This section sets out the meaning of “strategic authority” and other related
expressions for the purposes of this Act.
A
bill
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.
B e 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:—
This section sets out the meaning of “strategic authority” and other related
expressions for the purposes of this Act.
“Strategic authority” means—
a single foundation strategic authority,
a combined foundation strategic authority, or
a mayoral strategic authority, including an established mayoral strategic
authority.
“Single foundation strategic authority” means—
a unitary district council, or
a county council,
which is designated under section 3 .
“Combined foundation strategic authority” means—
a non-mayoral combined authority, or
a non-mayoral combined county authority.
“Mayoral strategic authority” means—
a mayoral combined authority,
a mayoral combined county authority, or
the GLA.
A mayoral strategic authority is “established” if it is—
a mayoral combined authority which is designated under section 106B of LDEDCA 2009,
a mayoral combined county authority which is designated under
section
25A
of LURA 2023, or
the GLA.
For the purposes of this Act, the subjects or subject referred to in each of the following paragraphs is an “area of competence”—
transport and local infrastructure;
skills and employment support;
housing and strategic planning;
economic development and regeneration;
the environment and climate change;
health, well-being and public service reform;
public safety.
The Secretary of State may, by regulations, designate a unitary district council
or a county council as a single foundation strategic authority.
The Secretary of State may not designate a council if the council’s area is
within, or is, the area of another strategic authority.
The Secretary of State may not designate a council unless the council consents
to the designation.
Regulations under this section are subject to affirmative resolution procedure.
In this Act, see Schedule
25
for powers for the Secretary of State to confer
functions on single foundation strategic authorities.
Schedule 1
contains provision amending requirements relating to the
establishment and expansion of, and conferral of functions on, combined
authorities and CCAs.
“17A The functions of CCAs
A CCA has the functions that are conferred by—
(a)
this Chapter or any regulations under this Chapter,
(b)
any regulations under Schedule 25 to the English Devolution
and Community Empowerment Act 2026, or(c)
any other enactment (whenever passed or made).”
“Functions of combined authorities
103A The functions of combined authorities
A combined authority has the functions that are conferred by—
(a)
this Part or any order under this Part,
(b)
any regulations under Schedule 25 to the English Devolution
and Community Empowerment Act 2026, or(c)
any other enactment (whenever passed or made).”
“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)
(7)
That includes regulations under this Chapter or under Schedule 25 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,(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, and(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.”
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
)”.
“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)
(7)
That includes an order under this Part or regulations under Schedule 25 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—
(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,(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, and(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.”
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
)”.
Schedule
2
makes further provision about decision-making and exercise of
functions.
“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.”
In LDEDCA 2009, after section
104CB
(inserted by section
6
of this Act) This section applies to a power under this Part to make subordinate
Condition A: the SI-making power confers power to make provision
Condition B: provision about the relevant function or matter which is made by an enactment (whenever passed or made) that is could be made under a power conferred by an enactment that
(whether or not that provision also relates to any other combined
authority).
The separate provision or separate power does not limit the In particular, the separate provision or separate power does not prevent making provision about the relevant function or matter in making modifications or other contrary provision to which the Subsection
(4)
applies to provision made under the SI-making power
insert—
“104CC
Powers not limited by other provision or powers
(1)
legislation (the “SI-making power”) and a combined authority if
conditions A and B are met.
(2)
about a particular function or other matter (the “relevant function or
matter”) in relation to the combined authority, and
(3)
relates to the combined authority—
(a)
not subordinate legislation made under this Part (the “separate
provision”), or
(b)
is not contained in this Part (the “separate power”),
(4)
subordinate legislation that may be made under the SI-making power
in relation to the combined authority.
(5)
subordinate legislation under the SI-making power from—
(a)
relation to the combined authority which is to apply instead
of the separate provision;
(b)
separate provision is to be subject in its application in relation
to the combined authority.
(6)
before or after the coming into force of this section.”
“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.”
“Changes to combined authorities”.
“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.”
“29A Appointment of commissioners by the mayor
(1)
The mayor for the area of a CCA may appoint not more than 7
persons—(a)
to assist the mayor in the exercise of the mayor’s general
functions in relation to the areas of competence, and(b)
to otherwise assist the mayor in relation to the exercise by the
CCA of functions which relate to the areas of competence.(2)
A person appointed under this section is referred to in this Chapter
as a “commissioner”.(3)
Schedule 2A makes provision about commissioners.
(4)
In this section and Schedule 2A “area of competence” has the meaning
given by section 2 of the English Devolution and Community Empowerment Act 2026.”
In section 30(3) of LURA 2023 (delegation of functions by the mayor), after for a commissioner appointed under section
29A
to exercise
paragraph (b) insert—
“(ba)
any such function, or”.
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—
“(4A)
“107CA Appointment of commissioners by the mayor
(1)
The mayor for the area of a combined authority may appoint not more
than 7 persons—(a)
to assist the mayor in the exercise of the mayor’s general
functions in relation to the areas of competence, and(b)
to otherwise assist the mayor in relation to the exercise by the
combined authority of functions which relate to the areas of competence.(2)
A person appointed under this section is referred to in this Part as a
“commissioner”.(3)
Schedule 5BA makes provision about commissioners.
(4)
In section 107D(3) of LDEDCA 2009 (delegation of functions by the mayor), for a commissioner appointed under section
107CA
to exercise
after paragraph (b) insert—
“(ba)
any such function, or”.
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—
“(4A)
“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.”
In section 252 (regulations)—
in subsection (2), for “(c)” substitute “(ca)”;
in subsection (5)(a), for “(c)” substitute “(ca)”;
“(ca)
under section 52A ;”
“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,
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)
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 CCA.”
In
section 40
of the
Local Government Finance Act 1992
(issue of precepts by
major precepting authorities)—
omit subsection (11)(a);
in subsection (11)(b), for “that section” substitute “section 107G of the
Local Democracy, Economic Development and Construction Act 2009”;
omit subsection (12)(a);
in subsection (12)(b), for “that section” substitute “section 41 of the
Levelling-up and Regeneration Act 2023”.
In section 107G of LDEDCA 2009 (mayors for combined authority areas:
financial matters)—
omit subsection (1);
in subsection (2), omit “in respect of mayoral functions”;
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,”;
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”.
In section 41 of LURA 2023 (mayors for CCA areas: financial matters),
omit subsection (1);
in subsection (2), omit “in respect of mayoral functions”;
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,”;
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”.
In subsection (5), for “except that section 1 confers power on such a combined the power conferred by section 1 on a mayoral combined section 1 confers power on a non-mayoral combined authority”.
authority” substitute “except that—
(a)
authority is subject to the requirements in subsection (9A) to
obtain consent from the Secretary of State, and
(b)
In subsection (8), for “The reference in subsection (5)” substitute “A reference
in subsection (5) or (9A)”.
In subsection (8A), for “except that section 1 confers power on a CCA” the power conferred by section 1 on a mayoral CCA is subject section 1 confers power on a non-mayoral CCA”.
substitute “except that—
(a)
to the requirements in subsection (9A) to obtain consent from
the Secretary of State, and
(b)
In subsection (8C), for “The reference in subsection (8A)” insert “A reference
in subsection (8A) or (9A)”.
“(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 12 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—(a)
transport functions of the combined authority or CCA,
(b)
functions of a police and crime commissioner exercisable
by the mayor for the area of the combined authority or CCA, and(c)
functions of a fire and rescue authority exercisable by
the mayor for the area of the combined authority or CCA.”
The coming into force of this section does not affect the validity of—
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
anything else done by a combined authority or CCA, or any other
person, before this section came into force—
under or for the purposes of Part 1 of the Local Government
Act 2003, or
in relation to borrowing by a combined authority or CCA under
Part 1 of the Local Government Act 2003.
“(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.”
In subsection (14)—
in the words before the definition of “constituent council”, after “(13)”
insert “and this subsection”;
““
relevant transport costs” means costs that are reasonably
attributable to the exercise of a combined authority’s functions, excluding mayoral functions, relating to transport.”
“(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.”
In subsection (18)—
in the words before the definition of “constituent council”, after “(17)”
insert “and this subsection”;
““
relevant transport costs” means costs that are reasonably
attributable to the exercise of a combined county authority’s functions, excluding mayoral functions, relating to transport.”
In consequence of those amendments—
in section 143 of LGFA 1988 (orders and regulations)—
In section 57 of LURA 2023 (interpretation)—
““
established mayoral strategic authority” means a mayoral CCA
designated by the Secretary of State under section 25A ;”;
““
non-mayoral CCA” means a CCA that is not a mayoral CCA;”.
Part 6 of LDEDCA 2009 is amended as follows—
“Chapter 1 Economic prosperity boards”;
“Chapter 2 Combined authorities”;
“Chapter 3 General provision”.
In section 120 of LDEDCA 2009 (interpretation)—
““
established mayoral strategic authority” means a mayoral
combined authority designated by the Secretary of State under section 106B ;”;
““
non-mayoral combined authority” means a combined authority
that is not a mayoral combined authority;”.
After section 40 of the GLAA 1999 insert—
Schedule
25
to the English Devolution and Community Empowerment
Act 2026 contains powers for the Secretary of State to confer further
additional functions on the Authority, the Mayor and the functional
bodies.”
“Additional functions
40A
Additional functions of the Authority, Mayor and functional bodies
In Schedule 5B to LDEDCA 2009 (mayors for combined authority areas: further A person is disqualified for holding office as the mayor for the area If a person— is elected as the mayor for the area of a combined authority, is, on the first day of the mayoral term, an elected member
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.
If a person— becomes an elected member of a legislature in the United is, when the person becomes the elected member, the mayor
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.
In this paragraph—
“ the House of Commons; the Scottish Parliament; Senedd Cymru; the Northern Ireland Assembly;
“
provision about elections), after paragraph 9A insert—
“9B
(1)
of a combined authority if the person is an elected member of a
legislature in the United Kingdom.
(2)
(a)
and
(b)
of a legislature in the United Kingdom,
(3)
(a)
Kingdom, and
(b)
for the area of a combined authority,
(4)
elected member of a legislature in the United Kingdom” means
a member of—
(a)
(b)
(c)
(d)
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.”
In Schedule 5C to that Act (mayors for combined authority areas: PCC
functions), in paragraph 9 (disqualification)—
in sub-paragraph (1), for “sections 64 to 68” substitute “sections 64 to
66 and section 68”;
in sub-paragraph (2), for “and 9A” substitute “, 9A and 9B ”.
In Schedule 2 to LURA 2023 (mayors for combined county authority areas: A person is disqualified for holding office as the mayor for the area If a person— is elected as the mayor for the area of a CCA, and is, on the first day of the mayoral term, an elected member
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.
If a person— becomes an elected member of a legislature in the United is, when the person becomes the elected member, the mayor
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.
In this paragraph—
“ the House of Commons; the Scottish Parliament; Senedd Cymru; the Northern Ireland Assembly;
“
further provisions about elections), after paragraph 9 insert—
“9A
(1)
of a CCA if the person is an elected member of a legislature in the
United Kingdom.
(2)
(a)
(b)
of a legislature in the United Kingdom,
(3)
(a)
Kingdom, and
(b)
for the area of a CCA,
(4)
elected member of a legislature in the United Kingdom” means
a member of—
(a)
(b)
(c)
(d)
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.”
In Schedule 3 to that Act (mayors for combined county authority areas: PCC
functions), in paragraph 10 (disqualification)—
in sub-paragraph (1), for “sections 64 to 68” substitute “sections 64 to
66 and section 68”;
in sub-paragraph (2), for “and 9” substitute “, 9 and 9A ”.
“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—(a)
the House of Commons;
(b)
the Scottish Parliament;
(c)
Senedd Cymru;
(d)
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.”
In section 30 of LURA 2023 (functions of mayors: general), after subsection Any mayoral function is to be taken to be a function of the CCA that The members and officers of a mayoral CCA may assist the mayor in For the purposes of this section a “mayoral function” is— a function which is conferred by an enactment on the mayor a function which is conferred on the CCA by an enactment if
(1) insert—
“(1A)
is exercisable only by the mayor acting on behalf of the CCA.
(1B)
the exercise of any mayoral function (and here “members” means the
members of the constituent councils who are appointed to be members
of the CCA).
(1C)
(a)
for the area of the CCA, or
(b)
an enactment provides for the function to be exercisable only
by the mayor for the area of the CCA.”
In section 107D of LDEDCA 2009 (functions of mayors: general), after Any mayoral function is to be taken to be a function of the combined The members and officers of a mayoral combined authority may assist For the purposes of this section a “mayoral function” is— a function which is conferred by an enactment on the mayor a function which is conferred on the combined authority by
subsection (1) insert—
“(1A)
authority that is exercisable only by the mayor acting on behalf of the
combined authority.
(1B)
the mayor in the exercise of any mayoral function (and here “members”
means the members of the constituent councils who are appointed to
be members of the combined authority).
(1C)
(a)
for the area of the combined authority, or
(b)
an enactment if an enactment provides for the function to be
exercisable only by the mayor for the area of the combined
authority.”
In subsection (2), after “exercisable by the mayor” insert “(whether by virtue
of regulations under subsection (1) or otherwise)”.
In subsection (8), for “by virtue of this Act” substitute “(whether by virtue of
this Act or otherwise)”.
In subsection (2), after “exercisable by the mayor” insert “(whether by virtue
of an order under subsection (1) or otherwise)”.
In subsection (6), for “by virtue of this Act” substitute “(whether by virtue of
this Act or otherwise)”.
For section 1 of the Cities and Local Government Devolution Act 2016
(devolution: annual report) substitute— The Secretary of State must lay before each House of Parliament an this Act, Part 6 of the Local Democracy, Economic Development and Chapter 1 of Part 2 of the Levelling-up and Regeneration Act Parts 1 and 2 of the English Devolution and Community any other enactment. The annual report must include information on— the areas of the country where strategic authorities have been the areas of the country where proposals have been received strategic authorities which have moved from one category of additional functions which have been conferred on strategic additional financial resources which have been devolved on The annual report must be laid before each House of Parliament as
“1
Devolution: annual report
(1)
annual report about devolution for all areas within England pursuant
to the provisions of—
(a)
(b)
Construction Act 2009,
(c)
2023,
(d)
Empowerment Act 2026, and
(e)
(2)
(a)
established,
(b)
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 to another category,
(d)
authorities within each category of strategic authorities or on
particular strategic authorities, and
(e)
strategic authorities within each category of strategic authorities
or on particular strategic authorities.
(3)
soon as practicable after 31 March each year.
(4)
Schedule 4 amends the Localism Act 2011 to extend the general power of competence to combined authorities and CCAs and their mayors.
“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—(a)
the area of the CCA, and
(b)
one or more of the areas of competence set out in
section 2 of the English Devolution and Community Empowerment Act 2026.”
In section 252 of LURA 2023 (regulations)—
in subsection (5)(a), after “subsection” insert “(8)(aa) or”;
“(aa)
under section 17B(5);”.
“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—(a)
the area of the combined authority, and
(b)
one or more of the areas of competence set out in
section 2 of the English Devolution and Community Empowerment Act 2026.”
In section 117 of LDEDCA 2009 (orders and regulations), in subsection (3)(a),
after “order” insert “or regulations”.
“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—(a)
Greater London, and
(b)
one or more of the areas of competence set out in
section 2 of the English Devolution and Community Empowerment Act 2026.”
In section 420 of GLAA 1999 (regulations and orders), in subsection (7), in
the appropriate place, insert “section 40B;”.
“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 one or more areas 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)
“
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—(a)
the mayor for the area of a CCA,
(b)
the mayor for the area of a combined authority, or
(c)
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—(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)
(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—(b)
accordingly, in the application of those sections in relation to
a particular requesting mayor, “mayor A” means that mayor;(c)
(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.”
“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 one or more areas 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)
“
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—(a)
the mayor for the area of a combined authority,
(b)
the mayor for the area of a combined county authority,
or(c)
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.(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.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—(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)
(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—(b)
accordingly, in the application of those sections in relation to
a particular requesting mayor, “mayor A” means that mayor;(c)
(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.”
“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 one or more areas 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)
“
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—(a)
the Mayor of London,
(b)
the mayor for the area of a combined authority, or
(c)
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.(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.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—(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)
(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—(b)
accordingly, in the application of those sections in relation to
a particular requesting mayor, “mayor A” means that mayor;(c)
(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.”
Schedule 5 confers on strategic authorities, and local authorities where there is no strategic authority, powers to regulate the provision of micromobility vehicles.
Schedule 6 makes provision about arrangements made by combined authorities and CCAs to carry out works on highways.
Schedule 7 makes provision about charges payable by undertakers executing works in maintainable highways.
Schedule 8 confers on combined authorities and CCAs functions in relation to civil enforcement of traffic contraventions.
The GLAA 1999 is amended as follows.
In section 163(1), in the words after paragraph (b), for “Secretary of State”
substitute “appropriate person”.
In section 163(2), for “Secretary of State” substitute “appropriate person”.
“(4A)
Transport for London must consult Network Rail Limited, or a
subsidiary of Network Rail Limited nominated by Network Rail Limited, before seeking from the appropriate person—(a)
consent under subsection (1) in relation to land used by
Network Rail, or(b)
consent under subsection (2) in relation to a company in which
is vested land used by Network Rail.(4B)
The Secretary of State may by regulations—
(a)
amend subsection (4A) by adding or removing a person who
must be consulted under that subsection;(b)
amend this section to include other requirements for Transport
for London to consult before seeking a consent under this section.”
“(5)
Any consent—
(a)
of the appropriate person under this section may be given in
relation to any particular transaction or description of transactions; and(b)
of the Secretary of State under this section may be given subject
to conditions.”
In section 163(7), for “Secretary of State”, substitute “appropriate person”.
““
appropriate person” means—(a)
in relation to consent under subsection (1)—
(i)
the Mayor of London, in a case where the consent
relates to land which is entirely within Greater London and is not Crown land;(ii)
the Secretary of State, in case where the consent relates
to any other land;(b)
in relation to consent under subsection (2)—
(i)
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;(ii)
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—(a)
land that is used wholly or partly for the provision of network
services by Network Rail; and(b)
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);”
In section 164(a), after “Secretary of State” insert “or Mayor”.
“(5A)
A statutory instrument containing regulations under section 163 (4B) of this Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Schedule 9 makes provision about key route network roads (including road traffic reduction).
For section 113 of the Transport Act 2000 substitute— A metropolitan district council that is within the area of an Integrated must carry out its functions so as to implement the policies must, in carrying out its functions in accordance with paragraph
(a)
— comply with the duties set out in section 108(2ZB), and have regard to the proposals contained in the applicable must— cause a copy of the applicable local transport plan to give notice, by such means as it thinks expedient for supply a copy of the applicable local transport plan (or A constituent council of a combined authority or a combined county must carry out its functions so as to implement the policies must, in carrying out its functions in accordance with paragraph
(a)
— comply with the duties set out in section 108(2ZB), and have regard to the proposals contained in the applicable must— cause a copy of the applicable local transport plan to give notice, by such means as it thinks expedient for supply a copy of the applicable local transport plan (or In this section—
“ in relation to a metropolitan district council that is in relation to a constituent council of a combined
“ in relation to a combined authority, means— a county council the whole or any part of whose a district council whose area is within the area in relation to a combined county authority, means— a county council for an area within the area of a unitary district council for an area within the
and here “unitary district council” means a district
council whose area does not form part of the area of a
county council.
In any enactment, a reference—
“113
Role of councils in relation to policies etc of ITAs, combined
authorities & CCAs
(1)
Transport Authority (the “ITA”)—
(a)
developed by the ITA in accordance with section 108(1)(b);
(b)
(i)
(ii)
local transport plan;
(c)
(i)
be made available for inspection (at all reasonable
hours) at such places as it thinks fit,
(ii)
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)
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)
authority—
(a)
developed by the combined authority or combined county
authority in accordance with section 108(1)(b);
(b)
(i)
(ii)
local transport plan;
(c)
(i)
be made available for inspection (at all reasonable
hours) at such places as it thinks fit,
(ii)
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)
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)
applicable local transport plan”—
(a)
within the area of an Integrated Transport Authority,
means the local transport plan of the ITA;
(b)
authority or combined county authority, means the local
transport plan of that authority;
constituent council”—
(a)
(i)
area is within the area of the authority, or
(ii)
of the authority;
(b)
(i)
the authority, or
(ii)
area of the authority;
(4)
Schedule 10
confers on combined authorities and CCAs functions as local
transport authorities and makes provision about other functions relating to
transport.
Schedule 11 confers on strategic authorities functions relating to education.
Schedule 12 confers on mayors of combined authorities and CCAs functions in relation to planning applications of potential strategic importance.
Schedule
13
confers on mayors of combined authorities and CCAs functions
in relation to development orders.
Schedule 14 contains amendments relating to section 32 and this section.
Schedule 15 confers on mayors of combined authorities and CCAs powers to charge community infrastructure levy.
Schedule 16 confers on strategic authorities functions relating to the acquisition and development of land.
Schedule 17 confers on combined authorities and CCAs functions relating to housing accommodation.
Schedule 18 provides for mayoral development corporations to be established within the areas of mayoral combined authorities and mayoral CCAs.
Schedule 19 confers on combined authorities and CCAs functions in relation to the assessment of economic conditions.
Schedule 20
confers on mayoral strategic authorities functions in relation to
local growth plans.
Chapter 1 of Part 3 of the Local Government Act 2003 (expenditure grant) is
amended in accordance with this section.
In the heading of section 31 (power to pay grant), after “power” insert “of
Ministers”.
“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—(a)
in relation to a combined authority—
(i)
a county council the whole or any part of whose
area is within the area of the authority, or(ii)
a district council whose area is within the area
of the authority;(b)
in relation to a combined county authority—
(i)
a county council for an area within the area of
the authority, or(ii)
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).”
LGA 1972 is amended in accordance with this section.
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”.
In section 145 (provision of entertainments)—
in subsection (1), in the words before paragraph (a), after “local
authority” insert “, combined authority or combined county authority”;
in subsection (2), in the words before paragraph (a), after “local
authority” insert “, combined authority or combined county authority”.
After section
107ZB
of LDEDCA 2009 (inserted by section
44
(1)
of this Act), This section applies where a scheme manager is responsible for The combined authority must co-operate with the scheme manager to Where the scheme manager participates in an asset pool company, the scheme manager, the asset pool company, or both the scheme manager and the asset pool company. A scheme manager participates in an asset pool company by— being a shareholder of the company, being a shareholder in another company which is the only contracting with the company for it to manage the funds and In this section—
“
“
“
“
insert—
“Combined authorities: co-operation with local government pension scheme managers
107ZC
Co-operation with local government pension scheme managers
(1)
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)
identify and develop investment opportunities appropriate to the
pension fund that the scheme manager maintains for its part of the
scheme.
(3)
the combined authority may fulfil its duty to co-operate with the
scheme manager under
subsection (2)
by co-operating with—
(a)
(b)
(c)
(4)
(a)
(b)
shareholder of the company, or
(c)
other assets for which the scheme manager is responsible.
(5)
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).”
“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).”
“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).”
Schedule 21 confers on combined authorities and CCAs and the GLA miscellaneous functions exercisable by local authorities.
“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.”
“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.”
In section 309(F)(5) of GLAA 1999 (health inequalities between persons living environmental factors, including air quality and access to green
in Greater London) after paragraph (a), insert—
“(aa)
space and bodies of water,”.
In section 107F of LDEDCA 2009 (functions of mayors: policing)—
“(1A)
The mayor for the area of a combined authority is to exercise
functions of a police and crime commissioner in relation to that area if the combined authority meets the eligibility condition and transfer condition in relation to that area (see section 107FA ).”;
in subsection (2), for “The reference in subsection (1)” substitute “A
reference in this section”;
in subsection (3), for “subsection (1)” substitute “this section”;
in subsection (8)(b), after “Schedule 5C” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.
“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)
(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.”
In section 107G of LDEDCA 2009 (mayors for combined authorities: financial Where the mayoral functions of a mayor include PCC functions in
matters), after subsection (4) insert—
“(4A)
relation to more than one police area, the provision made in accordance
with subsection (4)(a) which ensures that there is a separate component
in respect of the mayor’s PCC functions must include separate
components in respect of the mayor’s PCC functions in relation to the
different police areas.”
In section 33 of LURA 2023 (functions of mayors: policing)—
“(1A)
The mayor for the area of a CCA is to exercise functions of a
police and crime commissioner in relation to that area if the CCA meets the eligibility condition and transfer condition in relation to that area (see section 33A ).”;
in subsection (2), for “The reference in subsection (1)” substitute “A
reference in this section”;
in subsection (3), for “subsection (1)” substitute “this section”;
in subsection (8)(b), after “Schedule 3” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.
“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)
(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.”
In section 41 of LURA 2023 (mayors for CCA areas: financial matters), after Where the mayoral functions of a mayor include PCC functions in
subsection (4) insert—
“(4A)
relation to more than one police area, the provision made in accordance
with subsection (4)(a) which ensures that there is a separate component
in respect of the mayor’s PCC functions must include separate
components in respect of the mayor’s PCC functions in relation to the
different police areas.”
After paragraph 21(a) of Schedule 1 to the Greater Manchester Combined The mayor must— appoint a person as the deputy mayor for arrange for the deputy mayor for policing and
Authority (Transfer of Police and Crime Commissioner Functions to the
Mayor) Order 2017 (S.I. 2017/470), insert—
“(aa)
“(1)
(a)
policing and crime for the area, and
(b)
crime to exercise one or more of the mayor’s
PCC functions.”
After—
paragraph 21(a) of Schedule 5 to the West Yorkshire Combined
Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112),
paragraph 21(a) of Schedule 5 to the York and North Yorkshire
Combined Authority Order 2023 (S.I. 2023/1432), and
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— The Mayor must— appoint a person as the deputy mayor for arrange for the deputy mayor for policing and
“(aa)
“(1)
(a)
policing and crime for the area, and
(b)
crime to exercise one or more of the Mayor’s
PCC functions.”
In section 1 of PRSRA 2011 (police and crime commissioners), for subsection Subsection (1) does not apply to an area if the mayor for the area of an order under section 107F(1) of the Local Democracy, section 107F
(1A)
of that Act; regulations under section 33(1) of the Levelling-up and section 33
(1A)
of that Act. See section
76A
and Schedule
10A
for provision about cases where a section 107F
(1A)
of the Local Democracy, Economic section 33
(1A)
of the Levelling-up and Regeneration Act 2023.”
(9A) substitute—
“(9A)
a combined authority or combined county authority is to exercise
functions of a police and crime commissioner in relation to the area
in accordance with—
(a)
Economic Development and Construction Act 2009;
(b)
(c)
Regeneration Act 2023;
(d)
(9B)
mayor is to exercise functions in accordance with—
(a)
Development and Construction Act 2009, or
(b)
“Chapter 6A Exercise of PCC functions by elected mayors
76A Exercise of PCC functions by elected mayors
Schedule 10A makes provision about cases where a mayor is to exercise functions in accordance with—
(a)
section 107F (1A) of the Local Democracy, Economic
Development and Construction Act 2009, or(b)
section 33 (1A) of the Levelling-up and Regeneration Act 2023.”
In the Police Act 1996—
in section 32 (power to alter police areas by order), in subsection (3)—
in the words before paragraph (a), omit “either”;
(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.”;
“(4A)
In this section—
“
eligibility condition” has the same meaning as in—(a)
section 107FA of the Local Democracy, Economic
Development and Construction Act 2009, or(b)
section 33A of the Levelling-up and Regeneration
Act 2023;“
mayoral strategic authority” means—(a)
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(b)
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);
in section 34 (orders altering police areas: supplementary provision),
in subsection (5), after “subsection (3)(a)” insert “or (3)(c)”.
“(f)
“(2A)
(2B)
The functions of a mayoral combined authority or mayoral CCA as a
fire and rescue authority are functions of the mayoral combined authority or mayoral CCA exercisable only by the mayor on behalf of the combined authority or CCA.”
“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)
(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)
(b)
the fire and rescue authority for each of those areas is the
relevant mayoral authority.(5)
(6)
(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)
(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 54 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 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—(a)
ends when the designation of the mayoral combined
authority or mayoral CCA as the fire and rescue authority for the area takes effect, and(b)
is no longer than one year.”
In section 5M of FRSA 2004 (interpretation), after the definition of “City of
““
“
London police area” insert—
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);”.
Schedule 23 contains further provision about fire and rescue services.
In section 107EA of LDEDCA 2009 (exercise of fire and rescue functions)—
“(1)
This section applies to a mayor for the area of a combined
authority who—(a)
by virtue of—
(i)
section 107D(1), or
(ii)
section 1 (2B) of the Fire and Rescue Services Act
2004,may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and
(b)
by virtue of—
(i)
section 107F(1), or
(ii)
section 107F (1A) ,
may exercise functions of a police and crime commissioner.”;
in subsection (5), after “107D(1)” insert “, or in section 1
(2B)
of the
Fire and Rescue Services Act 2004,”.
In section 34 of LURA 2023 (exercise of fire and rescue functions)—
“(1)
This section applies to a mayor for the area of a CCA who—
(a)
by virtue of—
(i)
section 30(1), or
(ii)
section 1 (2B) of the Fire and Rescue Services Act
2004,may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and
(b)
by virtue of—
(i)
section 33(1), or
(ii)
section 33 (1A) ,
may exercise functions of a police and crime commissioner.”;
in subsection (5), after “30(1)” insert “, or in section 1
(2B)
of the Fire
and Rescue Services Act 2004,”.
In section 115 of the Crime and Disorder Act 1998 (disclosure of information),
in subsection (2), after paragraph (c) insert— a combined authority established under section 103 of the Local a combined county authority established under section 9(1) of
“(ca)
Democracy, Economic Development and Construction Act 2009;
(cb)
the Levelling-up and Regeneration Act 2023;”.
Schedule 24 amends the Licensing Act 2003 to confer licensing functions on the Mayor of London.
One or more mayors for EMSAs may notify the Secretary of State of—
any change to the law relating to strategic authorities,
any change to the funding of strategic authorities, or
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 one or more areas of competence.
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.
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—
decide how to respond, and
notify the mayor or mayors that gave the notification of—
the decision, and
the reasons for making the decision.
Schedule 25 confers on the Secretary of State powers in relation to the functions of strategic authorities and mayors (including powers to use pilot schemes).
Section 18 of the Cities and Local Government Devolution Act 2016 (devolving
health service functions) is amended in accordance with this section.
In subsection (1)—
“(1)
A devolution of functions SI—”;
in paragraph (c)—
for “or a combined county authority” substitute “a combined
county authority or a category of strategic authorities”;
after “that authority” insert “or those authorities”.
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.”
In subsection (7), in the words before paragraph (a), for “2022” substitute
“2023”.
“(7A)
In subsection (8), for the words from “transferred” to the end substitute
“transferred to it by a devolution of functions SI.”
“(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;“
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—(a)
regulations under section 16 of this Act;
(b)
an order under section 105A of the 2009 Act (conferral
of functions of public authority on combined authority);(c)
regulations under section 19(1) of the 2023 Act (conferral
of functions of public authority on combined county authority);“
the health service” has the meaning given by section 275(1) of
the NHSA 2006.”.
The Secretary of State may by regulations make incidental, consequential,
transitional, transitory or supplementary provision for the purposes of, or in
consequence of—
the conferral of a function on a relevant authority, or
the modification of a function of a relevant authority,
by relevant legislation.
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).
Regulations under this section may (in particular) amend any Act of Parliament
(whenever passed), including by amending this Act.
Regulations under this section which contain provision amending an Act of
Parliament are subject to affirmative resolution procedure.
Any other regulations under this section are subject to negative resolution
procedure.
In this section—
“
relevant authority” means—
a strategic authority;
the mayor for the area of a CCA or the area of a combined
authority;
the Mayor of London;
a GLA functional body.
“
relevant legislation” means—
this Act,
regulations under this Act, or
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).
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—
the conferral of a function on a relevant authority, or
the modification of a function of a relevant authority,
by relevant legislation.
Property, rights and liabilities may be transferred by—
the regulations,
a scheme made by the Secretary of State under the regulations, or
a scheme required to be made under the regulations by a person other
than the Secretary of State.
A transfer by virtue of this section may have effect—
whether or not the property, rights and liabilities would otherwise be
capable of being transferred;
without any instrument or formality being required.
The rights and liabilities which may be transferred by virtue of this section
include rights and liabilities in relation to a contract of employment.
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).
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.
Provision for the transfer of property, rights and liabilities made by virtue of
this section may include provision—
for the creation or imposition by the Secretary of State of new rights
or liabilities in respect of anything transferred;
for the shared ownership or use of any property or facilities;
for the management or custody of transferred property;
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.
Provision for the transfer of property, rights and liabilities made by virtue of
this section may include provision—
for the continuing effect of things done by the transferor in relation
to anything transferred;
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;
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.
Regulations under this section are subject to affirmative resolution procedure.
In this section—
“
relevant authority” means—
a strategic authority;
the mayor for the area of a CCA or the area of a combined
authority;
the Mayor of London;
a GLA functional body;
“
relevant legislation” means—
this Act,
regulations under this Act, or
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).
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—
strategic authorities generally, or
a category of strategic authorities.
This section does not limit the making of—
permitted provision, or
provision that is—
in consequence of, or
otherwise in connection with,
permitted provision (whether the permitted provision is made in secondary legislation or an Act of Parliament).
In this section “permitted provision” means provision—
modifying a function;
abolishing a function;
repealing or revoking provision conferring a function in consequence
of, or otherwise in connection with, other legislation conferring the
function (with or without modifications).
Schedule 26 makes provision about arrangements relating to single tiers of local government.
In section 12 of the Local Government and Public Involvement in Health Act 2007 (provision relating to membership etc of authorities)—
“(3A)
Where an order makes provision under subsection (1)(k)
conferring functions on a new local authority in relation to a combined authority or combined county authority, the order may provide that such functions are no longer functions of an existing local authority.”;
“(5A)
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 .”
Schedule 27 contains provision about local authority governance and executives.
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”).
“Appropriate arrangements” for the purposes of
subsection (1)
are such
arrangements as are specified in regulations made by the Secretary of State.
Regulations under subsection (2) may include provision—
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);
about the number, membership, funding and review of such structures;
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);
requiring the carrying out of such activities for the purpose of ensuring
local engagement with the neighbourhood area as may be specified.
Regulations under this section may—
confer a function, including a function involving the exercise of a
discretion, on any person;
provide for exceptions.
In this section—
“
local authority” means—
a county council,
a district council,
a London borough council;
“
specified” means specified or described in regulations under this section.
Regulations under this section are subject to affirmative resolution procedure.
Schedule 28 makes provision for the use of the supplementary vote system in elections of mayors and police and crime commissioners.
In section 100G (principal councils to publish additional information) of LGA
1972, in subsection (5), omit “, in relation to a principal council in Wales,”.
The Localism Act 2011 is amended as follows.
In section 29 (register of interests), in subsection (8), for “section 32(2)”
substitute “sections 32(2) and
32A
”.
“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)
(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.”
Schedule 29 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.
A licence is “regulated” if—
the licence is—
a taxi driver licence,
a taxi vehicle licence,
a PHV driver licence,
a PHV vehicle licence, or
a PHV operator licence, and
the licensing authority is in England.
The Secretary of State may, by regulations, prescribe standards which are
relevant to whether it is appropriate for a regulated licence to be granted.
For each national minimum standard prescribed under this section, the
Secretary of State may, by regulations, provide for whether the licensing
authority—
is required to refuse to grant the licence, or
has a power to refuse to grant the licence,
if the licensing authority is not satisfied that the standard is met.
Regulations under subsection
(2)
which relate to a standard may include
provision—
for the licensing authority—
to be required to give an opportunity to remedy the failure to
meet the standard, or
to have a power to give such an opportunity, and
for the requirement or power to refuse the grant of the licence to cease
to apply if the failure is remedied.
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 minimum standard is met.
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.
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.
For each national minimum standard prescribed under this section, the
Secretary of State may, by regulations—
provide for when, or the circumstances in which, a licensing authority
must determine whether the standard is met;
provide for which permitted response or responses will be available
if the licensing authority is not satisfied that the standard is met;
provide, if both permitted responses are available, for the circumstances
in which a particular permitted response is to be made;
provide for whether the licensing authority—
is required to make a permitted response, or
has a power to make a permitted response,
if the licensing authority is not satisfied that the standard is met;
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.
Regulations under subsection
(2)
which relate to a standard may include
provision—
for the licensing authority—
to be required to give an opportunity to remedy the failure to
meet the standard, or
to have a power to give such an opportunity, and
for the requirement or power to make a permitted response to cease
to apply if the failure is remedied.
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 minimum standard is met.
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—
suspending a regulated licence, or
revoking a regulated licence;
and a reference to making a permitted response is to be read accordingly.
The Secretary of State may, by regulations, prescribe standards which are
relevant to whether it is appropriate for a regulated licence to be renewed.
For each national minimum standard prescribed under this section, the
Secretary of State may, by regulations, provide for whether the licensing
authority—
is required to refuse to renew the licence, or
has a power to refuse to renew the licence,
if the licensing authority is not satisfied that the standard is met.
Regulations under subsection
(2)
which relate to a standard may include
provision—
for the licensing authority—
to be required to give an opportunity to remedy the failure to
meet the standard, or
to have a power to give such an opportunity, and
for the requirement or power to refuse the renewal of the licence to
cease to apply if the failure is remedied.
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 minimum standard is met.
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.
National minimum standards may relate to any of the following—
persons applying for or holding regulated licences;
other persons;
vehicles;
the types of services provided using taxis or private hire vehicles;
premises;
any other matters which appear to the Secretary of State to be
appropriate.
National minimum standards may require action to be taken (for example
undertaking training, or installing or using equipment, technology or services).
This section does not limit the kinds of national minimum standards that
may be prescribed.
The Secretary of State may issue guidance to licensing authorities in connection
with the exercise of their functions in accordance with this Chapter.
The Secretary of State may revise or revoke guidance issued under this section.
The Secretary of State must arrange for guidance under this section, and any
revision of it, to be published.
A licensing authority must have regard to guidance issued under this section.
Sections
65
to
67
do not prevent the exercise of any other power or duty of
a licensing authority to—
grant,
suspend,
revoke, or
renew,
a regulated licence in a way that is consistent with provision made by regulations under those sections (which includes refusing to grant, suspending, revoking, or refusing to renew a licence when not required or authorised to do so by that provision).
“36A National minimum standards for licensing
Regulations under this Chapter may amend or repeal provision made by an
Act of Parliament (whenever passed).
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.
Any other regulations under this Chapter are subject to negative resolution
procedure.
In this Chapter—
“
licensing authority”, in relation to a regulated licence, means a public
authority which has licensing functions under—
sections 37 to 68 of the Town Police Clauses Act 1847;
the Metropolitan Public Carriage Act 1869;
the Plymouth City Council Act 1975;
Part 2 of the Local Government (Miscellaneous Provisions) Act
1976;
the Private Hire Vehicles (London) Act 1998;
“
national minimum standards” has the meaning given in section
64
;
“
PHV driver licence” is a licence under—
section 51 of the Local Government (Miscellaneous Provisions)
Act 1976,
section 13 of the Private Hire Vehicles (London) Act 1998, or
section 9 of the Plymouth City Council Act 1975;
“
PHV operator licence” is a licence under—
section 55 of the Local Government (Miscellaneous Provisions)
Act 1976,
section 3 of the Private Hire Vehicles (London) Act 1998, or
section 13 of the Plymouth City Council Act 1975;
“
PHV vehicle licence” is a licence under—
section 48 of the Local Government (Miscellaneous Provisions)
Act 1976,
section 7 of the Private Hire Vehicles (London) Act 1998, or
section 5 of the Plymouth City Council Act 1975;
“
regulated licence” has the meaning given in section
64
;
“
standard” includes—
a requirement, and
a condition;
“
taxi driver licence” is a licence under—
section 46 of the Town Police Clauses Act 1847, or
section 8 of the Metropolitan Public Carriage Act 1869;
“
taxi vehicle licence” is a licence under—
section 37 of the Town Police Clauses Act 1847, or
section 6 of the Metropolitan Public Carriage Act 1869.
Schedule 30 amends the Localism Act 2011 to extend the general power of competence to English National Park authorities and the Broads Authority.
“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—
(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)
(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.”
Schedule
31
makes further provision about the Local Audit Office (including
the insertion of the
Schedule 1A
referred to above).
“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(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)
(6)
(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)
6D Professional qualifications
In Schedule 1D —
(a)
Part 1 sets out certain requirements as to professional
qualification referred to in Schedule 1C , and6E 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.”
Schedule
32
inserts the
Schedule 1B
,
Schedule 1C
and
Schedule 1D
referred
to above.
In the Local Audit and Accountability Act 2014, after
Part 2A
(inserted by
section
75
(1)
) insert— This section applies in relation to a relevant authority other than a The Local Audit Office must, in relation to each financial year— decide that it is to audit the accounts of the authority, or appoint a registered local audit provider to audit those In the following provisions of this Part, references to an appointment A single appointment may be made for multiple financial years. An appointment must be made before the beginning of the financial The appointment of a registered local audit provider is to be on terms Two or more local auditors may be appointed— to act jointly in relation to some or all parts of the accounts; to act separately in relation to different parts of the accounts; to carry out different functions in relation to the audit. 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 it may be exercised by both or all of them acting jointly or by references (however expressed) to the local auditor by whom The Local Audit Office must not appoint a person whom it has reason Before making an appointment, the Local Audit Office must inform As soon as practicable after making an appointment, the Office must states that it has made the appointment, identifies the local auditor that has been appointed, and specifies the financial year or years for which the local auditor A relevant authority must publish a notice under subsection
(2)
within The notice must be published— if the relevant authority has a website, on its website; otherwise, in such manner as the relevant authority thinks is If the Local Audit Office is appointed, it may resign from the If a registered local audit provider is appointed, the terms of the provision for the resignation of the provider, and provision for the removal of the provider by the Local Audit The Local Audit Office must charge a relevant authority a fee in respect The amount of the fee may be revised (even after it has been paid or The payment terms are to be determined by the Office and notified The Office must publish a table of indicative fees, from which each The Office must give reasons if it— revises a fee upwards, or charges a relevant authority a higher amount than that
“Part 2B
Appointment etc of local auditors: authorities other than health
service bodies
6G
Local Audit Office to appoint auditor
(1)
health service body.
(2)
(a)
(b)
accounts.
(3)
(4)
are to an appointment under this section.
6H
Further provision about appointments
(1)
(2)
year (or the first of the financial years) to which it relates.
(3)
agreed in writing between the Local Audit Office and the provider.
(4)
(a)
(b)
(c)
(5)
auditors—
(a)
such one or more of them as they may determine, and
(b)
the function is or has been exercised are to the auditors by
whom it is or has been exercised.
(6)
to think will be unable to act because of section
32B
(independence
requirement).
6I
Procedure for appointment
(1)
the relevant authority of the person it proposes to appoint and give
the authority a reasonable opportunity to make representations.
(2)
send to the relevant authority concerned a notice that—
(a)
(b)
(c)
has been appointed.
(3)
the period of 28 days beginning with the day on which it receives it.
(4)
(a)
(b)
likely to bring the notice to the attention of persons who live
in its area.
6J
Resignation and removal
(1)
appointment by giving written notice to the relevant authority
concerned.
(2)
appointment must include—
(a)
(b)
Office.
(3)
(4)
6K
Audit fees
(1)
of the carrying out of an audit by a local auditor appointed by the
Office.
