevant consultees” for the purposes of subsection (4)—

a in relation to a mayoral CCA means—

i the constituent councils, and

ii the mayor;

b in relation a non-mayoral CCA means—

i the constituent councils, and

ii the CCA.

7 In this section, “statutory test” has the meaning given by section 46(6).

41 After section 48 insert—

48A Requirements in connection with boundary changes or dissolution of CCA

1 The Secretary of State may make regulations under section 25 (boundary changes) or 26 (dissolution) in relation to an existing CCA only if the following requirements are met.

2 The Secretary of State considers that the statutory test is met.

3 For the purposes of subsection (2), the reference in the statutory test to “the area”—

a in relation to regulations under section 25, means the area after the local government area in question has been added or removed, or

b in relation to regulations under section 26, means the area of the CCA.

4 The regulations must—

a implement a proposal submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA, locally led), with or without modifications,

b implement a proposal of which notice was given under section 47A (proposal to add an area to an existing area of a CCA, Secretary of State directed), with or without modifications, or

c implement a proposal which the Secretary of State is satisfied that the relevant consenting authorities have consented to in principle (see sections 48B and 48C: relevant consenting authorities).

5 If the regulations falls under subsection (4)(a) or (c), the consultation requirement must be met.

6 If the regulations fall under subsection (4)(b), the Secretary of State must in making the regulations have regard to any representations received before the end of the period specified in the notice.

7 The “consultation requirement” is that the Secretary of State has consulted—

a if the regulations fall under subsection (4)(a), such persons (if any) as the Secretary of State considers it necessary to consult about the proposal that the regulations will implement;

b if the regulations fall under subsection (4)(c), the relevant consultees about the proposal.

8 Subsection (9) 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.

9 In deciding whether to make 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.

10 In this section—

“relevant consultee”—
1. in relation to regulations under section 25 means—
  1. the council of the local government area to be added to or removed from the area of the CCA;
  2. if the CCA that the local government area is to be added to or removed from is a mayoral CCA, the mayor of the CCA;
  3. if the CCA that the local government area is to be added to or removed from is a non-mayoral CCA, the CCA;
  4. any other persons that the Secretary of State considers appropriate;
2. in relation to regulations under section 26 means—
  1. the constituent councils of the CCA that is to be abolished,
  2. if the CCA that is to be abolished is a mayoral CCA, the mayor of the CCA;
  3. if the CCA that is to be abolished is a non- mayoral CCA, the CCA;
  4. any other persons that the Secretary of State considers appropriate;
“statutory test” has the meaning given by section 46(6).

48B Relevant consenting authorities in relation to regulations under section 25

1 The “relevant consenting authorities” in relation to regulations under section 25 means—

a the relevant council in relation to the relevant local government area to be added to or removed from the area of the CCA, and

b if the CCA that the local government area is to be added to or removed from is a mayoral CCA, the mayor of the CCA;

c if the CCA that the local government area is to be added to or removed from is a non-mayoral CCA, the CCA.

2 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.

3 Where a CCA is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 48A(4)(c) 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.

4 A reference in subsection (3) 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.

48C Relevant consenting authorities in relation to regulations under section 26

The “relevant consenting authorities” in relation to regulations under section 26 means—

a a majority of the constituent councils, and

b if the CCA to be abolished is a mayoral CCA, the mayor for the area of the authority.

42 In section 52 (general power of competence)—

a in subsection (2) omit “(as defined by section 28(4)”;

b for subsection (3) substitute—

Schedule 2 ¶

Decision-making and exercise of functions

Section 6

Planning and Compulsory Purchase Act 2004¶

1 The provisions of the Planning and Compulsory Purchase Act 2004 referred to in paragraphs 2 to 4 are inserted by section 58 of the Planning and Infrastructure Act 2025.

2 In section 12A of the Planning and Compulsory Purchase Act 2004 (spatial development strategy to be produced by strategic planning authorities), after subsection (3) insert—

1 Section 12L of the Planning and Compulsory Purchase Act 2004 (adoption of spatial development strategy) is amended in accordance with this paragraph.

2 In subsection (4), for “Subsection (5) applies” substitute “Subsections (4A) to (5) apply”.

3 For subsections (4) and (5) substitute—

4 Subsections (4A) to (5) apply in relation to the adoption of a spatial development strategy by—

a a combined authority, or

b a combined county authority.

4A In the case of a non-mayoral combined authority or non-mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority.

4B In the case of a mayoral combined authority or mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the relevant members present and voting on that resolution at a meeting of the authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor.

4C But if—

a the office of mayor is vacant, and

b there is no deputy mayor,

the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority.

4D In the case of a resolution by a non-mayoral combined authority or non-mayoral combined county authority—

a each constituent member has one vote;

b in the case of a tied vote—

i no person has a casting vote; and

ii the authority must be regarded as having disagreed to the question that the decision should be made.

5 In the case of a resolution of a mayoral combined authority or mayoral combined county authority—

a each relevant member has one vote;

b in the event of a tied vote then (unless it is a case where subsection (4C) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have).

4 After subsection (7) insert—

8 In this section—

“constituent member”, in relation to a combined authority or combined county authority—
1. means a person appointed by a constituent council to be a member of the authority; and
2. also includes a person acting as a member of the authority in the absence of such a member;
and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority);
“relevant member”, in relation to mayoral combined authority or mayoral combined county authority means—
1. a constituent member, or
2. the mayor,
and also includes the deputy mayor acting in place of the mayor.

4 In section 12X of the Planning and Compulsory Purchase Act 2004 (interpretation), in subsection (1), after the definition of “national development management policy”, insert—

5 Local Government and Housing Act 1989¶

In section 13 of LGHA 1989 (voting rights of members of certain committees: England and Wales), before subsection (6) insert—

5B Nothing in this section prevents the appointment of any of the following as a voting member of a committee or sub-committee of a combined authority or combined county authority—

a a person who is a member of a constituent council of that authority;

b a person who is a non-constituent member of that authority, if that authority has resolved that that person is to be a voting member of that committee or sub-committee.

5C In subsection (5B)—

“combined authority” has the same meaning as in section 21(1)(jb);
“combined county authority” has the same meaning as in section 21(1)(jba);
“constituent council” means—
1. in relation to a combined authority—
  1. a county council the whole or any part of whose area is within the area of the authority, or
  2. a district council whose area is within the area of the authority;
2. in relation to a combined county authority—
  1. a county council for an area within the area of the authority, or
  2. a unitary district council for an area within the area of the authority;
  and here “unitary district council” means a district council whose area does not form part of the area of a county council;
“non-constituent member” has the same meaning—
1. as in section 104A of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority;
2. as in section 11 of the Levelling-up and Regeneration Act 2023 in relation to a combined county authority;
“resolved” means—
1. in relation to a combined authority, resolved under section 104A(4) of the Local Democracy, Economic Development and Construction Act 2009;
2. in relation to a combined county authority, resolved under section 11(4) of the Levelling-up and Regeneration Act 2023.

