LOCAL GOVERNMENT, ENGLAND
TRANSPORT, ENGLAND
The Cheshire and Warrington Combined Authority Order 2026
Made23rd February 2026
Coming into force in accordance with article 1(2) and (3)
The Secretary of State makes this Order in exercise of the powers conferred by sections 103(1), 104(1), 104C(1) and (6), 105(1) and (3), 105A(1), (2) and (3), 107A(1), 107D(1), (5), (7) and (8), 107E(1) and (2), 113D, 114(1) and (3) and 117(1A) and (5) of, paragraph 3 of Schedule 5A to, and paragraph 3 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 20091 (“the 2009 Act”) and section 3(5)(b) of the Local Audit and Accountability Act 20142.
In making this Order, the Secretary of State—
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is satisfied that the area to which this Order relates meets the conditions set out in section 103(2) and (5) of the 2009 Act3;
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considers that the making of the Order is likely to improve the economic, social and environmental well-being of some or all of the people who live and work in the area to which the Order relates, in accordance with sections 105B(1)(b) and 110(1)(a) of the 2009 Act4;
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has had regard to the need to secure effective and convenient local government and to reflect the identities and interests of local communities, in accordance with section 110(1)(aa) of the 2009 Act;
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has carried out a consultation in accordance with section 110(2) of the 2009 Act;
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considers that the functions specified in articles 8, 9 and 15 can appropriately be exercised by the Combined Authority.
In accordance with sections 104(10), 105(3A), 105B(1)(b), 107B(3)(a), 107D(9) and 110(1)(b) of the 2009 Act, Cheshire East Borough Council, Cheshire West and Chester Borough Council and Warrington Borough Council have consented to the making of this Order.
In accordance with section 105B(9) of the 2009 Act, the Secretary of State has laid a report before Parliament explaining the effect of this Order and why the Secretary of State considers it appropriate to make this Order.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) and (3A) of the 2009 Act.
Part 1 General¶
I181 Citation, commencement and extent¶
I122 Interpretation¶
In this Order—-
“the 1989 Act” means the Local Government and Housing Act 19895;
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“the 2000 Act” means the Transport Act 20006;
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“the 2003 Act” means the Local Government Act 20037;
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“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
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“the Area” means the area consisting of the areas of the constituent councils;
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“the Combined Authority” means the Cheshire and Warrington Combined Authority as established by article 3;
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“constituent councils” means Cheshire East Borough Council, Cheshire West and Chester Borough Council and Warrington Borough Council;
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“election for the return of the mayor” means an election held pursuant to article 6;
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“the mayor” means the mayor for the Area;
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“member” is to be interpreted in accordance with paragraph 1(3) of the Schedule.
Part 2 Establishment of the Combined Authority¶
I143 Establishment¶
I134 Modification of financial reporting requirements¶
The requirement in section 3(3) of the Local Audit and Accountability Act 2014 (general requirements for accounts) for a relevant authority to prepare a statement of accounts for each financial year8 is, in respect of the Combined Authority—I115 Constitution¶
The Schedule makes provision about the constitution of the Combined Authority.Part 3 Election of mayor¶
I156 Mayor¶
I37 Political adviser¶
Part 4 Transport etc.¶
I248 Local transport functions under the Transport Act 1985¶
I59 Local transport functions under the Transport Act 2000¶
I1710 Power to pay grant¶
I2311 Amendment of the Sub-national Transport Body (Transport for the North) Regulations 2018¶
Part 5 Mayoral functions¶
I412 Functions exercisable only by the mayor¶
I2213 Joint committee¶
The mayor may enter into arrangements jointly with the Combined Authority, the constituent councils and other local authorities in accordance with section 101(5) of the Local Government Act 1972 (arrangement for discharge of functions by local authorities)22 for the discharge of the general functions of the Combined Authority which are exercisable only by the mayor pursuant to article 12.Part 6 Funding¶
I814 Funding¶
Part 7 Additional functions¶
I115 Data sharing¶