(2)
the audit concerned has been completed).
(3)
in writing to the relevant authority.
(4)
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)
(a)
(b)
indicated in the table of indicative fees.”
In the Local Audit and Accountability Act 2014, before section 20 insert— The firm must ensure that— an individual working for the firm acts as the lead partner for the name of that individual is known to— the Local Audit Office, and the relevant authority whose accounts are being audited. The individual must appear in a list kept in relation to the firm in The Office must ensure that— an individual working for the Office acts as the lead partner the name of that individual is known to the relevant authority The individual must appear in a public list kept by the Office of The Office must make arrangements designed to secure that an For the purposes of this Act, an individual acts as the lead partner for the opinion to be given under section 20(2)(b) or 21(5)(a), the making of any public interest report or recommendation, the issuing of any advisory notice.”
“19A
Requirement to nominate lead partner
(1)
(2)
(a)
the audit in question, and
(b)
(i)
(ii)
(3)
accordance with paragraph
6
of
Schedule 1C
(list of eligible lead
partners in firm’s register entry).
(4)
(5)
(a)
for the audit in question, and
(b)
whose accounts are being audited.
(6)
individuals who may act as the lead partner for an audit carried out
by the Office.
(7)
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)
an audit if the individual is primarily responsible for the local auditor’s
decisions as to—
(a)
(b)
and
(c)
In the Local Audit and Accountability Act 2014, paragraph 1 of Schedule 6
(preparation of code of audit practice) is amended as follows.
“(1)
The Local Audit Office must prepare one or more codes of audit
practice.(1A)
A code—
(a)
must prescribe the auditing standards that are to be applied
in the carrying out of audits under this Act, and(b)
may impose other requirements as to the way in which local
auditors carry out their functions under this Act.”
In sub-paragraph (2), for “Comptroller and Auditor General” substitute
“Office”.
“(4)
A code may prescribe auditing standards or impose other
requirements by—(a)
setting out, or referring to, standards or requirements
formulated by the Office, or(b)
adopting, with or without modification, standards or
requirements formulated by another body;and any reference in a code to a standard or requirement set out elsewhere may be to that standard or requirement as amended or replaced in the future.”
“(5)
Before preparing a code, the Office must consult—
(a)
the Comptroller and Auditor General,
(b)
such associations or representatives of relevant authorities
as the Office considers appropriate,(c)
registered local audit providers,
(d)
the Secretary of State,
(e)
the Treasury,
(f)
any external registration body, and
(g)
such other persons as the Office considers appropriate.”
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.
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)—
superseded by guidance prepared in accordance with that paragraph
as amended by this Act, or
revoked by the Office.
In the Local Audit and Accountability Act 2014, before section 34 insert— A relevant authority other than a health service body must— have an audit committee, and arrange for its audit committee to exercise the functions set The audit committee is to be— in the case of a relevant authority that has a general power in any other case, a group of individuals appointed by the reviewing and scrutinising the authority’s financial affairs, reviewing and assessing the authority’s risk management, reviewing and assessing the economy, efficiency and The Secretary of State may by regulations make provision about— the membership of an audit committee; the appointment of the members; payment to the members of allowances, expenses, gratuities or Provision must be made under subsection
(5)
so as to ensure that at In the case of a relevant authority within subsection
(2)
(a)
, the powers the powers necessary to give effect to regulations under the power to appoint to its audit committee persons who are A relevant authority must have regard to any guidance issued by the References in this section to a committee of a relevant authority include
“33A
Audit committees
(1)
(a)
(b)
out in subsection
(3)
.
(2)
(a)
under an enactment to appoint committees, a committee of the
authority designated by the authority as its audit committee,
or
(b)
relevant authority.
(3)
(a)
(b)
internal control and governance arrangements,
(c)
effectiveness with which resources have been used in
discharging the authority’s functions, and
(4)
(5)
(a)
(b)
(c)
pensions.
(6)
least one member of an audit committee is an independent person, as
defined by the regulations.
(7)
(8)
(9)
of the authority in relation to its committees are to be taken to include
(so far as they would otherwise not)—
(a)
subsection
(5)
, and
(b)
not members of the authority (even where not required by
regulations under subsection
(5)
).
(10)
Secretary of State in relation to audit committees.
(11)
a sub-committee of such a committee.”
In the Local Audit and Accountability Act 2014, after section
33A
(inserted
by section
79
) insert— If requested to do so by the Secretary of State, the Local Audit Office carry out a review of a relevant authority’s audit and reporting report the findings of the review to the authority and the An authority’s “audit and reporting arrangements” are the enabling it to discharge its functions under this Act, or enabling a local auditor to discharge its functions in relation A request by the Secretary of State under this section— may require or permit the review to be limited to certain must specify the time by which the Office is to submit its may be varied or withdrawn by notice to the Office. Section 22 (right to documents and information) applies in relation to But section 23 (offences of obstruction and non-compliance) does not If the High Court is satisfied, on an application by the Office, that any obstructed the exercise of any power conferred by the applied failed to comply with any requirement of the applied section
it may order the person to take such steps as it considers will remedy
the obstruction or non-compliance.
The Secretary of State must publish a summary of any findings
“33B
Review of audit and reporting arrangements at Secretary of State’s
request
(1)
must—
(a)
arrangements, and
(b)
Secretary of State.
(2)
arrangements it has (or recently had) in place for the purposes of—
(a)
(b)
to the authority.
(3)
(a)
aspects of the authority’s audit and reporting arrangements;
(b)
report;
(c)
(4)
the Office and its functions under this section as it applies in relation
to a local auditor and its functions under this Act.
(5)
apply in relation to section 22 as applied by subsection
(4)
(“the applied
section 22”).
(6)
person has—
(a)
section 22, or
(b)
22,
(7)
reported under this section.”
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”.
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.
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—
that ending with 31 March 2023,
that ending with 31 March 2024, and
that ending with 31 March 2025.
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.
Regulations under this section may modify any time limit (whether or not it
has already been reached).
Regulations under this section are subject to negative resolution procedure.
In section 20 of the Local Audit and Accountability Act 2014 (general duties
of auditors), for subsection (3) substitute— If a statement of accounts prepared by a relevant authority under this accounts of a pension fund maintained by the authority under other accounts of the authority,
the authority’s local auditor must give a separate opinion on the part
of the statement that relates to the accounts of the pension fund.”
“(3)
Act includes both—
(a)
regulations under section 1 of the Public Service Pensions Act
2013 as they relate to local government workers (within the
meaning of that Act), and
(b)
Schedule 33 makes further amendments in connection with local audit.
“54A Rent reviews and arrangements for new tenancies
(1)
Schedule 7A makes provision about rent reviews.
(2)
Schedule 7B makes provision about terms relating to rent in
arrangements which require a new tenancy to be granted or taken.”
In this Act—
“
area of competence” has the meaning given in section
2
;
“
category of strategic authorities” means each of the following—
the single foundation strategic authorities;
the combined foundation strategic authorities;
the mayoral strategic authorities except the established mayoral
strategic authorities;
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—
a single foundation strategic authority, or
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—
an Act of Parliament, or
secondary legislation;
“
LGA 1972” means the Local Government Act 1972;
“
LGA 1985” means the Local Government Act 1985;
“
LGFA 1988” means the Local Government Finance Act 1988;
“
LURA 2023” means the Levelling-up and Regeneration Act 2023;
“
mayor for an EMSA” means—
the mayor for the area of a mayoral combined authority, or
mayoral CCA, that is an established mayoral strategic authority,
or
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.
This section applies to any provision of any subordinate legislation made
under—
Part 6 of LDEDCA 2009, or
Chapter 1 of Part 2 of LURA 2023,
before this section comes into force (the “subordinate legislation”).
Accordingly—
the primary legislation does not affect any contrary subordinate
legislation; and
the primary legislation has effect subject to the contrary subordinate
legislation.
For that purpose “contrary subordinate legislation” means any of the
subordinate legislation that—
makes provision which is to continue to apply instead of the primary
legislation by virtue of subsection
(2)
, or
makes modifications or other contrary provision to which the primary
legislation is to continue to be subject by virtue of subsection
(2)
.
For provision about the relationship between—
the powers under which the subordinate legislation is made, and
the primary legislation,
This section does not prevent the exercise of the power conferred by section
88
to make amendments, modifications or revocations of the subordinate
legislation that are consequential on the primary legislation.
The Secretary of State may by regulations make provision that is consequential
on this Act.
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.
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.
Any other regulations under this section are subject to negative resolution
procedure.
Regulations under this Act are to be made by statutory instrument.
Any power to make regulations under this Act includes power to make—
different provision for different purposes;
incidental, supplementary or consequential provision;
transitional or saving provision.
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.
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.
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.
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.
This section does not apply to regulations under section 92 .
There is to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of the Act by the Secretary
of State, and
any increase attributable to the Act in the sums payable under or by
virtue of any other Act out of money so provided.
This Act extends to England and Wales only.
That is subject to the following provisions of this section.
Any amendment or repeal has the same extent as the provision amended or
repealed.
On the day on which this Act is passed—
this Part comes into force;
the provisions referred to in subsection (4) come into force;
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.
Section 25
(and Schedule
7
) (charges payable by undertakers executing works
in maintainable highways) do not come into force in accordance with
subsection (1)
(c)
.
No provision of
Chapter 3
of
Part 3
(licensing of taxis and private hire
vehicles) comes into force in accordance with
subsection (1)
(c)
.
section 1 (strategic authorities);
section 2 (areas of competence);
section 4
(and
Schedule 1
) (combined authorities and CCAs:
establishment, expansion and functions), apart from paragraphs
16
,
19
,
38
and
41
of
Schedule 1
and any provision of that Schedule so far
as relating to any of those paragraphs;
section 5 (combined authorities and CCAs: functions generally);
section 7
(combined authorities and CCAs: powers not limited by other
provision or powers);
section 9 (and Schedule 3 ) (appointment of commissioners by mayors);
section 13 (levies);
section 14 (combined authorities and CCAs: minor amendments);
section 17 (functions of mayors of combined authorities or CCAs);
section 18 (the “general functions” of mayors);
section 20
(and
Schedule 4
) (extension of general power of competence
to strategic authorities) so far as they relate to mayoral combined
authorities and mayoral CCAs;
section 24
(and
Schedule 6
) (arrangements to carry out works on
highways);
section 26 (and Schedule 8 ) (civil enforcement of traffic contraventions);
section 28 (and Schedule 9 ) (key route network roads);
section
29
(constituent councils to act in accordance with local transport
plans etc);
section 30
(and
Schedule 10
) (local transport authorities and other
transport functions);
section 31 (and Schedule 11 ) (adult education);
section 35 (and Schedule 16 ) (acquisition and development of land);
section 36 (and Schedule 17 ) (housing accommodation);
section 37 (and Schedule 18 ) (mayoral development corporations);
section 38 (and Schedule 19 ) (assessment of economic conditions);
section 40 (Local Government Act 2003: expenditure grant);
section 41 (encouragement of visitors and promotion of visitors);
section 43 (and Schedule 21 ) (miscellaneous local authority functions);
section 44 (health improvement and health inequalities duty);
section 49 (sharing of information);
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—
section 3 (single foundation strategic authorities);
section 8
(combined authorities and CCAs: designation as established
mayoral strategic authorities);
section 10
(combined authorities and CCAs: allowances for members
with special responsibilities);
section 12 (power to borrow);
section 15 (additional functions of the GLA);
section 16
(members of legislatures disqualified for being a mayor of
strategic authority);
section 19
(report under section 1 of the Cities and Local Government
Devolution Act 2016);
section 21 (power of mayors to convene meetings with local partners);
section 22 (duty of mayors to collaborate);
section 27 (restrictions on disposal of land by Transport for London);
section 39 (and Schedule 20 ) (local growth plans);
section 45 (functions of police and crime commissioners);
section 46 (and Schedule 22 ) (PCCs and police areas);
section 47 (and Schedule 23 ) (functions of fire and rescue authorities);
section 48 (mayor with PCC and fire and rescue functions);
section 50
(and
Schedule 24
) (licensing functions of the Mayor of
London);
section 51 (requests by mayors of EMSAs for changes);
section
52
(and
Schedule 25
) (regulations relating to functions of
strategic authorities and mayors);
section 53
(health service functions: application of existing limitations
on devolution);
section 54 (incidental etc provision);
section 55 (transfer of property, rights and liabilities);
section 56 (prohibition of secondary legislation removing functions);
section 57 (and Schedule 26 ) (single tiers of local government);
section
58
(certain functions of shadow authorities for single tiers of
local government);
section
62
(publication of addresses of members etc in authority
registers);
section
73
(and
Schedule 30
) (extension of general power of competence
to English National Park authorities and the Broads Authority).
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.
A power under
this section
to appoint a day may be exercised to appoint
different days for different purposes or areas.
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.
The power to make regulations under
this section
includes power to make
different provision for different purposes or areas.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the English Devolution and Community Empowerment Act 2026.
LDEDCA 2009 is amended as follows.
In section 104 (constitution and functions: transport)—
in subsection (10)—
in the opening words, for “section 107ZA(7)” substitute
“subsections
(10A)
, (11B) and (12)”;
in the opening words, for “a combined authority” substitute
“an existing combined authority”;
in paragraph (b), omit “in the case of an order in relation to
an existing combined authority,”;
“(10A)
Subsection (10) does not apply where a proposal for the
making of the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).”;
in subsection (11), for the opening words substitute “In this Part
“constituent council”, in relation to a combined authority, means—”;
omit subsection (11A).
In section 104A (non-constituent members of a combined authority), omit
subsection (7).
In section 105 (constitution and functions: local authority functions
generally)—
in subsection (3A)—
in the opening words, for “a combined authority” substitute
“an existing combined authority”;
in paragraph (a), omit “(as defined by section 104(11))”;
in paragraph (b), omit “in the case of an order in relation to
an existing combined authority,”;
“(3AA)
Subsection (3A) does not apply where a proposal for the
making of the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).”;
in subsection (3B), after “is” insert “also”.
In section 105B (section 105A orders: procedure)—
“(1)
The Secretary of State may make an order under section
105A in relation to an existing combined authority’s area only if—(a)
a proposal for the making of the order in relation to
the combined authority has been submitted to the Secretary of State in accordance with section 112A, or(b)
the appropriate consent is given.”;
“(2)
For the purposes of subsection (1) (b) , the appropriate consent
is given to the making of an order under section 105A only if—(a)
each constituent council consents, and
(b)
the combined authority consents.”;
omit subsections (3) to (5);
omit subsection (12).
“105C Non-mayoral combined authority: consent to budget
(1)
A non-mayoral combined authority may only exercise the following
functions with the consent of each constituent council—(a)
adopt or amend the authority’s budget;
(b)
where it is not part of the budget, approve the total sum of
the transport levy.(2)
In this section a reference to the “transport levy” is a reference to
any levy issued by the combined authority relating to the exercise of its functions relating to transport in accordance with any regulations made from time to time under section 74(2) of the Local Government Finance Act 1988.”
“105D Non-mayoral combined authority: functions imposing financial
liability(1)
This section applies where a non-mayoral combined authority
considers that the exercise of a function by the authority may result in a financial liability being incurred by one or more constituent councils (each such council being a “relevant constituent council”).(2)
The function may only be exercised with the consent of each relevant
constituent council.(3)
When deciding whether subsection (1) applies, the authority must
have regard to the “Code of Practice on Local Authority Accounting in the United Kingdom” published by the Chartered Institute of Public Finance and Accountancy, as amended or reissued from time to time.”
In section 106 (changes to boundaries of a combined authority’s area), omit
subsections (3A) to (3D).
In section 107 (dissolution of a combined authority’s area), omit subsections
(2) and (3).
In section 107ZA (designation of key route network roads)—
omit subsections (7) and (8);
in subsection (9), omit the definitions of “constituent council” and
“eligible power”.
“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) , (4) or (5) 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—
(a)
the order implements a proposal of which notice was given
under section 112C (Secretary of State directed proposal for a mayor), and(b)
the Secretary of State has in making the order had regard
to any representations received before the end of the period specified in the notice.(5)
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.”
In section 107D (functions of mayors: general)—
“(9)
Except as provided for by subsections (10A) and (11), an
order under this section may be made in relation to an existing combined authority only with the consent of the appropriate authorities.(9A)
The “appropriate authorities” for the purposes of this section
means—(a)
in relation to a mayoral combined authority—
(i)
the constituent councils, and
(ii)
the mayor;
(b)
in relation to a non-mayoral combined authority—
(i)
the constituent councils, and
(ii)
the combined authority.”
“(10A)
The requirement in subsection (9) does not apply where a
proposal to make the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).”
In section 107DA (procedure for direct conferral of general functions on
mayor), omit subsection (5).
In section 107EB (section 107EA orders: procedure), in subsection (12), omit
the definition of “constituent councils”.
In section 109A (proposal for new combined authority)—
in the heading, at the end insert “(locally led)”;
“(a)
consult the relevant consultees,”;
“(4A)
The “relevant consultees” for the purposes of subsection
(4)(a) are—(a)
the constituent councils, and
(b)
any other persons that the authority or the authorities
preparing the proposal consider it appropriate to consult.”;
omit subsection (7).
“109B Proposal for new combined authority (Secretary of State directed)
(1)
The Secretary of State may prepare a proposal under this section
for the establishment of a combined authority for an area only if the following requirements are met.(2)
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 any of the local government areas (or parts of those areas) that would comprise the proposed area, or(b)
a relevant proposal has been so submitted but the Secretary
of State does not consider it to be a viable proposal.(3)
The Secretary of State has had regard to whether the statutory test
would be met in relation to the order that would give effect to the 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 must give notice of any proposal prepared
under subsection (1) (including a copy of the proposal) to—(a)
the constituent councils, and
(b)
any other persons that the Secretary of State considers
appropriate.(6)
The notice under subsection (5) must specify the period before the
end of which any notified person may make representations in writing to the Secretary of State.(7)
In this section—
“
notified person” means a person notified about a proposal
under this section in accordance with subsection (5) ;“
proposed area” means the area for which the combined
authority is proposed to be established;“
statutory test” has the meaning given by section 110 (6) .”
“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,(b)
implement a proposal of which notice was given under section 109B (proposal for new combined authority -
Secretary of State directed), with or without modifications, or(c)
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 (c) , the consultation
requirement must be met.(5)
If the order falls under subsection (3) (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.(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) (c) , 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—
(a)
the constituent councils, and
(b)
any other persons that the Secretary of State considers
it appropriate to consult.”
In section 112A (proposal for changes to existing combined arrangements)—
in the heading, at the end insert “(locally led)”;
in subsection (1)(a), for the words from “section 104” to “107F”
substitute “any of the relevant sections”;
“(1A)
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 106 (changes to boundaries);
(e)
section 107 (dissolution);
(f)
section 107A (power to provide for election of mayor);
(g)
section 107D (functions of mayors: general).”;
“(a)
consult any persons that the authority or the
authorities consider it appropriate to consult, and”;
in subsection (5), after “an order” insert “under section 104, 105,
105A or 107D”;
“(5A)
Before a proposal under this section for the making of an
order under section 106 or 107 is submitted to the Secretary of State, the relevant consenting authorities must consent to the submission of the proposal.(5B)
Before a proposal under this section for the making of an
order under section 107A is submitted to the Secretary of State, the constituent councils and the combined authority must consent to the submission of the proposal.”;
“(6A)
In determining for the purposes of subsection (5) who would
have to consent to the making of an order under section 104, 105, 105A or 107D, the consent of an authority is taken to be required even if the requirement for their consent under that section does not apply where a proposal is made under this section.”;
omit subsection (8);
“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) .112C Proposal to provide for mayor for combined authority (Secretary
of State directed)(1)
The Secretary of State may prepare a proposal under this section
for there to be a mayor for the area of an existing combined authority only if the following requirements are met.(2)
The combined authority was established for the area no less than
18 months before the Secretary of State starts to prepare the proposal.(3)
At the time the Secretary of State starts to prepare the proposal—
(a)
no proposal to make provision for there to be a mayor for
the area of the combined authority under section 112A has been submitted to the Secretary of State, or(b)
such a proposal has been so submitted but the Secretary of
State does not consider it to be a viable proposal.(4)
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.(5)
The Secretary of State must give notice of any proposal prepared
under subsection (1) (including a copy of the proposal) to—(a)
the constituent councils, and
(b)
any other persons that the Secretary of State considers
appropriate.(6)
The notice under subsection (5) must specify the period before the
end of which any notified person may make representations in writing to the Secretary of State.(7)
In this section—
“
notified person” means a person notified about a proposal
under this section in accordance with subsection (5) ;“
statutory test” has the meaning given by section 110 (6) .”
“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— .
(a)
implements a proposal of which notice was given under section 112C (proposal to provide for mayor for combined
authority, Secretary of State directed), or(b)
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) .”
“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
(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” —(a)
in relation to an order under section 106 means—
(i)
the council of the local government area to
be added to or removed from the area of the combined authority;(ii)
if the local government area is to be added to
or removed from a mayoral combined authority, the mayor of that authority;(iii)
if the local government area is to be added to
or removed from a non-mayoral combined authority, the combined authority;(iv)
any other persons that the Secretary of State
considers appropriate;(b)
in relation to an order under section 107 means—
(i)
the constituent councils of the combined
authority that is to be abolished;(ii)
if the combined authority that is to be
abolished is a mayoral combined authority, the mayor of that authority;(iii)
if the combined authority that is to be
abolished is a non-mayoral combined authority, the combined authority;(iv)
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.”
In section 113D (general power of competence)—
in subsection (2), omit “(as defined by section 107B(5))”;
“(2A)
The “appropriate authorities” for the purpose of this section
are—(a)
the constituent councils, and
(b)
in the case of an order in relation to an existing
combined authority, the combined authority.”
LURA 2023 is amended as follows.
In section 10 (constitutional arrangements)—
in subsection (8)—
in the opening words, for “a CCA” substitute “an existing
CCA”;
in paragraph (b), omit “in the case of regulations in relation
to an existing CCA,”;
“(8A)
Subsection (8) does not apply where a proposal to make the
regulations has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).”;
omit subsection (9).
In section 16 (funding)—
in subsection (2)—
in the opening words, for “a CCA” substitute “an existing
CCA”;
in paragraph (b), omit “in the case of regulations in relation
to an existing CCA,”;
“(2A)
Subsection (2) does not apply where a proposal to make the
regulations has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).”
In section 18 (local authority functions)—
in subsection (6)—
in the opening words, for “a CCA” substitute “an existing
CCA”;
in paragraph (b), omit “in the case of regulations in relation
to an existing CCA,”;
“(7)
Subsection (6) does not apply where a proposal to make the
regulations has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).”
In section 20 (section 19 regulations: procedure)—
“(1)
The Secretary of State may make regulations under section
19(1) in relation to an existing CCA only if—(a)
a proposal for the making of the regulations in
relation to the CCA has been submitted to the Secretary of State in accordance with section 47, or(b)
the appropriate authorities consent.”
omit subsection (2);
in subsection (4), for “appropriate consent to be given” substitute
“appropriate authorities to consent”;
in subsection (8)(b), omit “in the case of regulations in relation to
an existing CCA,”.
In section 21 (integrated transport authority and passenger transport
executive)—
in subsection (5)—
in the opening words, for “a CCA” substitute “an existing
CCA”;
in paragraph (b), omit “in the case of regulations in relation
to an existing CCA,”;
“(5A)
Subsection (5) does not apply where a proposal to make the
regulations has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).”
In section 22 (directions relating to highways and traffic functions)—
in subsection (11)—
for the opening words, substitute “Regulations under
subsection (1) may be made in relation to an existing CCA
only with the consent of—”;
in paragraph (b), omit “in the case of regulations in relation
to an existing CCA,”;
“(12)
Subsection (11) does not apply where a proposal to make
the regulations has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).”
In section 24 (designation of key route network roads)—
omit subsections (7) and (8);
in subsection (9), omit the definition of “eligible power”.
“24D Non-mayoral CCA: consent to budget
(1)
A non-mayoral CCA may only exercise the following functions with
the consent of each constituent council—(a)
adopt or amend the CCA’s budget;
(b)
where it is not part of the budget, approve the total sum of
the transport levy.(2)
In this section a reference to the “transport levy” is a reference to
any levy issued by the CCA relating to the exercise of its functions relating to transport in accordance with any regulations made from time to time under section 74(2) of the Local Government Finance Act 1988.”
“24E Non-mayoral CCA: functions imposing financial liability
(1)
This section applies where a non-mayoral CCA considers that the
exercise of a function by the CCA may result in a financial liability being incurred by one or more constituent councils (each such council being a “relevant constituent council”).(2)
The function may only be exercised with the consent of each relevant
constituent council.(3)
When deciding whether subsection (1) applies, the CCA must have
regard to the “Code of Practice on Local Authority Accounting in the United Kingdom” published by the Chartered Institute of Public Finance and Accountancy, as amended or reissued from time to time.”
In section 25 (changes to boundaries of a CCA’s area), omit subsections (6)
to (10).
In section 26 (dissolution of a CCA’s area), omit subsection (4).
“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) , (4) or (5) 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—
(a)
the regulations implement a proposal of which notice was
given under section 47B (Secretary of State directed proposal for a mayor), and(b)
the Secretary of State has in making the regulations had
regard to any representations received before the end of the period specified in the notice.(5)
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.”
In section 30 (functions of mayors: general)—
“(11)
Regulations under this section may be made in relation to
an existing CCA only with the consent of—(a)
the constituent councils and the CCA, and
(b)
in the case of regulations made in relation to a
mayoral CCA, the mayor of the CCA.(11A)
The “appropriate authorities” for the purposes of this
section—(a)
in relation to a mayoral combined authority means—
(i)
the constituent councils, and
(ii)
the mayor;
(b)
in relation to a non-mayoral combined authority
means—(i)
the constituent councils, and
(ii)
the combined authority.”;
“(12A)
The requirement in subsection (11) does not apply where a
proposal to make the regulations has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).”
In section 45 (proposal for new CCA)—
in the heading, at the end insert “(locally led)”;
“(a)
consult the relevant consultees,”;
“(4A)
The “relevant consultees” for the purposes of subsection
(4) (a) are—(a)
the constituent councils, and
(b)
any other persons that the authority or authorities
preparing the proposal consider it appropriate to consult.”;
omit subsection (7).
“45A Proposal for new CCA (Secretary of State directed)
(1)
The Secretary of State may prepare a proposal under this section
for the establishment of a CCA for an area only if the following requirements are met.(2)
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 any of the local government areas (or parts of those areas) that would comprise the proposed area, or(b)
a relevant proposal has been so submitted but the Secretary
of State does not consider it to be a viable proposal.(3)
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 CCA;
(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
CCA.(4)
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.(5)
The Secretary of State must give notice of any proposal prepared
under subsection (1) (including a copy of the proposal) to—(a)
the constituent councils, and
(b)
any other persons that the Secretary of State considers
appropriate.(6)
The notice under subsection (5) must specify the period before the
end of which any notified person may make representations in writing to the Secretary of State.(7)
In this section—
“
notified person” means a person notified about a proposal
under this section in accordance with subsection (5) ;“
proposed area” means the area for which the CCA is proposed
to be established;“
statutory test” has the meaning given by section 46 (6) .”
“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,(b)
implement a proposal of which notice was given under section 45A (proposal for new CCA - Secretary of State
directed), with or without modifications, or(c)
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 (c) , the consultation
requirement must be met.(5)
If the regulations fall under subsection (3) (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.(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) (c) , 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—
(a)
the constituent councils, and
(b)
any other persons that the Secretary of State considers
it appropriate to consult.”
In section 47 (proposal for changes to existing arrangements relating to
CCA)—
in the heading, at the end insert “(locally led)”;
in subsection (1)(a), for the words from “section 10” to “33” substitute
“any of the relevant sections”;
“(1A)
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 25 (changes to boundaries of a CCA’s area);
(h)
section 26 (dissolution of a CCA’s area);
(i)
section 27 (power to provide for election of mayor);
(j)
section 30 (functions of mayors: general).”;
“(a)
consult any persons that the authority or the
authorities consider it appropriate to consult,”;
in subsection (5), after “regulations”, in the first place it occurs,
insert “under section 10, 16, 18, 19, 21, 22, or 30”;
“(5A)
Before a proposal under this section for the making of
regulations under section 25 or 26 is submitted to the Secretary of State, the relevant consenting authorities must consent to the submission of the proposal.(5B)
Before a proposal under this section for the making of
regulations under section 27 is submitted to the Secretary of State, the constituent councils and the CCA must consent to the submission of the proposal.”;
“(6A)
In determining for the purposes of subsection (5) who would
have to consent to the making of regulations under section 10, 16, 18, 19, 21, 22, or 30, the consent of an authority is taken to be required even if the requirement for their consent under that section does not apply where a proposal is made under this section.”;
omit subsection (7);
“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 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 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 46 (6) .47B Proposal to provide for mayor for CCA (Secretary of State directed)
(1)
The Secretary of State may prepare a proposal under this section
for there to be a mayor for the area of an existing CCA only if the following requirements are met.(2)
The CCA was established for the area no less than 18 months before
the Secretary of State starts to prepare the proposal.(3)
At the time the Secretary of State starts to prepare the proposal—
(a)
no proposal to make provision for there to be a mayor for
the area of the CCA under section 47 has been submitted to the Secretary of State, or(b)
such a proposal has been so submitted but the Secretary of
State does not consider it to be a viable proposal.(4)
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.(5)
The Secretary of State must give notice of any proposal prepared
under subsection (1) (including a copy of the proposal) to—(a)
the constituent councils, and
(b)
any other persons that the Secretary of State considers
appropriate.(6)
The notice under subsection (5) must specify the period before the
end of which any notified person may make representations in writing to the Secretary of State.(7)
In this section—
“
notified person” means a person notified about a proposal
under this section in accordance with subsection (5) ;“
statutory test” has the meaning given by section 46 (6) .”
“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—
(a)
implement a proposal of which notice was given under section 47B (proposal to provide for mayor for CCA -
Secretary of State directed), or(b)
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) .”
“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 combined authority.(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(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”—(a)
in relation to regulations under section 25 means—
(i)
the council of the local government area to
be added to or removed from the area of the CCA;(ii)
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;(iii)
if the CCA that the local government area is
to be added to or removed from is a non-mayoral CCA, the CCA;(iv)
any other persons that the Secretary of State
considers appropriate;(b)
in relation to regulations under section 26 means—
(i)
the constituent councils of the CCA that is to
be abolished,(ii)
if the CCA that is to be abolished is a mayoral
CCA, the mayor of the CCA;(iii)
if the CCA that is to be abolished is a non-
mayoral CCA, the CCA;(iv)
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 26The “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.”
In section 52 (general power of competence)—
in subsection (2) omit “(as defined by section 28(4)”;
“(2A)
The “appropriate authorities” for the purposes of this section
are—(a)
the constituent councils, and
(b)
in the case of regulations in relation to an existing
CCA, the CCA.”
In section 12A of the Planning and Compulsory Purchase Act 2004 (spatial Where there is a mayor for the area of a combined authority or
development strategy to be produced by strategic planning authorities),
after subsection (3) insert—
“(3A)
combined county authority, the functions of the authority under
this Part as a strategic planning authority are functions of the
authority exercisable only by the mayor on behalf of the authority.”
Section 12L of the Planning and Compulsory Purchase Act 2004 (adoption
of spatial development strategy) is amended in accordance with this
paragraph.
“(4)
(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).”
“(8)
In this section—
“
constituent member”, in relation to a combined authority or
combined county authority—(a)
means a person appointed by a constituent council
to be a member of the authority; and(b)
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—(a)
a constituent member, or
(b)
the mayor,
and also includes the deputy mayor acting in place of the mayor.”
In section 12X of the Planning and Compulsory Purchase Act 2004
““
“
(interpretation), in subsection (1), after the definition of “national
development management policy”, insert—
non-mayoral combined authority” means a combined authority that
is not a mayoral combined authority;
non-mayoral combined county authority” means a combined county
authority that is not a mayoral combined county authority;”
In section 13 of LGHA 1989 (voting rights of members of certain committees: Nothing in this section prevents the appointment of any of the a person who is a member of a constituent council of that a person who is a non-constituent member of that authority, In subsection
(5B)
—
“
“
“ in relation to a combined authority— a county council the whole or any part of a district council whose area is within the area in relation to a combined county authority— a county council for an area within the area a unitary district council for an area within
and here “unitary district council” means a district
council whose area does not form part of the area of
a county council;
“ as in section 104A of the Local Democracy, Economic as in section 11 of the Levelling-up and Regeneration
“ in relation to a combined authority, resolved under in relation to a combined county authority, resolved
England and Wales), before subsection (6) insert—
“(5B)
following as a voting member of a committee or sub-committee of
a combined authority or combined county authority—
(a)
authority;
(b)
if that authority has resolved that that person is to be a
voting member of that committee or sub-committee.
(5C)
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—
(a)
(i)
whose area is within the area of the authority,
or
(ii)
of the authority;
(b)
(i)
of the authority, or
(ii)
the area of the authority;
non-constituent member” has the same meaning—
(a)
Development and Construction Act 2009 in relation
to a combined authority;
(b)
Act 2023 in relation to a combined county authority;
resolved” means—
(a)
section 104A(4) of the Local Democracy, Economic
Development and Construction Act 2009;
(b)
under section 11(4) of the Levelling-up and
Regeneration Act 2023.”
Section 101 of LGA 1972 (arrangements for discharge of functions by local
authorities) is amended in accordance with this paragraph.
“(1D)
A combined authority may not arrange for the discharge of a
function under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority unless a mayor for the area of the authority has given the authority written consent for the function to be so discharged.(1DA)
If a mayor for the area of the authority notifies the authority of
withdrawal of the consent (whether the consent was given by that mayor or a predecessor), the arrangements made under subsection (1) for the discharge of the function cease to have effect; but that does not affect anything already done under the arrangements.”
“(1F)
A combined county authority may not arrange for the discharge of
a function under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority unless a mayor for the area of the authority has given the authority written consent for the function to be so discharged.(1FA)
If a mayor for the area of the authority notifies the authority of
withdrawal of the consent (whether the consent was given by that mayor or a predecessor), the arrangements made under subsection (1) for the discharge of the function cease to have effect; but that does not affect anything already done under the arrangements.”
“Schedule 2A Commissioners
Application of Schedule
1
This Schedule applies to commissioners appointed by the mayor
for the area of a CCA (see section 29A ).Persons ineligible for appointment
2
(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)
(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.Terms and conditions of appointment
3
(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.
Commissioner to work in only one area of competence
4
(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).(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).Only one commissioner for each area of competence
5
The appointment of a person as a commissioner (the “invalid
appointment”) is of no effect if (in the absence of this paragraph), at any particular time—(a)
the person would be serving as commissioner in relation
to the special area of competence under the invalid appointment, and(b)
another person would be serving as commissioner in
relation to that area of competence under another appointment made under section 29A in relation to the same CCA before, or at the same time as, the invalid appointment.Duration of appointment
6
(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; and(b)
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.Limitation on delegation of functions
7
(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—(a)
is prepared and published by the CCA in
accordance with the Fire and Rescue National Framework, and(b)
sets out for the period covered by the document
in accordance with the requirements of the Framework—(i)
the CCA’s priorities and objectives, and
(ii)
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—(a)
is prepared and published by the CCA in
accordance with the Fire and Rescue National Framework, and(b)
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—(a)
functions of a fire and rescue authority which the
CCA has by virtue of regulations under section 19, or“
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—(a)
section 6 of the FRSA 2004 (fire safety);
(b)
section 7 of the FRSA 2004 (fire-fighting);
(c)
section 8 of the FRSA 2004 (road traffic accidents);
(d)
any applicable order under section 9 of the FRSA
2004 (emergencies);(e)
section 2 of the Civil Contingencies Act 2004 (duty
to assess, plan and advise) and any applicable subordinate legislation made under that Act;(f)
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.Allowances
8
(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.Ending of appointment
9
The appointment of a person as a commissioner ends if—
(b)
the appointment ends—
(c)
the appointment is terminated in accordance with its terms
and conditions—(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,
(e)
the commissioner dies.
Role of overview and scrutiny committees
10
(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.Powers of appointment and termination exercisable on behalf of the CCA
11
(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).Guidance
12
(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)
(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 8 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 8 .(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 10 to terminate the appointment of a person as commissioner.(10)
The members of overview and scrutiny committees must take
account of any such guidance.”
In section 252 of LURA 2023 (regulations), in subsection (8), after paragraph under Schedule
2A
.”
(k) insert—
“(l)
“Schedule 5BA Commissioners
Application of Schedule
1
This Schedule applies to commissioners appointed by the mayor
for the area of a combined authority (see section 107CA ).Persons ineligible for appointment
2
(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)
(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.Terms and conditions of appointment
3
(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.
Commissioner to work in only one area of competence
4
(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).(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).Only one commissioner for each area of competence
5
The appointment of a person as a commissioner (the “invalid
appointment”) is of no effect if (in the absence of this paragraph), at any particular time—(a)
the person would be serving as commissioner in relation
to the special area of competence under the invalid appointment, and(b)
another person would be serving as commissioner in
relation to that area of competence under another appointment made under section 107CA in relation to the same combined authority before, or at the same time as, the invalid appointment.Duration of appointment
6
(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; and(b)
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.(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.Limitation on delegation of functions
7
(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—(a)
is prepared and published by the combined
authority in accordance with the Fire and Rescue National Framework, and(b)
sets out for the period covered by the document
in accordance with the requirements of the Framework—(i)
the combined authority’s priorities and
objectives, and(ii)
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—(a)
is prepared and published by the combined
authority in accordance with the Fire and Rescue National Framework, and(b)
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—(a)
functions of a fire and rescue authority which the
combined authority has by virtue of an order under section 105A, or“
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—(a)
section 6 of the FRSA 2004 (fire safety);
(b)
section 7 of the FRSA 2004 (fire-fighting);
(c)
section 8 of the FRSA 2004 (road traffic accidents);
(d)
any applicable order under section 9 of the FRSA
2004 (emergencies);(e)
section 2 of the Civil Contingencies Act 2004 (duty
to assess, plan and advise) and any applicable subordinate legislation made under that Act;(f)
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.Allowances
8
(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.Ending of appointment
9
The appointment of a person as a commissioner ends if—
(b)
the appointment ends—
(c)
the appointment is terminated in accordance with its terms
and conditions—(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,
(e)
the commissioner dies.
Role of overview and scrutiny committees
10
(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.Powers of appointment and termination exercisable on behalf of the combined authority
11
(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).Guidance
12
(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)
(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 8 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 8 .(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 10 to terminate the appointment of a person as commissioner.(10)
The members of overview and scrutiny committees must take
account of any such guidance.”
Section 1 (local authority’s general power of competence) is amended in
accordance with this paragraph.
For the heading substitute “General power of competence”.
In subsection (1), after “local authority” insert “, combined authority, CCA”.
“(1A)
The general power which a mayoral combined authority or mayoral
CCA has under this Chapter may be exercised by the mayor on behalf of that authority (concurrently with the authority).”
Section 2 (boundaries of the general power) is amended as follows.
“(2A)
If exercise of a pre-commencement power of a combined authority
or CCA is subject to restrictions, those restrictions apply also to exercise of the general power so far as it is overlapped by the pre-commencement power.(2B)
The general power does not enable a combined authority or CCA
to do—(a)
anything which the authority is unable to do by virtue of a
pre-commencement limitation, or(b)
anything which the authority is unable to do by virtue of a
post-commencement limitation which is expressed to apply—(i)
to the general power,
(ii)
to all of the authority's powers, or
(iii)
to all of the authority's powers but with exceptions
that do not include the general power.”.
In subsection (4), in the words before the definitions, after “section” insert
“, in relation to a local authority”.
“(5)
In this section, in relation to a combined authority or CCA—
“
post-commencement limitation” means a prohibition, restriction
or other limitation expressly imposed by a statutory provision that—(a)
is contained in an Act passed after the end of the
Session in which the English Devolution and Community Empowerment Act 2026 is passed, or(b)
is contained in an instrument made under an Act
and comes into force on or after the commencement of section 20 of the English Devolution and Community Empowerment Act 2026;“
pre-commencement limitation” means a prohibition, restriction
or other limitation expressly imposed by a statutory provision that—(a)
is contained in this Act, or in any other Act passed
no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or(b)
is contained in an instrument made under an Act
and comes into force before the commencement of section 20 of the English Devolution and Community Empowerment Act 2026;“
pre-commencement power” means power conferred by a
statutory provision that—(a)
is contained in this Act, or in any other Act passed
no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or(b)
is contained in an instrument made under an Act
and comes into force before the commencement of section 20 of the English Devolution and Community Empowerment Act 2026.”
In section 3 (limits on charging in exercise of general power), in subsection
(1)(a), after “local authority” insert “, combined authority, CCA”.
Section 4 (limits on doing things for commercial purpose in exercise of
general power) is amended in accordance with this paragraph.
In subsections (1), (2) and (3), after “local authority” insert “, combined
authority, CCA”.
Section 5 (powers to make supplemental provision) is amended in
accordance with this paragraph.
In subsections (1), (3), (4), (5)(a) and (b), and (7)(a) after “local authorities”
insert “, combined authorities, CCAs”.
In subsection (5)(c), after “local authority” insert “, combined authority,
CCA”.
Section 8 (interpretation) is amended in accordance with this paragraph.
““
CCA” means a combined county authority established under section
9(1) of the Levelling-up and Regeneration Act 2023;“
combined authority” means a combined authority established under
section 103 of the Local Democracy, Economic Development and Construction Act 2009;”.
““
mayor”, in relation to a mayoral combined authority or mayoral CCA,
means the mayor for the area of that authority;“
mayoral CCA” has the same meaning as in Chapter 1 of Part 1 of
the Levelling-up and Regeneration Act 2023 — see section 57 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 120 of that Act;”.
In LDEDCA 2009—
in section 113A (general power of combined authority), omit
subsection (4);
omit section 113D (general power of competence).
In LURA 2023—
in section 49 (general power of CCA), omit subsection (4);
omit section 52 (general power of competence).
The
Road Traffic Regulation Act 1984
is amended in accordance with
this
paragraph
.