6 Local Government Act 1972¶

1 Section 101 of LGA 1972 (arrangements for discharge of functions by local authorities) is amended in accordance with this paragraph.

2 For subsection (1D) substitute—

3 For subsection (1F) substitute—

Schedule 3 ¶

Commissioners

Section 9

Schedule 2A to LURA 2023¶

1 After Schedule 2 to LURA 2023 insert—

Schedule 2A

Commissioners

Section 29A

1 Application of Schedule

This Schedule applies to commissioners appointed by the mayor for the area of a CCA (see section 29A).

2 Persons ineligible for appointment

1 The appointment of an ineligible person as a commissioner is of no effect.

2 The appointment of a person ceases to have effect if a person becomes ineligible after appointment as a commissioner.

3 For the purposes of this paragraph a person is “ineligible” if the person—

a is disqualified for being elected or holding office as the mayor for the area of a CCA under paragraph 8, 9 or 9A of Schedule 2, or

b is the mayor or deputy mayor for the area of the CCA to which the appointment relates.

4 But being a commissioner does not make a person ineligible by virtue of paragraph 8(1)(a) of Schedule 2 (as applied by sub-paragraph (3)(a)) — instead see paragraph 4(3).

5 Any defect in the appointment of a person as a commissioner, or in the qualifications of a person appointed as a commissioner, does not affect the validity of anything done by the person as commissioner.

3 Terms and conditions of appointment

1 The mayor must determine the terms and conditions of a person’s appointment as a commissioner.

2 But that is subject to the provisions of this Schedule.

4 Commissioner to work in only one area of competence

1 The terms and conditions must provide for the person’s work as commissioner to relate to one of the areas of competence (the commissioner’s “special” area of competence), whether by relating to—

a one or more aspects of that area of competence, or

b that area of competence generally.

2 This paragraph does not prevent a person’s work as a commissioner from relating incidentally—

a to any area of competence other than the commissioner’s special area, or

b to matters outside any of the areas of competence.

3 The appointment of a person as a commissioner (the “invalid appointment”) is of no effect if (in the absence of this paragraph) the person would, at any particular time, be serving—

a as commissioner under the invalid appointment, and

b as commissioner under another appointment made before, or at the same time as, the invalid appointment—

i under section 29A (whether or not in relation to the same CCA as the invalid appointment), or

ii under section 107CA of the Local Democracy, Economic Development and Construction Act 2009 (appointments by mayors of combined authorities).

5 Duration of appointment

1 The terms and conditions must provide for a person’s appointment as a commissioner to end on or before the last day of the relevant term of office of the mayor making the appointment.

2 If the mayor who made the appointment ceases to hold office before the last day of the relevant term of office—

a any arrangements under section 30(3)(ba) for the commissioner to exercise functions cease to have effect;

b the commissioner must not carry out any work as commissioner, except work in preparation for the ending of the appointment in accordance with paragraph (c); and

c the appointment as commissioner ends with the earlier of the following days—

i the day on which a person next becomes mayor for the area of the CCA;

ii the last day of the period of three months beginning with the day on which the mayor ceases to hold office.

3 In this paragraph “relevant term of office”, in relation to an appointment of a person as a commissioner made by a mayor, means the term of office of the mayor during which, or in relation to which, the appointment is made.

6 Limitation on delegation of functions

1 The power of the mayor to arrange under section 30(3)(ba) for a commissioner to exercise a function is subject to this paragraph.

2 The mayor may not arrange for a commissioner to exercise—

a any function of approving—

i a local growth plan under section 32A,

ii a local transport plan under Part 2 of the Transport Act 2000,

iii a spatial development strategy under Part 2 of the Planning and Compulsory Purchase Act 2004, or

iv any other document that is specified for the purposes of this paragraph in regulations made by the Secretary of State;

b any function of making or terminating the appointment of a person as a member of staff or holder of any office or role (whether as an employee or otherwise);

c any function of a police and crime commissioner that is exercisable by the mayor or the deputy mayor for policing and crime;

d excepted fire and rescue functions.

3 The mayor must obtain the consent of the CCA to any arrangement for a commissioner to exercise a function; but this does not apply to a function that is exercisable only by the mayor on behalf of the CCA.

4 The mayor may not arrange for a commissioner to exercise a function except in relation to the commissioner’s special area of competence.

5 That does not prevent the mayor from arranging for the commissioner to exercise the function incidentally in relation—

a to any area of competence other than the commissioner’s special area, or

b to matters outside any of the areas of competence.

6 In this paragraph “excepted fire and rescue functions” means—

a functions under the following provisions of the FRSA 2004—

i section 13 (reinforcement schemes);

ii section 15 (arrangements with other employers of fire-fighters);

iii section 16 (arrangements for discharge of functions by others);

b the functions of—

i appointing, suspending or dismissing the chief fire officer;

ii approving the terms of appointment of the chief fire officer;

iii holding the chief fire officer to account for managing the fire and rescue service;

c approving—

i the community risk management plan;

ii the fire and rescue declaration;

d approving plans, modifications to plans and additions to plans for the purpose of ensuring that—

i as far as reasonably practicable, the CCA is able to perform its fire and rescue functions if an emergency occurs, and

ii the CCA is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;

e approving any arrangements for the co-operation of the CCA in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of—

i the performance of the CCA’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise);

ii any duties under subordinate legislation made in exercise of powers under that Act.

7 In sub-paragraph (6) and this sub-paragraph—

“Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental);
“chief fire officer” means the person with responsibility for managing the fire and rescue service;
“community risk management plan” means a plan which—
1. is prepared and published by the CCA in accordance with the Fire and Rescue National Framework, and
2. sets out for the period covered by the document in accordance with the requirements of the Framework—
  1. the CCA’s priorities and objectives, and
  2. an assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the discharge of the CCA’s fire and rescue functions;
“emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”);
“fire and rescue authority” means a fire and rescue authority under the FRSA 2004;
“fire and rescue declaration” means a document which—
1. is prepared and published by the CCA in accordance with the Fire and Rescue National Framework, and
2. contains a statement of the way in which the CCA has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the CCA for that period;
“fire and rescue functions” means—
1. functions of a fire and rescue authority which the CCA has by virtue of regulations under section 19, or
2. functions which the CCA has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the FRSA 2004;
“Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRSA 2004;
“fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under—
1. section 6 of the FRSA 2004 (fire safety);
2. section 7 of the FRSA 2004 (fire-fighting);
3. section 8 of the FRSA 2004 (road traffic accidents);
4. any applicable order under section 9 of the FRSA 2004 (emergencies);
5. section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise) and any applicable subordinate legislation made under that Act;
6. any other provision of, or made under, an enactment which confers functions on a fire and rescue authority;
“FRSA 2004” means the Fire and Rescue Services Act 2004.