I916 Incidental provisions¶
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Schedule ¶
Constitution
Article 5
I211 Membership¶
I102 Chairs and vice-chair¶
I23 Non-constituent and associate members¶
I194 Proceedings¶
I165 Records¶
I206 Standing orders¶
The Combined Authority may make standing orders for the regulation of its proceedings and business, provided that the standing orders are consistent with this Schedule, and may vary or revoke any such orders.I77 Remuneration¶
I68 Constitution¶
The Combined Authority may make provision about its constitution, provided that the provision made is consistent with this Schedule.Footnotes
- I1Art. 15 in force at 24.2.2026, see art. 1(2)
- I2Sch. para. 3 in force at 24.2.2026, see art. 1(2)
- I3Art. 7 in force at 24.2.2026, see art. 1(2)
- I4Art. 12 in force at 10.5.2027, see art. 1(3)
- I5Art. 9 in force at 24.2.2026, see art. 1(2)
- I6Sch. para. 8 in force at 24.2.2026, see art. 1(2)
- I7Sch. para. 7 in force at 24.2.2026, see art. 1(2)
- I8Art. 14 in force at 24.2.2026, see art. 1(2)
- I9Art. 16 in force at 24.2.2026, see art. 1(2)
- I10Sch. para. 2 in force at 24.2.2026, see art. 1(2)
- I11Art. 5 in force at 24.2.2026, see art. 1(2)
- I12Art. 2 in force at 24.2.2026, see art. 1(2)
- I13Art. 4 in force at 24.2.2026, see art. 1(2)
- I14Art. 3 in force at 24.2.2026, see art. 1(2)
- I15Art. 6 in force at 24.2.2026, see art. 1(2)
- I16Sch. para. 5 in force at 24.2.2026, see art. 1(2)
- I17Art. 10 in force at 24.2.2026, see art. 1(2)
- I18Art. 1 in force at 24.2.2026, see art. 1(2)
- I19Sch. para. 4 in force at 24.2.2026, see art. 1(2)
- I20Sch. para. 6 in force at 24.2.2026, see art. 1(2)
- I21Sch. para. 1 in force at 24.2.2026, see art. 1(2)
- I22Art. 13 in force at 10.5.2027, see art. 1(3)
- I23Art. 11 in force at 24.2.2026, see art. 1(2)
- I24Art. 8 in force at 24.2.2026, see art. 1(2)
- 1
2009 c. 20. Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”) and by section 64 of the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”). Section 104C was inserted by section 64 of the 2023 Act. Section 105 was amended by sections 6, 9 and 14 of the 2016 Act and by section 64 of the 2023 Act. Section 105A was inserted by section 7 of the 2016 Act. Section 107A was inserted by section 2 of the 2016 Act. Sections 107D and 107E were inserted by section 4 of the 2016 Act and section 107D was amended by section 64 of the 2023 Act. Section 114 was amended by Schedule 5 to the 2016 Act. Section 107G was inserted by section 5(3) of the 2016 Act. Section 117 was substituted by section 13(2) of the Localism 2011 Act (c. 20), and amended by Schedule 5 to the 2016 Act and section 68 of the 2023 Act. Schedule 5A was inserted by section 8 of, and Schedule 3 to, the 2016 Act and amended by S.I. 2021/1265. Schedule 5B was inserted by section 2 of, and Schedule 1 to, the 2016 Act and amended by section 70 of the 2023 Act. There are other amendments to these provisions but none is relevant.
- 2
2014 c. 2.
- 3
Section 103(5) was amended by paragraph 189 of Schedule 4 to the Levelling-up and Regeneration Act 2023.
- 4
Section 105B was inserted by section 7 of the Cities and Local Government Devolution Act 2016 (“the 2016 Act”). Section 110(1) to (3) was substituted by section 14(7) of the 2016 Act. Section 110(1)(a) to (ab) was substituted by section 65(5) of the Levelling-up and Regeneration Act 2023.
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1989 c. 42.
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2000 c. 38.
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2003 c. 26.
- 8
“Financial year” is defined in section 3(4) of the Local Audit and Accountability Act 2014.
- 9
1983 c. 2. Section 37 was amended by section 18(2) of the Representation of the People Act 1985 (c. 50), renumbered by section 17 of, and paragraph 5 of Schedule 3 to, the Greater London Authority Act 1999 (c. 29), and further amended by S.I. 2018/1310.
- 10
1971 c. 80.
- 11
Section 9 was amended by sections 61 and 204 of, and paragraph 2 of Schedule 2 to, the Local Government and Public Involvement in Health Act 2007 (c. 28) and by S.I. 2001/2237. There are other amendments not relevant to this instrument.
- 12
1985 c. 67.
- 13
Section 63 was amended by paragraph 39(1) of Part 2 of Schedule 7 and Schedule 18 to the Local Government (Wales) Act 1994 (c. 19); paragraph 11 of Schedule 11 to the Transport Act 2000; sections 10(9) and (10) and 68 of, and paragraph 20 of Part 2 of Schedule 4 and Part 1 of Schedule 7 to, the Local Transport Act 2008 (c. 26); and S.I. 1996/974.
- 14
There are amendments to section 81 not relevant to these Regulations.
- 15
Section 106 was amended by paragraph 37 of Schedule 4 to the Local Transport Act 2008, paragraph 66 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 and paragraph 82 of Schedule 4 to the Levelling-up and Regeneration Act 2023 (c. 55).
- 16
Section 106A was inserted by section 27 of the Local Government and Rating Act 1997 (c. 29).