“Part 2A Licensing of providers of micromobility vehicles in England
22E Provision of micromobility vehicles must be licensed
(1)
A person (P) is guilty of an offence if—
(a)
P provides a passenger micromobility vehicle on a road or
in a public place,(b)
the purpose of providing the vehicle there is that persons
may take possession of it there for use (whether the use is on the road or in the public place or at any other place), and(c)
P does not have a licence from the relevant licensing
authority under which P is authorised to provide the vehicle for that purpose.(2)
A person (P) is guilty of an offence if—
(a)
P provides a non-passenger micromobility vehicle (whether
on a road or in a public place or at any other place),(b)
the purpose of providing the vehicle is that persons may
make use of it—(i)
on a road or in a public place, or
(ii)
at a place to which the vehicle will or may need to
travel using a road or public place, and(c)
P does not have a licence from the relevant licensing
authority under which P is authorised to provide the vehicle for that purpose.(3)
22F Micromobility vehicles
(1)
In this Part “passenger micromobility vehicle” means—
(a)
a pedal cycle,
(b)
an electrically assisted pedal cycle, or
(c)
a micromobility vehicle that—
(i)
is designed or adapted to carry one or more
individuals, and(ii)
is of a description prescribed by regulations made
by the Secretary of State.(2)
In this Part “non-passenger micromobility vehicle” means a
micromobility vehicle that—(a)
is not designed or adapted to carry one or more individuals,
and(b)
is of a description prescribed by regulations made by the
Secretary of State.(3)
(a)
motor vehicles (within the meaning of the Road Traffic Act
1988, including section 189 of that Act);(b)
invalid carriages (within the meaning of the Road Traffic
Act 1988);(c)
pedicabs (within the meaning of the Pedicabs (London) Act
2024).22G Exemptions
(1)
The prohibitions in section 22E (1) and (2) do not apply to the
provision of micromobility vehicles by a licensing authority in its own licensing area (including where the micromobility vehicles are provided on behalf of the licensing authority by another person under arrangements between the licensing authority and that person).(2)
(3)
The regulations may (in particular) relate to—
(a)
the vehicles which may be provided;
(b)
the duration for which vehicles may be provided;
(c)
the locations or areas where vehicles may be parked or
locked before or after use;(d)
the areas where vehicles may be used during use;
(e)
the purpose for which vehicles may be provided (including
provision for use in guided tours);(f)
the persons who are providing the vehicles;
(g)
the number of vehicles provided (whether generally, at
locations where use may begin, or in particular areas).22H Regulations about licences under this Part
(1)
The Secretary of State may make regulations about the licences
required for persons providing passenger micromobility vehicles or non-passenger micromobility vehicles.(2)
Schedule 3A makes further provision about regulations under this
section (including provision for the imposition of financial penalties and fees, and for the creation of criminal offences).22I Licensing authorities
(1)
The Secretary of State may make regulations about the powers and
duties of a licensing authority, such as provision—(a)
imposing a duty to monitor the provision of micromobility
vehicles,(b)
about the publication of information on the provision of
micromobility vehicles,(c)
about the provision of reports or other information to the
Secretary of State, and(d)
requiring licensing authorities to work collaboratively with
others.(2)
The Secretary of State—
(a)
may issue guidance to licensing authorities about their
functions under this Part, and(b)
must publish, or arrange the publication of, any guidance
issued under this paragraph.(3)
Licensing authorities must have regard to guidance issued under
this paragraph.(4)
A licensing authority is not liable on any basis (whether in tort or
otherwise) for taking, or failing to take, any action in relation to a person providing micromobility vehicles, unless the liability is in respect of wilful misconduct or gross negligence.(5)
For the purposes of subsection (4) , there is “gross negligence” on
the part of a licensing authority if—(a)
it is in breach of a duty of care owed under the law of
negligence, and(b)
the conduct constituting that breach falls far below what can
reasonably be expected of the licensing authority in the circumstances.(6)
Traffic authorities in England and licensing authorities must
co-operate with each other on matters relating to the parking or docking of micromobility vehicles.22J Information
(1)
The Secretary of State may make regulations authorising or requiring
the disclosure of relevant information by any of the following—(a)
persons providing micromobility vehicles;
(b)
licensing authorities;
(c)
the Secretary of State.
(2)
The regulations may, in particular—
(a)
authorise licensing authorities or the Secretary of State to
require the disclosure of information;(b)
provide that a person is guilty of an offence if they
knowingly or recklessly provide false information to a licensing authority or the Secretary of State.(3)
In this section “relevant information” means information relating
to the provision of micromobility vehicles including, in the case of a person who has or had a licence required by section 22E , all information relating to the licensed provision of micromobility vehicles.22K Proceedings in respect of offences by bodies corporate and
partnerships etc(1)
If a micromobility licensing offence committed by a body corporate
is proved—(a)
to have been committed with the consent or connivance of
an officer or a responsible individual, or(b)
to be attributable to neglect on the part of an officer or
responsible individual,that officer or responsible individual (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2)
If a micromobility licensing offence committed by a partnership is
proved—(a)
to have been committed with the consent or connivance of
a partner or a responsible individual, or(b)
to be attributable to neglect on the part of a partner or
responsible individual,that partner or responsible individual (as well as the partnership) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.
(3)
If an offence committed by an unincorporated association (other
than a partnership) is proved—(a)
to have been committed with the consent or connivance of
an officer of the association or a member of its governing body or a responsible individual, or(b)
to be attributable to neglect on the part of such an officer or
member or responsible individual,that officer or member or responsible individual (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.
(4)
In this section—
“
micromobility licensing offence” means an offence under this
Part (including an offence under regulations made under this Part);“
officer”, in relation to a body corporate, means—(a)
a director, manager, secretary or other similar officer,
or(b)
any person purporting to act in any such capacity;
and for this purpose “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;
“
partner” includes a person purporting to act as a partner;“
responsible individual”, in relation to a body corporate,
partnership or unincorporated association which has or had a licence under this Part, means a person who has or had a role in relation to the licence that is specified in regulations made by the Secretary of State for the purposes of this section.22L Regulations
Regulations under this Part—
(a)
may make different provision for different purposes,
including different provision for different types of micromobility vehicle or different types of provision of micromobility vehicles;(b)
may make consequential, supplementary, incidental,
transitional and saving provision.22M Interpretation
(1)
For the purposes of this Part—
(a)
a combined authority or CCA is the licensing authority for
its area;(b)
a relevant local council is the licensing authority for its area
if that area does not comprise, or form part of, the area of a combined authority or CCA;(c)
Transport for London is the licensing authority for Greater
London.(2)
In this Part—
“
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;“
licensing area” means—(a)
the area of a combined authority or CCA;
(b)
the area of a relevant local council that is a licensing
authority;(c)
Greater London;
“
licensing authority” has the meaning given in subsection (1) ;“
public place” means any place to which the public, or any
section of the public, has access (on payment or otherwise) as of right or by virtue of an express or implied permission;“
relevant local council” means—(a)
a county council in England,
(b)
a district council whose area does not form part of
the area of a county council in England,(c)
a metropolitan district council, or
(d)
the Council of the Isles of Scilly.”
“Schedule 3A Licensing of provision of micromobility vehicles
Introduction
1
This Schedule is about the provision that may (or must) be made
by regulations under section 22H .Licence conditions
2
(1)
The regulations may make provision about conditions that must
be included, or must not be included, in a licence.(2)
The regulations may enable a licensing authority to include other
conditions in a licence.Duration, renewal, suspension and revocation of licence
3
(1)
The regulations may make provision about the duration, renewal,
suspension or revocation of a licence.(2)
That includes provision which gives the Secretary of State the
power to direct a licensing authority not to renew, or to suspend or revoke, a licence.(3)
But any such regulations must provide that the power of direction
may only be exercised for purposes specified or described in the regulations which relate to the protection of public safety.Variation and transfer of licence
4
(1)
The regulations may make provision about the variation of a
licence.(2)
The regulations may make provision about the transfer of a licence
to a different licensee.Licence applications etc: process
5
(1)
Regulations may make provision about the process for applying
for a licence, and for renewing, varying or transferring a licence.(2)
The regulations may—
(a)
require a licensing authority to be satisfied as to a matter
specified in the regulations before granting, renewing, varying or transferring a licence;(b)
require a licensing authority to have regard to a matter
specified in the regulations, in deciding whether to grant, renew, vary or transfer a licence.(3)
The regulations may enable the licensing authority—
(a)
to specify the form and content of an application;
(b)
to specify information to be provided in connection with
an application;(c)
to specify the procedure for rectifying procedural
irregularities;(d)
to specify the time limits for doing anything required to
be done in connection with an application and any procedure for extending any such limits;(e)
to inspect sites, facilities, equipment or vehicles for the
purposes of deciding an application, but may not give the licensing authority any power of entry.6
(1)
Regulations may make provision about the process for suspending
or revoking a licence.(2)
The regulations may—
(a)
require a licensing authority to be satisfied as to a matter
specified in the regulations before suspending or revoking a licence;(b)
require a licensing authority to have regard to a matter
specified in the regulations, in deciding whether to suspend or revoke a licence.Monitoring
7
(1)
The regulations may make provision about the issue by a licensing
authority to a provider of micromobility vehicles of—(a)
a contravention notice, in a case where the authority
knows or suspects that the provider—(i)
is in breach of its licence conditions, or
(ii)
is doing anything that is likely to put the provider
in breach;(b)
a warning notice, setting out the authority’s powers to
vary, suspend or revoke a licence, in a case where a provider has failed to comply with a contravention notice;(c)
a prohibition notice, prohibiting the provider from carrying
on activities specified in the notice.(2)
The regulations may provide that a notice mentioned in sub-paragraph (1) may include directions to the provider of
micromobility vehicles, and may make provision about the consequences of failure to comply with a direction.(3)
The regulations—
(a)
may enable the licensing authority to inspect sites,
facilities, equipment or vehicles for the purposes of monitoring compliance with the terms of a licence;(b)
but may not give the licensing authority any power of
entry.Financial penalties
8
(1)
The regulations may enable a licensing authority to impose a
financial penalty in relation to—(a)
(b)
the breach of a condition included in a licence.
(2)
The amount of the financial penalty is to be specified in, or
determined in accordance with, the regulations.(3)
If the regulations confer power to impose a financial penalty in
relation to the breach of the prohibition in section 22E (1) or the prohibition in section 22E (2) they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence under that section.(4)
If the regulations confer power to impose a financial penalty,
they must include provision—(a)
requiring the licensing authority, before imposing a
financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;(b)
ensuring that the person is given an opportunity to make
representations about the proposed financial penalty;(c)
requiring the licensing authority, after the period for
making representations, to decide whether to impose the financial penalty;(d)
requiring the licensing authority, if it decides to impose
the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;(e)
enabling a person on whom a financial penalty is imposed
to appeal to a court or tribunal in accordance with the regulations;(f)
as to the powers of the court or tribunal on such an
appeal.(5)
The provision that may be made by the regulations by virtue of
sub-paragraph (1) includes provision—(a)
enabling a notice of intent or final notice to be withdrawn
or amended;(b)
requiring the licensing authority to withdraw a final notice
in circumstances specified in the regulations;(c)
for a financial penalty to be increased by an amount
specified in or determined in accordance with the regulations in the event of late payment;(d)
as to how financial penalties are recoverable.
Decisions: reconsideration and appeals
9
(1)
The regulations must make provision about—
(a)
reconsideration by a licensing authority of its decisions,
and(b)
appeals to the First-tier Tribunal against decisions of a
licensing authority that have been reconsidered.(2)
The regulations may (in particular) make provision about—
(a)
the decisions of the licensing authority which may be
reconsidered or appealed;(b)
the grounds for requesting reconsideration of a decision
or bringing an appeal;(c)
the person or persons by whom, and manner in which, a
decision is to be reconsidered;(d)
the powers of the First-tier Tribunal on an appeal.
(3)
The regulations must make provision about the procedure, and
time limits, for—(a)
requesting the reconsideration of a decision, and
(b)
bringing an appeal against a decision.
Fees
10
(1)
The regulations may enable a licensing authority to create a
charging scheme under which the authority may charge fees to a person providing micromobility vehicles in connection with the exercise of its functions under this Part.(2)
The regulations may require a licensing authority—
(a)
before making a charging scheme, to consult persons who
may be affected by the scheme;(b)
to publish its charging scheme.
Offences
11
The regulations may provide that a person is guilty of an offence
if they—(a)
knowingly or recklessly provide false information to a
licensing authority in connection with an application for a licence or for a renewal, variation or transfer of a licence;(b)
knowingly or recklessly provide false information in
connection with reconsideration of, or an appeal against, a decision of a licensing authority.”
“(5A)
Subsections (2) to (5) do not apply to regulations under Part 2A ; instead—
(a)
a statutory instrument by which the power conferred by
section 22I is exercised is subject to annulment in pursuance of a resolution of either House of Parliament;(b)
no regulations may be made under any other provision of
Part 2A unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament;
The Road Traffic Offenders Act 1988 is amended in accordance with this
paragraph.
In section 91 (penalty for breach of regulations), in paragraph (b), after
“section” insert “22I,”.
In that table, after the entry for “RTRA section
22E
” (inserted by
“Regulations
under RTRA
section 22H
made by
virtue of
paragraph
11
(a)
or
(b)
of Schedule
3A
Providing
false
information
in connection
with a
licence
application
or on an
appeal
against a
licensing
decision
Summarily
A fine
Providing
false
information
about
provision of
micromobility
vehicles to
the Secretary
of State or a
licensing
authority
Summarily
A fine”.
sub-paragraph
(3)
), insert—
Section 6 of the Highways Act 1980 (delegation etc of functions with respect
to trunk roads) is amended in accordance with this paragraph.
In subsection (1)—
after “may by agreement with” insert “a combined authority, a
combined county authority,”;
after “delegate to that” insert “authority or”.
“(1ZA)
A combined authority or combined county authority may not enter
into an agreement under subsection (1) unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would discharge functions under the agreement.”
In subsection (2)—
in the words before paragraph (a), for “A council” substitute “An
authority or council”;
in paragraphs (a) and (b), for “the council” substitute “the authority
or council”.
In subsection (3), for “the council” substitute “the authority or council”.
In subsection (4)—
for “a council” substitute “an authority or council”;
for “the council” (in both places) substitute “the authority or council”.
In subsection (5)—
in the words before paragraph (a), after “agreement with” insert “a
combined authority, a combined county authority,”;
in paragraph (b), for “the council” substitute “the authority or
council”;
in the words after paragraph (b)—
for “a council” substitute “an authority or council”;
for “such council” substitute “such authority or council”.
“(5A)
A combined authority or combined county authority may not enter
into any arrangements under subsection (5) unless the authority has obtained the consent of any constituent council or councils in whose area the authority would discharge functions under the agreement.”
“(6ZA)
Where—
(a)
any functions have been delegated by the Minister or a
strategic highways company to a combined authority or combined county authority under subsection (1) above, or(b)
the Minister or a strategic highways company has entered
into an agreement with a combined authority or combined county authority under subsection (5) above,the combined authority or combined county authority may, with the consent of the Minister or a strategic highways company, enter into arrangements with a county council, district council or Welsh council (the “contracting council”) for the carrying out by the contracting council, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements.
(6ZB)
A combined authority or combined county authority may not enter
into arrangements under subsection (6ZA) unless the authority has obtained the consent of any constituent council or councils in whose area functions would be discharged under the arrangements.”
In subsection (6A), in the words before paragraph (a), after “subsection (6)”
insert “or (6ZA)”.
In subsection (7), for “a council” substitute “an authority or council”.
“(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—(a)
in relation to a combined authority—
(i)
a county council the whole or any part of
whose area is within the area of the authority, or(ii)
a district council whose area is within the area
of the authority;(b)
in relation to a combined county authority—
(i)
a county council for an area within the area
of the authority, or(ii)
a unitary district council for an area within
the area of the authority;“
unitary district council” means the council for a district for
which there is no county council;“
upper-tier constituent council” means a constituent council
that is—(a)
a county council, or
(b)
a unitary district council.”
Section 8 of the Highways Act 1980 (agreements between local highway
authorities and strategic highways companies for doing of certain works)
is amended in accordance with this paragraph.
In subsection (1), after “local highways authorities” insert “, combined
authorities, combined county authorities”.
“(1A)
If a combined authority or combined county authority is a party to
an agreement under subsection (1), the agreement may make or include provision for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which a constituent council of that authority are the highway authority even if that constituent council is not a party to the agreement (a “relevant constituent council”) (whether that is instead of, or in addition to, such provision about any highway for which a party to the agreement are the highway authority).(1B)
A combined authority or combined county authority may not enter
into an agreement under this section unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would exercise functions under the agreement.”
In subsection (2), after “parties to the agreement” insert “, or a relevant
constituent council,”.
In subsection (3)—
after “another highway authority” insert “or a combined authority
or combined county authority”;
for “other highway authority” substitute “other authority”.
“(4A)
A combined authority or combined county authority may not enter
into an agreement under this section with a council unless their areas adjoin each other.”
“(6)
In this section—
“
combined authority”, “combined county authority” and
“constituent council” have the same meanings as in section 6;“
relevant constituent council” has the meaning given in
subsection (1A) ;“
upper-tier constituent council” has the same meaning as in
section 6.”
The New Roads and Street Works Act 1991 is amended in accordance with
this Schedule.
In section 74B (regulations under section 74 and 74A)—
for the heading substitute “Regulations under section 74 and
regulations and orders under section 74B”;
the existing text of the section becomes subsection (1);
“(2)
The Secretary of State is the “appropriate person” in relation
to an approval order which approves—(a)
a strategic highways company, or
(3)
The Mayor of London is the “appropriate person” in relation
to an approval order which approves—(a)
Transport for London, or
(b)
a local highway authority whose area is within
Greater London.(4)
The mayor for the area of a mayoral combined authority is
the “appropriate person” in relation to an approval order which approves a local highway authority whose area is within, or the same as, the area of the combined authority (including the combined authority).(5)
The mayor for the area of mayoral CCA is the “appropriate
person” in relation to an approval order which approves a local highway authority whose area is the same as, or is within, the area of the CCA (including the CCA).(6)
The Secretary of State may issue guidance about the approval
of local highway authorities by the Mayor of London and the mayors for the areas of mayoral combined and mayoral CCAs; and—(a)
local highway authorities must have regard to the
guidance when seeking approval from the mayors;(b)
the mayors must have regard to the guidance when
considering whether to approve local highway authorities.(7)
An approval order made by the Secretary of State is to be
made by statutory instrument.(8)
If a mayor makes an approval order, the mayor must publish
the order in the manner which the mayor thinks is appropriate.The power of a mayor to make an approval order includes the power to revoke, amend or re-enact any approval order made by the mayor or a predecessor.
(9)
The validity of an approval order approving a local highway
authority (the “relevant authority”) which has been made by the Secretary of State (whether before or after the 2026 Act commencement) is not affected by the transfer of the power to approve the relevant authority.(10)
The Secretary of State has the power, exercisable by order
made by statutory instrument, to revoke such an order or to revoke it to the extent that it relates to the relevant authority.(11)
In this section—
“
approval order” means an order under section 74A(2);“
mayoral CCA” has the same meaning as in the English
Devolution and Community Empowerment Act 2026 (see section 86 of that Act);“
mayoral combined authority” has the same meaning
as in the English Devolution and Community Empowerment Act 2026 (see section 86 of that Act);“
transfer of the power to approve” means the power to
make an order approving a local highway authority becoming exercisable by a mayor by virtue of this section, whether—(a)
on the 2026 Act commencement (in relation
to the Mayor of London or a mayoral combined authority or mayoral CCA existing at that commencement), or(b)
subsequently (in relation to a mayoral
combined authority or mayoral CCA that is established, or that becomes a mayoral combined authority or mayoral CCA, after the 2026 Act commencement);“
2026 Act commencement” means the coming into force
of paragraph 2 of Schedule 7 to the English Devolution and Community Empowerment Act 2026.”
In the heading of Part 3, after “street works” insert “etc”.
In section 74A (charge determined by reference to duration of works), in an undertaker executing street works in a maintainable a person executing works for road purposes in a maintainable
to pay”.
subsection (1), for “requiring an undertaker executing street works in a
maintainable highway to pay” substitute “requiring—
(a)
highway, or
(b)
highway,
Paragraph 9 of Schedule 8 to the Traffic Management Act 2004 (civil
enforcement areas and enforcement authorities outside Greater London:
bus lane contraventions) is amended in accordance with this paragraph.
In sub-paragraph (4), for “are to the local authority in whose area the are references to the local authority in whose area the if there is a qualifying CCA or combined authority for the
contravention is committed” substitute “—
(a)
contravention is committed;
(b)
area of that local authority, are also references to that
authority or CCA (in addition to references that local
authority).”
“(5)
There is a qualifying CCA or combined authority for the area of
a local authority if—(a)
the local authority is a constituent council of a CCA or
combined authority, and(b)
the CCA or combined authority has the written consent
of the local authority to act as an enforcement authority in relation to bus lane contraventions in the local authority’s area.(6)
In this paragraph—
“
CCA” means a combined county authority established under
section 9(1) of the Levelling-up and Regeneration Act 2023;“
combined authority” means a combined authority
established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;“
constituent council” means—(a)
in relation to a combined authority—
(i)
a county council the whole or any part of
whose area is within the area of the authority, or(ii)
a district council whose area is within the
area of the authority;(b)
in relation to a CCA—
(i)
a county council for an area within the area
of the CCA, or(ii)
a unitary district council for an area within
the area of the CCA;and here “unitary district council” means the council for a district for which there is no county council.”
Paragraph 10 of Schedule 8 to the Traffic Management Act 2004 (civil
enforcement areas and enforcement authorities outside Greater London:
moving traffic contraventions) is amended in accordance with this
paragraph.
“(5)
In relation to a civil enforcement area designated by order under
this paragraph on an application that was not a joint application, references in this Part of this Act to the enforcement authority—(a)
are references to the applicant authority;
(b)
if there is a qualifying CCA or combined authority for the
area of the applicant authority, are also references to that authority or CCA (in addition to references the applicant authority).(6)
In relation to a civil enforcement area designated by order under
this paragraph on a joint application, references in this Part of this Act to the enforcement authority—(a)
are references to each applicant authority;
(b)
as respects the area of any applicant authority for which
there is a qualifying CCA or combined authority, are also references to that authority or CCA (in addition to references that applicant authority).(7)
There is a qualifying CCA or combined authority for the area of
an applicant authority if—(a)
the applicant authority is a constituent council of a CCA
or combined authority, and(b)
the CCA or combined authority has the written consent
of the applicant authority to act as an enforcement authority in relation to moving traffic contraventions in the applicant authority’s area.(8)
In this paragraph—
“
applicant authority ” means the authority, or in the case of
a joint application an authority, on whose application an order under this paragraph was made;“
CCA”, “combined authority” and “constituent council” have
the same meanings as in paragraph 9.”
Section 24 of LURA 2023 (designation of key route network roads) is
amended in accordance with this paragraph.
“(1)
A CCA has the power to—
(a)
designate a highway or proposed highway in its area as a
key route network road, or(b)
remove its designation as a key route network road.
(1A)
In the case of a mayoral CCA—
(a)
that power is a power of the CCA exercisable only by the
mayor on behalf of the CCA;(b)
the mayor may not designate a highway or proposed
highway unless—(i)
the mayor has prepared a proposal to designate it (a
“proposed designation”), and(ii)
the CCA has passed a resolution approving the
proposed designation;(c)
if there is no highway or proposed highway in the CCA’s
area that is designated as a key route network road, the mayor must prepare a proposed designation in relation to at least one highway or proposed highway.(1B)
In the case of a non-mayoral CCA, the CCA may only exercise that
power with the consent of each constituent council in whose area the highway or proposed highway is.”
“(d)
the mayor of a CCA, in the case of a mayoral CCA;
(e)
the CCA or a constituent council, in the case of a
non-mayoral CCA.”
“(5)
A CCA must maintain, and publish on its website, a record of the
roads in its area which are key route network roads.”
Section 107ZA of LDEDCA 2009 (designation of key route network roads)
is amended in accordance with this paragraph.
“(1)
A combined authority has the power to—
(a)
designate a highway or proposed highway in its area as a
key route network road, or(b)
remove its designation as a key route network road.
(1A)
In the case of a mayoral combined authority—
(a)
that power is a power of the combined authority exercisable
only by the mayor on behalf of the combined authority;(b)
the mayor may not designate a highway or proposed
highway unless—(i)
the mayor has prepared a proposal to designate it (a
“proposed designation”), and(ii)
the combined authority has passed a resolution
approving the proposed designation;(c)
if there is no highway or proposed highway in the combined
authority’s area that is designated as a key route network road, the mayor must prepare a proposed designation in relation to at least one highway or proposed highway.(1B)
In the case of a non-mayoral combined authority, the combined
authority may only exercise that power with the consent of each constituent council in whose area the highway or proposed highway is.”
“(d)
the mayor of a combined authority, in the case of a mayoral
combined authority;(e)
the combined authority or a constituent council, in the case
of a non-mayoral combined authority.”
“(5)
A combined authority must maintain, and publish on its website,
a record of the roads in its area which are key route network roads.”
Section 22 of LURA 2023 (directions relating to highways and traffic
functions) is amended in accordance with this paragraph.
For the heading substitute “Highways and traffic functions: regulations
conferring power to give directions”.
“(1)
The Secretary of State may by regulations—
(a)
confer on a non-mayoral CCA a power to give a direction
about the exercise of an eligible power;(b)
confer on a mayoral CCA a power to give a direction about
the exercise of an eligible power in relation to roads that are not key route network roads (see section 24).”
“(6)
In subsection (5) “road”—
(a)
(b)
(c)
in either case, does not include any road which is the subject
of a concession agreement under Part 1 of the New Roads and Street Works Act 1991.”
“23A Highways and traffic functions: directions by mayors
(1)
A mayoral CCA may give a direction about the exercise of—
(a)
an eligible power, or
(b)
a street authority or permit authority power,
in respect of a particular key route network road or a description of roads which are all key route network roads.
(2)
The power under this section to give a direction is exercisable only
by the mayor for the area of a CCA on behalf of the CCA.(3)
A direction under this section must relate only to the exercise of a
relevant power—(a)
by a constituent council of the CCA, and
(b)
in—
(i)
the area of the CCA, and
(ii)
the area of the constituent council.
(4)
Any direction given by virtue of this section—
(a)
must be given in writing and may be varied or revoked by
a further direction in writing, and(b)
may make different provision for different cases and different
provision for different areas.(5)
Before giving a direction under this section, a mayor must have
regard to the following—(a)
the network management duty imposed by section 16 of the
Traffic Management Act 2004;(b)
the duty imposed by section 17 of that Act (duty to make
arrangements for planning and carrying out action to be taken in performing the network management duty);(c)
any guidance issued under section 18 of that Act;
(d)
any guidance issued under section 55 of this Act.
(6)
On the day on which a mayor gives a direction under this section,
the mayor must publish a copy of the direction in such manner as the mayor considers appropriate.(7)
A mayor who gives a direction under this section must reimburse
any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).(8)
In a case where works are carried out in complying with the
direction, the costs of the works are those incurred—(a)
before or while carrying out the works, or
(b)
during the period that ends 12 months after completion of
the works.(9)
In this section—
“
eligible power” means a power of a county council or a unitary
district council which the council has—(a)
as highway authority by virtue of section 1 of the
Highways Act 1980, or(b)
as traffic authority by virtue of section 121A of the
Road Traffic Regulation Act 1984;“
power”, in the definition of “eligible power” or street authority
or permit authority power, does not include a duty;“
relevant power” means—(a)
an eligible power, or
(b)
a street authority or permit authority power;
“
street authority or permit authority power” means a power
of a county council or a unitary district council which the council has—(a)
as a street authority by virtue of section 49 of the
New Roads and Street Works Act 1991, or(b)
under section 33 or 33A of the Traffic Management
Act 2004 or under a permit scheme prepared under section 33 of that Act.23B Contraventions of section 23A
(1)
If an authority exercises any power in contravention of a direction
under section 23A , the CCA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.(2)
For the purposes of subsection (1) , the CCA has power to exercise
any power of the authority subject to the direction on behalf of that authority.(3)
Any reasonable expenses incurred by the CCA in taking any steps
under subsection (1) are recoverable from the authority subject to the direction as a civil debt.”
“(9A)
Before giving a direction under this section, a mayor or CCA must
have regard to the following—(a)
the network management duty imposed by section 16 of the
Traffic Management Act 2004;(b)
the duty imposed by section 17 of that Act (duty to make
arrangements for planning and carrying out action to be taken in performing the network management duty);(c)
any guidance issued under section 18 of that Act;
(d)
any guidance issued under section 55 of this Act.
(9B)
On the day on which a mayor or CCA gives a direction under this
section, the mayor or CCA must publish a copy of the direction in such manner as the mayor or CCA considers appropriate.(9C)
If a mayor of a CCA gives a direction under this section, the mayor
must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).In a case where works are carried out in complying with the direction, the costs are those incurred to carry out those works or during the period that ends 12 months after completion of those works.”
In subsection (11), omit “Except as provided for by section 24(7),”.
Section 104 of LDEDCA 2009 (constitution and functions: transport) is
amended in accordance with this paragraph.
“(3A)
(3B)
Section 88 (conferral of a power to direct) has effect as if—
(a)
for subsection (1) there were substituted—“(1)
The Secretary of State may by regulations—
(a)
confer on a non-mayoral combined authority
a power to give a direction about the exercise of an eligible power;(b)
confer on a mayoral CCA a power to give a
direction about the exercise of an eligible power in relation to roads that are not key route network roads (see section 107ZA).”;(b)
for subsection (7) there were substituted—“(7)
In subsection (6) “road”—
(a)
(b)
(c)
in either case, does not include any road
which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991.”(3C)
The Act has effect as if the following were inserted after section
89—“89A Highways and traffic functions: directions by mayors
(1)
A mayoral combined authority may give a direction about
the exercise of—(a)
an eligible power, or
(b)
a street authority or permit authority power,
in respect of a particular key route network road or a description of roads which are all key route network roads.
(2)
The power under this section to give a direction is exercisable
only by the mayor for the area of a combined authority on behalf of the combined authority.(3)
A direction under this section must relate only to the exercise
of a relevant power—(a)
by a constituent council of the combined authority;
(b)
in—
(i)
the area of the combined authority, and
(ii)
the area of the constituent council.
(4)
Any direction given under this section—
(a)
must be given in writing and may be varied or
revoked by a further direction in writing, and(b)
may make different provision for different cases and
different provision for different areas.(5)
Before giving a direction under this section, a mayor must
have regard to the following—(a)
the network management duty imposed by section
16 of the Traffic Management Act 2004;(b)
the duty imposed by section 17 of that Act (duty to
make arrangements for planning and carrying out action to be taken in performing the network management duty);(c)
any guidance issued under section 18 of that Act;
(d)
any guidance issued under section 118 of the Local
Democracy, Economic Development and Construction Act 2009.(6)
On the day on which a mayor gives a direction under this
section, the mayor must publish a copy of the direction in such manner as the mayor considers appropriate.(7)
A mayor who gives a direction under this section must
reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).(8)
In a case where works are carried out in complying with the
direction, the costs of the works are those incurred—(a)
before or while carrying out the works, or
(b)
during the period that ends 12 months after
completion of the works.(9)
The following provisions of this Act apply in relation to a
combined authority as they apply in relation to an ITA on whom functions of a kind described in section 88 are conferred—(a)
section 88(10) (provisions about directions);
(b)
section 89(2) and (3) (power to remedy contravention
of direction).(10)
In this section—
“
eligible power” means a power of a county council or
a unitary district council which the council has—(a)
as highway authority by virtue of section 1
of the Highways Act 1980, or(b)
as traffic authority by virtue of section 121A
of the Road Traffic Regulation Act 1984;“
power”, in the definition of “eligible power” or street
authority or permit authority power, does not include a duty;“
relevant power” means—(a)
an eligible power, or
(b)
a street authority or permit authority power;
“
street authority or permit authority power” means a
power of a county council or a unitary district council which the council has—(a)
as a street authority by virtue of section 49 of
the New Roads and Street Works Act 1991, or(b)
under section 33 or 33A of the Traffic
Management Act 2004 or under a permit scheme prepared under section 33 of that Act.89B Contraventions of section 89A
(1)
If an authority (the “defaulting authority”) exercises any
power in contravention of a direction under section 89A given by a combined authority (the “CA”), the CA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.(2)
For the purposes of subsection (1) , the CA has power to
exercise any power of the defaulting authority on behalf of that authority.(3)
Any reasonable expenses incurred by the CA in taking any
steps under subsection (1) are recoverable from the defaulting authority as a civil debt.”
In subsection (10), omit “Except as provided for by section 107ZA(7),”.
In section 107ZA LDEDCA 2009—
omit subsections (7) and (8);
in subsection (9), omit the definition of “eligible power”.
In section 107D(9), omit “Except as provided for by section 107ZA(7),”.
In section 24 LURA 2023—
omit subsections (7) and (8);
in subsection (9), omit the definition of “eligible power”.
In section 30(11), omit “Except as provided for by section 24(7),”.
The Road Traffic Reduction Act 1997 is amended in accordance with this
Part of this Schedule.
“2A Duty of mayoral combined authorities and CCAs to make reports
(1)
It is the duty of every mayoral combined authority and every
mayoral CCA to prepare, at such time or times as the Secretary of State may direct, a report containing—(a)
an assessment of the levels of local road traffic using key
route network roads in the area, and(b)
a forecast of the growth in those levels.
(2)
Subject to subsection (5) , the report must also specify targets for—
(a)
a reduction in the levels of local road traffic using key route
network roads in the area, or(b)
a reduction in the rate of growth in the levels of such traffic.
(3)
The report must also contain any other information or proposals
which—(a)
relate to levels of local road traffic using key route network
roads in the area, and(b)
are required by guidance under subsection (6) .
(4)
The report—
(a)
may specify different targets for different parts of the area
or for different classes of local road traffic using key route network roads, and(b)
may specify targets—
(i)
(5)
A mayoral combined authority or mayoral CCA is not obliged to
specify targets under subsection (2) (a) or (b) in relation to the area, or in relation to any part of the area, if they consider it inappropriate to do so, but in that case the report must state—(a)
that the authority considers it inappropriate to do so, and
(b)
the authority’s reasons for so considering.
(6)
The Secretary of State may issue guidance to mayoral combined
authorities and mayoral CCAs in relation to—(a)
the preparation and content of reports under this section,
and(b)
consultation in connection with the preparation of such
reports;and a mayoral combined authority or mayoral CCA must have regard to any guidance when preparing a report.
(7)
Where a mayoral combined authority or mayoral CCA has prepared
a report under this section the authority must—(a)
send the report to the Secretary of State, and
(b)
publish a copy of the report in such manner as the authority
considers appropriate.(8)
(9)
In this section “the area”, in relation to a mayoral combined authority
or mayoral CCA, means that authority’s area.”
In section 1 (interpretation)—
““
constituent council” means—(a)
in relation to a mayoral combined authority—
(i)
a county council the whole or any part of
whose area is within the area of the authority, or(ii)
a district council whose area is within the area
of the authority;(b)
in relation to a mayoral CCA—
(i)
a county council for an area within the area
of the authority, or(ii)
a unitary district council for an area within
the area of the authority;and here “unitary district council” means the council for a district for which there is no county council;
“
key route network road” means a highway or proposed
highway designated for the time being as a key route network road—(a)
by a mayoral combined authority under section
107ZA of the Local Democracy, Economic Development and Construction Act 2009, or(b)
by a mayoral CCA under section 24 of the
Levelling-up and Regeneration Act 2023;”;
““
mayoral CCA” has the same meaning as in Chapter 1 of Part
2 of the Levelling-up and Regeneration Act 2023 — see section 57 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 120 of that Act;”.
In section 2 (duty of principal councils to make reports), after subsection If a principal council is a constituent council of a mayoral combined
(4) insert—
“(4ZA)
authority or mayoral CCA, the duty imposed on the council by
subsection (1) does not apply to the levels of local road traffic using
key route network roads in the council’s area.”
In section 108 (local transport plans)—
in subsection (4)(cb), omit “established under section 9(1) of the
Levelling-up and Regeneration Act 2023”;
“(4A)
A county council or a council of a non-metropolitan district
is not a local transport authority where—(a)
the council is a constituent council of a combined
authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and(b)
the combined authority or combined county authority
has completed its first full financial year.(4B)
Where a local transport authority is a mayoral combined
authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority.(4C)
Where a local transport authority is a mayoral CCA, the
functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority.”
In section 109 (further provision about plans: England), after subsection (4) Where a local transport authority is a mayoral combined authority, Where a local transport authority is a mayoral CCA, the functions
insert—
“(4A)
the functions of the combined authority under this section are
exercisable only by the mayor acting on behalf of the combined
authority.
(4B)
of the combined county authority under this section are exercisable
only by the mayor acting on behalf of the combined county
authority.”
“109ZA Combined authorities and combined county authorities: adoption
of local transport plans(1)
This section applies where a local transport authority is a combined
authority or a combined county authority.(2)
The local transport plan prepared by the authority in accordance
with section 108, and any review or alteration to the plan, only becomes operative once it is adopted by the authority.(3)
In the case of a non-mayoral combined authority or non-mayoral
CCA, 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.(4)
In the case of a mayoral combined authority or mayoral CCA, a
resolution to adopt the strategy is to be made by a simple majority—(a)
of the relevant members present and voting on that
resolution at a meeting of the authority,(b)
which includes the mayor, or the deputy mayor acting in
place of the mayor.(5)
But if—
(a)
the office of mayor is vacant, and
(b)
there is no deputy mayor, or the deputy mayor is unable to
act in place of the 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.
(6)
In the case of a resolution by a non-mayoral combined authority or
non-mayoral CCA—(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.(7)
In the case of a resolution by a mayoral combined authority or
mayoral CCA—(a)
each relevant member has one vote;
(b)
in the event of a tied vote then (unless it is a case where subsection (5) 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).(8)
In the case of a non-mayoral combined authority or non-mayoral
CCA, the adoption of a local transport plan requires the consent of all constituent councils.(9)
In this section—
“
constituent member”, in relation to a combined authority or
combined county authority—(a)
means a person appointed by a constituent council
to be a member of the authority; and(b)
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 a mayoral combined authority
or mayoral CCA means—(a)
a constituent member or
(b)
the mayor,
and also includes the deputy mayor acting in place of the mayor.”
In section 112 (plans and strategies: supplementary), after subsection (2) Where a local transport authority is a mayoral combined authority, Where a local transport authority is a mayoral combined county
insert—
“(3)
references in this section to the local transport authority are to the
mayor acting on behalf of the combined authority.
(4)
authority, references in this section to the local transport authority
are to the mayor acting on behalf of the combined county authority.”
In section 113F (advanced quality partnership schemes: traffic regulation
orders)—
in subsection (1)(b), for “metropolitan district council” substitute
“local highway authority”;
in subsection (3)—
in the opening words, for “metropolitan district council”
substitute “local highway authority”;
in paragraph (a), for “metropolitan district council” substitute
“local highway authority”.
In section 113M (variation: supplementary), in subsection (7)(a), for
“metropolitan district council” substitute “local highway authority”.
In section 113O (guidance about schemes), in subsection (1), for
“metropolitan district councils” substitute “local highway authorities”.
In section 114 (quality partnership schemes), in subsection (7)(b), for
“metropolitan district council for the district” substitute “local highway
authority for the local authority area”.
In section 121 (variation: supplementary), in subsection (7)(a), for
“metropolitan district council” substitute “local highway authority”.
In section 123 (guidance about schemes), in subsection (1), for “metropolitan
district councils” substitute “local highway authorities”.
In section 138B (further parties to a scheme)—
in subsection (2)(b), for “metropolitan district council for the district”
substitute “local highway authority for the local authority area”;
in subsection (5), for “metropolitan district council” substitute “local
highway authority”.
In section 138N (variation: supplementary), in subsection (7)(a), for
“metropolitan district council” substitute “local highway authority”.
In section 146 (mandatory concessions: supplementary)—
the existing text becomes subsection (1);
in that subsection, in the definition of “travel concession authority”, a combined authority, a combined county authority,”;
after paragraph (c) insert—
“(cza)
(czb)
“(2)
A county council or a council of a non-metropolitan district
is not a travel concession authority for the purposes of this Part where—(a)
the council is a constituent council of a combined
authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and(b)
the combined authority or combined county authority
has completed its first full financial year.”
In section 162 (interpretation of Part 2), in subsection (1), in the appropriate
““
““
““
places insert the following definitions—
local highway authority” has the meaning given in section 329(1) of
the Highways Act 1980,”;
non-mayoral CCA” means a combined county authority that is not a
mayoral CCA,”;
non-mayoral combined authority” means a combined authority that
is not a mayoral combined authority,”.
The Transport Act 1985 is amended in accordance with paragraphs 17 to 21 .
In
section 63
(functions of local councils with respect to passenger transport
in areas other than integrated transport areas and passenger transport
areas)—
in subsection (4), for “non-metropolitan district council in England”
substitute “district council in England or a relevant county council”;
“(8B)
Where the whole or any part of the area of a county council
in England falls within the area of a combined authority or a combined county authority, references in this section to the council are—(a)
where the combined authority or combined county
authority has completed its first full financial year, references to the combined authority or combined county authority (instead of to the council), and(b)
until that time, references to the combined authority
or combined county authority as well as to the council.(8C)
“(9A)
A “relevant county council” for the purposes of subsection
(4) is a county council in England the whole or any part of whose area falls within the area of a combined authority or a combined county authority.”
In
section 65
(co-operation between certain councils and London regional Where the whole or any part of the area of a county council in where the combined authority or combined county authority until that time, references to the combined authority or
transport), after
subsection (3)
insert—
“(3A)
England falls within the area of a combined authority or a combined
county authority, references in this section to the council are—
(a)
has completed its first full financial year, references to the
combined authority or combined county authority (instead
of to the council), and
(b)
combined county authority as well as to the council.”
In section 88 (expenditure on public passenger transport services), in subsection (8) —
omit the “and” at the end of paragraph (b) ,
“(ba)
combined authorities,
(bb)
combined county authorities, and”.
“(8A)
A county council or a council of a non-metropolitan district is not
a local authority for the purposes of this section where—(a)
the council is a constituent council of a combined authority
or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and(b)
the combined authority or combined county authority has
completed its first full financial year.”
In section 105 (travel concessions on services provided by local authorities)—
in
subsection (1)
, after “Scotland” insert “, or a combined authority
or a combined county authority,”;
in subsection (2), after “such council” insert “or authority”;
in subsection (3), after “council” insert “or authority”;
“(4)
The power under subsection (1) does not apply to a county
or district council where—(a)
the council is a constituent council of a combined
authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and(b)
the combined authority or combined county authority
has completed its first full financial year.”
The Apprenticeships, Skills, Children and Learning Act 2009 is amended
in accordance with this Part of this Schedule.
Section 86 (education and training for persons aged 19 or over and others
subject to adult detention) is amended in accordance with this paragraph.
“(1A)
The Mayor of London, each combined authority and CCA, and each
district council or county council that is a strategic authority, must secure the provision in relation to the relevant area of such facilities as it considers appropriate for—(a)
education suitable to the requirements of persons who are
aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained, and(b)
training, other than apprenticeship training, suitable to the
requirements of such persons.(1B)
Subsection (1) does not apply to the provision of facilities to the
extent that subsection (1A) applies to the provision of those facilities.”
““
relevant area” means—(a)
in relation to the Mayor of London, Greater London;
(b)
in relation to a combined authority or CCA, its area;
(c)
in relation to a district council or county council that is a
strategic authority, the council’s area;”
Section 87 (learning aims for persons aged 19 or over: provision of facilities)
is amended in accordance with this paragraph.
“(1A)
The Mayor of London, each combined authority and CCA, and each
district council or county council that is a strategic authority, must secure the provision in relation to the relevant area of such facilities as it considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.(1B)
Subsection (1) does not apply to the provision of facilities to the
extent that subsection (1A) applies to the provision of those facilities.”
In subsection (3)(b), for “Secretary of State” substitute “person, authority
or council exercising the function under subsection (1) or (1A)”.
““
relevant area” means—(a)
in relation to the Mayor of London, Greater London;
(b)
in relation to a combined authority or CCA, its area;
(c)
in relation to a district council or county council that is a
strategic authority, the council’s area;”
Section 88 (learning aims for persons aged 19 or over: payment of tuition
fees) is amended in accordance with this paragraph.
In subsection (1), for “Secretary of State” substitute “relevant authority”.
In subsection (2)(b), for “Secretary of State” substitute “person, authority
or council exercising the function under this Part”.
In subsections (2A) and (3), for “Secretary of State” substitute “relevant
authority”.