7 Allowances

1 A CCA may—

a make a scheme providing for the payment of allowances to commissioners appointed by the mayor for the area of the CCA, and

b pay allowances in accordance with the scheme.

2 A CCA may only make a scheme if—

a the CCA has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and

b the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel.

3 A CCA which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts).

4 In this section “relevant remuneration panel” means a panel that is specified, or of a description specified, in regulations made by the Secretary of State for the purposes of this paragraph.

8 Ending of appointment

The appointment of a person as a commissioner ends if—

a the appointment ceases to have effect in accordance with paragraph 2(2)or 4(3),

b the appointment ends—

i in accordance with the terms and conditions included by virtue of paragraph 5(1), or

ii in accordance with paragraph 5(2),

c the appointment is terminated in accordance with its terms and conditions or otherwise in accordance with contract law—

i by the mayor for the area of the CCA (whether that is the person who made the appointment or a successor), or

ii by the commissioner,

d the appointment ceases to have effect in accordance with paragraph 9(4), or

e the commissioner dies.

9 Role of overview and scrutiny committees

1 The power which the CCA’s overview and scrutiny committee has (or its overview and scrutiny committees have between them) in accordance with paragraph 1(3) of Schedule 1 must include power to recommend that a commissioner’s appointment is terminated.

2 If a recommendation is made that a commissioner’s appointment is terminated, the CCA must decide whether or not to accept the recommendation.

3 A decision to accept the recommendation must be made by a two thirds majority of the non-mayoral members, or substitute members acting in their place, of the CCA present and voting on the question at a meeting of the authority.

4 If a decision is made to accept the recommendation, the commissioner’s appointment ceases to have effect when the decision is made.

5 In this paragraph “non-mayoral members”, in relation to a CCA, means the members of the CCA other than the mayor.

10 Powers of appointment and termination exercisable on behalf of the CCA

1 The powers to make and terminate the appointment of a person as a commissioner are (by virtue of section 30(1A)) powers of the CCA exercisable only by the mayor on behalf of the CCA.

2 Accordingly, if a person is appointed as a commissioner—

a under a worker’s contract, the CCA is the employer;

b under a contract other than a worker’s contract, the contract is between the CCA and the commissioner;

c otherwise than under a contract, the commissioner holds office under the CCA.

3 In this paragraph “worker’s contract” and “employer” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act).

11 Guidance

1 The Secretary of State may issue guidance about the selection or appointment of commissioners.

2 The mayors for the areas of CCAs must take account of any such guidance.

3 The Secretary of State may issue guidance about the exercise of the function under paragraph 6(3) of consenting to arrangements for a function to be exercisable by a commissioner.

4 CCAs must take account of any such guidance.

5 The Secretary of State may issue guidance about the exercise by CCAs of the powers conferred by paragraph 7 and guidance about compliance with the duty under that paragraph to produce and publish reports.

6 CCAs must take account of any such guidance.

7 The Secretary of State may issue guidance about the terms of reports produced by relevant remuneration panels for the purposes of paragraph 7.

8 Relevant remuneration panels must take account of any such guidance.

9 The Secretary of State may issue guidance about the making of recommendations under paragraph 9 to terminate the appointment of a person as commissioner.

10 The members of overview and scrutiny committees must take account of any such guidance.

2 In section 252 of LURA 2023 (regulations), in subsection (8), after paragraph (k) insert—

3 Schedule 5BA to LDEDCA 2009¶

After Schedule 5B to LDEDCA 2009 insert—

Schedule 5BA

Commissioners

Section 107CA

1 Application of Schedule

This Schedule applies to commissioners appointed by the mayor for the area of a combined authority (see section 107CA).

2 Persons ineligible for appointment

1 The appointment of an ineligible person as a commissioner is of no effect.

2 The appointment of a person ceases to have effect if a person becomes ineligible after appointment as a commissioner.

3 For the purposes of this paragraph a person is “ineligible” if the person—

a is disqualified for being elected or holding office as the mayor for the area of a combined authority under paragraph 9, 9A or 9B of Schedule 5B, or

b is the mayor or deputy mayor for the area of the combined authority to which the appointment relates.

4 But being a commissioner does not make a person ineligible by virtue of paragraph 8(1)(a) of Schedule 2 (as applied by sub-paragraph (3)(a)) — instead see paragraph 4(3).

3 Terms and conditions of appointment

1 The mayor must determine the terms and conditions of a person’s appointment as a commissioner.

2 But that is subject to the provisions of this Schedule.

4 Commissioner to work in only one area of competence

1 The terms and conditions must provide for the person’s work as commissioner to relate to one of the areas of competence (the commissioner’s “special” area of competence)., whether by relating to—

a one or more aspects of that area of competence, or

b that area of competence generally.

2 This paragraph does not prevent a person’s work as a commissioner from relating incidentally—

a to any area of competence other than the commissioner’s special area, or

b to matters outside any of the areas of competence.

3 The appointment of a person as a commissioner (the “invalid appointment”) is of no effect if (in the absence of this paragraph) the person would, at any particular time, be serving—

a as commissioner under the invalid appointment, and

b as commissioner under another appointment made before, or at the same time as, the invalid appointment—

i under section 107CA (whether or not in relation to the same combined authority as the invalid appointment), or

ii under section 29A of the Levelling-up and Regeneration Act 2023 (appointments by mayors of CCAs).

5 Duration of appointment

1 The terms and conditions must provide for a person’s appointment as a commissioner to end on or before the last day of the relevant term of office of the mayor making the appointment.

2 If the mayor who made the appointment ceases to hold office before the last day of the relevant term of office—

a any arrangements under section 107D(3)(ba) for the commissioner to exercise functions cease to have effect;

b the commissioner must not carry out any work as commissioner, except work in preparation for the ending of the appointment in accordance with paragraph (c); and

c the appointment as commissioner ends with the earlier of the following days—

i the day on which a person next becomes mayor for the area of the combined authority;

ii the last day of the period of three months beginning with the day on which the mayor ceases to hold office.

6 Limitation on delegation of functions

1 The power of the mayor to arrange under section 107D(3)(ba) for a commissioner to exercise a function is subject to this paragraph.

2 The mayor may not arrange for a commissioner to exercise—

a any function of approving—

i a local growth plan under section 107L,

ii a local transport plan under Part 2 of the Transport Act 2000,

iii a spatial development strategy under Part 2 of the Planning and Compulsory Purchase Act 2004, or

iv any other document that is specified for the purposes of this paragraph in an order made by the Secretary of State;

b any function of making or terminating the appointment of a person as a member of staff or holder of any office or role (whether as an employee or otherwise);

c any function of a police and crime commissioner that is exercisable by the mayor or the deputy mayor for policing and crime;

d excepted fire and rescue functions.