- 17
Section 108 was amended by sections 7 to 9 and 77 of, and paragraphs 41 and 42 of Schedule 4 and Part 1 of Schedule 7 to, the Local Transport Act 2008 (c. 26), paragraph 96 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20), and paragraphs 124 and 125 of Schedule 4 to, the Levelling-up and Regeneration Act 2023.
- 18
Section 109 was amended by paragraph 3 of the Schedule to the Transport (Wales) Act 2006 (c. 5), section 9 of the Local Transport Act 2008, paragraph 97 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 and paragraph 126 of Schedule 4 to the Levelling-up and Regeneration Act 2023.
- 19
Section 112 was amended by sections 10(3) to (5) and 11 of, and Part 1 of Schedule 7 to, the Local Transport Act 2008, and by paragraph 48 of Schedule 26 to, the Equality Act 2010 (c. 15).
- 20
S.I. 2018/103, amended by S.I. 2018/1133; 2023/187, 1432; 2024/402; 2025/113, 117 and 118.
- 21Section 113A was inserted by section 13(1) of the Localism Act 2011 (c. 20) and amended by paragraph 25 of Schedule 5 to the Cities and Local Government Devolution Act 2016.
- 221972 c. 70.
- 23
The Statistics Board is established in section 1 of the Statistics and Registration Service Act 2007 (c. 18).
- 24
1992 c. 14. Section 40 was amended by section 83 of the Greater London Authority Act 1999, section 79 of, and paragraph 7 of Schedule 17 to the Localism Act 2011 (c. 20) and section 5 of the Cities and Local Government Devolution Act 2016 (c. 1).
- 25
1998 c. 37. Section 17A was inserted by section 22 of, and paragraph 5 of Schedule 9 to, the Police and Justice Act 2006 (c. 48) and amended by paragraph 45 of Schedule 19 to the Data Protection Act 2018 (c. 12).
- 26
Section 115 was amended by paragraphs 150 and 151 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43); section 97 of the Police Reform Act 2002 (c. 30); section 219 of the Housing Act 2004 (c. 34); paragraph 7 of Schedule 9 to the Police and Justice Act 2006; section 29 of the Transport for London Act 2008 (c. 1); paragraphs 231 and 238 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13); paragraphs 83 and 90 of Schedule 5 to the Health and Social Care Act 2012 (c. 7); paragraph 80 of Schedule 1 and paragraph 106 of Schedule 2 to the Policing and Crime Act 2017 (c. 3); paragraph 1(1) of Schedule 1 and paragraph 57 of Schedule 4 to the Health and Care Act 2022 (c. 31); and S.I. 2000/90, 2002/2469, 2007/961, 2008/912, 2010/866 and 2013/602.
- 27
Section 142(2) was amended by section 3(1)(c) of the Local Government Act 1986 (c. 10).
- 28
Section 222 was amended by Schedules 1 and 2 to the Policing and Crime Act 2017 (c. 3) and by S.I. 2022/372.
- 29
Section 13 was amended by paragraph 156 of Schedule 19 to the Education Act 1993 (c. 35); paragraph 36 of Part 1 of Schedule 4 and Part 1 of Schedule 9 to the Police and Magistrates’ Courts Act 1994 (c. 29); Schedule 24 to the Environment Act 1995 (c. 25); paragraph 96 of Schedule 37 to the Education Act 1996 (c. 56); paragraph 22 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31); Part 4 of Schedule 5 to the Children Act 2004 (c. 31); paragraph 81 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20); paragraph 14 of Schedule 14 and by Part 4 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23); paragraph 15 of Schedule 8 to the Public Service Pensions Act 2013 (c. 25); paragraph 12 of Schedule 5 to the Cities and Local Government Devolution Act 2016; section 7 of the Policing and Crime Act 2017 (c. 3); S.I. 2001/1517 and 2010/1158.
- 30
S.I. 2013/2356. There are amendments to Part 2 which are not relevant to this instrument.
- 31
2011 c. 20.
- 32
Section 107A(6) of the Local Democracy, Economic Development and Construction Act 2009 (section 107A was inserted by section 2(1) of the Cities and Local Government Devolution Act 2016) provides that the mayor for the area of a combined authority is by virtue of that office a member of, and chair of, the combined authority.
- 33
For the meaning of “non-constituent member” and “associate member” see sections 104A and 104B of the Local Democracy, Economic Development and Construction Act 2009. These were inserted by section 64 of the Levelling-up and Regeneration Act 2023.
- 34
“nominating body” is defined in section 120 of the 2009 Act.
- 35
S.I. 2017/611, as amended by S.I. 2024/652.
- 36
S.I. 2017/68. Article 16 was inserted by S.I. 2024/430.