In subsection (4)(b), for “Secretary of State” substitute “relevant authority
securing the provision of the facilities under section 86”.
In subsection (6)(a), for “Secretary of State” substitute “relevant authority”.
“(8)
In this section “relevant authority” means—
(a)
the Secretary of State,
(b)
the Mayor of London,
(c)
a combined authority or CCA, or
(d)
a district council or county council that is a strategic
authority.”
Section 90 (encouragement of education and training for persons aged 19
or over and others subject to adult detention) is amended in accordance
with this paragraph.
“(1A)
The Greater London Authority, each combined authority and CCA,
and each district council or county council that is a strategic authority, must—(a)
(b)
(c)
encourage employers to contribute to the costs of education
and training within strategic authorities’ remit under this Part for such persons.”
Section 100 (provision of financial resources) is amended in accordance
with this paragraph.
In subsection (1)—
in the words before paragraph (a), for “The Secretary of State”
substitute “A relevant authority”;
in paragraph (a), for “the Secretary of State's remit” substitute “the
relevant authority’s remit”.
In subsection (1AA) omit the words after “combined authority”.
In subsection (1AB), for the words from “combined county authority” to
the end substitute “CCA”.
In subsection (1B), for “The Secretary of State” substitute “A relevant
authority”.
“(1C)
The Greater London Authority, a combined authority or CCA, or
a district council or county council that is a strategic authority, may not exercise—(a)
a function conferred by subsection (1) in relation to persons
subject to adult detention;(b)
a function conferred by subsection (1) or (1B) in relation to
any person who, at the time of starting a course of study for an approved technical education qualification or starting to take approved steps towards occupational competence, is—(i)
aged under 19, or
(ii)
aged under under 25 and for whom an EHC plan is
maintained.”
In subsection (3)—
in the words before paragraph (a), for “The Secretary of State”
substitute “A relevant authority”;
in paragraph (c), for “the Secretary of State” substitute “the relevant
authority”.
In subsection (4), for “The Secretary of State” substitute “A relevant
authority”.
In subsection (5)—
omit the definitions of “combined authority” and “combined county
authority”;
““
relevant authority” means—(a)
the Secretary of State,
(b)
the Greater London Authority,
(c)
a combined authority or CCA, or
(d)
a district council or county council that is a strategic
authority;“
relevant authority’s remit under this Part” means—(a)
in relation to financial resources whose provision is
secured by the Secretary of State, the Secretary of State’s remit under this Part;(b)
in relation to financial resources whose provision is
secured by the Mayor of London, a combined authority or CCA, or a district council or county council that is a strategic authority, strategic authorities’ remit under this Part.”
Section 101 (financial resources: conditions) is amended in accordance with
this paragraph.
In subsection (1), for “the Secretary of State” substitute “a relevant
authority”.
In the following provisions, for “the Secretary of State” substitute “the
relevant authority”—
subsection (3)(a) (in both places);
subsection (3)(b) (in both places);
subsection (6)(a) (in both places);
subsection (6)(b).
“(1A)
For the purpose of the exercise of the powers under section 100(1)(c),
(d) or (e), the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, may—(a)
carry out means tests;
(b)
arrange for other persons to carry out means tests.”
“Directions and guidance
114A Directions and guidance to strategic authorities
(1)
Where the Greater London Authority, a combined authority or CCA,
or a district council or county council that is a strategic authority, adopts rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100, it must adopt such rules in accordance with any direction given by the Secretary of State.(2)
In exercising a function under section 86, 87, 88, 90 or 100, the Mayor
of London or Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, must have regard to guidance issued by the Secretary of State for the purpose of this subsection.”
In section 115 (persons with special educational needs), for subsections (1) The Mayor of London or Greater London Authority, a combined The persons referred to above are— persons who are aged 19 or over, other than persons aged persons who are subject to adult detention.”
and (2) substitute—
“(1)
(2A)
authority or CCA, or a district council or county council that is a
strategic authority, must, in performing functions under this Part,
have regard to the needs of persons with special educational needs
who are of a kind specified in subsection
(2B)
(a)
.
(2B)
(a)
under 25 for whom an EHC plan is maintained;
(b)
“120B When functions become exercisable by strategic authorities
The Mayor of London (1)
The functions conferred on the Mayor of London by this Part are
exercisable by the Mayor in relation to—(a)
the academic year beginning with 1 August 2025, and
(b)
each subsequent academic year.
Combined authority or CCA already exercising the functions (2)
Subsection (3) applies to a combined authority or CCA if functions
conferred on it by this Part are also pre-commencement functions.(3)
The functions continue to be exercisable by the combined authority
or CCA on and after the commencement day (but as functions conferred by this Part).Other combined authority or CCA (4)
Subsection (5) applies to a combined authority or CCA—
(a)
if functions conferred on it by this Part are not
pre-commencement functions;(b)
whether the combined authority or CCA was established
before, or is established on or after, the commencement day.(5)
The functions conferred on the combined authority or CCA by this
Part are exercisable by it in relation to—(a)
the second academic year to begin after the academic year
during which it was, or is, established, and(b)
each subsequent academic year.
District or county council already exercising the functions (6)
Subsection (7) applies to a district council or county council that is
a strategic authority if functions conferred on it by this Part are also pre-designation functions.(7)
The functions continue to be exercisable by the district council or
county council on and after its designation (but as functions conferred by this Part).Other district or county council (8)
Subsection (9) applies to a district council or county council that is
a strategic authority if functions conferred on it by this Part are not pre-designation functions.(9)
The functions conferred on the district council or county council by
this Part are exercisable by it in relation to—(a)
the second academic year to begin after the academic year
during which its designation takes effect, and(b)
each subsequent academic year.
Interpretation (10)
In this section—
“
academic year” means each period—(a)
beginning with 1 August, and
(b)
ending with the next 31 July;
“
commencement day” means the day on which the English
Devolution and Community Empowerment Act 2026 is passed;“
designation”, in relation to a district council or county council
that is a strategic authority, means its designation as a single foundation strategic authority;“
pre-commencement functions” means functions which were
exercisable by a combined authority or CCA immediately before the commencement day by virtue of—(a)
an order under Part 6 of the Local Democracy,
Economic Development and Construction Act 2009, or(b)
regulations under Chapter 2 of Part 1 of the
Levelling-up and Regeneration Act 2023;“
pre-designation functions” means functions which are
exercisable by a district council or county council immediately before its designation, by virtue of regulations under section 16 of the Cities and Local Government Devolution Act 2016.”
Section 121 (interpretation) is amended in accordance with this paragraph.
““
CCA” means a combined county authority established under Chapter
1 of Part 2 of the Levelling-up and Regeneration Act 2023;“
combined authority” means a combined authority established under
Part 6 of the Local Democracy, Economic Development and Construction Act 2009;“
district council or county council that is a strategic authority” means
a district council or county council that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026;”.
“(3A)
In this Part a reference to education within strategic authorities’
remit under this Part is a reference to—(b)
organised leisure-time occupation in connection with such
education.(3B)
In this Part a reference to training within strategic authorities’ remit
under this Part is a reference to—(b)
organised leisure-time occupation in connection with such
training.”
Section 122 (sharing of information for education and training purposes)
is amended in accordance with this paragraph.
In subsection (3)—
“(fe)
the Mayor of London;
(ff)
a person providing services to the Mayor of London;
(fg)
the Greater London Authority;
(fh)
a person providing services to the Greater London
Authority;”.
“(d)
any function of a combined authority under Part 4,
(e)
any function of a combined county authority under Part 4,
(f)
any function of the Mayor of London under Part 4,
(g)
any function of the Greater London Authority under Part 4,
or”.
The Education Act 1996 is amended in accordance with this Part of this
Schedule.
Section 15ZA (duty in respect of education and training for persons over
compulsory school age: England) is amended in accordance with this
paragraph.
In subsection (1), for “local authority in England” substitute “relevant
authority”.
In the following provisions, for “local authority” substitute “relevant
authority”—
subsection (2);
subsection (3), in the words before paragraph (a);
in subsection (4), in the words before paragraph (a);
in subsection (5), in the words before paragraph (a);
in subsection (9).
In section 15ZB (co-operation in performance of section 15ZA duty), for
“Local authorities in England” substitute “Relevant authorities”.
In section 15ZC (encouragement of education and training for persons over
compulsory school age: England), in subsection (1), in the words before
paragraph (a), for “local authority in England” substitute “relevant
authority”.
In section 579 (general interpretation), in subsection (1), after the definition
““ the Greater London Authority, a local authority in England, a combined authority established under Part 6 of the Local a combined county authority established under Chapter 1
of “regulations” insert—
relevant authority” means—
(a)
(b)
(c)
Democracy, Economic Development and Construction Act
2009, or
(d)
of Part 2 of the Levelling-up and Regeneration Act 2023.”
The Town and Country Planning Act 1990 is amended as follows.
In section 2A (the Mayor of London: applications of potential strategic
importance)—
in the heading, after “London” insert “, mayors of combined
authorities and mayors of combined county authorities”;
in subsection (1), in the closing words, for “Mayor of London”
substitute “relevant mayor”;
omit subsection (1A);
in subsection (1B)—
in the opening words, for “Mayor of London” substitute
“relevant mayor”;
in paragraph (b), for “Mayor of London” substitute “relevant
mayor”;
in subsection (2) for “Mayor” substitute “relevant mayor”;
in subsection (3)(a)—
the words from “in Greater” to the end of that paragraph
become sub-paragraph (i);
“(ii)
in an area of a mayoral combined
authority, or(iii)
in an area of a mayoral combined
county authority,”;
in subsection (5), for “Mayor of London” substitute “relevant mayor”;
“(5A)
For the purposes of this section and sections 2B to 2F the
“relevant mayor”—(a)
in relation to an application relating to land in
Greater London, is the Mayor of London;(b)
in relation to an application relating to land in the
area of a mayoral combined authority, is the mayor for that combined authority;(c)
in relation to an application relating to land in the
area of a mayoral combined county authority, is the mayor for that combined county authority.”;
in subsection (6), for “the spatial development strategy” substitute
“a spatial development strategy”.
In section 2B (section 2A: supplementary provision)—
in subsection (1), for “Mayor of London” substitute “relevant mayor”;
in subsection (2), for “Mayor of London’s” substitute “relevant
mayor’s”;
in subsection (3), for “Mayor of London” substitute “relevant mayor”;
in subsection (4), for “Mayor of London” substitute “relevant mayor”;
in subsection (5), for “Mayor of London” substitute “relevant mayor”;
in subsection (6), omit paragraph (b).
In section 2C (matters reserved for subsequent approval)—
in subsection (1), for “Mayor of London” substitute “relevant mayor”;
in subsection (3), for “Mayor of London” substitute “relevant mayor”.
In section 2D (further provision about orders under section 2A)—
in subsection (2), for “Mayor of London” substitute “relevant mayor”;
in subsection (3), for “Mayor of London” substitute “relevant mayor”.
In section 2E (section 2A and planning obligations under section 106)—
in subsection (1), for “Mayor of London” substitute “relevant mayor”;
in subsection (2), for “Mayor of London” substitute “relevant mayor”;
in subsection (4), for “Mayor of London” substitute “relevant mayor”;
in subsection (5), in paragraph (a), for “Mayor of London” substitute
“relevant mayor”.
In section 2F (representation hearings)—
for the heading substitute “Oral and written representations”;
“(1A)
Before determining an application to which this section
applies which also falls within subsection (1B), the relevant mayor must give—(a)
the applicant, and
(b)
the local planning authority to whom the application
was made,an opportunity to make either oral representations at a hearing (“a representation hearing”) or written representations on the application.
(1B)
The following applications fall within this subsection—
(a)
an application of a description specified in
regulations;(b)
an application made under section 73 or 73B;
(c)
an application which is a connected application for
the purposes of section 2B in relation to an application under paragraph (a) or (b).”;
in subsection (2)—
for the opening words, substitute “Before determining any
other application to which this section applies, the relevant
mayor must give”;
in the closing words, for “hearing (“a representation
hearing”)” substitute “a representation hearing”;
“(2A)
The relevant mayor must prepare and publish a document
setting out—(a)
the persons, in addition to the applicant and the local
planning authority, who may make written representations;(b)
the procedure for making written representations;
(c)
the form in which, and the period within which,
written representations must be made.”;
in subsection (3), for “Mayor of London” substitute “relevant mayor”;
“(4A)
A document under subsection (2A) and (3) may be combined
in one document.”;
in subsection (5), in paragraph (b), for “Mayor of London” substitute
“relevant mayor”.
The Town and Country Planning Act 1990 is amended as follows.
In section 61DA (mayoral development orders)—
in subsection (1), for “The Mayor of London” substitute “A relevant
mayor”;
“(1A)
For the purposes of this section and sections 61DB to 61DE
a “relevant mayor” is—(a)
the Mayor of London,
(b)
the mayor of a mayoral combined authority, or
(c)
the mayor of a mayoral combined county authority.”;
“(a)
if the relevant mayor is the Mayor of London—
(i)
the area of a local planning authority in
Greater London, or(ii)
the areas of two or more local planning
authorities in Greater London;(b)
if the relevant mayor is the mayor of a mayoral
combined authority, the area of that authority;(c)
if the relevant mayor is the mayor of a mayoral
combined county authority, the area of that authority.”
In section 61DB (permission granted by mayoral development order)—
in subsection (3) for “Mayor of London” substitute “the mayor who
made the order”;
omit subsections (6) and (7);
in subsection (8)—
in paragraph (a), for “the Mayor of London” substitute “a
relevant mayor”;
in the closing words, for “Mayor” substitute “relevant
mayor”;
in subsection (9)—
the words from “a site” to the end become paragraph (a);
“, and
(b)
the authority has the function of determining
applications for planning permission in relation to that area.”
In section 61DC (preparation and making of mayoral development order)—
omit subsection (3);
omit subsection (4);
omit subsection (5);
in subsection (6)—
for “the Mayor of London” substitute “a relevant mayor”;
for “Mayor”, in the second place it occurs, substitute “mayor”.
In section 61DD (revision or revocation of mayoral development order)—
in subsection (1)—
for “The Mayor of London” substitute “A relevant mayor”;
omit “with the approval of each relevant local planning
authority”;
in subsection (2)—
for “The Mayor of London” substitute “A relevant mayor”;
for “Mayor”, in the second place it occurs, substitute
“relevant mayor”;
leave out from “(and” to “circumstances)”.
In section 61DE (effect of revision or revocation on incomplete
development)—
in subsection (4)—
for “the Mayor of London” substitute “a relevant mayor”;
for “Mayor”, in the second place it occurs, substitute “mayor”;
in subsection (5), for “the Mayor of London” substitute “the relevant
mayor”.
In section 74 (directions etc as to method of dealing with applications)—
in subsection (1B)—
“(aa)
for enabling the mayor of a relevant authority
in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for an area which falls within the area of the authority—(i)
to consult with the mayor before
granting or refusing an application for planning permission, or permission in principle, that is an application of a prescribed description, or(ii)
to refuse an application for planning
permission, or permission in principle, of a prescribed description in any particular case;”;
in paragraph (b), for “such direction” substitute “direction
under paragraph (a) or (aa)”;
in paragraph (c), after “(a)(ii)” insert “or (aa)(ii)”;
in subsection (1BA), in paragraph (b), for “or the Mayor of London”
substitute “, the Mayor of London or the mayor of a relevant
authority”;
in subsection (1BB), for “the spatial development strategy” substitute
“a spatial development strategy”;
“(1D)
In determining whether to exercise any power under
subsection (1B) to direct a local planning authority to refuse an application, the mayor of a relevant authority shall have regard to—(a)
the development plan,
(b)
any national development management policies, and
(c)
the spatial development strategy relating to the area
of the relevant authority as prepared and adopted under Part 1A of the Planning and Compulsory Purchase Act 2004,so far as material to the application.”
“(3)
In this section, “relevant authority” means a mayoral
combined authority or a mayoral combined county authority.”
In section 336 (interpretation)—
in the appropriate place, insert each of the following definitions—
“
“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;”;
“
“mayoral combined authority” means a combined authority
for an area for which provision is made in an order under
section 107A of the Local Democracy, Economic Development
and Construction Act 2009 for there to be a mayor;”;
“
“mayoral combined county authority” means a combined
county authority 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;”;
“(a)
in relation to the Mayor of London, has the meaning
given by section 334 of the Greater London Authority Act 1999;(b)
in relation to a combined authority or combined
county authority, has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004;”.
In section 1 of the Planning (Hazardous Substances) Act 1990—
the existing words become subsection (1);
in that subsection, for the words from “But” to the end, substitute
“But in the case of a London Borough, or where the land is situated
in the area of a mayoral combined authority or a mayoral combined
county authority, see also section 2B(5) of the principal Act (relevant
mayor to be the hazardous substances authority in certain
circumstances);
“(2)
In this section, “mayoral combined authority” and “mayoral
combined county authority” have the same meaning as in the Town and Country Planning Act 1990 (see section 336 of that Act).”
The Town and Country Planning Act 1990 is amended as follows.
In section 58B (duty of regard to certain heritage assets in granting
permission), as inserted by section 102(1) of the Levelling-Up and
Regeneration Act 2023, in subsection (4), after “London” insert “or the
mayor of a mayoral combined authority or mayoral combined county
authority”.
In section 70 (determination of applications: general considerations), in the mayor of a mayoral combined authority; the mayor of a mayoral combined county authority;”.
subsection (4), in the definition of “relevant authority”, after paragraph (b)
insert—
“(ba)
(bb)
In section 106 (planning obligations)—
in subsection (1)(d), after “Authority” insert “or, as the case may
be, the mayoral combined authority or mayoral combined county
authority”;
in subsection (9)(d), after “London” insert “or, as the case may be,
the mayor of a specified mayoral combined authority or specified
mayoral combined county authority”;
in subsection (10), after “London” insert “or, as the case may be,
the mayor of a specified mayoral combined authority or specified
mayoral combined county authority”;
in subsection (12)(b), for “or the Mayor of London” substitute “, the
Mayor of London or the mayor of a combined authority or combined
county authority”.
In section 106A (modification and discharge of planning obligations)—
in subsection (11)(a), after “London” insert “or the mayor of a
combined authority or combined county authority”;
in subsection (12), after “London” insert “or the mayor of a combined
authority or combined county authority”.
In section 106B (appeals in relation to applications under section 106A), in
subsection (8)—
after “London”, in the first place it occurs, insert “or the mayor of
a combined authority or combined county authority”;
after “London, in the second place it occurs, insert “or, as the case
may be, the mayor of the combined authority or combined county
authority”.
In section 108 (compensation for refusal or conditional grant of planning
permission etc), in subsection (1A), as inserted by paragraph 15(4) of
Schedule 4 to the Infrastructure Act 2015—
in paragraph (a), after “London” insert “or the mayor of the
combined authority or combined county authority who made the
order”;
in paragraph (b)—
after “London”, in the first place it occurs, insert “or a mayor
of a combined authority or combined county authority”;
after “London”, in the second place it occurs, insert “or, as
the case may be, the mayor of the combined authority or
combined county authority”.
In section 303 (fees for planning applications etc)—
in subsection (1ZA)(a), after “London” insert “or the mayor of a
combined authority or combined county authority”;
in subsection (10A), as inserted by paragraph 19(3) of Schedule 4
to the Infrastructure Act 2015—
after “London”, in the first place it occurs, insert “, the mayor
of a combined authority or combined county authority,”;
after “Mayor of London”, in the second place it occurs, insert
“, the mayor,”.
In section 305 (contributions by Ministers towards compensation paid by
local authorities), in subsection (1)(a) as amended by paragraph 20 of
Schedule 4 to the Infrastructure Act 2015, after “London” insert “, the mayor
of a combined authority or combined county authority”.
In section 322B (local inquiries in London: special provision as to costs in
certain cases)—
in the heading, omit “in London”;
in subsection (1)(a), for “London borough” substitute “relevant area”;
in subsection (1)(b), for “Mayor of London” substitute “relevant
mayor”;
in subsection (5), in the substituted subsection—
in paragraph (a), for “Mayor of London” substitute “relevant
mayor”;
in paragraph (a), for “Mayor”, the second time it occurs,
substitute “relevant mayor”;
in paragraph (b), for “Mayor” substitute “relevant mayor”;
in the closing words, for each reference to “Mayor” substitute
“relevant mayor”;
in subsection (6), in paragraph (a) of the substituted subsection—
for “Mayor of London” substitute “relevant mayor”;
for “Mayor”, the second time it occurs, substitute “relevant
mayor”;
“(6A)
In this section—
“
relevant area” means a London borough or the area
(or part of the area) of a mayoral combined authority or mayoral combined county authority;“
relevant mayor” means—(a)
where planning permission or permission in
principle is refused by the local planning authority for a London borough, the Mayor of London,(b)
where planning permission or permission in
principle is refused by the local planning authority for the area, or part of the area, of a mayoral combined authority, the mayor of that authority, or(c)
where planning permission or permission in
principle is refused by the local planning authority for the area, or part of the area, of a mayoral combined county authority, the mayor of that authority.”
In section 324 (rights of entry)—
in subsection (1B), as inserted by paragraph 21 of Schedule 4 to the
Infrastructure Act 2015—
in the opening words, for “Mayor of London” substitute
“relevant mayor”;
in paragraph (a), for “Mayor of London” substitute “relevant
mayor”;
in paragraph (a), for “for the Mayor” substitute “the mayor”;
in paragraph (b) for “Mayor of London” substitute “the
relevant mayor”;
after subsection (1B), as inserted by paragraph 21 of Schedule 4 to For the purposes of subsection (1B), the “relevant mayor”— where the proposal is for a Mayoral development where the proposal is for a Mayoral development where the proposal is for a Mayoral development
the Infrastructure Act 2015, insert—
“(1BZA)
(a)
order to be made by the Mayor of London, the Mayor
of London,
(b)
order to be made by the mayor of a mayoral
combined authority, that mayor, or
(c)
order to be made by the mayor of a mayoral
combined county authority, that mayor.”
Schedule 7A (biodiversity gain in England) is amended as follows.
In paragraph 12D—
in sub-paragraph (1), after “London” insert “or the mayor of a
mayoral combined authority or mayoral combined county authority”;
in sub-paragraph (2)(a), after “London” insert “or the mayor of the
mayoral combined authority or mayoral combined county authority”;
in sub-paragraph (2)(b), after “London” insert “or, as the case may
be, the mayor of the mayoral combined authority or mayoral
combined county authority”.
In paragraph 12E—
in sub-paragraph (1)(a), after “London” insert “or the mayor of a
mayoral combined authority or mayoral combined county authority”;
in sub-paragraph (2)(a), after “London” insert “or, as the case may
be, the mayor of the mayoral combined authority or mayoral
combined county authority”.
in paragraph 12F—
in sub-paragraph (1)(a), after “London” insert “or the mayor of a
mayoral combined authority or mayoral combined county authority”;
in sub-paragraph (2)(a), after “London” insert “or, as the case may
be, the mayor of the mayoral combined authority or mayoral
combined county authority”.
In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty
to grant planning permission etc)—
in subsection (6)(b)(ii), for “or the Mayor of London” substitute “,
the Mayor of London or the mayor of a mayoral combined authority
or mayoral combined county authority”;
“(10)
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;“
mayoral combined authority” means a combined
authority for an area for which provision is made in an order under section 107A of the Local Democracy, Economic Development and Construction Act 2009 for there to be a mayor;“
mayoral combined county authority” means a
combined county authority 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.”
In section 162 of the Housing and Planning Act 2016 (regulations under
section 161: general)—
in subsection (5), after “London” insert “, a mayor of a mayoral
combined authorities or a mayoral combined county authority”;
“(6)
In this section, “mayoral combined authority” and “mayoral
combined county authority” have the same meaning as in the Town and Country Planning Act 1990 (see section 336 of that Act).”
In section 91 (interpretation of chapter), in the definition of “relevant the mayor (if any) of a combined authority, the mayor (if any) of a combined county authority,”.
planning authority”, after paragraph (e) insert—
“(ea)
(eb)
The Planning Act 2008 is amended as follows.
In section 206 (the charge), before its amendment by section 139 of LURA
2023—
“(aa)
the mayor (if any) for the area of a combined
authority is the charging authority for that area (in addition to the local planning authorities),(ab)
the mayor (if any) for the area of a combined county
authority is the charging authority for that area (in addition to the local planning authorities),”;
“(3A)
(a)
the mayor satisfies such conditions or requirements
(if any) as may be specified in CIL regulations, or(b)
the authority in relation to whose area that person
is the mayor satisfies any such conditions or requirements.”;
in subsection (4), after “case” insert “of the area of a combined
authority, the area of a combined county authority or”;
“(7)
(8)
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.”
In section 213 (charging schedule: approval)—
in subsection (2), after “London” insert “or a relevant mayor”;
in subsection (3), after “London” insert “or a relevant mayor”;
“(3ZA)
If the charging authority is a relevant mayor, the mayor may
approve the charging schedule only if the relevant authority has by a resolution approved the charging schedule.(3ZB)
The following requirements must be met in relation to the
resolution mentioned in subsection (3ZA) —(a)
the resolution must be considered at a meeting of the
relevant authority that is convened only for that purpose,(b)
particulars of the resolution must be included in the
notice of the meeting,(c)
the resolution must be passed at the meeting by a
simple majority of the members of the relevant authority who vote on it,(d)
in the event of a tied vote on whether to approve the
charging schedule, the relevant mayor has a casting vote (in addition to any other vote the mayor may have).”;
““
relevant authority”, in relation to a relevant mayor, means the
combined authority or combined county authority in relation to whose area that person is the mayor;“
relevant mayor” means—(a)
the mayor for the area of a combined authority
established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, or(b)
the mayor for the area of a combined county
authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.”
In section 214 (charging schedule: effect)—
in subsection (5), after “London” insert “or a relevant mayor”;
in subsection (6), after “London” insert “or a relevant mayor”;
“(6A)
If the charging authority is a relevant mayor, the mayor may
make a determination under subsection (3) only if the relevant authority has by a resolution approved the proposed determination.(6B)
The following requirements must be met in relation to the
resolution mentioned in subsection (6A)—(a)
the resolution must be considered at a meeting of the
relevant authority that is convened only for that purpose,(b)
particulars of the resolution must be included in the
notice of the meeting,(c)
the resolution must be passed at the meeting by a
simple majority of the members of the relevant authority who vote on it,(d)
in the event of a tied vote on whether to approve the
proposed determination, the relevant mayor has a casting vote (in addition to any other vote the mayor may have).(6C)
In this section, “relevant authority” and “relevant mayor”
have the meaning given by section 213(5).”
The Housing and Regeneration Act 2008 is amended in accordance with
this Part of this Schedule.
In Chapter 2 of Part 1, before the italic cross-heading before section 5, A strategic authority outside London or mayor for the area of a improving the supply and quality of housing in the area of securing the regeneration or development of land or supporting in other ways the creation, regeneration or contributing to the achievement of sustainable development
with a view to meeting the needs of people living in that area.
In this section— “good design” and “needs” have the same meanings as in the reference to improving the supply of housing includes
insert—
“Exercise of functions by strategic authorities
4A
Purpose of exercise of functions
(1)
strategic authority outside London may only exercise the functions
conferred by this Chapter for the purposes of, or for purposes
incidental to the objectives of—
(a)
the strategic authority;
(b)
infrastructure in that area;
(c)
development of communities in that area or their continued
well-being;
(d)
and good design in that area,
(2)
(a)
section 2 (see section 2(2));
(b)
a reference to improving the supply of particular kinds of
housing.”
In the following provisions, after “HCA” insert “or a strategic authority
outside London”—
section 5(1) and (2) (powers to provide housing or other land);
section 6(1), (2) and (3) (powers for regeneration, development or
effective use of land);
section 7(1) and (2) (powers in relation to infrastructure);
section 8 (powers to deal with land etc).
In section 9—
in subsection (1), after “HCA” insert “or a strategic authority outside
London”;
in subsection (2), after “HCA” insert “or a strategic authority outside
London”;
“(5A)
Section 9A makes provision about the exercise of the function
conferred by subsection (2) on strategic authorities outside London.”;
in subsection (6), after “HCA” insert “or a strategic authority”.
“9A Compulsory acquisition of land by strategic authorities outside
London(1)
This section applies to the compulsory acquisition function of
strategic authorities.(2)
In the case of a mayoral combined authority or mayoral CCA, the
compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA.(3)
In the case of a mayoral combined authority, before exercising the
compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any National Park authority;
(c)
the Broads Authority.
(4)
In the case of a mayoral CCA, before exercising the compulsory
acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any district council within the area of the CCA that is not a
constituent council;(c)
any National Park authority;
(d)
the Broads Authority.
(5)
In the case of a non-mayoral combined authority, the exercise of
the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any National Park authority;
(c)
the Broads Authority;
and consent of a constituent council must be given at a meeting of the combined authority.
(6)
In the case of a non-mayoral CCA, the exercise of the compulsory
acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any district council within the area of the CCA that is not a
constituent council;(c)
any National Park authority;
(d)
the Broads Authority;
and consent of a constituent council must be given at a meeting of the CCA.
(7)
In the case of a county council that is a strategic authority, the
exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
any district council within the area of the county council;
(b)
any National Park authority;
(c)
the Broads Authority.
(8)
In the case of a district council that is a strategic authority, the
exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
any National Park authority;
(b)
the Broads Authority.
(9)
In this section “compulsory acquisition function” means the function
conferred by section 9(2).”
In section 10, in subsections (1), (3) and (4), after “HCA” insert “or a strategic
authority outside London”.
In section 11, omit “by the HCA”.
Section 19 is amended in accordance with this paragraph.
In subsections (1), (1A) and (4), after “HCA” insert “or a strategic authority
outside London”.
“(5A)
A strategic authority outside London may only exercise the functions
conferred by this section for the purposes of, or for purposes incidental to the objectives of—(a)
improving the supply and quality of housing in the area of
the strategic authority;(b)
securing the regeneration or development of land or
infrastructure in that area;(c)
supporting in other ways the creation, regeneration or
development of communities in that area or their continued well-being;(d)
contributing to the achievement of sustainable development
and good design in that area,with a view to meeting the needs of people living in that area.
(5B)
In subsection (5A) —
(a)
“good design” and “needs” have the same meanings as in
section 2 (see section 2(2));(b)
the reference to improving the supply of housing includes
a reference to improving the supply of particular kinds of housing.”
In section 57, in subsection (1)—
““
CCA” means a combined county authority established under
Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;“
combined authority” means a combined authority established
under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;“
constituent council” means—(a)
in relation to a combined authority—
(i)
a county council the whole or any part of
whose area is within the area of the authority, or(ii)
a district council whose area is within the area
of the authority;(b)
in relation to a CCA—
(i)
a county council for an area within the area
of the authority, or(ii)
a unitary district council for an area within
the area of the authority;and here “unitary district council” means the council for a district for which there is no county council;”;
““
mayoral CCA” has the same meaning as in the Levelling-up
and Regeneration Act 2023 (see section 57 of that Act);“
mayoral combined authority” has the same meaning as in the
Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);”;
““
non-mayoral CCA” has the same meaning as in the
Levelling-up and Regeneration Act 2023 (see section 57 of that Act);“
non-mayoral combined authority” has the same meaning as
in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);”;
““
strategic authority” means—(a)
a district council or county council that is designated
as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026,(b)
a combined authority,
(c)
a CCA, or
(d)
the Greater London Authority;
“
strategic authority outside London” means a strategic authority
other than the Greater London Authority.”
Schedule 2 is amended in accordance with this paragraph.
In paragraphs 1(2) and 2(2) (application of Acquisition of Land Act 1981),
after “HCA” insert “and a strategic authority outside London (whether the
power of compulsory acquisition is being exercised by the strategic authority
or a mayor for its area)”.
In paragraph 3 (extinguishment of private rights of way etc)—
in sub-paragraph (1), after “HCA” insert “, a strategic authority
outside London, or the mayor for the area of a strategic authority
outside London”;
in sub-paragraph (2)(c), after “HCA” insert “or in the strategic
authority outside London (whether the power of compulsory
acquisition is being exercised by the strategic authority or a mayor
for its area)”.
In paragraphs 4 and 5(a), after “HCA” insert “, strategic authority outside
London, or mayor”.
In paragraph 7, in sub-paragraph (1), after “HCA” insert “(where it
completes the compulsory acquisition) or the strategic authority outside
London (where it, or the mayor for its area, completes the compulsory
acquisition).”
In paragraph 17 (acquisition by agreement), in sub-paragraph (1), after
“HCA” insert “or a strategic authority outside London”.
Schedule 3 is amended in accordance with this paragraph.
In the heading, omit “by the HCA”.
In paragraph 3 (powers of Secretary of State to extinguish public rights of
way by order), after “HCA” insert “or a strategic authority outside London”.
In paragraph 7 (duty to give opportunity to appear), in sub-paragraph
(3)(a), after “HCA” insert “or strategic authority outside London”.
In paragraphs 12(2), 13(1), 14(1) and 15(a) (orders relating to electronic
communications apparatus: removal or abandonment of apparatus), after
“HCA” insert “or strategic authority outside London”.
In paragraph 19 (burial grounds)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority
outside London”;
in sub-paragraph (2), after “HCA” insert “ or strategic authority
outside London”.
In paragraph 20 (consecrated land other than burial grounds)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority
outside London”;
in sub-paragraph (2), after “HCA” insert “or strategic authority
outside London”.
In paragraph 21 (other land connected to religious worship), in
sub-paragraph (1), after “HCA” insert “or a strategic authority outside
London”.
Schedule 4 is amended in accordance with this paragraph.
In paragraph 1 (notice for extinguishment of rights of undertakers or for
removal of their apparatus)—
in sub-paragraph (1)(a) and (b), after “HCA” insert “or a strategic
authority outside London”;
in sub-paragraph (2), after “HCA” insert “or strategic authority
outside London”.
In paragraph 2 (counter-notices)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority
outside London”;
in sub-paragraph (2), after “HCA” insert “or strategic authority
outside London”.
In paragraph 3 (effect of unopposed notice), in sub-paragraph (3), after
“HCA” insert “or strategic authority outside London”.
In paragraph 4 (opposed notices and Ministerial orders), in sub-paragraph
(2), after “HCA” insert “or strategic authority outside London”.
In paragraph 5 (opposed notices and Ministerial orders), in sub-paragraph
(2)(b)(ii), after “HCA” insert “or strategic authority outside London”.
In paragraph 6 (opposed notices and Ministerial orders), in sub-paragraph
(3), after “HCA” insert “or strategic authority outside London”.
In paragraph 7 (compensation), in sub-paragraph (1)—
in the words before paragraph (a), after “HCA” insert “or strategic
authority outside London”;
in the words after paragraph (b), after “by virtue of” insert “a notice
served by that agency or authority under”.
In paragraph 9 (notices by undertakers to carry out works)—
in sub-paragraph (1)(a), after “HCA” insert “or a strategic authority
outside London”;
in sub-paragraph (2), after “HCA” insert “or strategic authority
outside London”.
In paragraph 10 (counter-notices)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority
outside London”;
in sub-paragraphs (2) and (3), after “HCA” insert “or strategic
authority outside London”;
in sub-paragraph (4), for “HCA’s objection” substitute “objection
by the HCA or strategic authority outside London”.
In paragraph 13 (power to arrange for works to be done by the HCA)—
in the heading, omit “by the HCA”;
in sub-paragraph (2), for “arrange with the HCA for the works to
be carried out by the HCA” substitute “arrange with the HCA or
strategic authority outside London for the works to be carried out
that agency or authority”.
In paragraph 14 (compensation), in sub-paragraph (1)—
after “HCA” insert “or strategic authority outside London”;
after “by virtue of” insert “a notice served on that agency or
authority under”.
In paragraph 16 (ministerial order following representations by statutory
undertakers)—
in sub-paragraph (4)(a), after “HCA” insert “or a strategic authority
outside London”;
in sub-paragraph (5), after “HCA” insert “or a strategic authority
outside London”.
In paragraph 17 (ministerial order following representations by the HCA)—
in the heading, after “HCA” insert “or a strategic authority outside
London”;
in sub-paragraph (2), after “HCA” insert “or a strategic authority
outside London”.
In paragraph 18 (examples of contents of orders), in sub-paragraph (2)(a),
after “HCA” insert “or a strategic authority outside London”.
In paragraph 20 (notification of proposal to make order)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority
outside London”;
in sub-paragraph (3), after “HCA” insert “or strategic authority
outside London”.
In paragraph 23 (duty to give opportunity to appear), in sub-paragraph
(2)(a), after “HCA” insert “or strategic authority outside London”.
In paragraph 28 (orders to relieve obligations), in sub-paragraph (4)(a),
after “HCA” insert “or a strategic authority outside London”.
The Town and Country Planning Act 1990 is amended in accordance with
this Part of this Schedule.
Section 226 is amended in accordance with this paragraph.
In subsections (1) and (1A), after “local authority” insert “or strategic
authority”.
“(1C)
Section 226A makes provision about the exercise of the function
conferred by subsection (1) on combined authorities and CCAs.”.
In subsections (3) and (4) (in both places), after “local authority” insert
“or strategic authority”.
In subsection (5)—
after the first “local authority” insert “or strategic authority”;
after “Act” insert “or strategic authority to whom this section
applies”.
In subsection (6)—
in paragraph (bb), omit “and”;
“(d)
if the land is in the area of a strategic authority to
whom this section applies, consult with that strategic authority (in addition to any other consultation required by this subsection).”
“(8A)
In this section “strategic authority to whom this section applies”
means a combined authority or CCA.”
“226A Compulsory acquisition of land by combined authorities and CCAs
(1)
In the case of a mayoral combined authority, before exercising the
compulsory acquisition function the combined authority must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any National Park authority;
(c)
the Broads Authority.
(2)
In the case of a mayoral CCA, before exercising the compulsory
acquisition function the CCA must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any district council within the area of the CCA that is not a
constituent council;(c)
any National Park authority;
(d)
the Broads Authority.
(3)
In the case of a non-mayoral combined authority, the exercise of
the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any National Park authority;
(c)
the Broads Authority;
and consent of a constituent council must be given at a meeting of the combined authority.
(4)
In the case of a non-mayoral CCA, the exercise of the compulsory
acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any district council within the area of the CCA that is not a
constituent council;(c)
any National Park authority;
(d)
the Broads Authority;
and consent of a constituent council must be given at a meeting of the CCA.
(5)
In this section “compulsory acquisition function” means the function
conferred by section 226(1).”
In section 227—
after “London borough” insert “or any combined authority or CCA”;
after “local authority” insert “ or combined authority or CCA”.
Section 229 is amended in accordance with this paragraph.
In subsection (1), after “local authority” insert “or non-mayoral combined
authority or non-mayoral CCA”.
In subsection (5), in the words before paragraph (a), after “local authority”
insert “or non-mayoral combined authority or non-mayoral CCA”.
“(1A)
Without prejudice to the generality of the powers conferred by
sections 226 and 227, any power of a combined authority or CCA to acquire land under those sections, whether compulsorily or by agreement, shall include power to acquire land required for giving in exchange for land appropriated under section 229.”
Section 231 is amended in accordance with this paragraph.
In subsection (1)—
after “borough” insert “, or a combined authority or CCA,”;
after the second “council” insert “or combined authority or CCA”.
In subsection (2), after “local authority” insert “or a non-mayoral combined
authority or non-mayoral CCA”.
In section 232, in subsections (1), (2) and (4), after “local authority” insert
“or a non-mayoral combined authority or non-mayoral CCA”.
Section 233 is amended in accordance with this paragraph.
In the heading, after “local” insert “or strategic”.
In subsections (1) and (2), after “local authority” insert “or a non-mayoral
combined authority or non-mayoral CCA”.
In subsection (3A)—
in paragraph (b), omit “and”;
“(ba)
in relation to combined authorities or CCAs generally,
or combined authorities or CCAs of a particular class, or to any particular combined authority or authorities or CCA or CCAs, and”.
In subsections (4) and (5), after “local authority” insert “or a non-mayoral
combined authority or non-mayoral CCA”.
In subsection (9), after “England” insert “or by a non-mayoral combined
authority or non-mayoral CCA”.
Section 235 is amended in accordance with this paragraph.
In subsection (1)—
in the words before paragraph (a), after “local authority” insert “or
a non-mayoral combined authority or non-mayoral CCA”;
in paragraph (a), for “that local authority” substitute “that authority”.
In subsections (2)(a) and (3), after “local authority” insert “or a non-mayoral
combined authority or non-mayoral CCA”.
In subsection (4)—
after “A local authority” insert “or a non-mayoral combined authority
or non-mayoral CCA”;
for “the local authority” substitute “the authority”.
In subsection (5)(a), after “local authority” insert “or a non-mayoral
combined authority or non-mayoral CCA”.
In section 240 (provisions supplemental to sections 238 and 239 (which In sections 238 and 239 “relevant acquisition or appropriation” also
provide for the use and development of consecrated land and burial
grounds)), after subsection (3) insert—
“(4)
includes an acquisition made by a combined authority or CCA
under this Part or compulsorily under any other enactment, or an
appropriation by a combined authority or CCA for planning
purposes.”
In section 241, in subsection (1)—
after the first “local authority” insert “, a combined authority or
CCA”;
after the second “local authority” insert “or a combined authority
or CCA”.
In section 242, in paragraph (a), after “authority” insert “or a non-mayoral
combined authority or non-mayoral CCA”.
In section 243, in subsection (1)—
for “local authorities concerned” substitute “authorities concerned”;
for “local authority for planning purposes” substitute “local
authority, or non-mayoral combined authority or non-mayoral CCA,
for planning purposes;
for “any other local authority” substitute “any other local authority,
non-mayoral combined authority or non-mayoral CCA”.
In section 246, in subsection (2), after “local authority” insert “, a combined
authority or CCA”.
Section 271 is amended in accordance with this paragraph.
In the following provisions, for “local authority” substitute “relevant
authority”—
subsection (1) (in both places);
subsection (5) (in the words before paragraph (a)).
“(9)
In this section “relevant authority” means—
(a)
a local authority, or
(b)
a non-mayoral combined authority or non-mayoral CCA.”
Section 272 is amended in accordance with this paragraph.
In the following provisions, for “local authority” substitute “relevant
authority”—
subsection (1) (in both places);
subsection (5) (in the words before paragraph (a)).
“(9)
In this section “relevant authority” means—
(a)
a local authority, or
(b)
a non-mayoral combined authority or non-mayoral CCA.”
In section 274, in subsection (3), for “local authority” substitute “relevant
authority”.
Section 275 is amended in accordance with this paragraph.
In the following provisions, for “local authority” substitute “relevant
authority”—
subsection (1)(a);
subsection (3) (in all three places);
subsection (5)(c).
“(6)
In this section “relevant authority” means—
(a)
a local authority, or
(b)
a non-mayoral combined authority or non-mayoral CCA.”
In section 276, in subsection (1), in the words before paragraph (a), for
“local authority” substitute “relevant authority”.
In section 278, in subsection (7), for “local authority” substitute “relevant
authority”.
Section 306 is amended in accordance with this paragraph.
In the following provisions, for “local authority” substitute “relevant
authority”—
the heading;
subsection (1) (in the words before paragraph (a) and in paragraph
(c));
subsection (2) (in the words before paragraph (a));
subsection (3) (in both places);
subsection (4).
“(7)
In this section “relevant authority” means—
(a)
a local authority, or
(b)
a non-mayoral combined authority or non-mayoral CCA.”