3 The mayor must obtain the consent of the combined authority to any arrangement for a commissioner to exercise a function; but this does not apply to a function that is exercisable only by the mayor on behalf of the combined authority.

4 The mayor may not arrange for a commissioner to exercise a function except in relation to the commissioner’s special area of competence.

5 That does not prevent the mayor from arranging for the commissioner to exercise the function incidentally in relation—

a to any area of competence other than the commissioner’s special area, or

b to matters outside any of the areas of competence.

6 In this paragraph “excepted fire and rescue functions” means—

a functions under the following provisions of the FRSA 2004—

i section 13 (reinforcement schemes);

ii section 15 (arrangements with other employers of fire-fighters);

iii section 16 (arrangements for discharge of functions by others);

b the functions of—

i appointing, suspending or dismissing the chief fire officer;

ii approving the terms of appointment of the chief fire officer;

iii holding the chief fire officer to account for managing the fire and rescue service;

c approving—

i the community risk management plan;

ii the fire and rescue declaration;

d approving plans, modifications to plans and additions to plans for the purpose of ensuring that—

i as far as reasonably practicable, the combined authority is able to perform its fire and rescue functions if an emergency occurs, and

ii the combined authority is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;

e approving any arrangements for the co-operation of the combined authority in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of—

i the performance of the combined authority’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise);

ii any duties under subordinate legislation made in exercise of powers under that Act.

7 In sub-paragraph (6) and this sub-paragraph—

“Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental);
“chief fire officer” means the person with responsibility for managing the fire and rescue service;
“community risk management plan” means a plan which—
1. is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, and
2. sets out for the period covered by the document in accordance with the requirements of the Framework—
  1. the combined authority’s priorities and objectives, and
  2. an assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the combined authority’s fire and rescue functions;
“emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”);
“fire and rescue authority” means a fire and rescue authority under the FRSA 2004;
“fire and rescue declaration” means a document which—
1. is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, and
2. contains a statement of the way in which the combined authority has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the combined authority for that period;
“fire and rescue functions” means—
1. functions of a fire and rescue authority which the combined authority has by virtue of an order under section 105A, or
2. functions which the combined authority has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the FRSA 2004;
“Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRSA 2004;
“fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under—
1. section 6 of the FRSA 2004 (fire safety);
2. section 7 of the FRSA 2004 (fire-fighting);
3. section 8 of the FRSA 2004 (road traffic accidents);
4. any applicable order under section 9 of the FRSA 2004 (emergencies);
5. section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise) and any applicable subordinate legislation made under that Act;
6. any other provision of, or made under, an enactment which confers functions on a fire and rescue authority;
“FRSA 2004” means the Fire and Rescue Services Act 2004.

7 Allowances

1 A combined authority may—

a make a scheme providing for the payment of allowances to commissioners appointed by the mayor for the area of the combined authority, and

b pay allowances in accordance with the scheme.

2 A combined authority may only make a scheme if—

a the combined authority has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and

b the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel.

3 A combined authority which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts).

4 In this section “relevant remuneration panel” means a panel that is specified, or of a description specified, in an order made by the Secretary of State for the purposes of this paragraph.

8 Ending of appointment

The appointment of a person as a commissioner ends if—

a the appointment ceases to have effect in accordance with paragraph 2(2)or 4(3),

b the appointment ends—

i in accordance with the terms and conditions included by virtue of paragraph 5(1), or

ii in accordance with paragraph 5(2),

c the appointment is terminated in accordance with its terms and conditions or otherwise in accordance with contract law—

i by the mayor for the area of the combined authority (whether that is the person who made the appointment or a successor), or

ii by the commissioner,

d the appointment ceases to have effect in accordance with paragraph 9(4), or

e the commissioner dies.

9 Role of overview and scrutiny committees

1 The power which the combined authority’s overview and scrutiny committee has (or its overview and scrutiny committees have between them) in accordance with paragraph 1(3) of Schedule 5A must include power to recommend that a commissioner’s appointment is terminated.

2 If a recommendation is made that a commissioner’s appointment is terminated, the combined authority must decide whether or not to accept the recommendation.

3 A decision to accept the recommendation must be made by a two thirds majority of the non-mayoral members, or substitute members acting in their place, of the combined authority present and voting on the question at a meeting of the authority.

4 If a decision is made to accept the recommendation, the commissioner’s appointment ceases to have effect when the decision is made.

5 In this paragraph “non-mayoral members”, in relation to a combined authority, means the members of the combined authority other than the mayor.

10 Powers of appointment and termination exercisable on behalf of the combined authority

1 The powers to make and terminate the appointment of a person as a commissioner are (by virtue of section 107D(1A)) powers of the combined authority exercisable only by the mayor on behalf of the combined authority.

2 Accordingly, if a person is appointed as a commissioner—

a under a worker’s contract, the combined authority is the employer;

b under a contract other than a worker’s contract, the contract is between the combined authority and the commissioner;

c otherwise than under a contract, the commissioner holds office under the combined authority.

3 In this paragraph “worker’s contract” and “employer” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act).

11 Guidance

1 The Secretary of State may issue guidance about the selection or appointment of commissioners.

2 The mayors for the areas of combined authorities must take account of any such guidance.

3 The Secretary of State may issue guidance about the exercise of the function under paragraph 6(3) of consenting to arrangements for a function to be exercisable by a commissioner.

4 Combined authorities must take account of any such guidance.

5 The Secretary of State may issue guidance about the exercise by combined authorities of the powers conferred by paragraph 7 and guidance about compliance with the duty under that paragraph to produce and publish reports.

6 Combined authorities must take account of any such guidance.

7 The Secretary of State may issue guidance about the terms of reports produced by relevant remuneration panels for the purposes of paragraph 7.

8 Relevant remuneration panels must take account of any such guidance.

9 The Secretary of State may issue guidance about the making of recommendations under paragraph 9 to terminate the appointment of a person as commissioner.

10 The members of overview and scrutiny committees must take account of any such guidance.

Schedule 4 ¶

Mayoral CCAs: overview and scrutiny committees

Section 11

Part 1 New scrutiny regime for CCAs that are established mayoral strategic authorities¶

1 Introduction¶

LURA 2023 is amended in accordance with this Part of this Schedule.

2 The new scrutiny regime¶

After Schedule 1 insert—

Schedule 1A

Mayoral CCAs that are EMSAs: overview and scrutiny committees and audit committee

1 Application of this Schedule

1 This Schedule applies to a CCA if it is an established mayoral strategic authority.

2 Accordingly, in the following paragraphs of this Schedule—

a “CCA” means a CCA that is an established mayoral strategic authority;

b a reference to an overview and scrutiny committee is a reference to such a committee of a CCA that is an established mayoral strategic authority.