In section 336, in subsection (1)—
““
CCA” means a combined county authority established under
Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;”;
““
combined authority” means a combined authority established
under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;”;
““
constituent council” means—(a)
in relation to a combined authority—
(i)
a county council the whole or any part of
whose area is within the area of the authority, or(ii)
a district council whose area is within the area
of the authority;(b)
in relation to a CCA—
(i)
a county council for an area within the area
of the authority, or(ii)
a unitary district council for an area within
the area of the authority;and here “unitary district council” means the council for a district for which there is no county council;”;
““
mayoral CCA” has the same meaning as in the Levelling-up
and Regeneration Act 2023 (see section 57 of that Act);“
mayoral combined authority” has the same meaning as in the
Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);”;
““
non-mayoral CCA” has the same meaning as in the
Levelling-up and Regeneration Act 2023 (see section 57 of that Act);“
non-mayoral combined authority” has the same meaning as
in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);”.
“333ZAA Acquisition of land by agreement
The Authority may acquire land in Greater London by agreement for the purposes of housing or regeneration.”
The Housing Act 1985 is amended in accordance with this Schedule.
Section 8 is amended in accordance with this paragraph.
“(1A)
Every—
(a)
combined authority,
(b)
CCA, and
(c)
two-tier county council that is a strategic authority,
must consider housing conditions in its area and the needs of its area with respect to the provision of further housing accommodation.
(1B)
But if a local housing authority has complied with the duty imposed
by subsection (1) in relation to a part of the area of a combined authority, CCA or two-tier county council, that strategic authority—(a)
does not need to comply with the duty imposed by
subsection (1A) in relation to that part of its area; and(b)
may rely on the local housing authority’s consideration of
the matters referred to in subsection (1) as if it were the strategic authority’s own consideration of those matters.”
In subsection (2) for “that purpose the authority” substitute “the purpose
of subsection (1) or
(1A)
, a local housing authority or combined authority,
CCA or county council”.
In subsection (3)—
after “England,” insert “or a combined authority, CCA or county
council,”;
after “district” insert “, or area,”.
Section 9 is amended in accordance with this paragraph.
In subsection (1), in the words before paragraph (a), after “local housing
authority” insert “, combined authority or CCA, or two-tier county council
that is a strategic authority”.
In subsection (4), for “A local housing authority” substitute “An authority”.
In subsection (5), for “a local housing authority” substitute “an authority”.
Section 11 is amended in accordance with this paragraph.
“(1)
A local housing authority, combined authority or CCA, or two-tier
county council that is a strategic authority may provide in connection with the provision of housing accommodation under this Part (whether it is provided by that authority or another authority)—”
In subsection (4), for “A local housing authority” substitute “An authority”.
Section 12 is amended in accordance with this paragraph.
“(1)
A local housing authority, combined authority or CCA, or two-tier
county council that is a strategic authority may, with the consent of the Secretary of State, provide and maintain in connection with housing accommodation provided under this Part (whether it is provided by that authority or another authority)—”.
In subsection (3), for “the local housing authority” substitute “the authority”.
Section 17 is amended in accordance with this paragraph.
In subsection (1), after “local housing authority” insert “, a combined
authority or CCA, or a two-tier county council that is a strategic authority”.
In subsection (3), after “local housing authority” insert “, combined authority
or CCA, or two-tier county council that is a strategic authority”.
In subsection (4)—
after “local housing authority” insert “, combined authority or CCA,
or two-tier county council that is a strategic authority”;
for “an authority” substitute “a local housing authority, combined
authority or CCA, or two-tier county council that is a strategic
authority”.
“(5)
Section 17A makes provision about the exercise of the function of
acquiring land compulsorily under an authorisation under section 17(3) conferred on a combined authority or CCA or two-tier county council that is a strategic authority.”
“17A Compulsory acquisition of land by strategic authorities
(1)
This section applies to the exercise of the compulsory acquisition
function of combined authorities, CCAs and two-tier county councils that are strategic authorities.(2)
In the case of a mayoral combined authority or mayoral CCA, the
compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA.(3)
In the case of a mayoral combined authority, before exercising the
compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any National Park authority;
(c)
the Broads Authority.
(4)
In the case of a mayoral CCA, before exercising the compulsory
acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any district council with the area of the CCA that is not a
constituent council;(c)
any National Park authority;
(d)
the Broads Authority.
(5)
In the case of a non-mayoral combined authority, the exercise of
the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any National Park authority;
(c)
the Broads Authority;
and consent of a constituent council must be given at a meeting of the combined authority.
(6)
In the case of a non-mayoral CCA, the exercise of the compulsory
acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
the constituent councils;
(b)
any district council within the area of the CCA that is not a
constituent council;(c)
any National Park authority;
(d)
the Broads Authority;
and consent of a constituent council must be given at a meeting of the CCA.
(7)
In the case of a two-tier county council that is a strategic authority,
the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition—(a)
any district council within the area of the county council;
(b)
any National Park authority;
(c)
the Broads Authority.
(8)
In this section “compulsory acquisition function” means the function
of acquiring land compulsorily under an authorisation under section 17(3).”
Section 18 is amended in accordance with this paragraph.
In subsection (1), after “local housing authority” insert “, a combined
authority or CCA, or a two-tier county council that is a strategic authority”.
In subsection (2), after “local housing authority” insert “, a combined
authority or CCA, or a two-tier county council that is a strategic authority”.
In section 56 (minor definitions), in subsection (1)—
““
CCA” means a combined county authority established under
Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;“
combined authority” means a combined authority established
under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;“
constituent council” means—(a)
in relation to a combined authority—
(i)
a county council the whole or any part of
whose area is within the area of the authority, or(ii)
a district council whose area is within the area
of the authority;(b)
in relation to a CCA—
(i)
a county council for an area within the area
of the authority, or(ii)
a unitary district council for an area within
the area of the authority;and here “unitary district council” means the council for a district for which there is no county council;”;
““
mayoral CCA” has the same meaning as in the Levelling-up
and Regeneration Act 2023 (see section 57 of that Act);“
mayoral combined authority” has the same meaning as in the
Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);”;
““
non-mayoral CCA” has the same meaning as in the
Levelling-up and Regeneration Act 2023 (see section 57 of that Act);“
non-mayoral combined authority” has the same meaning as
in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);”;
““
two-tier county council that is a strategic authority” means a
county council whose area includes the areas of district councils that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026.”.
In section 57 (index of defined expressions)—
“CCA
section 56
combined authority
section 56”;
“constituent council
section 56”;
“mayoral CCA
section 56
mayoral combined authority
section 56”;
“non-mayoral CCA
section 56
non-mayoral combined authority
section 56”;
““
two-tier county council that is a strategic authority”section 56”.
The Localism Act 2011 is amended in accordance with this Part of this
Schedule.
In the heading of Part 8, after “London” insert “and areas of other mayoral
strategic authorities”.
In section 196—
““
CCA” means a combined county authority established under
Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;“
combined authority” means a combined authority established
under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;“
constituent council” means—(a)
in relation to a combined authority—
(i)
a county council the whole or any part of
whose area is within the area of the authority, or(ii)
a district council whose area is within the area
of the authority;(b)
in relation to a CCA—
(i)
a county council for an area within the area
of the authority, or(ii)
a unitary district council for an area within
the area of the authority;and here “unitary district council” means the council for a district for which there is no county council;”;
““
the Mayor” means—(a)
the Mayor of London,
(b)
the mayor for the area of a combined authority, or
(c)
the mayor for the area of a CCA;”;
““
strategic authority area” means—(a)
in relation to the Mayor of London or a mayoral
development area designated by that Mayor, Greater London;(b)
in relation to the mayor for the area of a combined
authority or a mayoral development area designated by the mayor for such an area, the area of the combined authority, or(c)
in relation to the mayor for the area of a CCA or a
mayoral development area designated by the mayor for such an area, the area of the CCA;”.
Section 197 is amended in accordance with this paragraph.
In subsection (1), for “Greater London” substitute “a strategic authority
area”.
In subsection (3), in the words before paragraph (a), for “the Mayor”
substitute “the Mayor of London”.
“(5A)
The mayor for the area of a combined authority or CCA may
designate a Mayoral development area only if—(a)
the Mayor considers that designation of the area is expedient
for furthering economic development and regeneration in the strategic authority area,(b)
(c)
the Mayor has had regard to any comments made in
response by the consultees,(d)
in the event that those comments include comments made
by a constituent council or a district council consulted under subsection (5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance,(e)
the Mayor has laid before the combined authority or CCA,
in accordance with its standing orders, a document stating that the Mayor is proposing to designate the area, and(f)
the combined authority or CCA approves the proposal.
(5B)
The persons who have to be consulted before an area may be
designated are—(a)
the constituent councils,
(b)
each Member of Parliament whose parliamentary
constituency contains any part of the area, and(c)
any other person whom the Mayor considers it appropriate
to consult.(5C)
In the case of a combined county authority, any district council
whose local authority area contains any part of the area also has to be consulted before the area may be designated.(5D)
Section 199 is amended in accordance with this paragraph.
In subsection (2), for “the Mayor” substitute “the Mayor of London”.
“(2A)
Before making an alteration, the mayor for the area of a combined
authority or CCA must consult—(a)
the constituent councils, and
(b)
any other person whom the Mayor considers it appropriate
to consult.”
Section 200 is amended in accordance with this paragraph.
In subsection (1), for “a person within subsection (3)” substitute “an eligible
transferor”.
“(1A)
In the case of an MDC for an area in Greater London, “eligible
transferor” means—(a)
a London borough council,
(b)
the Common Council of the City of London in its capacity
as a local authority,(c)
any company whose members—
(i)
include the Mayor of London and a Minister of the
Crown, and(ii)
do not include anyone who is neither the Mayor or
London nor a Minister of the Crown, or(d)
a person within subsection (3).
(1B)
In the case of an MDC for an area in the area of a combined
authority, “eligible transferor” means a person within subsection (3).(1C)
In the case of an MDC for an area in the area of a CCA, “eligible
transferor” means—(a)
any district council whose local authority area is within the
area of the CCA, or(b)
a person within subsection (3).”.
In subsection (3)—
omit paragraphs (a) and (b);
in paragraphs (d) and (e), for “Greater London” substitute “the
strategic authority area”;
omit paragraph (k).
In subsection (4), for “liabilities of—” substitute “liabilities of an eligible In the case of an MDC for an area in Greater London, “eligible
transferee.
(4A)
transferee” means—”.
“(4A)
In the case of an MDC for an area in the area of a combined
authority or CCA, “eligible transferee” means—(a)
the combined authority or CCA, or
(b)
a company that is a subsidiary of the combined authority
or CCA.”
Section 202 is amended in accordance with this paragraph.
In subsection (7), for “the Mayor” substitute “the Mayor of London”.
“(7A)
The mayor for the area of a combined authority or CCA may make
a decision under any of subsections (2) to (6) only if—(a)
(b)
the Mayor has had regard to any comments made in
response by the consultees, and(c)
in the event that those comments include comments made
by the constituent council or a district council specified by section 197 (5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance.”
In section 203, in subsections (1) and (4), after “City of London” insert “,
or a county council or district council”.
Section 207 is amended in accordance with this paragraph.
In subsection (2), for “Greater London” substitute “the strategic authority
area”.
“(3)
Before submitting a compulsory purchase order authorising an
acquisition under subsection (2) to the Secretary of State for confirmation—(a)
an MDC for an area in Greater London must obtain the
consent of the Mayor of London;(b)
an MDC for an area in the area of a combined authority or
CCA must obtain the consent of the mayor for that area.”
Section 214 is amended in accordance with this paragraph.
In subsection (4), for “the Mayor” substitute “the Mayor of London”.
“(4A)
The mayor for the area of a combined authority or CCA may make
a decision under any of subsection (2) or (3) only if—(a)
(b)
the Mayor has had regard to any comments made in
response by the consultees, and(c)
in the event that those comments include comments made
by the constituent council or a district council specified by section 197 (5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance.”
Section 216 is amended in accordance with this paragraph.
“(2)
A transfer scheme may provide for a transfer to a person only if
the person consents; but this does not apply to a transfer to any of the following—(a)
the Greater London Authority;
(b)
a functional body other than the MDC concerned;
(c)
a company that is a subsidiary of the Greater London
Authority;(d)
a combined authority;
(e)
a company that is a subsidiary of a combined authority;
(f)
a CCA;
(g)
a company that is a subsidiary of a CCA.”
In subsection (4), in the definition of “permitted recipient”—
after ““permitted recipient”” insert “, in relation to an MDC for an
area in Greater London,”;
“in relation to an MDC for an area in the area of a combined authority, means—
(a)
the combined authority,
(b)
a company that is a subsidiary of the combined
authority, or(c)
any other person;
in relation to an MDC for an area in the area of a CCA, means—
(a)
the CCA,
(b)
a company that is a subsidiary of the CCA,
(c)
any district council whose local authority area is
within the area of the CCA or(d)
any other person;”.
“MDCs outside London
217A Political activities of officers and staff etc
(1)
Section 1 of the LGHA 1989 (disqualification and political restriction
of certain officers and staff), and sections 2 and 3A of that Act so far as they have effect for the purposes of section 1, apply in relation to an MDC outside London as if it were a local authority.(2)
Section 5 of the LGHA 1989 (designation and reports of monitoring
officer) applies in relation to a combined authority or CCA as if an MDC for an area in the area of the combined authority or CCA were a committee of the combined authority or CCA.(3)
In this section—
“
LGHA 1989” means the Local Government and Housing Act
1989;“
MDC outside London” means an MDC for an area in the area
of a combined authority or CCA.”
Paragraph 1 (membership) is amended in accordance with this paragraph.
In sub-paragraph (1)—
for “A Mayoral development corporation (“MDC”)” substitute “An
MDC for an area in Greater London”;
omit “(“the Mayor”)”.
In sub-paragraph (2), for “The Mayor” substitute “The Mayor of London”.
“(3A)
An MDC for an area in the area of a combined authority or CCA
is to consist of such number of members (being not less than six) as the mayor for the area of the combined authority or CCA may from time to time appoint.(3B)
The mayor for the area of a combined authority or CCA must,
subject to sub-paragraph (5), exercise the mayor's power under sub-paragraph (3A) so as to secure that the members of an MDC include at least one elected member of each relevant council.(3C)
For the purposes of this Schedule a council is “relevant” in relation
to an MDC if—(a)
any part of the MDC's area is within the council's area,
and(b)
the council is—
(i)
the council for a county in which there are no
district councils, or(ii)
a district council.”
In paragraph 2 (terms of appointment of members), in sub-paragraph (5)(d),
after “relevant London council” insert “or relevant council”.
In paragraph 4 (remuneration etc: members and staff), in sub-paragraph
(4), after “London Assembly” insert “, or the combined authority or CCA,”.
In paragraph 9 (proceedings), in paragraph (c), after “each relevant London
council” insert “or each relevant council”.
In paragraph 10 (annual report), in sub-paragraph (1)(c), after “and” insert
“, in the case of an MDC for an area in London,”.
In Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further
and supplementary provisions), in paragraph 9(8)(a), after “Mayoral
development corporation” insert “for an area in Greater London”.
The GLAA 1999 is amended in accordance with this paragraph.
In section 31 (limits of the general power), in subsection (1A), after “Mayoral
development corporation” insert “for an area in Greater London”.
In section 38 (delegation), in subsection (2)(da), after “Mayoral development
corporation” insert “for an area in Greater London”.
In section 60A (confirmation hearings etc for certain appointments by the
Mayor), in subsection (3), after “Mayoral development corporation” insert
“for an area in Greater London”.
In section 68 (disqualification and political restriction), in subsection (6)(aa),
after “Mayoral development corporation” insert “for an area in Greater
London”.
In section 403B (acquisition of land by MDC and TfL for shared purposes), In this section “Mayoral development corporation” means a Mayoral
after subsection (9) insert—
“(10)
development corporation for an area in Greater London.”
In section 424 (interpretation), in subsection (1), in the definition of
“functional body”, in paragraph (aa), after “Mayoral development
corporation” insert “for an area in Greater London”.
“32B Application to Mayoral development corporations outside London
(1)
For the purposes of section 31, expenditure of a Mayoral
development corporation for an area in the area of a combined authority or CCA shall be treated as expenditure of the combined authority or CCA.(2)
The conditions on which grant under section 31 may be paid include,
in the case of a grant to a combined authority or CCA, a condition requiring the combined authority or CCA to transfer the grant to the Mayoral development corporation.(3)
A decision to pay a grant under section 31 subject to such a
condition as is mentioned in subsection (2) above shall be notified to the Mayoral development corporation as well as to the combined authority or CCA.(4)
Where a grant paid under section 31 to a combined authority or
CCA is paid subject to such a condition as is mentioned in subsection (2) above, the combined authority or CCA must transfer the grant to the Mayoral development corporation forthwith.(5)
Where a grant paid under section 31 to a combined authority or
CCA is not paid subject to such a condition as is mentioned in subsection (2) above, the Mayor may transfer the grant to a Mayoral development corporation.(6)
Where grant under section 31 is transferred under this section to a
Mayoral development corporation, any conditions to which the grant is subject shall apply to the transferee instead of the transferor.(7)
In this section—
“
CCA” means a combined county authority established under
Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;“
combined authority” means a combined authority established
under Part 6 of the Local Democracy, Economic Development and Construction Act 2009.”
In section 24 of the Planning and Compulsory Purchase Act 2004 (conformity
with regional strategy), in subsection (1)(b) and subsection (4), after
“Mayoral development corporation” insert “for an area in Greater London”.
In Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further
and supplementary provisions), in paragraph 8(8)(a), after “Mayoral
development corporation” insert “for an area in Greater London”.
Part 4 of LDEDCA 2009 (local authority economic assessments) is amended
in accordance with this Schedule.
In the heading of Part 4, after “local authority” insert “and strategic
authority”.
Section 69 (local authority economic assessments) is amended as follows.
In the heading, after “local authority” insert “and strategic authority”.
In subsections (1) and (2), for “principal local authority” substitute “relevant
authority”.
In subsection (3)—
in the words before paragraph (a), for “principal local authority”
substitute “relevant authority”;
“(f)
a combined authority;
(g)
a combined county authority.”.
In subsections (4) and (5), for “principal local authority” substitute “relevant
authority”.
“(5A)
Where a relevant authority is a combined authority or combined
county authority, the following duties also apply in relation to the discharge by the authority of its functions under this section—(a)
the combined authority or combined county authority must
consult and seek the participation of the constituent councils and any other local district council;(b)
the combined authority or combined county authority must
have regard to any material produced by a constituent council or any other local district council in the discharge of the council's functions under section 13 of the Planning and Compulsory Purchase Act 2004;(c)
the constituent councils and any other local district council
must co-operate with the combined authority or combined county authority.”
In subsection (6), for “principal local authority” substitute “relevant
authority”.
In subsection (7)(a), after “local government” insert “(including combined
authorities and combined county authorities)”.
“(7A)
Where a relevant authority is a constituent council of a combined
authority or combined county authority, any requirement in any legislation for the relevant authority to exercise a function under this section may be fulfilled by the exercise of that function by the combined authority or combined county authority.”
“(8)
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—(a)
in relation to a combined authority—
(i)
a county council the whole or any part of
whose area is within the area of the authority, or(ii)
a district council whose area is within the area
of the authority;(b)
in relation to a combined county authority—
(i)
a county council for an area within the area
of the authority, or(ii)
a unitary district council for an area within
the area of the authority;“
other local district council” means a district council—(a)
whose area is within the area of a combined authority
or combined county authority, but(b)
which is not a constituent council;
“
unitary district council” means a district council whose area
is not part of the area of a county council.”
“Mayoral combined authorities: local growth plans
107L Local growth plans
(1)
A mayoral combined authority must prepare and publish a local
growth plan for its area.(2)
A local growth plan must—
(a)
include an overview of the economic conditions of the area
(including the main economic characteristics which are likely to influence current and future economic growth),(b)
identify priorities for the economic growth of the area that
are agreed with the Secretary of State (“shared local growth priorities”), and(c)
identify key projects for achieving economic growth in the
area through private or public investment.(3)
A mayoral combined authority may revise or replace a local growth
plan published under this section.(4)
The authority must arrange for any local growth plan that is revised
or replaced to be published.(5)
The requirement under subsection (1) may be met by the publication
of a local growth plan before this section comes into force.107M Secretary of State guidance on local growth plans
(1)
The Secretary of State may issue guidance to mayoral combined
authorities in relation to local growth plans under section 107L .(2)
A mayoral combined authority must have regard to any such
guidance in exercising their functions.(3)
The guidance may include (but is not limited to) guidance about—
(a)
who the authority might consult when preparing or revising
the plan;(b)
information to be included in the plan under section 107L (2) or the plan as revised;
(c)
the process for agreeing priorities for the economic growth
of the area with the Secretary of State for the purposes of section 107L (2) (b) ;(d)
the circumstances in which the authority may revise or
replace the plan;(e)
the ways in which the authority may have regard to the plan
when exercising its other functions.”
After section 107M of LDEDCA 2009 (as inserted by
sub-paragraph (1)
) insert— A relevant public authority must have regard to a shared local exercising, at the request of the mayoral combined authority, preparing a bid for public funding for an activity the preparing a statutory plan or strategy which relates to that Where a relevant public authority carries out activities in England A “relevant public authority” means a public authority specified in In this section—
“
“
“ the Welsh Ministers; a devolved Welsh authority within the meaning of
“
“ References in this section to an enactment or to provision made
“107N
Public authorities: duty to have regard to shared local growth
priorities
(1)
growth priority of a mayoral combined authority when—
(a)
a function which could reasonably be expected to have an
effect on that priority;
(b)
objectives of which align with that priority;
(c)
priority.
(2)
and anywhere else in the United Kingdom, the duty under
subsection (1) only applies in relation to activities that the authority
carries out in England.
(3)
regulations made by the Secretary of State.
(4)
enactment” includes an enactment comprised in subordinate
legislation within the meaning of the Interpretation Act 1978;
Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975;
public authority” means any public authority other than—
(a)
(b)
section 157A of the Government of Wales Act 2006;
public funding” means funding from a Minister of the Crown
or government department;
statutory plan or strategy” means a plan or strategy that a
public authority is required by an enactment to issue or
publish.
(5)
under an enactment are to an enactment whenever passed or (as
the case may be) to provision whenever the instrument containing
it is made.”
“Mayoral CCAs: local growth plans
32A Local growth plans
(1)
A mayoral CCA must prepare and publish a local growth plan for
its area.(2)
A local growth plan must—
(a)
include an overview of the economic conditions of the area
(including the main economic characteristics which are likely to influence current and future economic growth),(b)
identify priorities for the economic growth of the area that
are agreed with the Secretary of State (“shared local growth priorities”), and(c)
identify key projects for achieving economic growth in the
area through private or public investment.(3)
A mayoral CCA may revise or replace a local growth plan published
under this section.(4)
The CCA must arrange for any local growth plan that is revised or
replaced to be published.(5)
The requirement under subsection (1) may be met by the publication
of a local growth plan before this section comes into force.32B Secretary of State guidance on local growth plans
(1)
The Secretary of State may issue guidance to mayoral CCAs in
relation to local growth plans under section 32A .(2)
A mayoral CCA must have regard to any such guidance in
exercising their functions.(3)
The guidance may include (but is not limited to) guidance about—
(a)
who the CCA might consult when preparing or revising the
plan;(b)
information to be included in the plan under section 32A (2) or the plan as revised;
(c)
the process for agreeing priorities for the economic growth
of the area with the Secretary of State for the purposes of section 32A (2) (b) ;(d)
the circumstances in which the CCA may revise or replace
the plan;(e)
the ways in which the CCA may have regard to the plan
when exercising its other functions.”
“32C Public authorities: duty to have regard to shared local growth
priorities(1)
A relevant public authority must have regard to a shared local
growth priority of a mayoral CCA when—(a)
exercising, at the request of the CCA, a function which could
reasonably be expected to have an effect on that priority;(b)
preparing a bid for public funding for an activity the
objectives of which align with that priority;(c)
preparing a statutory plan or strategy which relates to the
priority.(2)
Where a relevant public authority carries out activities in England
and anywhere else in the United Kingdom, the duty under subsection (1) only applies in relation to activities that the authority carries out in England.(3)
A “relevant public authority” means a public authority specified in
regulations made by the Secretary of State.(4)
In this section—
“
enactment” includes an enactment comprised in subordinate
legislation within the meaning of the Interpretation Act 1978;“
Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975;“
public authority” means any public authority other than—(a)
the Welsh Ministers;
(b)
a devolved Welsh authority within the meaning of
section 157A of the Government of Wales Act 2006;“
public funding” means funding from a Minister of the Crown
or government department;“
statutory plan or strategy” means a plan or strategy that a
public authority is required by an enactment to issue or publish.(5)
References in this section to an enactment or to provision made
under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.”
In section 252 of LURA 2023 (regulations)—
in subsection (5)(a), after “subsection” insert “(8)(ab) or”;
“(ab)
under section 32C(2);”.
“333G Public authorities: duty to have regard to shared local growth
priorities for London(1)
A relevant public authority must have regard to a shared local
growth priority for Greater London when—(a)
exercising, at the request of the Mayor, a function which
could reasonably be expected to have an effect on that priority;(b)
preparing a bid for public funding for an activity the
objectives of which align with that priority;(c)
preparing a statutory plan or strategy which relates to the
priority.(2)
Where a relevant public authority carries out activities in England
and anywhere else in the United Kingdom, the duty under subsection (1) only applies in relation to activities that the authority carries out in England.(3)
A “shared local growth priority for Greater London” is a priority
for the economic growth of Greater London that is—(a)
agreed between the Mayor and the Secretary of State, and
(b)
published by the Mayor.
(4)
A “relevant public authority” means a public authority specified in
regulations made by the Secretary of State.(5)
In this section—
“
enactment” includes an enactment comprised in subordinate
legislation within the meaning of the Interpretation Act 1978;“
Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975;“
public authority” means any public authority other than—(a)
the Welsh Ministers;
(b)
a devolved Welsh authority within the meaning of
section 157A of the Government of Wales Act 2006;“
public funding” means funding from a Minister of the Crown
or government department;“
statutory plan or strategy” means a plan or strategy that a
public authority is required by an enactment to issue or publish.(6)
References in this section to an enactment or to provision made
under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.”
In section 420 of the GLAA 1999 (regulations and orders), in subsection
(7), in the appropriate place, insert “section 333G;”.
“(5)
In this section “local authority” includes the Greater London
Authority.”
In section 142 of LGA 1972, in subsection (2), in the words before paragraph
(a), after “local authority” insert “or a combined authority or combined
county authority”.
In section 222 of LGA 1972, in subsection (1), in the words before paragraph
(a), after “local authority” insert “or a combined authority or combined
county authority”.
Section 88 of LGA 1985 is amended in accordance with this paragraph.
“(13B)
Whether or not a scheme is made under this section, a combined
authority or CCA have power to exercise any of the functions described in subsection (1)(a) and (b).(13C)
In the application of subsection (13B) in relation to a combined
authority or CCA, paragraphs (a) and (b) of subsection (1) have effect with the substitution of “the area of the combined authority or CCA” for “that area”.”
In subsection (14), after “subsection (13) above” insert “, or a combined
authority or CCA,”.
In section 105 of LGA 1985 (interpretation), in subsection (1), at the
““
“
appropriate place insert—
CCA” means a combined county authority established under Chapter
1 of Part 2 of the Levelling-up and Regeneration Act 2023;
combined authority” means a combined authority established under
Part 6 of the Local Democracy, Economic Development and
Construction Act 2009;”.
“Schedule 10A Exercise of PCC functions by elected mayors
Part 1 Interpretation
1
In this Schedule—
“
the Area”, in relation to the Mayor, means the police area
in relation to which the Mayor is to exercise functions of a police and crime commissioner; and, in a case where a combined authority or combined county authority meets the eligibility condition in relation to two or more police areas (see section 107FA (4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A (4) of the Levelling-up and Regeneration Act 2023), this Schedule applies separately in relation to each of those police areas and “the Area” is to be read accordingly;“
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—(a)
in relation to a combined authority—
(i)
a county council the whole or any part of
whose area is within the area of the authority, or(ii)
a district council whose area is within the
area of the authority;(b)
in relation to a combined county authority—
(i)
a county council for an area within the area
of the authority, or(ii)
a unitary district council for an area within
the area of the authority;“
the Mayor” means a mayor for the area of a combined
authority or combined county authority who is to exercise functions of a police and crime commissioner in relation to an area by virtue of—(a)
section 107F (1A) . of the Local Democracy,
Economic Development and Construction Act 2009, or(b)
section 33 (1A) of the Levelling-up and Regeneration
Act 2023;“
the PCC functions” means the functions of a police and
crime commissioner which the Mayor is to exercise by virtue of this Schedule;“
police and crime commissioner enactment” means any of
the following enactments (whenever passed or made)—(a)
any enactment that is contained in, or is made
under, Part 1 of this Act;(b)
any other enactment that has effect in relation to
police and crime commissioners;“
the Strategic Authority” means the combined authority or
combined county authority for whose area the Mayor is the mayor;“
the transfer time” means the time specified in—(a)
at which the Mayor is to begin exercising functions of a police and crime commissioner in relation to the Area.
Part 2 The Area’s PCC
2
(1)
There is to be no police and crime commissioner for the Area
from the transfer time.(2)
The term of office of the police and crime commissioner for the
Area is to continue until the transfer time.(3)
Any election of a police and crime commissioner for the Area
that would otherwise take place by virtue of section 50(1)(b)—(a)
during the period of six months ending with the transfer
day, or(b)
after the transfer day,
is not to take place.
(4)
Any election to fill a vacancy in the office of police and crime
commissioner for the Area which would otherwise take place under section 51 is not to take place if the vacancy occurs within the period of six months ending with the transfer day.(5)
In this paragraph “transfer day” means the day on which the
transfer time falls.Part 3 The Mayor’s PCC functions
3
(1)
The Mayor—
(a)
is to exercise functions of a police and crime commissioner
in relation to the Area, and(b)
is to be treated, in relation to the Mayor's PCC functions,
as a police and crime commissioner for the purposes of all police and crime commissioner enactments.(2)
That is subject to the following provisions of this paragraph.
(3)
(4)
(5)
(6)
Any PCC function exercisable by the Mayor is to be taken to be
a function of the Strategic Authority exercisable—(a)
by the Mayor acting individually, or
(b)
by a person acting under arrangements with the mayor
made in accordance with this Act as it has effect in accordance with this Schedule.Part 4 Modifications of enactments in this Act
4
The following police and crime commissioner enactments
contained in this Act have effect subject to the following modifications.5
Section 5 (police and crime commissioners to issue police and
crime plans) has effect as if—(a)
in subsection (1), for “ordinary election” there were
substituted “election for the return of a Mayor”;(b)
in subsection (13)—
(i)
in the definition of “financial year”, for “the police
and crime commissioner” there were substituted “the Strategic Authority”;(ii)
the definition of “ordinary election” were omitted.
6
Section 7(7) (police and crime plans) has effect as if—
(a)
in the definition of “financial year”, for “the elected local
policing body” there were substituted “the Strategic Authority”;(b)
the definition of “ordinary election” were omitted;
(c)
in the definitions of “planning period” and “qualifying
day”, for “ordinary election” there were substituted “election for the return of a Mayor”.7
Section 16 (appointment of persons not employed by elected local
policing bodies) has effect as if—(a)
for subsection (1) there were substituted—“(1)
This section applies where the Mayor, in
connection with the exercise of the Mayor’s PCC functions, is required or authorised by any Act—(a)
to appoint a person to a specified post in
the Strategic Authority; or(b)
to designate a person as having specified
duties or responsibilities.”;(b)
in subsection (2), for “the body” there were substituted
“the Strategic Authority”.8
Section 18 (delegation of functions by police and crime
commissioners) has effect as if—(a)
for each reference to “deputy police and crime
commissioner” there were substituted “deputy mayor for policing and crime”;(b)
for subsection (1) there were substituted—“(1)
The Mayor must—
(a)
appoint a person as the deputy mayor for
policing and crime for the Area, and(b)
arrange for the deputy mayor for policing
and crime to exercise one or more of the Mayor’s PCC functions.”(c)
in subsection (6)—
(i)
after paragraph (d) there were inserted—“(da)
a deputy mayor under section 107C
of the Local Democracy, Economic Development and Construction Act 2009 or section 29 of the Levelling-up and Regeneration Act 2023;”;(ii)
after paragraph (h), there were inserted—“(i)
the Strategic Authority;
(j)
a person who is the deputy mayor
for policing and crime for a different police area.”;(d)
in subsection (7)—
(i)
for paragraph (f) there were substituted—“(f)
calculating the PCC component
council tax requirement.”;(ii)
paragraphs (g) and (h) were omitted;
(e)
for subsection (10) there were substituted—“(10)
The deputy mayor for policing and crime is a
member of staff of the Strategic Authority, unless they are a member of the Strategic Authority.”.9
Section 21 (police fund) has effect as if after subsection (3) there
were inserted—“(3A)
Expenditure may be paid out of the police fund only if,
and to the extent that, it is incurred in or otherwise relates to the exercise of the Mayor’s PCC functions.(3B)
Where—
(a)
the Mayor—
(i)
has PCC functions in relation to the Area,
and(ii)
also has functions of a police and crime
commissioner in relation to another police area, and(b)
the police force for the Area (“police force A”) is
provided with assistance by the police force for the other police area (“police force B”),the Mayor must ensure that such amount in respect of the assistance as the mayor thinks appropriate is paid from the police fund of police force A to the police fund of police force B.”.
10
Section 28 (police and crime panels outside London) has effect
as if—(a)
subsections (1A) and (1B) were omitted;
(b)
in subsection (6)(a), after “police and crime commissioner”
there were inserted “, the deputy mayor for policing and crime and any other person who exercises any function of the Mayor pursuant to arrangements made under section 18”.11
Section 29 (power to require attendance and information) has
effect as if—(a)
for subsection (1) there were substituted—“(1)
A police and crime panel may require—
(a)
the Mayor,
(b)
the deputy mayor for policing and crime,
(c)
members of staff of the Strategic Authority
deployed wholly or partly in relation to the Mayor’s PCC functions, and(d)
any members of the Strategic Authority
who exercise any function of the Mayor pursuant to arrangements made under section 18,to attend before the panel (at reasonable notice) to answer any question which appears to the panel to be necessary in order for it to carry out its functions.”;
(b)
for subsection (2) there were substituted—“(2)
Nothing in subsection (1) requires a person to give
any evidence, or produce any document, which discloses advice given by that person to—(a)
the Mayor in relation to the Mayor’s PCC
functions,(b)
the deputy mayor for policing and crime,
or(c)
a member of the Strategic Authority who
exercises any function of the Mayor pursuant to arrangements made under section 18.”;(c)
for subsection (5) there were substituted—“(5)
Any person referred to in subsection (1)(b), (c) or
(d) must comply with any requirement imposed on them under that subsection.”;(d)
in subsection (6), after “commissioner” there were inserted
“or the deputy mayor for policing and crime”.12
Section 30 (suspension of police and crime commissioner) has
effect as if—(a)
in subsection (1), for “relevant police and crime
commissioner” there were substituted “Mayor so far as acting in the exercise of PCC functions”;(b)
for subsection (3) there were substituted—“(3)
For the purposes of salary, pensions and
allowances in respect of times during a period of suspension, the Mayor is to be treated as holding that office during that suspension.”.13
Section 31(3) (conduct) has effect as if for paragraphs (b) to (d)
there were substituted—“(b)
deputy mayor for policing and crime.”.
14
Section 62 (appointment of acting commissioner) has effect as
if—(a)
for subsection (1) there were substituted—“(1)
The police and crime panel must appoint a person
to exercise the Mayor’s PCC functions (the “acting commissioner”) if the Mayor is suspended from the exercise of PCC functions in accordance with section 30.”;(b)
in subsection (2), for “member of the police and crime
commissioner’s staff” there were substituted “member of staff of the Strategic Authority deployed wholly or partly in relation to the Mayor’s PCC functions or the deputy mayor for policing and crime”;(c)
after subsection (2), there were inserted—“(2A)
The police and crime panel may not appoint as
acting commissioner any person appointed as a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 2009 or section 29 of the Levelling-up and Regeneration Act 2023.”;(d)
subsection (3) were omitted;
(e)
for subsection (5) there were substituted—“(5)
Any property or rights vested in the Strategic
Authority in relation to the Mayor’s PCC functions can be dealt with by the acting commissioner.”;(f)
subsection (6)(c) were omitted;
(g)
in subsection (7) the following were omitted—
(i)
“incapacitated or”;
(ii)
“(c) or”;
(h)
subsection (8) were omitted.
15
This Act has effect as if for section 63 (vacancy where acting
commissioner acts for 6 months) there were substituted—“63 Vacancy where deputy mayor acts for 6 months
(1)
This section applies where—
(a)
the deputy mayor is appointed under section 107C
of the Local Democracy, Economic Development and Construction Act 2009 or section 29 of the Levelling-up and Regeneration Act 2023 to act for the Mayor because the Mayor is unable to act; and(b)
the Mayor does not cease to be unable to act
during the period of 6 months beginning with the day on which the acting mayor was appointed.(2)
At the end of that 6 month period—
(a)
the Mayor ceases to be the Mayor, and
(b)
accordingly, the office of Mayor becomes vacant.”
16
Section 64 has effect as if—
(a)
after subsection (1) there were inserted—“(1ZA)
If a combined authority or combined county
authority meets the eligibility condition in relation to two or more police areas (see section 107FA (4) of the Local Democracy, Economic Development and Construction Act 2009 or section 33A (4) of the Levelling-up and Regeneration Act 2023)—(a)
subsection (1)(b) does not apply; but
(b)
a person is disqualified from being elected
to the office of police and crime commissioner for any of those police areas at any election unless, on each relevant day, the person is a local government elector in at least one of those police areas;and for that purpose a person is “a local government elector in” a police area if the person is registered in the register of local government electors for an electoral area in respect of an address in that police area.”;
(b)
for subsections (3) to (4A) (disqualification from election
as police and crime commissioner) there were substituted—“(3)
A person is disqualified from being elected as the
Mayor if—(a)
the person has been nominated as a
candidate for election as police and crime commissioner for any other police area at an ordinary election, and(b)
the ordinary election is held on the same
day as the election to return the Mayor.(4)
A person is disqualified from being elected as the
Mayor at an election held to fill a casual vacancy if—(a)
the person is the police and crime
commissioner for any other police area; or(b)
the person has been nominated as a
candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.”.17
Section 65 (disqualification from election or holding office as
police and crime commissioner: police grounds) has effect as if—(a)
in subsection (1)(e), there were inserted after paragraph
(ii)—“(iii)
the Strategic Authority;”;
(b)
for subsection (1A) there were substituted—“(1A)
Subsection (1)(e)(i) does not prevent a deputy
mayor for policing and crime from being elected as mayor of the strategic authority—(a)
at an election other than an election to fill
a casual vacancy;(b)
at an election to fill a casual vacancy if, on
the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as acting commissioner under section 62.”.18
Section 70 (declaration of acceptance of office of police and crime
commissioner) has effect as if—(a)
for subsection (1), there were substituted—“(1)
A person elected to the office of Mayor may not
exercise police and crime commissioner functions unless that person has made a declaration in a form specified in an order made by the Secretary of State to the appropriate officer.”;(b)
subsection (2) were omitted;
(c)
in subsection (5), for the first reference to “office” there
were substituted “the duty of exercising police and crime commissioner functions as Mayor”;(d)
subsections (6) and (7) were omitted;
(e)
at the end there were inserted—“(8)
In this section “appropriate officer” means the
person designated as the head of paid service by the Strategic Authority under section 4(1)(a) of the Local Government and Housing Act 1989.”19
Schedule 1 (police and crime commissioners) has effect as if—
(a)
for paragraph 1 there were substituted—“1
This Schedule applies in relation to the Mayor
in the exercise of PCC functions.”;(b)
for paragraph 4 there were substituted—“4
(1)
The Mayor must make authorised pension
payments.(2)
In this paragraph “authorised pension payments”
means—(a)
pensions to, or in respect of, persons who
have been the police and crime commissioner for the Area, and(b)
amounts for or towards provision of
pensions to, or in respect of, persons who have been the police and crime commissioner for the Area,which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.”
(c)
in paragraph 5(2), for “any of paragraphs 2 to” there were
substituted “paragraph”;(d)
in paragraph 8—
(i)
for each reference to “deputy police and crime
commissioner” there were substituted “deputy mayor for policing and crime”;(ii)
for sub-paragraphs (3) and (3A) there were
substituted—“(3)
The terms and conditions of a person
appointed as the deputy mayor for policing and crime must ensure that the person’s term of office ends no later than the third day after the day of the poll at an election for the return of a Mayor.(4)
The terms and conditions must also provide
for the deputy mayor for policing and crime’s appointment to end when, following an election held to fill a vacancy in the office of the appointing Mayor, the person elected makes and delivers a declaration under section 70.”;(e)
for paragraph 9(1) there were substituted—“(1)
The Mayor must notify the police and crime panel
of each proposed appointment by the Mayor of a deputy mayor for policing and crime.”;(f)
in paragraph 10(9)(a), for “ordinary election of a police
and crime commissioner under section 50” there were substituted “election for the return of a Mayor”;(g)
for paragraph 13 there were substituted—“13
(1)
The Mayor may pay—
(a)
remuneration, allowances and gratuities
to members of the Strategic Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions; and(b)
allowances and gratuities to the deputy
mayor for policing and crime where that person is not a member of staff of the Strategic Authority.(2)
The Mayor may pay—
(a)
pensions to, or in respect of, persons who
have been members of the Strategic Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions; and(b)
amounts for or towards provision of
pensions to, or in respect of, persons who have been members of the Strategic Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions.(3)
In this paragraph “allowances”—
(a)
in relation to a member of the Strategic
Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff in relation to such functions; and(b)
in relation to a deputy mayor for policing
and crime who is not a member of the Strategic Authority’s staff, means allowances in respect of expenses incurred by the deputy mayor for policing and crime in the course of that person’s duties as deputy mayor for policing and crime.”(h)
for paragraph 15(2) there were substituted—“(2)
A person who is—
(a)
a member of staff of the Strategic Authority
deployed wholly or partly in relation to the Mayor’s PCC functions, or(b)
a member of the Strategic Authority
exercising the Mayor’s PCC functions,has no personal liability for an act or omission done by the person, in the carrying out of duties relating to the Mayor’s PCC functions as a member of staff or as a member of the Strategic Authority, unless it is shown to have been done otherwise than in good faith.”;
(i)
for paragraph 16 there were substituted—“16
References to the financial year of the Mayor are
to be read as if they were references to the financial year of the Strategic Authority.”.20
Schedule 5 (issuing precepts) has effect as if—
(a)
in paragraph 1—
(i)
for sub-paragraph (1) there were substituted—“(1)
The Mayor may not determine the final
amount of the PCC component for a financial year until the end of the scrutiny process is reached.”;(ii)
for sub-paragraph (3) there were substituted—“(3)
References in this Schedule to the
determining of the final amount of the PCC component include references to the determining of the amount of the PCC component of a substitute precept.”;(b)
in paragraph 2, for “the precept which the commissioner
is proposing to issue” there were substituted “the proposed amount of the PCC component”;(c)
in paragraph 3(3), for “the precept that should be issued”
there were substituted “the amount of the PCC component”;(d)
in paragraph 4(3), for “precept for the financial year” there
were substituted “PCC component for the financial year”;(e)
in paragraph 5(3)—
(i)
in paragraph (a), for “issue the proposed precept
as the precept” there were substituted “determine that the proposed amount of the PCC component is the final amount of the PCC component”;(ii)
in paragraph (b), for “issue a different precept”
there were substituted “determine a different PCC component”;(f)
in paragraph 6(2), for “issue the proposed precept as the
precept” there were substituted “determine that the proposed PCC component is to be the PCC component”;(g)
in paragraph 8—
(i)
in sub-paragraph (1), for “the issuing of precepts”
there were substituted “determining the amount of the PCC component”;(ii)
in sub-paragraph (4), for “precept that may be
issued” there were substituted “amount of the PCC component”.21
Schedule 6 (police and crime panels) has effect as if—
(a)
for paragraph 21 there were substituted—“21
The Mayor, a member of the Strategic Authority
appointed by the constituent councils, or a substitute member acting in place of such a member may not be a member of the police and crime panel for the area.”;(b)
in paragraph 22(1)(a), for the words “police and crime
commissioner for that police area” there were substituted “Strategic Authority”;(c)
in paragraph 33, after sub-paragraph (1) there were
inserted—“(1A)
But this paragraph does not apply if the elected
Mayor of that executive is a member of the Strategic Authority appointed by the constituent councils.”;(d)
in paragraph 34, after sub-paragraph (1) there were
inserted—“(1A)
But this paragraph does not apply if the current
Mayor of that executive is a member of the Strategic Authority appointed by the constituent councils.”.22
Schedule 7 (regulations about complaints and conduct matters)
has effect as if—(a)
in paragraph 3(1)(a)(ii), for “deputy police and crime
commissioner” there were substituted “deputy mayor for policing and crime (unless the holder of that office is a member of the Strategic Authority)”;(b)
for paragraph 4 there were substituted—“4
(1)
This paragraph applies in relation to qualifying
complaints which—(a)
relate to a holder of the office of—
(i)
Mayor; or
(ii)
deputy mayor for policing and
crime, if the holder of that office is a member of the Strategic Authority, and(b)
are not, or cease to be, investigated by
the Director General of the Independent Office for Police Conduct or a police force.(2)
Regulations must secure that such complaints
are dealt with in accordance with the Strategic Authority’s code of conduct adopted under section 27(2) of the Localism Act 2011.”23
Schedule 8 (appointment, suspension and removal of senior police
officers) has effect as if—(a)
for paragraph 4(10) there were substituted—“(10)
For that purpose, “relevant post-election period”
means the period that—(a)
begins with the day of the poll at an
election for the return of the Mayor; and(b)
ends with the day on which the person
elected as Mayor delivers a declaration under section 70.”;(b)
for paragraph 15(8) there were substituted—“(8)
For that purpose, “relevant post-election period”
means the period that—(a)
begins with the day of the poll at an
election for the return of the Mayor; and(b)
ends with the day on which the person
elected as Mayor delivers a declaration under section 70.”.Part 5 Modifications of enactments in other Acts
Police (Property) Act 1897
24
(1)
The Police (Property) Act 1897 is modified as follows.