3 For provision about the scrutiny of other CCAs, see Schedule 1.

2 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 investigate matters of local interest;

b to make reports or recommendations to the CCA or mayor on matters of local interest.

3 The arrangements must (in particular) ensure that the CCA’s overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—

a to make reports or recommendations to the CCA with respect to the discharge of any functions that are the responsibility of the CCA;

b to make reports or recommendations to the mayor with respect to the discharge of any general functions.

4 The arrangements must (in particular) 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 review or scrutinise decisions made, or other action taken, in connection with the discharge by the mayor of any general functions;

c to review—

i the policy outcomes which were intended to result from action taken in connection with the discharge of any functions that are the responsibility of the CCA, and

ii the effectiveness of that action in achieving those outcomes;

d to review—

i the policy outcomes which were intended to result from action taken in connection with the discharge by the mayor of any general functions, and

ii the effectiveness of that action in achieving those outcomes;

5 The arrangements made in accordance with sub-paragraphs (3) and (4) must (in particular) ensure that—

a where a decision or other action involves expenditure of the CCA, the review or scrutiny of it includes an assessment of value for money;

b where the discharge of a function involves expenditure of the CCA—

i any report includes a report on value for money;

ii where appropriate, recommendations are made in relation to value for money.

6 When assessing value for money, an overview and scrutiny committee must have regard to any guidance issued by a public authority.

7 The power of an overview and scrutiny committee under sub-paragraph (3)(a) or (3)(b) to make reports or recommendations with respect to the discharge of any functions includes power to make recommendations about the way that a function is, or is proposed to be, discharged.

8 The power of an overview and scrutiny committee under sub-paragraph (4)(a) or (4)(b) 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—

i to recommend that the decision be reconsidered, or

ii to make recommendations about the way that the function is, or is proposed to be, discharged.

9 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.

10 Before complying with sub-paragraph (9) an overview and scrutiny committee must obtain the consent of the CCA to the proposals and arrangements.

11 If—

a an overview and scrutiny committee makes a recommendation to the CCA or mayor under sub-paragraph (7) or (8)(b), and

b the CCA or mayor does not intend to give effect to the recommendation (at all or in part),

the CCA or mayor must give the committee a written notice of that intention and of the reasons for not giving effect to the recommendation.

12 An overview and scrutiny committee may send a copy of any report or recommendations made by it to any public authority (including the Secretary of State or another Minister of the Crown, or any government department).

13 An overview and scrutiny committee of a CCA may not discharge any functions other than the functions conferred by or under this Schedule.

14 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.

3 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 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 a key person to attend before it to answer questions, and

b may invite other persons to attend meetings of the committee.

7 An overview and scrutiny committee of a CCA—

a may require a key person to provide it with information or documents, and

b may invite other persons to provide it with information or documents.

8 Regulations under paragraph 4(1) may make provision about—

a information or documents whose provision may, or may not be, required under sub-paragraph (7)(a);

b information or documents whose provision may, or may not be, invited under sub-paragraph (7)(b).

9 A requirement under sub-paragraph (6)(a) or (7)(a) can only be imposed on a person by written notice given to the person; and the period between the notice being given and the date when the requirement must be complied with must be—

a 10 working days, or

b if that period of notice is unreasonably short, such longer period as is reasonable.

10 A person on whom a requirement is imposed under sub-paragraph (6)(a) or (7)(a) is required to comply with the requirement.

11 If—

a an overview and scrutiny committee has, in accordance with paragraph 3(6)(a), required a person to attend a meeting of the committee,

b the person does not attend the meeting in compliance with the requirement, and

c the person does not have a reasonable excuse for not attending the meeting,

the committee must publish notice of the non-attendance in such manner as the committee thinks appropriate and a scrutiny officer of the committee (appointed in accordance with regulations made under 4(2)(d)) must give a copy of the notice to the person who did not attend.

12 For provision about the consequences of a failure to comply with a requirement imposed under sub-paragraph (6) or (7), see paragraphs 7 and 8.

13 A person is not obliged—

a 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, or

b by sub-paragraph (7) to provide any information which the person would be entitled to refuse to provide in or for the purposes of proceedings in a court in England and Wales.

14 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.

15 Guidance under sub-paragraph (14) may make different provision for different cases or for different descriptions of committee.

16 In sub-paragraphs (3) to (14) references to an overview and scrutiny committee of a CCA include references to any sub-committee of such a committee.

4 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 the members of an overview and scrutiny committee;

c about the person who is to be chair of an overview and scrutiny committee;

d for the appointment of persons to act as scrutiny officers 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 2(8)(a) may have effect.

3 Provision of the following kinds must be made under sub-paragraph (1)—

a provision about when and how an overview and scrutiny committee must involve independent experts in its activities;

b provision about how an overview and scrutiny committee must take account of the work undertaken by the independent experts involved in its activities;

c provision for the remuneration of independent experts.

4 Provision must be made under sub-paragraph (2)(a) so as to ensure that at least 60% of members of an overview and scrutiny committee are members of the CCA’s constituent councils.

5 Provision must be made under sub-paragraph (2)(b) so as to ensure that all the members of an overview and scrutiny committee are entitled to be paid allowances in respect of activities of the descriptions specified in regulations under this paragraph.

6 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.

7 For the purposes of sub-paragraph (6)(b) “appropriate person” means a person who is not a member of a registered political party of which the mayor is a member.

8 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).

9 Provision must be made under sub-paragraph (2)(d) so as to ensure that an overview and scrutiny committee has at least two scrutiny officers.

10 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.

11 In this paragraph “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.

12 In this paragraph references to an overview and scrutiny committee include references to any sub-committee of such a committee.

5 Style by which committees to be known

1 The overview and scrutiny committees are to have—

a the style “local scrutiny committee”, or

b any other style that is specified in regulations under paragraph 4(1).

2 The specified style may (in particular) be—

a a variant of “local scrutiny committee”, or

b “overview and scrutiny committee” or a variant of it.

3 The power under section 252(1) to make different provision for different purposes includes power to specify different styles under this paragraph in relation to overview and scrutiny committees of different descriptions of CCAs.

6 Petitions

1 A CCA must make arrangements (“petition arrangements”) in relation to its overview and scrutiny committee, or each such committee, under which—

a a local elector is able to start a petition calling upon the committee to exercise its functions in relation to a matter of local interest that is specified in the petition, and

b other local electors are able to indicate their support for the petition within a period specified in the petition arrangements.

2 Petition arrangements must secure that—

a a local elector is able to start any petition by electronic means or non-electronic means, and

b other local electors are able to indicate support for any petition by electronic means or non-electronic means.