(2)
Section 2(2A) (regulations with respect to unclaimed property in
possession of police), has effect as if for the last reference to “relevant body” there were substituted “Combined Authority”.Trustee Investments Act 1961
25
(1)
The Trustee Investments Act 1961 is modified as follows.
(2)
Paragraph 9 of Part 2 of the First Schedule (manner of
investment), has effect as if for “similar officer of the authority” there were substituted “similar officer of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”.Pensions (Increase) Act 1971
26
(1)
The Pensions (Increase) Act 1971 is modified as follows.
(2)
Paragraph 51(aa) of Schedule 2 (official pensions: court and police
staff), has effect as if for “a police and crime commissioner” there were substituted “the police and crime commissioner for South Yorkshire or of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”.Local Government (Miscellaneous Provisions) Act 1976
27
(1)
The Local Government (Miscellaneous Provisions) Act 1976 is
modified as follows.(2)
Section 29(1) (repayment of unclaimed compensation etc. paid
into court), has effect as if for “or transferred to the authority” there were substituted “to the Mayor, or transferred to the Combined Authority in relation to the Mayor’s PCC functions”.(3)
Section 30(3)(a) (power to forgo repayment of advances of
remuneration paid to deceased employees), has effect as if for “maintained by a local authority” there were substituted “maintained by the Mayor of the Combined Authority”.(4)
Section 44(1) (interpretation etc. of Part I), has effect as if in
paragraph (a) of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” there were substituted “13, 14, 16, 29 and 38”.Local Government, Planning and Land Act 1980
28
(1)
The Local Government, Planning and Land Act 1980 is modified
as follows.(2)
Section 99 (directions to dispose of land – supplementary) has
effect as if—(a)
after subsection (2) there were inserted—“(2A)
Where a notice under subsection (1) is received by
the Combined Authority which relates to land used wholly or partly in relation to the Mayor’s PCC functions, the Mayor is to make any representations under subsection (2) on behalf of the Combined Authority to the Secretary of State.”;(b)
in subsection (4)—
(i)
in paragraph (dbzb) at the end there were inserted
“or, as the case may be, the Mayor”;(ii)
paragraph (dc) were omitted.
Dartford-Thurrock Crossing Act 1988
29
(1)
The Dartford-Thurrock Crossing Act 1988 is modified as follows.
(2)
Section 19(a)(i) (exemption from tolls) has effect as if for “a local
policing body” there were substituted “the Combined Authority for use in relation to the exercise of the Mayor’s PCC functions”.Local Government Finance Act 1988
30
(1)
The Local Government Finance Act 1988 is modified as follows.
(2)
Section 114 (functions of responsible officer as regards reports)
has effect as if—(a)
for subsection (4)(b)(i) there were substituted—“(i)
the Mayor exercising PCC functions,
each member of the Combined Authority, including the Mayor, and each member of the police and crime panel for the Mayor’s area;”;(b)
in subsection (8A)(b), for “relevant authority” there were
substituted “Mayor”.(3)
Section 115 (authority’s duties as regards reports) has effect as
if—(a)
for subsection (1B) there were substituted—“(1B)
In the case of a report made by the chief finance
officer of the Combined Authority in relation to the Mayor’s PCC functions, the Mayor must consider the report and decide whether the Mayor agrees or disagrees with the views contained in the report and what action (if any) the Mayor proposes to take in consequence of it.”;(b)
in subsection (1E)—
(i)
for “the elected local policing body” there were
substituted “the Mayor”;(ii)
for “that body”, in each place it occurs, there were
substituted “the Mayor”;(c)
in subsection (1F)(b), for “elected local policing body’s”
there were substituted “Combined Authority’s”;(d)
in subsection (2), for “an elected local policing body” there
were substituted “a Combined Authority in relation to a Mayor exercising PCC functions”.(4)
Section 116 has effect as if for subsection (2B) (information about
consideration of reports etc.) there were substituted—“(2B)
In the case of the Mayor, the chief finance officer of the
Combined Authority must notify the auditor of the Combined Authority of any decision taken by the Mayor in accordance with section 115.”.Road Traffic Act 1988
31
(1)
The Road Traffic Act 1988 is modified as follows.
(2)
Section 144(2)(b) (exceptions from requirement of third-party
insurance) has effect as if—(a)
for “a local policing body” there were substituted “the
Combined Authority for use in relation to the Mayor’s PCC functions”;(b)
for “a police and crime commissioner’s staff (within the
meaning of Part 1 of the Police Reform and Social Responsibility Act 2011)” there were substituted “the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions”.Local Government and Housing Act 1989
32
(1)
The Local Government and Housing Act 1989 is modified as
follows.(2)
Section 1 (disqualification and political restriction of certain
officers and staff) has effect as if—(a)
in subsection (9), for “an elected local policing body” there
were substituted “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions”;(b)
in subsection (10), for “an elected local policing body does
not include a deputy police and crime commissioner” there were substituted “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions does not include the deputy mayor for policing and crime”.(3)
Section 4 (designations and reports of head of paid service) has
effect as if—(a)
subsections (1) and (1A) were omitted;
(b)
for subsection (4) there were substituted—“(4)
It shall be the duty of the head of the Combined
Authority’s paid service, as soon as practicable after he has prepared a report relating to the Mayor’s PCC functions under this section, to arrange for a copy of it to be sent to the members of the Combined Authority, including the Mayor, and to the police and crime panel.”;(c)
in subsection (5), “(other than an elected local policing
body)” were omitted;(d)
in subsection (5A), for “by the head of the body’s paid
service” there were substituted “that relates to the Mayor’s PCC functions”.(4)
Section 5 (designation and reports of monitoring officer) has effect
as if—(a)
subsection (1C) were omitted;
(b)
for subsection (3)(b)(a) there were substituted—“(a)
in the case of a report relating to the
Mayor’s PCC functions, to the members of the Combined Authority, including the Mayor, and to the police and crime panel; and”;(c)
in subsection (5)—
(i)
for “a relevant authority” there were substituted
“the Mayor”;(ii)
in paragraph (a) in sub-paragraph (i), “in the case
of an elected local policing body” were omitted;(iii)
sub-paragraph (ii) were omitted;
(d)
in subsection (8), in the definition of “relevant authority”,
“an elected local policing body” were omitted.(5)
Omit section 7(1)(aa) (all staff to be appointed on merit).
(6)
Omit section 13(5ZA) (voting rights of members of certain
committees: England and Wales).Police Act 1996
33
(1)
The Police Act 1996 is modified as follows.
(2)
Section 22A(9)(a) (collaboration agreements) has effect as if for
“that body” there were substituted “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.(3)
Section 41 (directions as to minimum budget) has effect as if—
(a)
in subsection (1), for “commissioner’s council tax
requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act)” there were substituted “PCC component council tax requirement”;(b)
in subsection (4), for “precept issued or calculation made
by the commissioner under Part 1 of the Local Government Finance Act 1992” there were substituted “determination by the Mayor of the final amount of the PCC component”.(4)
Section 53E (guidance about civilian staff employed by local
policing bodies and chief officers) has effect as if—(a)
in subsection (1)(a), for “a local policing body” there were
substituted “the Combined Authority and are deployed wholly or partly in relation to the Mayor’s PCC functions”;(b)
in subsection (1)(b), for “the body” there were substituted
“the Combined Authority”.(5)
Section 88 (liability for wrongful acts of constables) has effect as
if—(a)
in subsection (5A), for the first reference to “local policing
body” there were substituted “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”;(b)
in subsection (6)(a), for “local policing body” there were
substituted “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”.(6)
Section 92(1) (grants by local authorities) has effect as if for “parish
or community” there were substituted “parish, community or Combined Authority”.(7)
Section 96(1B) (arrangements for obtaining the views of the
community on policing), has effect as if for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992” there were substituted “PCC component is determined by the Mayor”.Proceeds of Crime Act 2002
34
(1)
The Proceeds of Crime Act 2002 is modified as follows.
(2)
Section 55(8) has effect as if for paragraph (aa) (sums received
by designated officer) there were substituted—“(aa)
a member of the Combined Authority’s staff
deployed wholly or partly in relation to the Mayor’s PCC functions,”.Police Reform Act 2002
35
(1)
The Police Reform Act 2002 is modified as follows.
(2)
Section 40(7)(d) (community safety accreditation schemes) has
effect as if for “local policing body” there were substituted “Combined Authority and who are deployed wholly or partly in relation to the Mayor’s PCC functions”.(3)
Section 42(7) (supplementary provisions relating to designations
and accreditations) has effect as if—(a)
for the first reference to “local policing body” there were
substituted “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”;(b)
for the second reference to “local policing body” there
were substituted “Combined Authority”;(c)
for “or body” there were substituted “or Combined
Authority”.Local Government Act 2003
36
(1)
The Local Government Act 2003 is modified as follows.
(2)
Section 7 (credit arrangements) has effect as if—
(a)
in subsection (1)(a), for “its part” there were substituted
“the part of the Combined Authority”;(b)
in subsection (2), for “on the part of the authority” there
were substituted “on the part of the Combined Authority”.Railways and Transport Safety Act 2003
37
(1)
The Railways and Transport Safety Act 2003 is modified as
follows.(2)
Paragraph 7(2) of Schedule 4 (British Transport Police Authority)
has effect as if for paragraph (c) there were substituted—“(c)
a member of staff of the Combined Authority
deployed wholly or partly in relation to the Mayor’s PCC functions,”.Local Government and Public Involvement in Health Act 2007
38
(1)
The Local Government and Public Involvement in Health Act
2007 is modified as follows.(2)
Section 15(1) (incidental etc provision in orders or regulations)
has effect as if for paragraph (a) there were substituted—“(a)
for the transfer of functions, property, rights or
liabilities from a local authority, Combined Authority in relation to the Mayor’s PCC functions, or local policing body for any area to another local authority, Combined Authority in relation to the Mayor’s PCC functions, or local policing body whose area consists of or includes the whole or part of that area;”.Local Democracy, Economic Development and Construction Act 2009
39
(1)
The 2009 Act is modified as follows.
(2)
Paragraph 9(1)(a) of Schedule 5B (mayors for combined authority
areas: further provision about elections) has effect as if for “or deputy mayor” there were substituted “, deputy mayor or deputy mayor for policing and crime”.Local Audit and Accountability Act 2014
40
(1)
The Local Audit and Accountability Act 2014 is modified as
follows.(2)
Schedule 4 (further provisions about auditor panels) has effect
as if—(a)
for paragraph 2(4)(a) there were substituted—“(a)
cases where the relevant authority referred
to in the opening words of sub-paragraph (2) (“the relevant authority concerned”) is a Combined Authority where the Mayor exercises PCC functions;”;(b)
for paragraph 2(5) there were substituted—“(5)
Where the relevant authority concerned is a
Combined Authority where the Mayor exercises PCC functions, references to “the authority” include the chief constable for the area.”.Part 6 Enactments which do not apply
41
Section 28 of the Leasehold Reform Act 1967 (retention or
resumption of land required for public purposes).42
The following provisions of the Local Government Act 1972—
(a)
section 102(6) to (11) (appointment of committees);
(b)
section 223(2) (appearance of local authorities in legal
proceedings);(c)
paragraph 6ZA of Part 1 of Schedule 12 (meetings and
proceedings of local authorities).43
Section 5(3)(baa) of the Rent (Agriculture) Act 1976 (no statutory
tenancy where landlord’s interest belongs to Crown or to local authority etc.).44
Section 14(1)(caa) of the Rent Act 1977 (landlord’s interest
belonging to local authority, etc.).45
Sections 95, 96A, 97 and 98 of the Local Government, Planning
and Land Act 1980 (land held by public bodies).46
Sections 33 (enforceability by local authorities of certain covenants
relating to land) and 41 (lost and uncollected property) of the Local Government (Miscellaneous Provisions) Act 1982.47
Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the
People Act 1983 (alteration of registers).48
Section 60 of the County Courts Act 1984 (right of audience).
49
The following provisions of the Housing Act 1985—
(a)
section 80(1) (the landlord condition);
(b)
section 157(1) (restriction on disposal of dwelling-houses
in National Parks);(c)
section 171(2) (power to extend right to buy);
(d)
section 573(1) (meaning of public sector authority);
(e)
paragraph 2(1) of Schedule 1 (tenancies which are not
secure tenancies);(f)
grounds 7 and 12 in Schedule 2 (grounds for possession
of dwelling-houses let under secure tenancies);(g)
ground 5 in Schedule 3 (grounds for withholding consent
to assignment by way of exchange);(h)
paragraph 7(1) of Schedule 4 (qualifying period for right
to buy and discount);(i)
paragraph 5(1)(b) of Schedule 5 (exceptions to the right
to buy).50
Section 38 of the Landlord and Tenant Act 1985 (minor
definitions).51
Section 7 of the Local Government Act 1986 (transfer requires
mortgagor’s consent).52
Section 58 of the Landlord and Tenant Act 1987 (exempt landlords
and resident landlords).53
Sections 111, 113, 114 and 114A of the Local Government Finance
Act 1988 (financial administration).54
Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988
(tenancies which cannot be assured tenancies).55
Section 39 of the Local Government Finance Act 1992 (precepting
and precepted authorities).56
Section 33 of the Value Added Tax Act 1994 (refunds of VAT in
certain cases).57
Section 94 of the Police Act 1996 (financing of new police and
crime commissioners).58
Paragraph 57 of Schedule 1 to the Freedom of Information Act
2000 (public authorities).59
Sections 21 and 22 of the Local Government Act 2003 (accounts).
60
The following provisions of the Fire and Rescue Services Act
2004—(a)
section 3(7) and (9) (creation of combined fire and rescue
authorities: supplementary);(b)
section 4A (power to provide for police and crime
commissioner to be fire and rescue authority);(c)
Schedule A1 (procedure for orders under section 4A);
(d)
Schedule A2 (application of legislation relating to police
and crime commissioners).61
The following provisions of the PRSR Act—
(a)
section 1(1) to (4) (police and crime commissioners);
(b)
sections 50 to 61 (elections and vacancies);
(c)
section 69 (validity of acts);
(d)
sections 71 to 75 (elections: further provision);
(e)
section 102(3) (interpretation: police and crime
commissioner’s staff);(f)
Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2), and (4), and 7
(police and crime commissioners);(g)
Schedule 6, paragraphs 33 to 35 (duty to nominate elected
mayor to be a member of police and crime panel);(h)
Schedule 10 (elections: consequential amendments).
62
Paragraph 19 of Schedule 2 to the Local Audit and Accountability
Act 2014 (relevant authorities).63
The following provisions of the Policing and Crime Act 2017—
(a)
section 5(7)(a) and (9)(a) (collaboration agreements:
definitions);(b)
paragraph 92 of Schedule 1 (amendments to Schedule 6
to the Police Reform and Social Responsibility Act 2011).Part 7 Enactments not contained in Acts
Power to modify or disapply enactments
64
(1)
This section applies to any police and crime commissioner
enactment that is not contained in an Act of Parliament.(2)
The Secretary of State may, by regulations—
(a)
modify the enactment in its application in relation to the
mayors of combined authorities and combined county authorities exercising functions of a police and crime commissioner;(b)
provide that the enactment does not apply in relation to
the mayors of combined authorities and combined county authorities exercising functions of a police and crime commissioner.Part 8 Application and modification of enactments other than police and crime commissioner enactments
Local Government Act 1972
65
Section 86 of the Local Government Act 1972 (declaration by local
authority of vacancy in office in certain cases) applies in relation to the Mayor as if, after section 86(1)(c), there were inserted“or(d)
ceases to be the Mayor by virtue of section 63
(vacancy where acting commissioner acts for 6 months) of the Police Reform and Social Responsibility Act 2011,”.
FRSA 2004 is amended in accordance with this Part of this Schedule.
Section 2 is amended in accordance with this paragraph.
In subsection (2) for “only if it appears” substitute “only if condition A or
Condition A: it appears”.
B is met.
(2A)
“(2B)
Condition B: the scheme—
(a)
is made in consequence of an order under section 1A , and
(b)
provides for a combined area that is wholly in England and
is outside Greater London.(2C)
Subsections (3) to (5), (8)(a), (9)(a), (c) and (d) do not apply to a
scheme made where condition B is met.”
“(12)
This section is subject to section 1 (2A) .”
“(8)
This section is subject to section 1 (2A) .”
“Schedule ZA1 Mayoral combined authorities or CCAs as fire and rescue authorities
Interpretation
1
(1)
In this Schedule—
“
community risk management plan” means a document
issued by an FRA’s mayor which—(a)
is prepared and published in accordance with the
Fire and Rescue National Framework, and(b)
sets out for the period covered by the document—
(i)
the mayoral FRA’s priorities and objectives
in connection with the discharge of its functions as a fire and rescue authority, and(ii)
an assessment of all foreseeable fire and
rescue related risks that could affect the mayoral FRA’s area;“
FRA’s mayor” means the mayor for the area of a mayoral
FRA;“
priorities and objectives” means a mayoral FRA’s priorities
and objectives in connection with the discharge of its functions as a fire and rescue authority which it is required to set out in the community risk management plan;(2)
The “relevant scrutiny body” is the overview and scrutiny
committee of the mayoral combined authority or mayoral CCA which is the fire and rescue authority.(3)
Where the authority or CCA has more than one overview and
scrutiny committee, the authority or CCA must decide which of the committees is to exercise the functions of the relevant scrutiny body.(4)
(a)
the FRA’s mayor also exercises functions of police and
crime commissioner in relation to the area for which the mayoral FRA is the fire and rescue authority, and(b)
immediately before the mayoral FRA became the fire and
rescue authority for that area, an authority created by an order under section 4A was the fire and rescue authority for that area.(5)
Oversight of the community risk management plan
2
(1)
This paragraph applies to—
(a)
the issuing of a community risk management plan, and
(b)
the variation of priorities and objectives set out in a
community risk management plan.(2)
The FRA’s mayor must—
(a)
consult the chief fire officer in preparing a draft of the
plan or variation;(b)
send the priorities and objectives in the draft plan or draft
variation to the relevant scrutiny body;(c)
have regard to any report or recommendations made by
the relevant scrutiny body in relation to those priorities and objectives; and(d)
as soon as reasonably practicable—
(i)
give the relevant scrutiny body a response to any
such report or recommendations, and(ii)
publish the response in such manner as the FRA’s
mayor considers appropriate.(3)
The FRA’s mayor must ensure that the relevant scrutiny body
has a reasonable amount of time to—(a)
(b)
produce a report or recommendations.
(4)
The FRA’s mayor must consult the chief fire officer before issuing
or varying a community risk management plan if, and to the extent that, the priorities and objectives in the plan or variation are different from those in the draft on which the chief fire officer was consulted in accordance with sub-paragraph (2) (a) .(5)
If the FRA’s mayor issues or varies a community risk management
plan, the mayor must—(a)
send a copy of the plan or variation to the chief fire officer;
and(b)
publish a copy of the plan or variation in such manner as
the mayor considers appropriate.(6)
The duty under sub-paragraph (5) to send or publish a copy of
a variation may instead be satisfied by sending or publishing a copy of the plan as varied.Duty to keep community risk management plan under review
3
The FRA’s mayor must—
(a)
keep the priorities and objectives in the community risk
management plan under review, and(b)
in particular, review them in the light of any report or
recommendations made to the mayor by the relevant scrutiny body.Notification of proposed allocation of budget for fire and rescue functions
4
(1)
In each financial year, an FRA’s mayor must notify the relevant
scrutiny body of the mayor’s proposed allocation of the draft budget for fire and rescue functions in relation to the following financial year.(2)
The notification must include the proposed allocation of the
element of the general precept that is attributable to fire and rescue functions.(3)
The notification must be given—
(a)
before the date on which the mayoral combined authority
or mayoral CCA determines whether to approve the mayor’s annual budget in relation to the following financial year; and(b)
at a time which permits the relevant scrutiny body a
reasonable amount of time to review the proposed allocation of budget before that determination is made.Review of proposed budget
5
(1)
The relevant scrutiny body must review any proposed allocation
of budget notified to it under paragraph 4 .(2)
The relevant scrutiny body must make a report to the FRA’s
mayor in relation to the proposed allocation of budget.(3)
The FRA’s mayor must—
(a)
have regard to any report made under sub-paragraph (2) and to any recommendations made in it;
(b)
provide the relevant scrutiny body with a response to the
report and any recommendations made in it;(c)
notify the relevant scrutiny body of any material changes
to the budget for fire and rescue functions after it has been finalised; and
In section 138 LGA 1972 (powers of principal councils with respect to
emergencies or disaster)—
in subsection (5), after “London Fire Commissioner” insert “and a
mayoral fire and rescue authority”;
“(5A)
For that purpose “mayoral fire and rescue authority” means—
(a)
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(b)
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),
LDEDCA 2009 is amended in accordance with this paragraph.
In section 107D (delegation of functions by the mayor), after subsection (3) Subsection (3) is subject to section
107DZA
.”
insert—
“(3A)
“107DZA Limitation on delegation of mayoral functions
(1)
The mayor may not make an arrangement under section 107D(3)(a)
or (b) for the exercise of any fire and rescue functions of the combined authority.(2)
(3)
In this section “fire and rescue functions of the combined authority”
means—(a)
functions of a fire and rescue authority which the combined
authority has by virtue of an order under section 105A (and here “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004), or
LURA 2023 is amended in accordance with this paragraph.
“(3A)
Subsection (3) is subject to section 30A .”
“30A Limitation on delegation of mayoral functions
(1)
The mayor may not make an arrangement under section 30(3)(a) or
(b) for the exercise of any fire and rescue functions of the CCA.(2)
(3)
In this section “fire and rescue functions of the CCA” means—
(a)
functions of a fire and rescue authority which the CCA has
by virtue of regulations under section 19 (and here “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004), or
In section 4 (general duties of licensing authorities), after subsection (3) In carrying out its licensing functions, a London licensing authority In this section, “London licensing authority” means each of the the council of a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, or the Under-Treasurer of the Middle Temple.”
insert—
“(4)
must also have regard to the licensing policy statement published
by the Mayor of London under
section 8A
.
(5)
following licensing authorities—
(a)
(b)
(c)
(d)
In section 5 (statement of licensing policy)—
“(3A)
Before determining or revising its policy for a five year
period, a London licensing authority must also consult the Mayor of London.”;
““
London licensing authority” has the meaning given by section
4 (5) .”
“8A Greater London strategic licensing policy
(1)
The Mayor of London must in respect of each five year period—
(a)
determine a policy in relation to the carrying out of relevant
licensable activities in Greater London, and(b)
publish a statement of that policy before the beginning of
the period.(2)
The Mayor may replace a policy under subsection (1) in respect of
a period, with effect from any date during that period, by—(a)
determining a policy in relation to the carrying out of
relevant licensable activities in Greater London in respect of a period of five years beginning with that date, and(b)
publishing a statement of that policy before that date.
(3)
Before determining a policy under this section, the Mayor must
consult—(a)
the chief officer of police for the area of each London
licensing authority,(b)
each Local Health Board for an area any part of which is in
the area of a London licensing authority,(c)
such persons as the Mayor considers to be representative of
holders of premises licences issued by each London licensing authority,(d)
such other persons as the Mayor considers to be
representative of businesses and residents in the area of each London licensing authority,(e)
the Secretary of State,
(f)
each London licensing authority.
(4)
During each five year period, the Mayor must keep its policy in
respect of that period under review and make such revisions to the policy, at such times, as the Mayor considers appropriate.(5)
Subsection (3) applies in relation to any revision of a policy under
this section as it applies in relation to the original determination of a policy.(6)
Where revisions are made, the Mayor must publish a statement of
the revisions or the revised policy.(7)
In determining a policy under this section, or making revisions to
such a policy, the Mayor must have regard to—(a)
the primary importance of promoting the licensing objectives,
and(b)
any requirements imposed on licensing authorities when
carrying out their licensing functions.(8)
In determining or revising a policy under this section, the Mayor
must have regard to any cumulative impact assessments published by a London licensing authority in accordance with section 5A.(9)
A statement of a policy under this section must specify the five year
period to which it relates.(10)
Regulations may make provision about the determination and
revision of policies, and the preparation and publication of policy statements, under this section.(11)
The requirement to consult in subsection (3) in relation to a policy
for the first five year period may be met by consultation carried out before this section comes into force.(12)
In this section, references to “relevant licensable activities” are to—
(a)
the sale by retail of alcohol,
(b)
the provision of regulated entertainment, and
(c)
the provision of late night refreshment.
(13)
In this section, “five year period” means—
(a)
if paragraph (b) does not apply, the period of five years
beginning 6 months after this section comes into force or with such earlier date as the Mayor may determine, and each subsequent period of five years, or(b)
if the Mayor has published a statement of policy under subsection (2) , the period of five years to which the most
recently published such statement relates, and each subsequent period of five years.”
The power under
sub-paragraph (1)
expires at the end of the period of five
years beginning with the day on which this Schedule comes into force.
Regulations under this paragraph are subject to affirmative resolution
procedure.
The Secretary of State may by regulations make provision for the purpose
of conferring on the Mayor of London the function of determining relevant
licence applications in certain circumstances.
In this paragraph, a "relevant licence application" is an application under
the Licensing Act 2003 to grant, vary, transfer or review a premises licence
in Greater London which authorises the premises to be used for one or
more of the following activities-—
the sale by retail of alcohol,
the provision of regulated entertainment within the meaning of
Schedule 1 to that Act, and
the provision of late night refreshment within the meaning of
Schedule 2 to that Act.
Regulations under this paragraph are subject to affirmative resolution
procedure.
Regulations may make provision conferring an eligible function on the
strategic authorities within a class specified in sub-paragraph
(3)
.
Regulations may make provision modifying a function as it is exercisable
by the strategic authorities within a class specified in sub-paragraph
(3)
.
the single foundation strategic authorities;
the single foundation strategic authorities that are district councils;
the single foundation strategic authorities that are county councils;
the combined foundation strategic authorities;
the mayoral strategic authorities other than the established mayoral
strategic authorities;
the established mayoral strategic authorities other than the GLA.
Regulations may not be made under this section unless the Secretary of
State is satisfied that it is appropriate to do so having regard to the need
to secure the effective exercise of the function concerned.
See also section 18 of the Cities and Local Government Devolution Act
2016 (devolving health service functions) which contains further limitations.
Before making regulations under this paragraph the Secretary of State must
consult the following—
the affected strategic authorities;
the mayors of any of the affected strategic authorities that are
mayoral strategic authorities;
the constituent councils of any affected strategic authorities that are
combined authorities or CCAs;
any other person who exercises the function to which the regulations
relate;
any other persons that the Secretary of State considers it appropriate
to consult.
In this paragraph “affected strategic authorities” means the strategic
authorities—
on which a function would be conferred by regulations under
sub-paragraph
(1)
, or
whose exercise of a function would be affected by regulations under
sub-paragraph
(2)
.
Regulations may make provision conferring an eligible function on the
mayors within a class specified sub-paragraph
(3)
.
Regulations may make provisions modifying a function as it is exercisable
by the mayors within a class specified in sub-paragraph
(3)
.
mayors for the areas of mayoral strategic authorities other than the
established mayoral strategic authorities;
mayors for the areas of established mayoral strategic authorities
other than the Mayor of London.
Regulations may not be made under this section unless the Secretary of
State is satisfied that it is appropriate to do so having regard to the need
to secure the effective exercise of the function concerned.
See also section 18 of the Cities and Local Government Devolution Act
2016 (devolving health service functions) which contains further limitations.
Before making regulations under this paragraph the Secretary of State must
consult the following—
the affected mayors;
the strategic authorities for whose areas the affected mayors are the
mayor;
the constituent councils of those strategic authorities;
any other person who exercises the function to which the regulations
relate;
any other persons that the Secretary of State considers it appropriate
to consult.
In this paragraph “affected mayors” means the mayors—
on which a function would be conferred by regulations under
sub-paragraph
(1)
, or
whose exercise of a function would be affected by regulations under
sub-paragraph
(2)
.
Regulations may make provision conferring an eligible function on the
GLA, the Mayor of London or a GLA functional body.
Regulations may make provision modifying a function as it is exercisable
by the GLA, the Mayor of London or a GLA functional body.
Regulations may not be made under this section unless the Secretary of
State is satisfied that it is appropriate to do so having regard to the need
to secure the effective exercise of the function concerned.
See also section 18 of the Cities and Local Government Devolution Act
2016 (devolving health service functions) which contains further limitations.
Before making regulations under this paragraph the Secretary of State must
consult the following—
the Mayor of London,
the London Assembly,
in the case of regulations conferring a function on, or modifying a
function of, a GLA functional body, that functional body;
the London Borough councils;
the Common Council of the City of London;
any other person who exercises the function to which the regulations
relate;
any other persons that the Secretary of State considers it appropriate
to consult.
In this Part of this Schedule—
“
eligible function” means a function which—
is a function of a public authority, and
relates to any aspect of any area of competence;
“
function”—
includes a power to make byelaws;
but does not include a power to make any other instruments
of a legislative character (including regulations);
“
public authority” includes a Minister of the Crown or a government
department.
Regulations may provide for a function of—
the mayoral strategic authorities other than the established mayoral
strategic authorities, or
the established mayoral strategic authorities other than the GLA,
to be exercisable by the mayors for the areas of those authorities.
Regulations under this paragraph may provide for the function to be
exercisable by the mayors—
solely;
concurrently or jointly with another person by which the function
is already exercisable.
Regulations under this paragraph which provide for a function to be
exercisable jointly with another person may provide for the function to
also be exercisable by the other person alone.
Before making regulations under this paragraph the Secretary of State must
consult the following—
the affected strategic authorities;
the mayors of the affected strategic authorities;
the constituent councils of the affected strategic authorities;
any other person who exercises the function to which the regulations
relate, if their power to exercise it would be affected by the
regulations;
any other persons that the Secretary of State considers it appropriate
to consult.
In this paragraph “affected strategic authorities” means the strategic
authorities to whose function regulations under this paragraph relate.
Regulations may provide for a function of the mayors for the areas of —
the mayoral strategic authorities other than the established mayoral
strategic authorities, or
the established mayoral strategic authorities other than the Mayor
of London,
to be exercisable by those authorities.
Regulations under this paragraph may provide for the function to be
exercisable by the authorities—
solely;
concurrently or jointly with another person by which the function
is already exercisable.
Regulations under this paragraph which provide for a function to be
exercisable jointly with another person may provide for the function to
also be exercisable by the other person alone.
Before making regulations under this paragraph the Secretary of State must
consult the following—
the affected mayors;
the strategic authorities for whose areas the affected mayors are the
mayor;
the constituent councils of those strategic authorities;
any other person who exercises the function to which the regulations
relate;
any other persons that the Secretary of State considers it appropriate
to consult.
In this paragraph “affected mayors” means the mayors to whose function
regulations under this paragraph relate.
Regulations may provide for a function of any of the following (the “current
GLA holder”)—
the GLA;
the Mayor of London;
a GLA functional body;
to be exercisable by another of them (the “new GLA holder”).
Regulations under this paragraph may provide for the function to be
exercisable by the new GLA holder—
solely;
concurrently or jointly with another person by which the function
is already exercisable.
Regulations under this paragraph which provide for a function to be
exercisable jointly with another person may provide for the function to
also be exercisable by the current GLA holder or other person alone.
Before making regulations under this paragraph the Secretary of State must
consult the following—
the Mayor of London;
the London Assembly;
in a case where the current GLA holder or new GLA holder is a
GLA functional body, that functional body;
the London Borough councils;
the Common Council of the City of London;
any other person who exercises the function to which the regulations
relate, if their power to exercise it would be affected by the
regulations;
any other persons that the Secretary of State considers it appropriate
to consult.
Regulations may make provision about the exercise of a function by any
of these classes of strategic authorities (except for provision about voting
on decisions to exercise the function — see Part
4
of this Schedule)—
the single foundation strategic authorities;
the single foundation strategic authorities that are district councils;
the single foundation strategic authorities that are county councils;
the combined foundation strategic authorities;
the mayoral strategic authorities other than the established mayoral
strategic authorities;
the established mayoral strategic authorities other than the GLA.
Before making regulations under this paragraph the Secretary of State must
consult the following—
the affected strategic authorities;
the constituent councils of any affected strategic authorities that are
combined authorities or CCAs;
any other person who exercises the function to which the regulations
relate, if their power to exercise it would be affected by the
regulations;
any other persons that the Secretary of State considers it appropriate
to consult.
In this paragraph “affected strategic authorities” means the strategic
authorities to whose function regulations under this paragraph relate.
Regulations may make provision about the exercise of a function by the
mayors of any of these classes of strategic authorities—
the mayoral strategic authorities other than the established mayoral
strategic authorities;
the established mayoral strategic authorities other than the GLA.
Before making regulations under this paragraph the Secretary of State must
consult the following—
the affected mayors;
the strategic authorities for whose areas the affected mayors are the
mayor;
the constituent councils of those strategic authorities;
any other person who exercises the function to which the regulations
relate, if their power to exercise it would be affected by the
regulations;
any other persons that the Secretary of State considers it appropriate
to consult.
In this paragraph “affected mayors” means the mayors to whose function
regulations under this paragraph relate.
Regulations may make provision about the exercise of a function by—
the GLA,
the Mayor of London, or
a GLA functional body,
except for provision about voting on decisions to exercise the function.
Before making regulations under this paragraph the Secretary of State must
consult the following—
the Mayor of London;
the London Assembly;
in the case of a function of a GLA functional body, that functional
body;
the London Borough councils;
the Common Council of the City of London;
any other person who exercises the function to which the regulations
relate, if their power to exercise it would be affected by the
regulations;
any other persons that the Secretary of State considers it appropriate
to consult.
The provision that may be made under this Part of this Schedule includes
provision for—
consent to be obtained before the function can be exercised;
consultation to take place before the function can be exercised;
conditions to be met before the function can be exercised;
the function to be exercisable subject to conditions or limitations
specified in the regulations;
a function to be exercisable—
solely;
concurrently or jointly with another person by which the
function is already exercisable;
joint working arrangements in connection with the function (for
example, provision for the function to be exercised by a joint
committee).
Regulations under this Part of this Schedule which provide for a function
to be exercisable jointly with another person may provide for the function
to also be exercisable by that other person alone.
Regulations may make provision about voting, by any of these classes of
strategic authorities, on decisions to exercise a particular function—
the combined foundation strategic authorities;
the mayoral strategic authorities other than the established mayoral
strategic authorities;
the established mayoral strategic authorities other than the GLA.
The provision that may be made under this paragraph includes provision
for—
a decision to be made by a CCA or CCAs otherwise than in
accordance with section
13A
of LURA 2023;
a decision to be made by a combined authority or combined
authorities otherwise than in accordance with section
104CA
of
LDEDCA 2009;
a decision to require a particular kind of majority (including a
majority which includes a vote or votes of a particular kind of
person).
Before making regulations under this paragraph the Secretary of State must
consult the following—
the affected strategic authorities;
the constituent councils of any affected strategic authorities that are
combined authorities or CCAs;
any other person who exercises the function to which the regulations
relate, if their power to exercise it would be affected by the
regulations;
any other persons that the Secretary of State considers it appropriate
to consult.
In this paragraph “affected strategic authorities” means the strategic
authorities to whose decision-making regulations under this paragraph
relate.
Regulations under this Schedule may, in particular, include provision to
abolish the public authority in a case where, as a result of the regulations,
it will no longer have any functions.
Regulations under this Schedule may not provide for a regulatory function
that is exercisable by a public authority in relation to the whole of England
to be exercisable by the recipients if the regulated function is itself
exercisable by any or all of the recipients.
In this paragraph—
“
recipient” means an authority, mayor or body on which a function
would be or has been conferred by regulations under this Schedule;
“
regulated function” means the function of carrying out an activity to
which a regulatory function relates;
“
regulatory function” has the meaning given by section 32 of the
Legislative and Regulatory Reform Act 2006.
This paragraph applies where regulations under this Schedule contain a
reference to a document specified or described in the regulations (for
example, in imposing a condition by virtue of paragraph
11
(1)
(d)
for
recipients to have regard to, or to comply with, a statement of policy or
standards set out in the document).
If it appears to the Secretary of State necessary or expedient for the reference
to the document to be construed—
as a reference to that document as amended from time to time, or
as including a reference to a subsequent document that replaces
that document,
the regulations may make express provision to that effect.
This paragraph applies to a power under this Schedule to make provision
in relation to a function and a class of strategic authorities or mayors (the
“relevant class”).
The power must be read as enabling regulations to make the provision in
relation to the function and relevant class even if that function is not, or
would not be, capable of exercise by some of the strategic authorities or
mayors within that class for any reason.
Those reasons include the function being exercisable in relation to a thing
or location which does not exist in the area of a strategic authority.
Regulations under this Schedule may amend, apply (with or without
modifications), disapply, repeal or revoke any legislation whenever passed
or made.
Regulations may make permitted provision for a period specified in the
regulations (the “piloting period”).
The piloting period must initially be a period of three years or shorter.
But—
the Secretary of State may by regulations provide that the piloting
period is to continue after the time when it would otherwise expire
for a period not exceeding two years (and may make such
regulations more than once);
a pilot scheme may be replaced by a further pilot scheme making
the same or similar provision.
A pilot scheme may not make provision which relates to a strategic
authority, mayor or GLA functional body unless that authority, mayor or
body consents to the provision.
This paragraph applies to permitted provision that may be made under
another Part of this Schedule only in relation to a class of strategic
authorities or mayors (the “relevant class”).
A pilot scheme may make that permitted provision in relation to one or
some of the strategic authorities or mayors in that class (despite the fact
that such provision could not be made under the other Part of this
Schedule).
For that purpose—
where the relevant class consists of combined authorities and CCAs,
the constituent councils of those authorities are “linked to” those
authorities;
where the relevant class consists of mayoral strategic authorities,
the mayors for the areas of those authorities are “linked to” those
authorities;
where the relevant class consists of the mayors of combined
authorities and CCAs, those authorities are “linked to” those mayors.
A pilot scheme must include provision requiring the or each strategic
authority, mayor or GLA functional body to which the pilot scheme
relates—
to produce an impact report, and
to provide it to the Secretary of State.
The pilot scheme must specify when the impact report is to be provided
to the Secretary of State.
An “impact report” produced by a strategic authority, mayor or GLA
functional body is a report on whether, in the opinion of that authority,
mayor or body, the pilot scheme has been successful.
This paragraph applies if the time for producing the impact report in
relation to a pilot scheme has passed.
The Secretary of State must decide whether the pilot scheme has been
successful.
If the Secretary of State decides that the function pilot scheme has been
successful, the Secretary of State must also decide whether or not the
changes made by the pilot scheme should be given effect after the end of
the piloting period by the making of any of the following (the “resulting
secondary legislation”)—
regulations under any other Part of this Schedule;
an order under Chapter 2 of Part 6 of LDEDCA 2009;
regulations under Chapter 1 of Part of LURA 2023;
regulations under section 16 of the Cities and Local Government
Devolution Act 2016.
In making those decisions, the Secretary of State must—
take into account any impact report or reports produced in relation
to the pilot scheme;
consult—
the or each strategic authority, mayor or GLA functional
body to which the pilot scheme relates,
each strategic authority, mayor and GLA functional body to
which the resulting secondary legislation would relate (if it
were made), and
any other person which the Secretary of State considers it
appropriate to consult.
In this Part of this Schedule—
“
permitted provision” means provision that may be made under any
other Part of this Schedule;
“
pilot scheme” means regulations under paragraph
18
;
“
successful” has the meaning given in sub-paragraph
(2)
.
For the purposes of this Part of this Schedule, a pilot scheme is “successful”
if the changes made by it secured, or contributed to securing, the effective
exercise of functions in relation to the areas of competence.
In this Schedule “regulations” means regulations made by the Secretary of
State.
Any other regulations under this Schedule are subject to affirmative
resolution procedure.
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
“2A Proposals for merger of single tiers of local government
(1)
The Secretary of State may invite or direct a relevant principal
authority to make a proposal that there should be one or more single tiers of local government for an area which currently consists of—(a)
the area of that authority, and
(b)
one or more other eligible areas.
(2)
A principal authority is a “relevant principal authority” for the
purposes of subsection (1) if it is the district or county council for an area for which there is currently a single tier of local government.(3)
An “eligible area” is an area for which there is a single tier of local
government.(4)
An invitation or direction may—
(a)
be such that the authority may choose which eligible areas
(other than the area of that authority) should form the proposed area for the new single tier of local government;(b)
specify which eligible areas (other than the area of that
authority) should form the proposed area for the new single tier of local government.”
In section 3 (invitations, directions and proposals: supplementary)—
“(1)
A direction under section 2 or 2A may be given on or after
the day on which this subsection comes into force.(1A)
A direction under section 2 or 2A may only be given where
the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.”;
in subsection (2), after “2” insert “or 2A”;
in subsection (3), after “2” insert “or 2A”;
in subsection (5)—
after “2” insert “or 2A”;
for “that section” substitute “either of those sections”;
in subsection (6), after “2” insert “or 2A”;
in subsection (7), after “2” insert “or 2A”;
omit subsection (8).
In section 4 (request for Local Government Boundary Commission’s advice),
in subsection (1), after “2” insert “or 2A”.
In section 5 (Local Government Boundary Commission’s powers)—
in subsection (4), for the words from “the Type” to the end in relation to a proposal in response to an invitation in relation to a proposal in response to an invitation
substitute—
“(a)
or direction under section 2, the Type A, Type B,
Type C or combined proposal to which the request
for advice related, or
(b)
or direction under section 2A, the proposal to which
the request for advice related.”;
“(a)
in relation to a proposal in response to an invitation
or direction under section 2—(i)
a proposal that there should be a single tier
of local government for an area that is, or includes, the whole or part of the county concerned, and is specified in the alternative proposal, or(ii)
a proposal consisting of two or more
proposals that are within paragraph (i) (and are not alternatives to one another);(b)
in relation to a proposal in response to an invitation
or direction under section 2A, a proposal that there should be one or more single tiers of local government for an area that—(i)
includes the relevant area and one or more
other areas for which there is a single tier of local government, and(ii)
is specified in the alternative proposal.”;
in subsection (6)(a), after “(4)” insert “(a)”;
“(6A)
In this section the “relevant area” means—
(a)
the area of the relevant principal authority which
made the proposal referred to in subsection (4)(b), or(b)
where that proposal was made by more than one
relevant principal authority, the area of any of those authorities.”
In section 7 (implementation of proposals by order)—
in subsection (1), after “2” insert “or 2A”;
in subsection (4), after “a proposal” insert “in response to an
invitation or direction under section 2”;
“(4A)
For the purposes of this section an authority is “affected by”
a proposal in response to an invitation or direction under section 2A if—(a)
it is the district or county council for an area for
which there is currently a single tier of local government, and(b)
that area would fall within the proposed new single
tier of local government.”
In section 11 (implementation orders: provision that may be included)—
“(ea)
where the order makes provision for a single tier of
local government for an area that comprises or includes the area of a combined authority or combined county authority, for the abolition of the combined authority or combined county authority;”;
“(8)
In this section, “combined authority” and “combined county
authority” have the same meaning as in section 11A (see subsection (10) of that section).”
“11A Implementation orders: conversion of combined county authorities
(1)
This section applies where the implementation of a proposal in
response to an invitation or direction under section 2 or 2A means that the area of a combined county authority—(a)
will no longer meet condition A in section 9 (2) of the Levelling-Up and Regeneration Act 2023 (area of combined
county authority), but(b)
will meet condition A in section 103 (2) of the Local
Democracy, Economic Development and Construction Act 2009 (area of combined authority).(2)
The Secretary of State may by regulations make provision that the
relevant body corporate is to continue in existence but—(a)
is no longer a combined county authority, and
(b)
is instead a combined authority.
(3)
Accordingly, where regulations make provision under subsection
(2) , the combined authority and the combined county authority are
the same person in law.(4)
The Secretary of State may by regulations make provision that the
relevant office of mayor (if any) is to continue in existence but—(a)
is no longer the office of mayor for the area of the combined
county authority, and(b)
is instead the office of mayor for the area of the combined
authority.(5)
Accordingly, where regulations make provision under subsection
(4) —(a)
the office of mayor for the area of the combined authority
and the office of mayor for the area of the combined county authority is the same office in law;(b)
the person who holds the relevant office of mayor continues
to hold that office.(6)
The power to make regulations under this section includes power
to make incidental, consequential, transitional or supplementary provision.(7)
The power to make provision under subsection (6) includes (but is
not limited to) provision—(a)
for the combined authority to be treated for some or all
purposes as if it is a combined authority established under section 103 of the Local Democracy, Economic Development
and Construction Act 2009 ;(b)
for the office of mayor for the area of the combined county
authority to be treated for some or all purposes as if it is provided for under section 107A of the Local Democracy,
Economic Development and Construction Act 2009 .(8)
Provision made under this section may—
(a)
modify, disapply or apply (with or without modifications)
any enactment;(b)
repeal or revoke any enactment with or without savings.
(9)
In this section “enactment” includes—
(a)
this Act (other than a provision of this Part);
(b)
any other Act whenever passed or made;
(c)
an enactment comprised in subordinate legislation within
the meaning of the Interpretation Act 1978 (whenever passed or made).(10)
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 ;“
modify” includes amend;“
relevant body corporate” means the body corporate which the
combined county authority was established as;“
relevant office of mayor” means the office of mayor for the
area of the combined county authority.”
In section 240 (orders, regulations and guidance), in subsection (6), in the
opening words, after “regulations under section” insert “11A,”.
LGA 2000 is amended in accordance with this paragraph.
In section 9B (permitted forms of governance for local authorities in
England)—
“(1A)
But—
(a)
a local authority may operate a committee system
only—(i)
if it is operating a committee system
immediately before section 59 of the English Devolution and Community Empowerment Act 2026 comes into force, and(ii)
for as long as the operation of a committee
system is consistent with the provisions of section 9K ; and(b)
a new local authority must operate executive
arrangements which provide for a leader and cabinet executive (England).”;
in subsection (4), after the definition of “executive arrangements”
““
insert—
new local authority” means a local authority established on
or after the day on which section
59
of the English
Devolution and Community Empowerment Act 2026 comes
into force by an order made under section 7 or 10 of the
Local Government and Public Involvement in Health Act
2007;”.
“(3A)
Subsections (1) to (3) are subject to section 9B(1A)(b) (new local
authority must have a leader and cabinet executive (England)).”
“9KAA Duty to retain leader and cabinet executive
(1)
A local authority which is operating a leader and cabinet executive
(England) must not cease to operate—(a)
executive arrangements, or
(b)
a leader and cabinet executive (England).
(2)
That duty applies to a local authority whenever it began to operate
the leader and cabinet executive (England).”
The LGA 2000 is amended in accordance with this paragraph.
For section 9K (changing from one form of governance to another) This section sets out the circumstances in which a local authority If the local authority’s committee system is not protected, it must
The local authority must comply with that duty so that it moves to
a leader and cabinet executive before the end of the period of one
year beginning with the commencement day.
If the local authority’s committee system is protected, it must The review— must be undertaken and published before the end of the 1 must have regard to the need to secure effective and if it concludes that the local authority should not move to a The local authority may pass a resolution to continue to operate the
Any such resolution must be passed before the end of the 1 year
decision period.
The local authority may act in accordance with this Chapter to hold
Any such action must be taken so that—
the referendum is held before the end of the 1 year decision if the result of the referendum approves the move, the local The local authority may act in accordance with this Chapter to move
Any such action must be taken so that—
the resolution to move to a leader and cabinet executive is the local authority moves to a leader and cabinet executive If a local authority’s committee system is protected, a petition cannot the relevant protection period has ended, and This section— does not apply to a local authority if a dissolution order has ceases to apply to a local authority if a dissolution order is
Accordingly the local authority is not to move to a leader and
cabinet executive in accordance with any provision of this section
after the commencement day or (as the case may be) on or after the
day when the dissolution order is made.
For the purposes of this section, a local authority’s committee system became or remained the local authority’s governance became the local authority’s governance arrangements by In this section—
“
“
“ cease to operate the committee system, and start to operate a leader and cabinet executive
and related expressions are to be construed accordingly;
“
“ 5 year resolution protection period, and 10 year referendum protection period,
applies to the local authority;
“
“
“
substitute—
“9K
Committee system: change to leader and cabinet executive (England)
Introduction
(1)
that is operating a committee system must or may move to a leader
and cabinet executive.
Committee system not protected
(2)
move to a leader and cabinet executive; and no resolution is needed
and no referendum is to be held (despite any other provision of
this Chapter which would otherwise require or authorise a resolution
or referendum).
Protected committee system
(3)
undertake and publish a review of whether the local authority
should move to a leader and cabinet executive.
(4)
(a)
year decision period;
(b)
convenient local government for the area of the local
authority;
(c)
leader and cabinet executive, must include the reasons why
the committee system is an appropriate form of governance
for the local authority.
(5)
(6)
committee system.
(7)
a referendum on moving to a leader and cabinet executive (and
then, following the referendum, must act in accordance with this
Chapter).
(a)
period, and
(b)
authority moves to a leader and cabinet executive before the
end of the period of 1 year beginning with the day of the
referendum.
(8)
to a leader and cabinet executive without holding a referendum
(despite any other provision of this Chapter which would otherwise
require a referendum).
(a)
passed before the end of the 1 year decision period, and
(b)
before the end of the period of one year beginning with the
date of the resolution.
(9)
require a local authority to hold a referendum in accordance with
regulations under section 9MC until both—
(a)
Subsequent move to leader and cabinet executive
(10)
Local authority subject to dissolution
(11)
(a)
been made in relation to the local authority before the
commencement day;
(b)
made in relation to the local authority on or after the
commencement day.
Interpretation
(12)
is “protected” if the committee system—
(a)
arrangements following a referendum, and the 10 year
referendum protection period has not ended on the
commencement day, or
(b)
virtue of a resolution under this Part (but not following a
referendum), and the 5 year resolution protection period has
not ended on the commencement day.
(13)
commencement day” means the day on which section
59
of
the English Devolution and Community Empowerment Act
2026 comes into force;
dissolution order” means an order under section 7 or 10 of
the Local Government and Public Involvement in Health
Act 2007 providing for the dissolution of a local authority;
move to a leader and cabinet executive” means—
(a)
(b)
(England);
protected” has the meaning given in subsection
(12)
;
relevant protection period”, in relation to a local authority
whose committee system is protected, means whichever of
the—
(a)
(b)
1 year decision period” means the period of one year
beginning with the day immediately after the last day of the
relevant protection period;
5 year resolution protection period”, in relation to a resolution
under this Part by virtue of which the committee system
became the local authority’s governance arrangements, means
the period of 5 years beginning with the day on which the
resolution was passed;
10 year referendum protection period”, in relation to a
referendum following which the committee system became
or remained the local authority’s governance arrangements,
means the period of 10 years beginning with the day on
which the referendum was held.”
“(3A)
In section 9L (implementation: change in form of governance or change in
form of executive)—
in subsection (1)(a), for “(change from one form of governance to
another)” substitute “(Committee system: change to leader and
cabinet executive (England))”;
“(4)
If the local authority is—
(a)
ceasing to operate the committee system, and
(b)
starting to operate a leader and cabinet executive
(England),in compliance with section 9K, a “relevant change time” for the purposes of subsection (2) is a time during the day that is specified in the resolution making the change in governance arrangements as the day on which that change is to take place.”.
This paragraph applies to a change to governance arrangements under
Chapter 4 of Part 1A LGA 2000 if—
under the change, the local authority would begin to operate a
mayor and cabinet executive, and
the local authority has not started to operate the mayor and cabinet
executive before this section comes into force.
The local authority—
must not cease operating the old form of governance or (as the case
may be) old form of executive, and
must not start operating the mayor and cabinet executive,
in accordance with the change to governance arrangements.
In a case where the old form of governance is the committee system, this
paragraph does not limit the duty under section 9K LGA 2000 (as amended
by paragraph
2
) to—
cease to operate the committee system, and
start to operate a leader and cabinet executive (England).
LGA 2000 is amended as follows—
in section 9KA (executive arrangements: different form of executive)—
for the heading substitute “Mayor and cabinet executive: adoption
of leader and cabinet executive”;
“(A1)
This section applies to a local authority if it is operating a
mayor and cabinet executive.(1)
The local authority—
(a)
may vary its executive arrangements so that they
provide for a leader and cabinet executive (England), and(b)
may vary its executive arrangements in such other
respects (if any) as it considers appropriate.”;
omit subsection (2).
in section 9KC (resolution of local authority), omit subsection (5).
In section 9L (implementation: change in form of governance or change in
form of executive)—
in subsection (1)(b), for “(change to a different form of executive)”
substitute “(mayor and cabinet executive: adoption of leader and
cabinet executive)”;
omit subsection (5).
In section 9MC (referendum following petition)—
in subsection (1), for “relevant type of governance arrangement”
substitute “leader and cabinet executive (England)”;
omit subsection (5).
In section 9MD (referendum following direction)—
in subsection (1), for “relevant type of governance arrangements
specified in the direction” substitute “leader and cabinet executive
(England)”;
omit subsection (4).
In section 9ME (referendum following order)—
in subsection (1), for “relevant type of governance arrangements
specified in the order” substitute “leader and cabinet executive
(England)”;
omit subsection (4).
In section 9MF (further provision with respect to referendums)—
in subsection (1), omit paragraph (a);
omit subsections (2) and (3).
Omit section 9N (requiring referendum on change to mayor and cabinet
executive).
LGA 2000 is amended in accordance with this paragraph.
In section 9B (permitted forms of governance for local authorities in
England)—
in subsection (1)(a), after “arrangements” insert “or”;
omit subsection (1)(c) (and the word “or” preceding it);
in subsection (4), omit the definition of “prescribed arrangements”.
Omit section 9BA (power of Secretary of State to prescribe additional
permitted governance arrangements).
in section 9OA (interpretation)—
omit subsection (3)(d);
in subsection (4), omit paragraph (c).
In section 9R (interpretation of Part 1A), in subsection (1), omit the definition
of “prescribed arrangements”.
LGA 2000 is amended in accordance with this paragraph.
In section 9KC (resolution of local authority)—
in subsection (2)(b), for “in one or more newspapers circulating in
its area a notice” substitute “, in such manner as the local authority
thinks appropriate, information”;
in subsection (4), in the words before paragraph (a), for “5 years”
substitute “4 years”.
In section 9MA (referendum: proposals by local authority), in subsection
(7)(b), for “in one or more newspapers circulating in its area a notice”
substitute “, in such manner as the local authority thinks appropriate,
information”.
In section 9MF (further provision with respect to referendums)—
in subsection (1), in the words before paragraph (a), for “ten years”
substitute “4 years”;
in subsection (3B), for “10 years” substitute “4 years”;
in subsection (3E)(a), for “10 years” substitute “4 years”.
The GLAA 1999 is amended as follows.
In section 4 (voting at ordinary elections)—
in
subsection (1)
(a)
, after “vote” insert “(referred to in this Part as
a mayoral vote)”;
in
subsection (2)
, after “system,” insert “, unless there are three or
more candidates”;
“(3)
If there are three or more candidates to be the Mayor—
(a)
the Mayor is to be returned under the supplementary
vote system in accordance with Part 1 of Schedule 2 to this Act, and(b)
a voter’s mayoral vote is accordingly a vote capable
of being given to indicate the voter’s first and second preference from among the candidates.”
In section 16 (filling a vacancy)—
in subsection (3) , after “one” insert “mayoral”;
“(4)
Section 4(2) and (3) of Part 1 of Schedule 2 to this Act apply
in relation to the election as they apply in relation to the election of the Mayor at an ordinary election.”
““
mayoral vote” has the meaning given by section 4(1)(a) (as read with
subsection (3) of that section);”.
“Part 1 Election of the Mayor
Application
1
This Part of this Schedule applies where there are three or more
candidates to be the Mayor.First preference vote and second preference vote
2
In this Schedule—
“
first preference vote” means a mayoral vote to the extent
that it is given so as to indicate a voter’s first preference from among the candidates to be the Mayor;“
second preference vote” means a mayoral vote to the extent
that it is given so as to indicate a voter’s second preference from among the candidates to be the Mayor.Candidate with overall majority of first preference votes
3
If one of the candidates to be the Mayor receives more than half
of all the first preference votes given in the Assembly constituencies that candidate is to be returned as the Mayor.No candidate with overall majority of first preference votes
4
(1)
If none of the candidates to be the Mayor receives more than half
of all the first preference votes given in the Assembly constituencies, the following provisions of this paragraph apply.(2)
The two candidates who received the greatest number of first
preference votes given in the Assembly constituencies remain in the contest.(3)
If, by reason of an equality of first preference votes, three or more
candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.(4)
The other candidates are eliminated from the contest.
(5)
The number of second preference votes given in the Assembly
constituencies for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.(6)
That number must be added to the number of first preference
votes given for that candidate, to give the total number of preference votes for that candidate.(7)
The person who is to be returned as the Mayor is that one of the
candidates remaining in the contest who has the greatest total number of preference votes.(8)
If, by reason of an equality of total number of preference votes,
two or more candidates remaining in the contest each have the greatest total number of preference votes, the Greater London returning officer is to decide by lots which of them is to be returned as the Mayor.”
“(4)
In the case of an election of the Mayor of London, a vote deemed
in accordance with subsection (3) above to be thrown away is to be so deemed only to the extent that it is a vote given so as to indicate that the person who was under the incapacity is the voter’s first or second preference from among the candidates.”
The Police Reform and Social Responsibility Act 2011 is amended as follows.
In section 57 (voting at elections of police and crime commissioners)—
in
subsection (2)
, after “system” insert “, unless there are three or
more candidates”;
“(3)
If there are three or more candidates—
(a)
the commissioner is to be returned under the
supplementary vote system, and(b)
any vote in the election is accordingly a vote capable
of being given to indicate the voter’s first and second preference from among the candidates.(4)
Schedule 9 (the supplementary vote system) has effect.”
“Schedule 9 Supplementary vote system
Application
1
This Schedule applies to an election under Chapter 6 of Part 1 of
a police and crime commissioner for a police area at which there are three or more candidates.First preference vote and second preference vote
2
In this Schedule—
“
first preference vote” means a vote to the extent that it is
given so as to indicate a first preference from among the candidates to be the police and crime commissioner;“
second preference vote” means a vote to the extent that it
is given so as to indicate a second preference from among the candidates to be the police and crime commissioner.Candidate with overall majority of first preference votes
3
If one of the candidates to be the police and crime commissioner
receives more than half of all the first preference votes given in the police area, that candidate is to be returned as the police and crime commissioner.No candidate with overall majority of first preference votes
4
(1)
If none of the candidates to be the police and crime commissioner
receives more than half of all the first preference votes given in the police area, the following provisions of this paragraph apply.(2)
The two candidates who received the greatest number of first
preference votes given in the police area remain in the contest.(3)
If, by reason of an equality of first preference votes, three or more
candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.(4)
The other candidates are eliminated from the contest.
(5)
The number of second preference votes given in the police area
for each of the candidates remaining in the contest by votes which did not give a first preference vote to any of those candidates must be ascertained.(6)
That number must be added to the number of first preference
votes given for that candidate, to give the total number of preference votes for that candidate.(7)
The person who is to be returned as the police and crime
commissioner for the police area is that one of the candidates remaining in the contest who has the greatest total number of preference votes.(8)
If, by reason of an equality of total number of preference votes,
two or more candidates remaining in the contest each have the greatest total number of preference votes, the police area returning officer must decide by lots which of them is to be returned as the police and crime commissioner.”
The Local Government Act 2000 is amended as follows.
In section 9HC (voting at elections of elected mayors)—
in subsection (1), for “which may be given for a candidate to be the
elected mayor” substitute “(a “mayoral vote”)”;
in
subsection (2)
, after “system” insert “unless there are three or
more candidates”;
“(3)
If there are three or more candidates to be the elected
mayor—(a)
the elected mayor is to be returned under the
supplementary vote system in accordance with Schedule 1A, and(b)
a voter’s mayoral vote is accordingly a vote capable
of being given to indicate the voter’s first and second preference from among the candidates.”
In
section 9HD
(entitlement to vote), in subsection (2), after “one” insert
“mayoral”.
““
mayoral vote” has the meaning given by section 9HC(1) (as read with
subsection (3) of that section),”.
“Schedule 1A Election of elected mayor (England)
Application
1
This Schedule applies where there are three or more candidates
to be an elected mayor of a local authority in England.First preference vote and second preference vote
2
In this Schedule—
“
first preference vote” means a mayoral vote to the extent
that it is given so as to indicate a voter’s first preference from among the candidates to be the elected mayor;“
second preference vote” means a mayoral vote to the extent
that it is given so as to indicate a voter’s second preference from among the candidates to be the elected mayor.Candidate with overall majority of first preference votes
3
If one of the candidates to be the elected mayor receives more
than half of all the first preference votes given in the election that candidate is to be returned as the elected mayor.No candidate with overall majority of first preference votes
4
(1)
If none of the candidates to be the elected mayor receives more
than half of all the first preference votes given in the election, the following provisions of this paragraph apply.(2)
The two candidates who received the greatest number of first
preference votes given in the election remain in the contest.(3)
If, by reason of an equality of first preference votes, three or more
candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.(4)
The other candidates are eliminated from the contest.
(5)
The number of second preference votes given in the election for
each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.(6)
That number must be added to the number of first preference
votes given for that candidate, to give the total number of preference votes for that candidate.(7)
The person who is to be returned as the elected mayor is that
one of the candidates remaining in the contest who has the greatest total number of preference votes.(8)
If, by reason of an equality of total number of preference votes,
two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the elected mayor.”
In
Schedule 2
(Election of elected mayor), in the heading, after “mayor”
insert “(Wales)”.
Schedule 5B to LDEDCA 2009 (mayors for combined authorities: further
provision) is amended as follows.
In paragraph 4 —
in
sub-paragraph (1)
, for “which may be given for a candidate to
be the mayor” substitute “(a “mayoral vote”)”;
in
sub-paragraph (2)
, after “system” insert “unless there are three
or more candidates”;
“(3)
If there are three or more candidates to be the mayor—
(a)
the elected mayor is to be returned under the
supplementary vote system in accordance with paragraph 5, and(b)
a voter’s mayoral vote is accordingly a vote capable
of being given to indicate the voter’s first and second preference from among the candidates.”
“5
(1)
This paragraph applies where there are three or more candidates
to be a mayor.(2)
In this Schedule—
“
first preference vote” means a mayoral vote to the extent
that it is given so as to indicate a voter’s first preference from among the candidates to be the mayor;“
second preference vote” means a mayoral vote to the extent
that it is given so as to indicate a voter’s second preference from among the candidates to be the mayor.(3)
If one of the candidates to be the mayor receives more than half
of all the first preference votes given in the election that candidate is to be returned as the mayor.(4)
If none of the candidates to be the mayor receives more than half
of all the first preference votes given in the election, the following provisions of this paragraph apply.(5)
The two candidates who received the greatest number of first
preference votes given in the election remain in the contest.(6)
If, by reason of an equality of first preference votes, three or more
candidates are qualified to remain in the contest by virtue of sub-paragraph (5) , all of them remain in the contest.(7)
The other candidates are eliminated from the contest.
(8)
The number of second preference votes given in the election for
each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.(9)
The person who must be returned as the mayor is that one of
the candidates remaining in the contest who has the greatest total number of preference votes.(10)
If, by reason of an equality of total number of preference votes,
two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the mayor.(11)
In this paragraph “mayoral vote” has the meaning given by
paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).”
In paragraph 6 —
in sub-paragraph (2) , after “one” insert “mayoral”;
in
sub-paragraph (3)
, after the definition of “local government
““
elector” insert—
mayoral vote” has the meaning given by paragraph 4(1) (as
read with sub-paragraph (3) of that paragraph).”
Schedule 2
to
LURA 2023
(mayors for combined county authority areas:
further provisions about elections) is amended as follows.
In paragraph 4 —
in
sub-paragraph (1)
, for “which may be given for a candidate to
be the mayor” substitute “(a “mayoral vote”)”;
in
sub-paragraph (2)
, after “system” insert “, unless there are three
or more candidates”;
“(3)
If there are three or more candidates to be the mayor—
(a)
the mayor is to be returned under the
supplementary vote system in accordance with paragraph 4A, and(b)
a voter’s mayoral vote is accordingly a vote capable
of being given to indicate the voter’s first and second preference from among the candidates.”
“4A
(1)
This paragraph applies where there are three or more candidates
to be a mayor.(2)
In this Schedule—
“
first preference vote” means a mayoral vote to the extent
that it is given so as to indicate a voter’s first preference from among the candidates to be the mayor;“
second preference vote” means a mayoral vote to the extent
that it is given so as to indicate a voter’s second preference from among the candidates to be the mayor.(3)
If one of the candidates to be the mayor receives more than half
of all the first preference votes given in the election that candidate is to be returned as the mayor.(4)
If none of the candidates to be the mayor receives more than half
of all the first preference votes given in the election, the following provisions of this paragraph apply.(5)
The two candidates who received the greatest number of first
preference votes given in the election remain in the contest.(6)
If, by reason of an equality of first preference votes, three or more
candidates are qualified to remain in the contest by virtue of sub-paragraph (5) , all of them remain in the contest.(7)
The other candidates are eliminated from the contest.
(8)
The number of second preference votes given in the election for
each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.(9)
The person who must be returned as the mayor is that one of
the candidates remaining in the contest who has the greatest total number of preference votes.(10)
If, by reason of an equality of total number of preference votes,
two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the mayor.(11)
In this paragraph “mayoral vote” has the meaning given by
paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).”
In paragraph 5 —
in sub-paragraph (2) , after “one” insert “mayoral”;
in
sub-paragraph (3)
, after the definition of “local government
““
elector” insert—
mayoral vote” has the meaning given by paragraph 4(1) (as
read with sub-paragraph (3) of that paragraph).”
In Part 5 of the Localism Act 2011 (community empowerment), after Chapter A local authority must maintain a list of land in its area that is land The list maintained under
subsection (1)
by a local authority is to The list maintained under
subsection (1)
must set out the following any land of community value that is a sporting asset of any land of community value that falls within
section 86B
(3)
(assets supporting sporting assets of community value).
Where land is included in a local authority’s list of assets of The Secretary of State may by regulations amend
subsection (4)
for Where land is included in a local authority’s list of assets of Subsections (4) and (6) do not apply where an entry has been The Secretary of State may by regulations make further provision the form in which the list is to be kept; contents of an entry in the list (including matters not to be modification of an entry in the list; removal of an entry from the list; cases where land is to be included in the list and— different parts of the land are in different ownership there are multiple estates or interests in the land or combination of the list with the local authority’s list of land Subject to any provision made by or under this Chapter, it is for a For the purposes of this Chapter but subject to regulations under
subsection (4)
, a building or other land in a local authority’s area an actual current use of the building or other land that is it is realistic to think that there can continue to be For the purposes of this Chapter but subject to regulations under
subsection (4)
, a building or other land in a local authority’s area there was a time in the past when an actual use of the it is realistic to think that there will be a time in the next For the purposes of this Chapter but subject to regulations under
subsection (4)
, a building or other land in a local authority’s area The Secretary of State may by regulations— provide that a building or other land is not land of provide that a building or other land in a local authority’s A description specified under
subsection (4)
may be framed by In relation to any land, those matters include (in particular)— the owner of any estate or interest in any of the land or in any occupier of any of the land or of other land; the nature of any estate or interest in any of the land or in any use to which any of the land or other land has been, is statutory provisions, or things done under statutory any of the land or other land, or any price, or value for any purpose, of any of the land or In this section—
“ cultural interests; recreational interests; sporting interests;
“ an Act, or an instrument made under an Act. For the purposes of this Chapter land of community value is a In this Chapter, the “relevant local authority” in relation to land of Land in a local authority’s area which is of community value may in response to a community nomination, where permitted by regulations made by the Secretary of where a local authority is required to do so under
section For the purposes of this Chapter “community nomination”, in nominates land in the local authority’s area for inclusion in is made— by a parish council in respect of land in the parish a person that is a voluntary or community body with Regulations under
subsection (1)
(b)
may (in particular) permit land The Secretary of State may by regulations make provision as to— the meaning in
subsection (2)
(b)
(ii)
of “voluntary or the conditions that have to be met for a person to have a the contents of community nominations; the contents of any other nominations which, as a result of The Secretary of State may by regulations make provision for, or This section applies if a local authority receives a community The authority must consider the nomination. The authority must accept the nomination if the land nominated— is in the authority’s area, and is of community value. If the authority is required by
subsection (3)
to accept the The nomination is unsuccessful if
subsection (3)
does not require If the nomination is unsuccessful, the authority must give, to the Subsection (2) applies where in accordance with this Chapter land— is included in, or removed from,
a local authority’s list of assets of community value.
The authority must if reasonably practicable give written notice of the owner of the land, the occupier of the land if the occupier is not also the owner, if the land was included in the list in response to a any person specified, or of a description specified, in A notice under
subsection (2)
of inclusion of land in the list must the consequences for the land and its owner of the land’s the right to ask for review under
section 86H
. A notice under
subsection (2)
of removal of land from the list must Where land is to be removed from a local authority’s list of assets Where a local authority includes land in its list of assets of consider whether the land is a sporting asset of community if it considers it is, include the land in the category of the A local authority must— by the end of the initial review period, and as soon as reasonably practicable after each review date,
consider whether there is any land in its area (whether or not
already in its list of assets of community value) which in the opinion
of the authority falls within
subsection (3)
.
Land falls within this subsection if it is both— land of community value, and a sporting asset of community value. Where land falls within
subsection (3)
, the local authority must— include the land in its list of assets of community value (if include the land in the category of the list for sporting assets A local authority must if reasonably practicable notify each interested A notice under
subsection (5)
must draw attention to— the consequences for the land and its owner of the land’s the right to ask for a review under
section 86H
of the the ability for land falling within
section 86B
(3)
in relation In this section—
“
“ the owner of the land, the occupier of the land if the occupier is not also if the land was included in the list of assets of
“ for the purposes of calculating the first review date, for the purposes of calculating each subsequent The owner of land included in a local authority’s list of assets of The owner of land included in a local authority’s list of assets of A voluntary or community body who made a community If a request is made— in accordance with the time limits (if any) provided for in
the authority concerned must review its decision.
Where under
subsection (4)
an authority reviews a decision, the of the decision on the review, and of the reasons for the decision. If the decision on a review under
subsection (4)
is that the land the authority must remove the entry for the land from the where the land was included in the list in response to a the nomination becomes unsuccessful, and the authority must give a written copy of the reasons If the decision on a review under
subsection (4)
is that the land If the decision on a review under
subsection (4)
is that the land The Secretary of State may by regulations make provision as to the Regulations under
subsection (9)
may (in particular) include as to time limits; requiring the decision on the review to be made by a person as to the circumstances in which the person asking for the for appeals against the decision on the review. The list maintained under
subsection (1)
by a local authority is to Where land is included in a local authority’s list of land nominated may (but need not) be removed from the list by the authority while it is in the list, is to include the reasons given under
section 86E
(6)
or
86H
(5)
(b)
for not including the land in the Subject to any provision made by or under this Chapter, it is for a A local authority must publish— its list of assets of community value, and its list of land nominated by unsuccessful community A local authority must at a place in its area make available, for free a copy of its list of assets of community value, and a copy of its list of land nominated by unsuccessful A local authority must provide a free copy of its list of assets of A local authority must provide a free copy of its list of land In this section “free” means free of charge. A person who is an owner of land included in a local authority’s Subsection (1) does not apply in relation to a relevant disposal of if the disposal is by way of gift (including a gift to trustees if the disposal is by personal representatives of a deceased if the disposal is by personal representatives of a deceased pay debts of the deceased person, pay taxes, pay costs of administering the deceased person’s pay pecuniary legacies or satisfy some other if the person, or one of the persons, making the disposal is if the disposal is a part-listed disposal of a description part of which is land included in a local authority’s part of which is land not included in any local if the disposal is of an estate in land on which a business is if the disposal is occasioned by a person ceasing to be, or if the disposal is by trustees of any trusts— in satisfaction of an entitlement under the trusts, or in exercise of a power conferred by the trusts to if the disposal is occasioned by a person ceasing to be, or in cases of a description specified in regulations made by For the purposes of
subsection (2)
(d)
, a person (“M”) is a member that other person’s spouse or civil partner, or a lineal descendant of a grandparent of that other person. For the purposes of
subsection (3)
(b)
a relationship by marriage or For the meaning of “relevant disposal”, and for when a relevant This section applies for the purposes of this Chapter. A disposal of the freehold estate in land is a relevant disposal of A grant or assignment of a qualifying leasehold estate in land is a If a relevant disposal within
subsection (2)
or
(3)
is made in Subject to
subsection (4)
, a relevant disposal within
subsection (2)
or
(3)
is entered into when it takes place.
In this section “qualifying leasehold estate” , in relation to any land, The Secretary of State may by regulations amend this section. The owner of land of community value must give the relevant local A notice under
subsection (1)
must identify the estate or estates in Where a notice is given under
subsection (1)
, the owner must not is of the relevant estate in land, and is to the preferred community buyer. Subsection
(3)
does not apply or ceases to apply if— there is no preferred community buyer (see
section 86N
(2)
), the relevant local authority has determined that the preferred the preferred community buyer— does not offer to buy the relevant estate in land at does not offer to buy the relevant estate in land at the owner may enter into a relevant disposal of the land to if no such disposal is entered into within that period, a new In this section, “permitted sale period” in relation to a relevant The “preferred community buyer” (if any) for the purposes of this the nominating community group where— there is such a group, the notice requirement is met, and at the time the notice requirement is met the group where there is no group falling within
paragraph (a)
, the If there is no group falling within
subsection (1)
(a)
or
(b)
in relation The “notice requirement” is met if the nominating community group In this section—
“
“
“ A community interest group may within the period for expressions The “period for expressions of interest”, in relation to land of A notice under
subsection (1)
must include the reasons why the Where— no community interest group has given notice under
subsection (1)
, there is no alternative community group for one community interest group has given notice under
subsection (1)
, that group is the alternative community group more than one community interest group has given notice Where
subsection (4)
(b)
applies, the relevant local authority must Where
subsection (4)
(c)
applies, the relevant local authority must A notice under
subsection (5)
or
(6)
must be given before the end In this section, “community interest group” has the meaning given This section applies if a local authority receives notice under
section The authority must cause the entry in the list for the land to reveal— that notice under
section 86M
(1)
has been received in respect the date when the authority received the notice, and the end of the permitted sale period and the notification If the land is included in the list in response to a community The authority must also give written notice of those matters to— any Member of Parliament whose Parliamentary constituency the councillor or councillors for any electoral area or areas The authority must make arrangements for those matters to be Any requirement on a local authority under this section must be In this section—
“ a local authority, a county council for an area for which there are a parish council;
“ This section applies where the owner of land of community value If there is a nominating community group in relation to the land give the owner written notice of this information, and include this information in the entry in the list for the land. The notice under
subsection (2)
(a)
must be given before the end of In any other case, the relevant local authority must give the owner if there is an alternative community group, of the name and that there is no alternative community group. The notice under
subsection (4)
must be given before the end of the In this section—
“
“
“
“ This section applies where— the owner of land of community value gives notice under
section 86M
(1)
, and there is a preferred community buyer in relation to the land. The relevant local authority must as far as reasonably practicable The Secretary of State may by regulations make further provision the circumstances in which the meeting may go ahead the conduct of the meeting; information to be provided at the meeting by the relevant Section
86T
applies if at the end of the negotiation period the In this section—
“
“ If this section applies (see
section 86S
(4)
), the relevant local authority The value to be assessed is the market value of the relevant estate The market value is the amount which the relevant estate in land The Secretary of State may by regulations make further provision Regulations under
subsection (4)
may include provision— about the method to be used for determining market value; about any matters which must or must not be taken into about the circumstances in which the owner of the land and The valuer must by the end of the period of eight weeks beginning The valuer must as soon as reasonably practicable give the owner If the preferred community buyer wishes to buy the relevant estate The expense of a valuation under this section is to be met by the In this section—
“
“ a valuation officer appointed under section 61 of the a district valuer within the meaning of section 622 in such circumstances as may be specified in
“
“
“ This section applies where— the owner of land of community value gives notice under
section 86M
(1)
, and there is a preferred community buyer in relation to the land. Where the land that the notice relates to is a sporting asset of determine whether at the end of the 16 week review period as soon as reasonably practicable give written notice of the Where the owner makes a request in writing, the relevant local determine whether at the end of the 6 month review period as soon as reasonably practicable give written notice of the The relevant local authority must— determine whether at the end of the 12 month review period as soon as reasonably practicable give written notice of the “Progress requirements” means such requirements relating to each Regulations under subsection (6) may make provision about the In this section—
“
“
“
“
The validity of anything done under this Chapter is not affected by
any failure by a local authority or a valuer appointed in accordance
with
section 86T
to comply with a time limit specified by or under
this Chapter.
The Secretary of State may by regulations make provision for the Regulations under subsection (1) may (in particular)— provide for any entitlement conferred by the regulations to provide for any entitlement conferred by the regulations to make provision about— who is to pay compensation payable under the who is to be entitled to compensation under the what compensation under the regulations is to be the amount, or calculation, of compensation under the procedure to be followed in connection with the review of decisions made under the regulations; appeals against decisions made under the regulations. The Secretary of State may issue guidance to local authorities about A local authority must take into account any such guidance in The guidance may include (but is not limited to) guidance about— the types of use that may further the social or economic communicating with specified persons in connection with matters relating to the indefinite listing of land as land of applying the test under
section 86B
(3)
to identify land meeting the obligations under
section 86G
in relation to Before issuing guidance under this section, the Secretary of State The requirement in
subsection (4)
may be met by consultation carried The Secretary of State may revise any guidance issued under this The Secretary of State must arrange for any guidance issued under
If land is included in a local authority’s list of assets of community
value—
inclusion in the list is a local land charge, and that authority is the originating authority for the purposes The Secretary of State may by regulations make provision— with a view to preventing, or reducing the likelihood of, as to the consequences applicable in the event of The provision that may be made under
subsection (1)
includes (in provision for transactions entered into in breach of
section provision about entries on registers relating to land. The provision that may be made under
subsection (1)
includes an Act, or an instrument made under an Act.
If different parts of any land are in different local authority areas,
the local authorities concerned must co-operate with each other in
carrying out functions under this Chapter in relation to the land or
any part of it.
The Secretary of State may do anything that the Secretary of State to anyone in relation to doing any of the following— taking steps under or for the purposes of provision preparing to, or considering or deciding whether to, to a preferred community buyer in relation to doing any of negotiating and offering to buy land that is included preparing to, or considering or deciding whether or The things that the Secretary of State may do under this section the provision of financial assistance to any body or other the making of arrangements with a body or other person, In this section— the reference to giving advice or assistance includes the reference to the provision of financial assistance is to the
This Chapter binds the Crown.
In this Chapter “local authority” means— a district council, a county council for an area in England for which there are a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly. The Secretary of State may by regulations amend this section for In this Chapter “owner”, in relation to land, is to be read as follows. The owner of any land is the person in whom the freehold estate If there is just one qualifying leasehold estate in any land, the owner If there are two or more qualifying leasehold estates in the same In this section “qualifying leasehold estate”, in relation to any land, The Secretary of State may by regulations amend this section— for the purpose of changing the definition of “owner” for for the purpose of defining “owner” for the purposes of this In this Chapter—
“
“
“ part of a building, part of any other structure, and mines and minerals, whether or not held with the
“
“
“
“
“
“ For the meaning of “list of assets of community value” see
section For the meaning of “list of land nominated by unsuccessful
2 insert—
“Chapter 2A
Assets of community value (England)
List of assets of community value
86A
List of assets of community value
(1)
of community value.
(2)
be known as its list of assets of community value.
(3)
separate categories of the list —
(a)
community value (see
section 86C
);
(b)
(4)
community value and it is not a sporting asset of community value
or land falling within
section 86B
(3)
, the entry for that land is to be
removed from the list with effect from the end of the period of 5
years beginning with the date of that entry.
(5)
the purpose of substituting, for the period specified in that
subsection for the time being, some other period.
(6)
community value and it is a sporting asset of community value or
land falling within
section 86B
(3)
, the entry for that land is to remain
on the list indefinitely.
(7)
removed with effect from some earlier time in accordance with
provision in regulations under
subsection (8)
.
(8)
in relation to a local authority’s list of assets of community value,
including (in particular) provision about—
(a)
(b)
included in an entry);
(c)
(d)
(e)
(i)
or occupation, or
(ii)
any part or parts of it;
(f)
nominated by unsuccessful community nominations (see
section 86I
).
(9)
local authority to decide the form and contents of its list of assets
of community value.
86B
Land of community value
(1)
is land of community value if in the opinion of the authority—
(a)
not an ancillary use furthers the economic or social wellbeing
or economic or social interests of the local community, and
(b)
non-ancillary use of the building or other land which will
further (whether or not in the same way) the economic or
social wellbeing or economic or social interests of the local
community.
(2)
that is not land of community value as a result of
subsection (1)
is
land of community value if in the opinion of the local authority—
(a)
building or other land that was not an ancillary use furthered
the economic or social wellbeing or economic or social
interests of the local community, and
(b)
five years when there could be non-ancillary use of the
building or other land that would further (whether or not
in the same way as before) the economic or social wellbeing
or economic or social interests of the local community.
(3)
is land of community value if in the opinion of the authority an
actual current use of the building or other land provides support
for the use of other land as a sporting asset of community value
(see
section 86C
).
(4)
(a)
community value if the building or other land is specified
in the regulations or is of a description specified in the
regulations;
(b)
area is not land of community value if the local authority
or some other person specified in the regulations considers
that the building or other land is of a description specified
in the regulations.
(5)
reference to such matters as the Secretary of State considers
appropriate.
(6)
(a)
other land;
(b)
(c)
other land;
(d)
being or could be put;
(e)
provisions, that have effect (or do not have effect) in relation
to—
(i)
(f)
other land.
(7)
social interests” includes (in particular) each of the following—
(a)
(b)
(c)
statutory provision” means a provision of—
(a)
(b)
86C
Sporting assets of community value
(1)
sporting asset of community value if in the opinion of the relevant
local authority the land comprises a sports ground within the
meaning of the Safety of Sports Grounds Act 1975 (see section 17
of that Act).
(2)
community value is the local authority on whose list of assets of
community value the land is listed.
86D
Procedure for including land in list
(1)
be included by a local authority in its list of assets of community
value only—
(a)
(b)
State, or
(c)
86G
(4)
(a)
.
(2)
relation to a local authority, means a nomination which—
(a)
the local authority’s list of assets of community value, and
(b)
(i)
council’s area, or
(ii)
a local connection.
(3)
to be included in a local authority’s list of assets of community
value in response to a nomination other than a community
nomination.
(4)
(a)
community body”;
(b)
local connection for the purposes of
subsection (2)
(b)
(ii)
;
(c)
(d)
regulations under
subsection (1)
(b)
, may give rise to land
being included in a local authority’s list of assets of
community value.
(5)
in connection with, the procedure to be followed where a local
authority is considering whether land should be included in its list
of assets of community value.
86E
Procedure on community nominations
(1)
nomination.
(2)
(3)
(a)
(b)
(4)
nomination, the authority must cause the land to be included in the
authority’s list of assets of community value.
(5)
the authority to accept the nomination.
(6)
person who made the nomination, the authority’s written reasons
for its decision that the land could not be included in its list of
assets of community value.
86F
Notice of inclusion or removal
(1)
(a)
(b)
(2)
the inclusion or removal to the following persons—
(a)
(b)
(c)
community nomination, the person who made the
nomination, and
(d)
regulations made by the Secretary of State.