3 An overview and scrutiny committee must reject a petition in any of the following cases—

a the petition is explicitly seeking new or increased expenditure of the CCA;

b the specified matter is not a matter of local interest;

c the committee could not exercise its functions in relation to the specified matter without prejudicing civil proceedings or criminal proceedings which have been brought or which, in the view of the committee, are likely to be brought reasonably soon (whether in England and Wales or elsewhere);

d the petition is offensive, abusive or vexatious.

4 In a case where the number of local electors who are petitioners is at least 0.1% of the total number of local electors, an overview and scrutiny committee must decide whether or not to exercise its functions in relation to the matter of concern to which the petition relates.

5 In any other case, an overview and scrutiny committee may decide whether or not to exercise its functions in relation to the specified matter to which the petition relates.

6 In deciding whether or not to exercise its functions in relation to the specified matter to which a petition relates, an overview and scrutiny committee must (in particular) take into account the effective use of the committee’s time and resources.

7 Within the period of 30 days beginning with the day on which an overview and scrutiny committee makes a relevant decision about a petition, the committee must—

a publish written notice of the following matters—

i the relevant decision;

ii the reasons for making the relevant decision;

iii how the committee proposes to exercise its functions (in the case of a relevant decision to exercise its functions in relation to the specified matter to which the petition relates); and

b give written notice of those matters to the person who started the petition.

8 Regulations under paragraph 4(1) may make provision about petition arrangements and petitions, including—

a provision about grounds on which an overview and scrutiny committee must or may make a relevant decision about a petition;

b provision about matters which must or may be taken into account in making a relevant decision about a petition;

c provision for an overview and scrutiny committee to be able to combine petitions relating to similar specified matters;

d provision about verifying whether persons are local electors;

e provision about whether the number of local electors who are petitioners is at least 0.1% of the total number of local electors;

9 In this paragraph—

“local elector”, in relation to a petition, means a person who would be entitled to vote as an elector at an election for the return of a mayor for the area of the CCA concerned;
“petitioner” means a local elector who has—
1. started a petition, or
2. indicated support for a petition,
in accordance with the petition arrangements;
“relevant decision about a petition” means—
1. a decision by an overview and scrutiny committee to reject a petition, or
2. a decision by an overview and scrutiny committee whether or not to exercise its functions in relation to the specified matter to which a petition relates;
“specified matter” means the matter that is specified in a petition in accordance with the petition arrangements.

7 Financial penalties for failure to attend committee meetings, answer questions or provide information etc

1 The Secretary of State may, by regulations, give overview and scrutiny committees the power to impose a civil penalty on—

a a person who fails to attend an overview and scrutiny committee meeting;

b a person who fails to answer a question put at an overview and scrutiny committee meeting;

c a person who fails to provide an overview and scrutiny committee with information or a document;

d a person who misleads an overview and scrutiny committee.

2 For the purposes of this paragraph, a person fails to attend an overview and scrutiny committee meeting if—

a the committee has, in accordance with paragraph 3(6)(a), required the person to attend the meeting,

b the person does not attend the meeting, and

c the person does not have a reasonable excuse for not attending the meeting.

3 For the purposes of this paragraph, a person fails to answer a question put at an overview and scrutiny committee meeting if—

a the committee has, in accordance with paragraph 3(6)(a), required the person to attend the meeting,

b the question is properly put to the person at the meeting,

c the person does not answer the question, and

d the person does not have a reasonable excuse for not answering the question.

4 For the purposes of this paragraph, a person fails to provide an overview and scrutiny committee meeting with information or a document if—

a the committee has, in accordance with paragraph 3(7)(a), required the person to provide the information or document,

b the person does not provide the information or document, and

c the person does not have a reasonable excuse for not providing the information or document.

5 For the purposes of this paragraph, a person misleads an overview and scrutiny committee meeting if—

a the committee has, in accordance with paragraph 3(7)(a), required the person to provide information or a document, and

b the person intentionally alters, suppresses, conceals or destroys the information or document.

6 Regulations under this paragraph—

a must provide for the amount or maximum amount of a civil penalty — and such an amount or maximum must not exceed £5,000;

b may provide for the power to impose a civil penalty to be exercisable only in relation to persons of a description specified in the regulations; and such a description of person may (in particular) consist of all or any of the following—

i mayors for the areas of CCAs;

ii deputy mayors appointed by such mayors;

iii commissioners appointed by such mayors;

c must make provision for appeals against the imposition of civil penalties (which may include provision enabling a civil penalty to be confirmed, withdrawn or varied in its amount on an appeal).

7 In order to take account of changes in the value of money, the Secretary of State may by regulations substitute another sum for the sum for the time being specified in sub-paragraph (6)(a).

8 Termination of office for failure to attend committee meetings

1 This paragraph applies to a person who holds one of the following offices in relation to a CCA (the “relevant CCA”)—

a mayor for the area of the relevant CCA;

b deputy mayor appointed by such a mayor;

c commissioner appointed by such a mayor.

2 The person ceases to hold the office if—

a the person fails to attend six overview and scrutiny committee meetings (the “six missed meetings”), and

b there is the required link between the six missed meetings.

3 The person who holds the office fails to attend an overview and scrutiny committee meeting if—

a the committee is a committee of the relevant CCA,

b the meeting is a compulsory meeting for the person as holder of that office,

c the person does not attend the meeting, and

d the person does not have a reasonable excuse for not attending the meeting.

4 There is the required link between the six missed meetings if—

a the six missed meetings are consecutive overview and scrutiny committee meetings that are compulsory meetings for the person as holder of the office, or

b the period between the first and last of those six missed meetings is 12 months or shorter.

5 In determining whether there is the required link by virtue of sub-paragraph (4)(a) or (b)—

a it does not matter if the six missed meetings are meetings of the same committee, or different committees, of the CCA;

b it does not matter if there are any meetings of an overview and scrutiny committee that—

i fall between the first and last of the six missed meetings, and

ii are not compulsory meetings for the person as holder of the office.

6 If a person ceases to hold office by virtue of this section—

a the CCA’s monitoring officer (within the meaning of section 5 of the Local Government and Housing Act 1989) must—

i publish notice that the person has ceased to hold office in such manner as the monitoring officer thinks appropriate, and

ii give a copy of the notice to the person who has ceased to hold office;

b the person ceases to hold office at the end of the day of the last of the six missed meetings.

7 If a notice given under paragraph 3(11) of a person’s non-attendance at a meeting of an overview and scrutiny committee relates to the last of the six missed meetings that result in the person’s loss of office by virtue of this paragraph, the notice must include a statement of that fact.

8 If a person ceases to hold an office by virtue of this section, that loss of office does not prevent that person from subsequently—

a taking that office again, or

b taking any other office referred to in sub-paragraph (1).

9 An overview and scrutiny committee meeting is a “compulsory meeting” for a person if the committee has, in accordance with paragraph 3(6)(a), required that person to attend the meeting.

10 This paragraph applies to a commissioner whether appointed—

a under a worker’s contract,

b under a contract other than a worker’s contract, or

c otherwise than under a contract;

and references to the office of commissioner (including holding office) are to be read accordingly in the case of a commissioner appointed under a contract.

9 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).

10 Interpretation

In this Schedule—

“commissioner” means a commissioner appointed under section 29A;
“key person”, in relation to an overview and scrutiny committee of a CCA, means—
1. the mayor for the area of the CCA;
2. the deputy mayor for that area;
3. a commissioner appointed by the mayor for that area;
4. the officers of the CCA;
5. a member of the CCA who has responsibilities in relation to a particular area of policy;
6. a person of any other description that is specified in regulations;
“matter of local interest”, in relation to an overview and scrutiny committee of a CCA, means a matter which both—
1. relates to the area of the CCA, and
2. relates—
  1. to functions that are the responsibility of the CCA (whether exercisable by the CCA or the mayor), or
  2. otherwise to any aspect of any area of competence set out in section 2 of the English Devolution and Community Empowerment Act 2026;
but it does not include any matters which relate to the functions of police and crime commissioners;
“value for money” means the economy, efficiency and effectiveness of the expenditure of the CCA.

Part 2 Amendments consequential on Part 1 of this Schedule¶

3 Introduction¶

LURA 2023 is amended in accordance with this Part of this Schedule.

4 Section 15: overview and scrutiny committees¶

1 Section 15 is amended in accordance with this paragraph.

2 In subsection (1), after “CCAs” insert “that are not established mayoral strategic authorities”.

3 After subsection (1) insert—

4 In subsection (2), for “that Schedule” substitute “those Schedules”.

5 After subsection (2) insert—

5 Section 29: deputy mayors¶

In section 29(3)—

a in paragraph (b), omit “or”;

b in paragraph (c), at the end insert

6 Schedule 1: overview and scrutiny committees¶

1 Schedule 1 is amended in accordance with this paragraph.

2 In the heading, after “Authorities” insert “except EMSAs”.

3 Before paragraph 1 (and the italic heading preceding it) insert—

4 After paragraph 3 insert—

7 Schedule 2: election of Mayors of CCAs etc¶

In Schedule 2, after paragraph 11 insert—

8 Schedule 2A: commissioners¶

In Schedule 2A (inserted by Schedule 3 to this Act), in paragraph 9—

a in paragraph (d), omit “or”;

b after paragraph (d) insert

Part 3 Extension of new scrutiny regime to all mayoral CCAs¶

9 Introduction¶

LURA 2023 is amended in accordance with this Part of this Schedule.

10 Amendment of section 15¶

1 Section 15 (as amended by paragraph 4 of this Schedule) is amended in accordance with this paragraph.

2 In subsection (1), for “CCAs that are not established mayoral strategic authorities” substitute “non-mayoral CCAs”.

3 In subsection (1A), for “CCAs that are established mayoral strategic authorities” substitute “mayoral CCAs”.

4 Omit subsection (3).

11 Exclusion of all mayoral CCAs from scrutiny regime in Schedule 1 LURA 2023¶

1 Schedule 1 (as amended by paragraph 6 of this Schedule) is amended in accordance with this paragraph.

2 In the heading, for “Combined County Authorities except EMSAs” substitute “Non-mayoral Combined County Authorities”.

3 For paragraph A1 substitute—

4 In paragraph 1 (functions of overview and scrutiny committees)—

a omit sub-paragraph (3);

b in sub-paragraph (4), omit “and (3)(a)”.

5 In paragraph 2 (overview and scrutiny committees: supplementary provision)—

a in sub-paragraph (3), omit “(including, in the case of a mayoral CCA, the mayor for the CCA's area or deputy mayor)”;

b in sub-paragraph (6)(a), omit “(including, in the case of a mayoral CCA, the mayor for the CCA's area and deputy mayor)”.

6 In paragraph 3 (power to make further provision about overview and scrutiny committees), for sub-paragraph (5) substitute—

12 Inclusion of all mayoral CCAs in the new scrutiny regime¶

1 Schedule 1A (as inserted by paragraph 2 of this Schedule) is amended in accordance with this paragraph.

2 In the heading, for “CCAs that are established mayoral strategic authorities” substitute “Mayoral CCAs”.

3 For paragraph A1 substitute—

Schedule 5 ¶

Mayoral combined authorities: overview and scrutiny committees

Section 11

Part 1 New scrutiny regime for combined authorities that are established mayoral strategic authorities¶

1 Introduction¶

LDEDCA 2009 is amended in accordance with this Part of this Schedule.

2 The new scrutiny regime¶

After Schedule 5A insert—

Schedule 5AA

Mayoral combined authorities that are EMSAs: overview and scrutiny committees and audit committee

1 Application of this Schedule

1 This Schedule applies to a combined authority if it is an established mayoral strategic authority.

2 Accordingly, in the following paragraphs of this Schedule—

a “combined authority” means a combined authority that is an established mayoral strategic authority;

b a reference to an overview and scrutiny committee is a reference to such a committee of a combined authority that is an established mayoral strategic authority.

3 For provision about the scrutiny of other combined authorities, see Schedule 5A.

2 Functions of overview and scrutiny committee

1 A combined authority must arrange for the appointment by the combined authority 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 combined authority’s overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—

a to investigate matters of local interest;

b to make reports or recommendations to the combined authority or mayor on matters of local interest.

3 The arrangements must (in particular) ensure that the combined authority’s overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—

a to make reports or recommendations to the combined authority with respect to the discharge of any functions that are the responsibility of the combined authority;

b to make reports or recommendations to the mayor with respect to the discharge of any general functions.

4 The arrangements must (in particular) ensure that the combined authority’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 combined authority;

b to review or scrutinise decisions made, or other action taken, in connection with the discharge by the mayor of any general functions;

c to review—

i the policy outcomes which were intended to result from action taken in connection with the discharge of any functions that are the responsibility of the combined authority, and

ii the effectiveness of that action in achieving those outcomes;

d to review—

i the policy outcomes which were intended to result from action taken in connection with the discharge by the mayor of any general functions, and

ii the effectiveness of that action in achieving those outcomes.

5 The arrangements made in accordance with sub-paragraphs (3) and (4) must (in particular) ensure that—

a where a decision or other action involves expenditure of the combined authority, the review or scrutiny of it includes an assessment of value for money;

b where the discharge of a function involves expenditure of the combined authority—

i any report includes a report on value for money;

ii where appropriate, recommendations are made in relation to value for money.

6 When assessing value for money, an overview and scrutiny committee must have regard to any guidance issued by a public authority.

8 The power of an overview and scrutiny committee under sub-paragraph (4)(a) or (4)(b) 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—

i to recommend that the decision be reconsidered, or

ii to make recommendations about the way that the function is, or is proposed to be, discharged.

9 An overview and scrutiny committee of a combined authority 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.

10 Before complying with sub-paragraph (9) an overview and scrutiny committee must obtain the consent of the combined authority to the proposals and arrangements.

11 If—

a an overview and scrutiny committee makes a recommendation to the combined authority or mayor under sub-paragraph (7) or (8)(b), and

b the combined authority or mayor does not intend to give effect to the recommendation (at all or in part),

the combined authority or mayor must give the committee a written notice of that intention and of the reasons for not giving effect to the recommendation.

13 An overview and scrutiny committee of a combined authority may not discharge any functions other than the functions conferred by or under this Schedule.

3 Overview and scrutiny committees: supplementary provision

1 An overview and scrutiny committee of a combined authority—

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 combined authority may not include a member of the combined authority (including the mayor for the combined authority’s area or deputy mayor).

4 An overview and scrutiny committee of a combined authority 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 combined authority as they apply to a committee appointed under that section.

6 An overview and scrutiny committee of a combined authority—

a may require a key person to attend before it to answer questions, and

b may invite other persons to attend meetings of the committee.

7 An overview and scrutiny committee of a combined authority—

a may require a key person to provide it with information or documents, and

b may invite other persons to provide it with information or documents.

8 Regulations under paragraph 4(1) may make provision about—

a information or documents whose provision may, or may not be, required under sub-paragraph (7)(a);

b information or documents whose provision may, or may not be, invited under sub-paragraph (7)(b).

a 10 working days, or

b if that period of notice is unreasonably short, such longer period as is reasonable.

10 A person on whom a requirement is imposed under sub-paragraph (6)(a) or (7)(a) is required to comply with the requirement.

11 If—

a an overview and scrutiny committee has, in accordance with paragraph 3(6)(a), required a person to attend a meeting of the committee,

b the person does not attend the meeting in compliance with the requirement, and

c the person does not have a reasonable excuse for not attending the meeting,

the committee must publish notice of the non-attendance in such manner as the committee thinks appropriate and a scrutiny officer of the committee (appointed in accordance with regulations made under paragraph 4(2)(d)) must give a copy of the notice to the person who did not attend.

12 For provision about the consequences of a failure to comply with a requirement imposed under sub-paragraph (6) or (7), see paragraphs 7 and 8.

13 A person is not obliged—

a 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, or

b by sub-paragraph (7) to provide any information which the person would be entitled to refuse to provide in or for the purposes of proceedings in a court in England and Wales.

14 In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a combined authority must have regard to any guidance for the time being issued by the Secretary of State.

15 Guidance under sub-paragraph (14) may make different provision for different cases or for different descriptions of committee.

16 In sub-paragraphs (3) to (14) references to an overview and scrutiny committee of a combined authority include references to any sub-committee of such a committee.

4 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 combined authority.

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 the members of an overview and scrutiny committee;

c about the person who is to be chair of an overview and scrutiny committee;

d for the appointment of persons to act as scrutiny officers 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 combined authority 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 combined authority or by other persons);

i as to the minimum or maximum period for which a direction under paragraph 2(8)(a) may have effect.

3 Provision of the following kinds must be made under sub-paragraph (1)—

a provision about when and how an overview and scrutiny committee must involve independent experts in its activities;

b provision about how an overview and scrutiny committee must take account of the work undertaken by the independent experts involved in its activities;

c provision for the remuneration of independent experts.

4 Provision must be made under sub-paragraph (2)(a) so as to ensure that at least 60% of members of an overview and scrutiny committee are members of the combined authority’s constituent councils.

6 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 combined authority’s constituent councils.

7 For the purposes of sub-paragraph (6)(b) “appropriate person” means a person who is not a member of a registered political party of which the mayor is a member.

8 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 combined authority (so far as relating to the functions of the committee).

9 Provision must be made under sub-paragraph (2)(d) so as to ensure that an overview and scrutiny committee has at least two scrutiny officers.

10 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.

11 In this paragraph “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.

12 In this paragraph references to an overview and scrutiny committee include references to any sub-committee of such a committee.

5 Style by which committees to be known

1 The overview and scrutiny committees are to have—

a the style “local scrutiny committee”, or

b any other style that is specified in regulations under paragraph 4(1).

2 The specified style may (in particular) be—

a a variant of “local scrutiny committee”, or

b “overview and scrutiny committee” or a variant of it.

3 The power under section 117(1A) to make different provision for different purposes includes power to specify different styles under this paragraph in relation to overview and scrutiny committees of different descriptions of combined authorities.

6 Petitions

1 A combined authority must make arrangements (“petition arrangements”) in relation to its overview and scrutiny committee, or each such committee, under which—

a a local elector is able to start a petition calling upon the committee to exercise its functions in relation to a matter of local interest that is specified in the petition, and

b other local electors are able to indicate their support for the petition within a period specified in the petition arrangements.

2 Petition arrangements must secure that—

a a local elector is able to start any petition by electronic means or non-electronic means, and

b other local electors are able to indicate support for any petition by electronic means or non-electronic means.

3 An overview and scrutiny committee must reject a petition in any of the following cases—

a the petition is explicitly seeking new or increased expenditure of the combined authority;

b the specified matter is not a matter of local interest;

d the petition is offensive, abusive or vexatious.

5 In any other case, an overview and scrutiny committee may decide whether or not to exercise its functions in relation to the specified matter to which the petition relates.

7 Within the period of 30 days beginning with the day on which an overview and scrutiny committee makes a relevant decision about a petition, the committee must—

a publish written notice of the following matters—

i the relevant decision;

ii the reasons for making the relevant decision;

iii how the committee proposes to exercise its functions (in the case of a relevant decision to exercise its functions in relation to the specified matter to which the petition relates); and

b give written notice of those matters to the person who started the petition.

8 Regulations under paragraph 4(1) may make provision about petition arrangements and petitions, including—

a provision about grounds on which an overview and scrutiny committee must or may make a relevant decision about a petition;

b provision about matters which must or may be taken into account in making a relevant decision about a petition;

c provision for an overview and scrutiny committee to be able to combine petitions relating to similar specified matters;

d provision about verifying whether persons are local electors;

e provision about whether the number of local electors who are petitioners is at least 0.1% of the total number of local electors.

9 In this paragraph—

“local elector”, in relation to a petition, means a person who would be entitled to vote as an elector at an election for the return of a mayor for the area of the combined authority concerned;
“petitioner” means a local elector who has—
1. started a petition, or
2. indicated support for a petition,
in accordance with the petition arrangements;
“relevant decision about a petition” means—
1. a decision by an overview and scrutiny committee to reject a petition, or
2. a decision by an overview and scrutiny committee whether or not to exercise its functions in relation to the specified matter to which a petition relates;
“specific matter” means the matter that is specified in a petition in accordance with the petition arrangements.