(3)
describe the provision made by and under this Chapter, drawing
particular attention to—
(a)
inclusion in the list, and
(b)
(4)
state the reasons for the removal.
(5)
of community value, any notice given under
subsection (2)
must be
given at least six months before the date on which it is to be
removed.
86G
Requirements of local authorities: sporting assets of community
value
(1)
community value in accordance with
section 86D
(1)
(a)
or
(b)
, the
authority must—
(a)
value, and
(b)
list for sporting assets of community value.
(2)
(a)
(b)
(3)
(a)
(b)
(4)
(a)
not already so included), and
(b)
of community value.
(5)
person in writing where land is included in the category of the list
of assets of community value for sporting assets of community
value.
(6)
(a)
inclusion in that category of the list for sporting assets of
community value,
(b)
inclusion of the land in that category of the list, and
(c)
to a sporting asset of community value to be included in the
list of assets of community value.
(7)
initial review period” means the period of six months
beginning with the day on which this section comes into
force;
interested person” in relation to land means—
(a)
(b)
the owner, and
(c)
community value in response to a community
nomination, the person who made the nomination;
review date” means the end of the period of five years
beginning with—
(a)
the end of the initial review period;
(b)
review date, the previous review date.
86H
Review of decisions relating to list
(1)
community value may ask the authority to review the authority’s
decision to include the land in the list.
(2)
community value as a sporting asset of community value may ask
the authority to review the authority’s decision to include the land
in that category of the list.
(3)
nomination to a local authority in relation to land may ask the
authority to review a decision not to include the land in the list.
(4)
(b)
regulations under
subsection (9)
,
(5)
authority must notify the person who asked for the review—
(a)
(b)
(6)
concerned should not have been included in the authority’s list of
assets of community value—
(a)
list, and
(b)
community nomination—
(i)
(ii)
mentioned in
subsection (5)
(b)
to the person who
made the nomination.
(7)
concerned should not have been included in the authority’s list of
assets of community value as a sporting asset of community value
the authority must remove the entry for the land from that category
of the list.
(8)
concerned should have been included in the authority’s list of assets
of community value, the authority must cause the land to be
included in the list.
(9)
procedure to be followed in connection with a review under this
section.
(10)
provision—
(a)
(b)
of appropriate seniority who was not involved in the original
decision;
(c)
review is entitled to an oral hearing, and whether and by
whom that person may be represented at the hearing;
(d)
List of land nominated by unsuccessful community nominations
86I
List of land nominated by unsuccessful community nominations
(1)
(2)
be known as its list of land nominated by unsuccessful community
nominations.
(3)
by unsuccessful community nominations, the entry in the list for
the land—
(a)
after it has been in the list for 5 years, and
(b)
authority’s list of assets of community value.
(4)
local authority to decide the form and contents of its list of land
nominated by unsuccessful community nominations.
Provisions common to both lists
86J
Publication and inspection of lists
(1)
(a)
(b)
nominations.
(2)
inspection by any person, both—
(a)
(b)
community nominations.
(3)
community value to any person who asks it for a copy, but is not
required to provide to any particular person more than one free
copy of the same version of the list.
(4)
nominated by unsuccessful community nominations to any person
who asks it for a copy, but is not required to provide to any
particular person more than one free copy of the same version of
the list.
(5)
Community groups: right to buy
86K
Effect of inclusion on the list
(1)
list of assets of community value (“the owner of land of community
value”) must not enter into a relevant disposal of all or part of the
land unless the disposal is made in accordance with the provisions
of this Chapter.
(2)
land—
(a)
of any trusts by way of settlement upon the trusts),
(b)
person in satisfaction of an entitlement under the will, or on
the intestacy, of the deceased person,
(c)
person in order to raise money to—
(i)
(ii)
(iii)
estate, or
(iv)
entitlement under the will, or on the intestacy, of the
deceased person,
(d)
a member of the family of the person, or one of the persons,
to whom the disposal is made,
(e)
specified in regulations made by the Secretary of State, and
for this purpose “part-listed disposal” means a disposal of
an estate in land—
(i)
list of assets of community value, and
(ii)
authority’s list of assets of community value,
(f)
carried on and is at the same time, and to the same person,
as a disposal of that business as a going concern,
(g)
becoming, a trustee,
(h)
(i)
(ii)
re-settle trust property on other trusts,
(i)
becoming, a partner in a partnership, or
(j)
the Secretary of State.
(3)
of the family of another person if M is—
(a)
(b)
(4)
civil partnership is to be treated as a relationship by blood.
(5)
disposal is entered into, see
section 86L
.
86L
Meaning of “relevant disposal” etc
(1)
(2)
the land if it is a disposal with vacant possession.
(3)
relevant disposal of the land if it is a grant or assignment with
vacant possession.
(4)
pursuance of a binding agreement to make it, the disposal is entered
into when the agreement becomes binding.
(5)
(6)
means an estate by virtue of a lease of the land for a term which,
when granted, had at least 25 years to run.
(7)
86M
Notice of proposed sale: community right to buy
(1)
authority written notice of the owner’s wish to enter into a relevant
disposal of the land.
(2)
land which is or are to be disposed of or granted or assigned by
the relevant disposal (“the relevant estate in land”).
(3)
enter into a relevant disposal of the land unless the disposal—
(a)
(b)
(4)
(a)
(b)
community buyer does not meet the progress requirements
after any of the review periods (see section 86U), or
(c)
(i)
the price agreed with the owner by the end of the
negotiation period (see
section 86S
(4)
), and
(ii)
the value price by the end of the offer period (see
section 86T
(8)
).
(5)
(a)
any person within the permitted sale period;
(b)
notice must be given in accordance with
subsection (1)
if the
landlord wishes to enter into a relevant disposal of the land
after that period.
(6)
disposal of land, means the period of 18 months beginning with
the date on which the notice of a wish to enter into a relevant
disposal was given under
subsection (1)
.
86N
The “preferred community buyer”
(1)
Chapter in relation to land of community value is—
(a)
(i)
(ii)
(iii)
is a community interest group, or
(b)
alternative community group determined in accordance with
section 86P
.
(2)
to land of community value, there is no preferred community buyer
for the purposes of this Chapter in relation to the land.
(3)
gives written notice of its intention to buy the land to the relevant
local authority within the notification period.
(4)
community interest group” means a person specified, or of a
description specified, in regulations made by the Secretary
of State;
nominating community group” means a voluntary or
community body or parish council on the basis of whose
community nomination the land was included in a local
authority’s list of community assets;
notification period” is the period of six weeks beginning with
the date the nominating community group received the notice
given under
section 86Q
(3)
.
86P
The alternative community group
(1)
of interest relating to land of community value give written notice
to the relevant local authority of the group’s intention to buy the
land.
(2)
community value, is the period of eight weeks beginning with the
date on which the local authority updates the list for the land to
include the matters mentioned in
section 86Q
(2)
(a)
to
(c)
.
(3)
group wants to buy the land.
(4)
(a)
the purposes of
section 86N
(1)
(b)
;
(b)
for the purposes of
section 86N
(1)
(b)
;
(c)
under
subsection (1)
, the relevant local authority must make
a determination as to which group is the alternative
community group for the purposes of
section 86N
(1)
(b)
.
(5)
give written notice to the community interest group which has given
notice under
subsection (1)
that it is the alternative community
group for the purposes of
section 86N
(1)
(b)
.
(6)
give written notice of the determination to each community interest
group which has given notice under
subsection (1)
.
(7)
of the period of 14 days beginning with the end of the period for
expressions of interest.
(8)
by
section 86N
(4)
.
86Q
Publicising receipt of notice under
section 86M
(1)
(1)
86M
(1)
in respect of land included in the authority’s list of assets
of community value.
(2)
(a)
of the land,
(b)
(c)
period that apply under
section 86M
or
86N
as a result of
the notice.
(3)
nomination, the authority must give written notice to the person
who made the nomination of the matters mentioned in
subsection
(2)
(a)
,
(b)
and
(c)
.
(4)
(a)
includes any part of the land;
(b)
in which the land or any part of it is situated.
(5)
publicised in the area where the land is situated.
(6)
met before the end of the period of 14 days beginning with the day
of receipt by the local authority of the notice under
section 86M
(1)
.
(7)
councillor” means a member of—
(a)
(b)
district councils, or
(c)
electoral area” means any electoral division or ward or (in the
case of a parish for which there are no wards) the parish.
86R
Further notification requirements
(1)
gives notice under
section 86M
(1)
.
(2)
who has met the notice requirement, the relevant local authority
must—
(a)
(b)
(3)
the period of 14 days beginning with the end of the notification
period.
(4)
written notice—
(a)
address of that group, or
(b)
(5)
period of 14 days beginning with the end of the period for
expressions of interest.
(6)
alternative community group” means the group determined
in accordance with
section 86P
;
nominating community group” has the meaning given by
section 86N
(4)
;
notice requirement” and “notification period” have the
meaning given by
section 86N
;
period for expressions of interest” has the meaning given by
section 86P
.
86S
Negotiation of price and agreed offer
(1)
(a)
(b)
(2)
arrange a joint meeting with the owner of the land and the preferred
community buyer.
(3)
about the meeting including provision about—
(a)
without either the owner of the land or the preferred
community buyer;
(b)
(c)
local authority (including information about the process and
the periods within which any requirements must be met
under this Chapter).
(4)
preferred community buyer has not offered to buy the relevant
estate in land at a price agreed with the owner.
(5)
negotiation period” is the period of eight weeks beginning
with the date the notice was given under
section 86R
(2)
(a)
or
86R
(4)
;
relevant estate in land” has the meaning given by
section
86M
(2)
.
86T
Valuation and offer
(1)
must by the end of the appointment period appoint an authorised
officer to assess the value of the land (“the valuer”).
(2)
in land on the date the notice was given under
section 86M
(1)
.
(3)
could have been expected to realise if it had been sold on the open
market by a willing seller to a willing buyer on that date.
(4)
about the determination of the market value of an estate in land
for the purposes of this section.
(5)
(a)
(b)
account when determining the market value;
(c)
the preferred community buyer may make written
representations to the valuer (and requiring the valuer to
take those representations into account).
(6)
with the date of the valuer’s appointment determine the market
value of the relevant estate in land (“the value price”).
(7)
of the land and the preferred community buyer notice in writing
of the determination.
(8)
in land in accordance with this Chapter, the buyer must by the end
of the offer period offer to buy the relevant estate in land at the
value price.
(9)
relevant local authority.
(10)
appointment period” is the period of 14 days beginning with
the end of the negotiation period;
authorised officer”, in relation to the valuation of land of
community value, means—
(a)
Local Government Finance Act 1988,
(b)
of the Housing Act 1985, or
(c)
regulations made by the Secretary of State, another
person who in the opinion of the relevant local
authority is independent of the authority, the owner
of the land and the preferred community buyer;
negotiation period” has the meaning given by
section 86S
(5)
;
offer period” is the period of 12 months beginning with the
date notice was given under
section 86M
(1)
;
relevant estate in land” means the estate or estates identified
in the notice given under
section 86M
(1)
(see
section 86M
(2)
).
86U
Progress requirements
(1)
(a)
(b)
(2)
community value which can accommodate over 10,000 people, and
the owner makes a request in writing, the relevant local authority
must—
(a)
the preferred community buyer has met the progress
requirements, and
(b)
determination to the owner and the buyer.
(3)
authority must—
(a)
the preferred community buyer has met the progress
requirements, and
(b)
determination to the owner and buyer.
(4)
(5)
(a)
the preferred community buyer has met the progress
requirements, and
(b)
determination to the owner of the land and the preferred
community buyer.
(6)
review period as are specified in regulations made by the Secretary
of State for that purpose.
(7)
evidence that a preferred community buyer must provide to a local
authority for the purpose of demonstrating that they have met the
progress requirements.
(8)
the 16 week review period” is the period of 16 weeks
beginning with the date on which the notice of a wish to
enter into a relevant disposal was given under section 86M(1)
(“the notice date”);
the 6 month review period” is the period of 6 months
beginning with the notice date;
the 12 month review period” is the period of 12 months
beginning with the notice date;
review period” means the 16 week review period, the 6 month
review period or the 12 month review period.
86V
Validity of acts
86W
Compensation
(1)
payment of compensation in connection with the operation of this
Chapter.
(2)
(a)
apply only in cases specified in the regulations;
(b)
be subject to conditions, including conditions as to time
limits;
(c)
(i)
regulations;
(ii)
regulations;
(iii)
paid in respect of;
(iv)
the regulations;
(v)
claiming compensation under the regulations;
(vi)
(vii)
Miscellaneous
86X
Guidance
(1)
the exercise of any functions under this Chapter.
(2)
exercising those functions.
(3)
(a)
wellbeing or social or economic interests of a local
community;
(b)
the carrying out of any of the local authority’s functions;
(c)
community value under
section 86A
(6)
;
(d)
supporting sporting assets of community value;
(e)
sporting assets of community value.
(4)
must consult such persons as the Secretary of State considers
appropriate.
(5)
out before this section comes into force.
(6)
section.
(7)
this section to be published.
86Y
Local land charge
(a)
(b)
of the Local Land Charges Act 1975.
86Z
Enforcement
(1)
(a)
contraventions of
section 86K
(1)
(restriction on relevant
disposals of land);
(b)
contraventions of
section 86K
(1)
.
(2)
particular)—
(a)
86K
(1)
to be set aside or to be ineffective;
(b)
(3)
provision amending—
(a)
(b)
86Z1
Co-operation
86Z2
Advice and assistance in relation to land of community value
(1)
considers appropriate for the purpose of giving advice or
assistance—
(a)
(i)
contained in, or made under, this Chapter, or
(ii)
take steps within sub-paragraph (i), or
(b)
the following—
(i)
in a local authority’s list of assets of community
value,
(ii)
how to, bring land within sub-paragraph (i) into
effective use.
(2)
include, in particular—
(a)
person;
(b)
including arrangements for things that may be done by the
Secretary of State under this section to be done by that body
or other person.
(3)
(a)
providing training or education;
(b)
provision of financial assistance by any means (including
the making of a loan and the giving of a guarantee or
indemnity).
86Z3
Crown application
Interpretation of Chapter
86Z4
Meaning of “local authority”
(1)
(a)
(b)
no district councils,
(c)
(d)
(e)
(2)
the purpose of changing the meaning in this Chapter of “local
authority” in relation to England.
86Z5
Meaning of “owner”
(1)
(2)
in the land is vested, but not if there is a qualifying leasehold estate
in the land.
(3)
of the land is the person in whom that estate is vested.
(4)
land, the owner of the land is the person in whom is vested the
qualifying leasehold estate that is more or most distant (in terms
of the number of intervening leasehold estates) from the freehold
estate.
(5)
means an estate by virtue of a lease of the land for a term which,
when granted, had at least 25 years to run.
(6)
(a)
the time being given by this section;
(b)
Chapter in a case where, for the time being, this section does
not define that expression.
86Z6
Interpretation of Chapter: general
(1)
building” includes part of a building;
community nomination” has the meaning given by
section
86D
(2)
;
land” includes—
(a)
(b)
(c)
surface;
land of community value” is to be read in accordance with
section 86B
;
local authority” is to be read in accordance with
section 86Z4
;
owner”, in relation to any land, is to read in accordance with
section 86Z5
;
owner of land of community value” has the meaning given
by
section 86K
(1)
;
preferred community buyer” has the meaning given by
section
86N
;
relevant local authority” has the meaning given by
section
86C
;
(2)
86A
(2)
.
(3)
community nominations” see
section 86I
(2)
.”
The Localism Act 2011 is amended as follows.
In Part 5 (community empowerment), at the end of the heading for Chapter
3, insert “(Wales)”.
In section 87 (list of assets of community value)—
in subsection (4), for “appropriate authority” substitute “Welsh
Ministers”;
in subsection (5), for “appropriate authority” substitute “Welsh
Ministers”.
In section 88 (land of community value)—
in subsection (3), for “appropriate authority” substitute “Welsh
Ministers”;
in subsection (4), for “appropriate authority considers” substitute
“Welsh Ministers consider”.
In section 89 (Procedure for including land in list)—
in subsection (1)(b), for “appropriate authority” substitute “Welsh
Ministers”;
in subsection (2)(b)—
omit sub-paragraph (i);
in sub-paragraph (ii), omit “in Wales”;
in subsection (4), for “appropriate authority” substitute “Welsh
Ministers”;
in subsection (5), for “appropriate authority” substitute “Welsh
Ministers”.
In section 91 (notice of inclusion or removal), in subsection (2)(d) for
“appropriate authority” substitute “Welsh Ministers”.
In section 92 (review of decision to include land in list), in subsection (5),
for “appropriate authority” substitute “Welsh Ministers”.
In section 95 (moratorium)—
in subsection (5)—
in paragraph (e), for “appropriate authority” substitute
“Welsh Ministers”;
in paragraph (j), for “appropriate authority” substitute “Welsh
Ministers”;
in subsection (6), in the definition of “community interest group”
for “appropriate authority” substitute “Welsh Ministers”.
In section 96 (meaning of “relevant disposal” etc in section 95), in subsection
(7), for “appropriate authority” substitute “Welsh Ministers”.
In section 98 (informing owner of request to be treated as bidder), in
subsection (3), for “appropriate authority” substitute “Welsh Ministers”.
In section 99 (compensation), in subsection (1), for “appropriate authority”
substitute “Welsh Ministers”.
In section 101 (enforcement)—
in subsection (1), for “appropriate authority” substitute “Welsh
Ministers”;
“(a)
a Measure or Act of Senedd Cymru, or
(b)
an instrument made under such a Measure or Act.”;
omit subsection (4).
Omit section 103.
In section 104 (Advice and assistance in relation to land of community
value in Wales)—
in the heading, omit “in Wales”;
in subsection (1)(a), omit “so far as applying to Wales”;
in subsection (1)(b)(i), omit “in Wales”.
In section 106 (meaning of “local authority”)—
omit subsections (1) and (2);
in subsection (3)—
in the opening words, omit “in relation to Wales”;
in paragraph (a), omit “in Wales”.
In section 107 (meaning of “owner”), in subsection (6), for “appropriate
authority” substitute “Welsh Ministers”.
In section 108 (interpretation), omit the definition of “appropriate authority”.
“(ga)
regulations under section 86A (5) , section 86L (7) , 86Z , 86Z4 (2) or 86Z5 (6) ;”.
The Localism Act 2011 is amended in accordance with this Schedule.
In section 1 (local authority’s general power of competence), in subsection
(1), after “CCA” (inserted by
Schedule 4
) insert “, or English National Park
authority, and the Broads Authority,”.
Section 2 (boundaries of the general power) is amended as follows.
“(2C)
If exercise of a pre-commencement power of an English National
Park authority, or of the Broads Authority, is subject to restrictions, those restrictions apply also to exercise of the general power so far as it is overlapped by the pre-commencement power.(2D)
The general power does not enable an English National Park
authority, or the Broads Authority, to do—(a)
anything which the authority is unable to do by virtue of a
pre-commencement limitation, or(b)
anything which the authority is unable to do by virtue of a
post-commencement limitation which is expressed to apply—(i)
to the general power,
(ii)
to all of the authority's powers, or
(iii)
to all of the authority's powers but with exceptions
that do not include the general power.”.
“(6)
In this section, in relation to an English National Park authority or
the Broads Authority—“
post-commencement limitation” means a prohibition, restriction
or other limitation expressly imposed by a statutory provision that—(a)
is contained in an Act passed after the end of the
Session in which the English Devolution and Community Empowerment Act 2026 is passed, or(b)
is contained in an instrument made under an Act
and comes into force on or after the commencement of section 73 of the English Devolution and Community Empowerment Act 2026;“
pre-commencement limitation” means a prohibition, restriction
or other limitation expressly imposed by a statutory provision that—(a)
is contained in this Act, or in any other Act passed
no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or(b)
is contained in an instrument made under an Act
and comes into force before the commencement of section 73 of the English Devolution and Community Empowerment Act 2026;“
pre-commencement power” means power conferred by a
statutory provision that—(a)
is contained in this Act, or in any other Act passed
no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or(b)
is contained in an instrument made under an Act
and comes into force before the commencement of section 73 of the English Devolution and Community Empowerment Act 2026.”
In section 3 (limits on charging in exercise of general power), in subsection
(1)(a), after “CCA” (inserted by
Schedule 4
) insert “, or English National
Park authority, or the Broads Authority,”.
Section 4 (limits on doing things for commercial purpose in exercise of
general power) is amended in accordance with this paragraph.
In subsections (1), (2) and (3), after “CCA” (inserted by
Schedule 4
) insert
“, or English National Park authority, or the Broads Authority,”.
Section 5 (powers to make supplemental provision) is amended in
accordance with this paragraph.
In subsections (1), (3) and (4) after “CCAs” (inserted by
Schedule 4
) insert
“, or English National Park authorities, or the Broads Authority,”.
In subsections (5)(a) and (b) and (7)(a) after “CCAs” (inserted by
Schedule
4
) insert “, or English National Park authorities”.
In subsection (5)(c), after “CCA” (inserted by
Schedule 4
) insert “, or English
National Park authority”.
“(7A)
Before making an order under subsection (1), (2), (3) or (4) in relation
to the Broads Authority, the Secretary of State must consult the Authority if the Secretary of State considers it appropriate.”
In section 8 (interpretation), after the definition of “combined authority”
““
(inserted by
Schedule 4
) insert—
English National Park authority” means a National Park authority
for a National Park in England;”.
“Schedule 1A Local Audit Office: constitution, proceedings etc
Composition
1
(1)
The Local Audit Office is to consist of—
(a)
the Chair (who is to be a non-executive member),
(b)
at least 5 other non-executive members,
(c)
the Controller of Local Audit (being an executive member
by virtue of paragraph 4 ), and(d)
any individuals who are executive members by virtue of
paragraph 5 .(2)
The Secretary of State and the Office must, so far as practicable,
exercise their powers so as to ensure that the number of non-executive members is at all times greater than the number of executive members.Non-executive members: appointment and tenure
2
(1)
The non-executive members (including the Chair) are to be
appointed by the Secretary of State.(2)
An employee of the Office may not be appointed.
(3)
Appointment is to be for a fixed term not exceeding 5 years.
(4)
An individual may be appointed no more than twice.
(5)
Subject to the other provisions of this Schedule, an individual is
to hold office as a non-executive member in accordance with the terms of the individual’s appointment.(6)
A non-executive member may resign by giving written notice to
the Secretary of State.(7)
The Secretary of State may by written notice remove a
non-executive member from office on the grounds that—(a)
the member has without reasonable excuse failed to carry
out the functions of the office, or(b)
in the opinion of the Secretary of State, the member is
otherwise unable, unfit or unwilling to carry out those functions.(8)
A non-executive member who becomes an employee of the Office
ceases to be a non-executive member.Non-executive members: remuneration
3
(1)
The Local Audit Office must make, or make provision for, such
of the following payments (in such amounts and in such circumstances) as the Secretary of State may determine.(2)
The payments are those of—
(a)
remuneration, pensions, allowances and gratuities in
respect of an individual’s service as a non-executive member, and(b)
compensation in respect of an individual’s ceasing to be
a non-executive member.(3)
Controller of Local Audit
4
(1)
The Local Audit Office must employ an individual to act as its
chief executive officer.(2)
That individual—
(a)
is to have the title of the Controller of Local Audit, and
(b)
is by virtue of the individual’s employment an executive
member of the Office.(3)
The Office must consult the Secretary of State before appointing
the Controller.Other executive members
5
(1)
The Local Audit Office may from time to time—
(a)
designate for the purposes of this paragraph roles in which
individuals are or are to be employed by the Office;(b)
revoke such a designation.
(2)
The Office must consult the Secretary of State before making or
revoking a designation.(3)
An individual employed by the Office in a designated role is by
virtue of that employment an executive member of the Office.Staff
6
(1)
The Local Audit Office may employ staff and make other
arrangements for its staffing.(2)
That employment, or those arrangements, may be on whatever
terms the Office considers appropriate (including terms as to remuneration, pensions or other financial matters).(3)
The Secretary of State may from time to time—
(a)
designate for the purposes of sub-paragraph (4) roles in
which individuals serve or are to serve as staff of the Office;(b)
revoke such a designation.
(4)
The Office may not make a payment in respect of an individual’s
service in a designated role except in accordance with an agreement whose terms, so far as they relate to such payments, have been approved by the Secretary of State.Committees
7
(1)
The Local Audit Office may appoint committees.
(2)
A committee of the Office may appoint sub-committees.
(3)
Members of a committee or sub-committee do not have to be
members of the Office.(4)
Members of a sub-committee do not have to be members of the
appointing committee.(5)
The Office may pay such remuneration and allowances as it may
determine to any person who—(a)
is a member of a committee or a sub-committee, but
(b)
is not a member of the Office or a member of its staff.
Delegation
8
(1)
The Local Audit Office may (subject to sub-paragraph (5) ) delegate
any of its functions to—(a)
a committee or sub-committee,
(b)
a member of the Office, or
(c)
a member of the Office’s staff.
(2)
A committee may delegate any of its functions to—
(a)
a sub-committee appointed by it,
(b)
a member of the committee, or
(c)
a member of the Office’s staff.
(3)
A sub-committee may delegate any of its functions to—
(a)
a member of the sub-committee, or
(b)
a member of the Office’s staff.
(4)
A delegation under this paragraph—
(a)
may be limited in extent or made subject to conditions,
and(b)
does not prevent the delegator from exercising the function
concerned.(5)
The Office may not delegate its function of—
(a)
appointing the Controller of Local Audit,
(b)
making or revoking the designation of a role for the
purposes of paragraph 5 , orProcedure
9
(1)
The Local Audit Office may determine its own procedure
(including quorum) and that of its committees and sub-committees.(2)
The validity of any proceedings of the Office is not affected by
any vacancy or defective appointment.General power
10
The Local Audit Office may do anything it thinks appropriate
for the purposes of, or in connection with, its functions.Status
11
(1)
The Local Audit Office is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the
Crown.(2)
The Office’s property is not to be regarded as property of, or
property held on behalf of, the Crown.(3)
Service as a member, or a member of staff, of the Office is not
service in the civil service of the State.Seal and evidence
12
(1)
The application of the Local Audit Office’s seal must be
authenticated by a signature of—(a)
a member of the Office, or
(b)
another person authorised for that purpose by the Office.
(2)
A document purporting to be duly executed under the Office’s
seal or signed on its behalf—(a)
is to be received in evidence, and
(b)
is to be taken to be executed or signed in that way, unless
the contrary is shown.Accounts
13
(1)
The Local Audit Office must—
(a)
keep proper accounts and proper records in relation to
them, and(b)
prepare and adopt a statement of accounts in respect of
each financial year.(2)
The Office must send a copy of each statement of accounts to the
Secretary of State and the Comptroller and Auditor General as soon as practicable after the end of the financial year to which the statement relates.(3)
The Comptroller and Auditor General must—
(a)
examine, certify and report on each statement of accounts,
and(b)
send a copy of each report and certified statement to the
Secretary of State.(4)
The Secretary of State must lay before Parliament a copy of each
such report and certified statement.Business planning
14
(1)
The Local Audit Office must have—
(a)
a business plan, and
(b)
a corporate strategy.
(2)
The business plan is to relate to a single financial year and is to
be published before the start of that year.(3)
The corporate strategy is to relate to a period of between 3 and
5 years and must be published before the expiry of the previous strategy.(4)
The Office may revise its business plan or corporate strategy, and
must publish any revision.Annual report
15
(1)
As soon as reasonably practicable after the end of each financial
year, the Local Audit Office must prepare and adopt a report on the exercise of its functions during that financial year.(2)
The Office must send the report to the Secretary of State.
(3)
The Secretary of State must lay the report before Parliament.”
For the purpose of constituting the Local Audit Office—
the Secretary of State must nominate an individual to be the first
Controller of Local Audit;
the nominated individual is to become an executive member of the
Office;
the Office must employ that individual to serve as its chief officer;
and
the individual’s position as executive member is then to continue
under paragraph
4
(2)
(b)
of
Schedule 1A
to the Local Audit and
Accountability Act 2014 (inserted by paragraph
1
of this Schedule).
The Secretary of State may direct the Office as to the terms on which the
nominated individual is to be employed.
The provision that may be made under section
92
(10)
(transitional or saving
provision in relation to commencement) includes provision disapplying or
modifying the duty of the Local Audit Office under paragraph
14
(1)
(a)
and
(2)
(requirement for business plan) in relation to—
the financial year in which the Office is established, or
the following financial year.
The first corporate strategy of the Office must be published as soon as
reasonably practicable after it is established.
The Secretary of State may make one or more schemes under which
individuals employed by—
the National Audit Office,
The Financial Reporting Council Limited (a company limited by
guarantee with the registered number 02486368), or
Public Sector Audit Appointments Limited (a company limited by
guarantee with the registered number 09178094),
become employees of the Local Audit Office.
A scheme under sub-paragraph
(1)
is referred to in this paragraph as a
“staff transfer scheme”.
A staff transfer scheme may make—
provision applying or modifying, or dealing with the same
subject-matter as, any provision of the Transfer of Undertakings
(Protection of Employment) Regulations 2006 (S.I. 2006/246);
supplementary, incidental or consequential provision.
A staff transfer scheme must allow each individual to whom it applies to
choose not to become an employee of the Local Audit Office.
A scheme under sub-paragraph (1) may provide—
for the scheme to be modified by agreement after it comes into
effect;
for any such modifications to have effect from the date when the
original scheme comes into effect.
The Secretary of State may make one or more schemes for the transfer of
property, rights and liabilities from Public Sector Audit Appointments
Limited (a company limited by guarantee with the registered number
09178094) (“PSAA”) to the Local Audit Office.
A scheme under sub-paragraph
(1)
is referred to in this paragraph as a
“property transfer scheme”.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be
transferred;
property acquired, and rights and liabilities arising, after the making
of the scheme.
A transfer scheme may—
create rights, or impose liabilities, in relation to property or rights
transferred;
make provision about the continuing effect of things done by PSAA
in respect of anything transferred;
make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in
relation to PSAA in respect of anything transferred;
make provision for references to PSAA in an instrument or other
document in respect of anything transferred to be treated as
references to the Local Audit Office;
make provision for the shared ownership or use of property;
make other consequential, supplementary, incidental or transitional
provision.
A transfer scheme may provide—
for modifications by agreement;
for modifications to have effect from the date when the original
scheme came into effect.
In this paragraph, references to the transfer of property include the grant
of a lease.
In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records
“The Local Audit Office.”
Act 1958 (establishments and organisations whose records are public
records), at the appropriate place insert—
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
“The Local Audit Office.”
etc subject to investigation), at the appropriate place insert—
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
“The Local Audit Office.”
(bodies all members of which are disqualified), at the appropriate place
insert—
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other
“The Local Audit Office.”
public bodies), at the appropriate place insert—
In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the
“The Local Audit Office.”
public sector equality duty), under the heading “Regulators”, at the
appropriate place insert—
In the Local Audit and Accountability Act 2014, after
Schedule 1A
(inserted by
Schedule 31
to this Act) insert— An external registration body must comply with any written request by Such a request may relate to information as it exists in the future (for The Office may make such a request only if the Office reasonably requires If the Local Audit Office considers that an external registration body has this Act, or
the Office may give the body a direction under this paragraph.
A direction under this paragraph is one directing the body to take steps secure that the requirement in question is complied with, or mitigate the effect, or prevent the recurrence, of the failure of Such a step— must be one that the body has the power to take; may consist of not doing something. A direction under this paragraph must— explain the Office’s reasons for giving the direction, and specify the time by which the direction must be complied with. If the Local Audit Office considers that an external registration body has this Act, or
the Office may impose a financial penalty on the body.
A financial penalty is imposed by giving the body a written notice requiring Such a notice must— explain the Office’s reasons for imposing the penalty, and specify the time by which, and manner in which, the penalty must The amount of a penalty imposed on a body under this paragraph may Before giving a direction under paragraph
2
or imposing a penalty under give the body a notice of intent, and consider any representations made by the body in response to (and A notice of intent is a notice that— states the Office’s intention to give the direction or impose the sets out the intended terms of the direction or of the notice imposing explains the Office’s reasons for intending to give the direction or specifies the time by which, and manner in which, representations Where the Office has given a direction under paragraph
2
or imposed a cancel the direction or penalty, or vary the direction, or the notice imposing the penalty, in any way The Office must publish— a direction under paragraph
2
, a notice imposing a penalty under paragraph
3
, and any notice cancelling or varying such a direction or notice. But it must do so only after the direction or penalty can no longer be If a penalty imposed under paragraph
3
is not paid in time— the penalty (or the unpaid part of it) carries interest at the rate for the Office may recover the penalty (or the unpaid part of it), with The grounds on which an appeal may be brought are— that the failure of compliance on the grounds of which the direction that any of the following is unreasonable— the decision to give the direction or impose the penalty; any of the terms of the direction; the amount of the penalty, or the time or manner of its If satisfied that any of those grounds is made out, the court must allow cancel the direction or penalty, or vary the direction or the notice imposing the penalty. Otherwise, the court must dismiss the appeal. The court may— make an interim order suspending the effect of a direction or penalty This paragraph applies if the High Court is satisfied, on an application by this Act, or The court may order the body to take steps that the court considers will Such a step— must be one that the body has the power to take; may consist of not doing something. This court may not make an order under this paragraph in respect of the If it appears to the Secretary of State or the Local Audit Office— that any action proposed to be taken by an external registration that any action which an external registration body has power to
the Secretary of State or the Office may direct the body not to take or, as
the case may be, to take the action in question.
A direction under this paragraph— may include such supplementary or incidental requirements as the may be varied or cancelled by written notice to the body concerned. A direction under this paragraph is enforceable by injunction issued by No person within sub-paragraph
(2)
is to be liable in damages for anything The persons within this subsection are— an external registration body, an officer or employee of such a body, and a member of the governing body of such a body. Sub-paragraph
(1)
applies to the functions of an external registration body rules and arrangements made for the purposes of
Schedule 1C
or any guidance or recommendation within sub-paragraph
(4)
. Guidance or a recommendation is within this sub-paragraph if— it is issued or made by the external registration body to all or any registered in the body’s local audit register, or listed in accordance with paragraph
6
of
Schedule 1C
(list it is relevant for the purposes of this Act,
including any guidance or recommendation relating to entry in or removal
from the register or list.
Sub-paragraph
(1)
does not apply— if the act or omission is shown to have been in bad faith, or so as to prevent an award of damages in respect of the act or In this Schedule as it applies in relation to a given register—
“
“ The registration body must have in place— criteria for being entered, and remaining, in the register, and procedures for entry in, and removal from, the register. The procedures must allow for appeals to be made to a person who will The registration body must secure that each provider is bound by rules Those rules are referred to in this Schedule as “registration rules”. Any changes in the body’s registration rules after its designation must be The body must have arrangements for taking account, in framing its The criteria and procedures in place under paragraph
2
must be designed an individual— may be entered in the register only if the individual meets is to be removed from the register as soon as possible after a firm— may be entered in the register only if the firm meets the is to be removed from the register before the end of the See
Part 1
of
Schedule 1D
for the requirements referred to in sub-paragraph
(1)
. The registration rules must include rules designed to secure that— audits under this Act are conducted properly and with integrity, providers are not appointed as local auditors in circumstances in The criteria and procedures in place under paragraph
2
must be designed may be entered in the register only if the firm has in place adequate is to be removed from the register as soon as possible after ceasing The arrangements within this sub-paragraph are arrangements to prevent This sub-paragraph applies to— any person who is not a member of the firm, and The registration body must secure that the register includes, for each The registration body must have arrangements designed to secure that an meets the qualification requirement (see paragraph
1
of
Schedule otherwise has the necessary competence to act as the lead partner is bound by rules determined by the body (which are referred to Any changes in the body’s lead partner rules after its designation must be The registration body must have lead partner rules designed to secure that The registration body must have effective arrangements for the investigation The registration body must have effective arrangements for the investigation The registration body must have in place registration rules or other This may be achieved by professional indemnity insurance or other The registration body must have in place— arrangements for monitoring compliance with its registration rules arrangements for the inspection of providers in connection with registration rules designed to secure that providers co-operate with lead partner rules designed to secure that individuals bound by the The arrangements relating to inspections must be designed to secure that Those arrangements must include— provision for the results of any inspections not carried out by the in the case of an external registration body, provision for the results The registration body must have in place— arrangements for the investigation of suspected breaches by registration rules and lead partner rules designed to secure that arrangements for the imposition of sanctions in respect of breaches registration rules and lead partner rules designed to secure that In sub-paragraph
(1)
, “breaches” means breaches of requirements imposed The available sanctions must include financial penalties. The arrangements and rules must allow for appeals to be made to a person The arrangements and rules must allow for the Local Audit Office to be to determine that a particular case raises or appears to raise to assume enforcement responsibility in a case in which it has made For the purposes of sub-paragraph
(5)
, the Office assumes enforcement whether the requirement or rule in question has been breached, and if so, the sanction to be imposed. The registration rules must require a provider to comply with any written The registration rules must require a provider to comply with any general That information may, for instance, include information regarding— a provider’s ownership and governance, a provider’s internal controls with respect to the quality and a provider’s turnover, and the relevant authorities whose accounts a provider has audited This paragraph applies for the purposes of paragraph
4
(1)
(a)
of
Schedule An individual meets the qualification requirement if the individual— holds an appropriate qualification, or A firm meets the qualified control requirement if— a majority of the members of the firm are qualified persons, and where the firm’s affairs are managed by a board of directors, a majority of that body are qualified persons, or if the body consists of two persons only, at least one of them The following provisions apply for the purposes of sub-paragraph
(2)
. An individual is a qualified person if the individual— holds an appropriate qualification, or A firm is a qualified person if the firm— meets the criteria to become a registered local audit provider, or is eligible for appointment as a statutory auditor under Part 42 of A majority of the members of a firm means— where under the firm’s constitution matters are decided upon by in any other case, members having such rights under the constitution A majority of the members of the management body of a firm means— where matters are decided at meetings of the management body by in any other case, members having such rights under the constitution The Secretary of State may by regulations provide for a qualification to be it is a professional qualification in accountancy, it is obtained from a body established in the United Kingdom it meets, or the Secretary of State thinks that it meets, specified The regulations may, in particular, provide for a qualification to be an Regulations under this paragraph that contain provision under provide for the making (by the Secretary or State or otherwise) of make provision about applications for a recognition order; provide for the giving of directions or imposition of requirements make provision about the circumstances in which the making of a make provision about the steps to be taken on making or refusing provide for a recognition order to be revoked by a further order (a make provision about the circumstances in which a revocation order make provision about the date on which a revocation order may or provide for a revocation order to contain transitional provision; make provision about the steps to be taken by the person making The requirements that may be specified for a qualification to be an the persons to whom the qualification is open; the course of instruction undertaken by persons to whom the the professional experience of such persons; the examinations passed by such persons; the practical training undertaken by such persons; the rules and arrangements of the body offering the qualification Regulations under this paragraph may in particular— provide for exceptions to a specified requirement; confer power to give or withhold recognition or approval for the In this paragraph, “specified” means specified in regulations under this An individual falls within this paragraph if any of the following This sub-paragraph applies where the individual holds an appropriate This sub-paragraph applies where, immediately before 16 December 2014, This sub-paragraph applies where— before 16 December 2014, the individual began a course of study the person would have been qualified for appointment as an auditor the person obtained that qualification within the period of 6 years An individual falls within this paragraph if any of the following This sub-paragraph applies where the individual— is eligible to conduct audits of the accounts of bodies corporate holds a professional qualification which covers all the subjects that— are covered by an appropriate qualification, and are subjects of which knowledge is essential for the pursuit This sub-paragraph applies where the individual is a specified state auditor holds professional qualifications obtained in a specified state that has met a requirement to take an aptitude test or to complete an This sub-paragraph applies where the individual is an EEA auditor who, This sub-paragraph applies where the individual has been authorised to In this paragraph—
“
“
“
“
“ In this Act, “recognised qualifying body” means a body that offers a The Secretary of State may by regulations provide for the payment of fees making an application that would result in its becoming a recognised becoming such a body further to an application made by it, or remaining such a body, having become so further to an application If it appears to the Secretary of State— that any action proposed to be taken by a recognised qualifying that any action which a recognised qualifying body has power to
the Secretary of State may direct the body not to take or, as the case may
be, to take the action in question.
A direction under this paragraph may include such supplementary or A direction under this paragraph is enforceable by injunction by the High The Secretary of State may by regulations— make the designated person’s ability to exercise the functions subject confer on the designated person such other functions supplementary make provision about the application of the Freedom of Information Regulations under this paragraph do not have the effect that— the designated person is to be regarded as acting on behalf of the that its members, officers or employees are to be regarded as Crown Where regulations under this paragraph apply to the making of regulations section 43(1) and (5) does not apply to regulations made by the the designated person may not make regulations without the the Secretary of State may, after consultation with the body, by any regulations made by the designated person must be published a person is not to be taken to have contravened such regulations if the production of a printed copy of regulations purporting to be that the regulations were made by the person, that the copy is a true copy of the regulations, and that on a specified date the regulations were published,
is evidence of the facts stated in the certificate;
a certificate purporting to be signed as mentioned in paragraph
(f)
is to be deemed to have been duly signed unless the contrary is
shown;
any person wishing in any legal proceedings to cite regulations
“Schedule 1B
External registration bodies
Provision of information to the Local Audit Office
1
(1)
the Local Audit Office to be provided with information.
(2)
instance, information about a future occurrence once it has occurred or
about a future period once it has elapsed).
(3)
the information concerned in connection with the performance of its
functions.
Directions to secure compliance
2
(1)
failed to comply with a requirement under—
(a)
(2)
that the Office considers will—
(a)
(b)
compliance.
(3)
(a)
(b)
(4)
(a)
(b)
Financial penalties
3
(1)
failed to comply with a requirement under—
(a)
(2)
the body to pay the Office a financial penalty of a sum specified in the
notice.
(3)
(a)
(b)
be paid.
(4)
(5)
not exceed 30% of the sum last notified by the body under sub-paragraph
(4)
.
Directions and penalties: procedure etc
4
(1)
paragraph
3
, the Local Audit Office must—
(a)
(b)
in accordance with) that notice.
(2)
(a)
penalty,
(b)
the penalty,
(c)
impose the penalty, and
(d)
may be made.
(3)
penalty under paragraph
3
, the Office may by written notice given to that
body—
(a)
(b)
that does not make it more onerous.
(4)
(a)
(b)
(c)
(5)
cancelled or varied on appeal (ignoring any possibility of an appeal out of
time).
(6)
(a)
the time being specified in section 17 of the Judgments Act 1838;
(b)
the interest, as a debt.
Directions and penalties: appeals
5
(1)
(2)
(a)
was given or the penalty was imposed did not occur, or
(b)
(i)
(ii)
(iii)
payment.
(3)
the appeal and do whichever of the following it considers appropriate—
(a)
(b)
(4)
(5)
(a)
appealed against under this paragraph;
Compliance orders by the court
6
(1)
the Local Audit Office, that an external registration body has failed to
comply with a requirement under—
(a)
(2)
secure that the requirement in question is complied with.
(3)
(a)
(b)
(4)
requirement to comply with a direction under paragraph
2
unless it is
satisfied that the failure of compliance on the ground of which the direction
was given did in fact occur.
Directions with respect to international obligations
7
(1)
(a)
body would be incompatible with assimilated obligations or any
other international obligations of the United Kingdom, or
(b)
take is required for the purpose of implementing any such
obligations,
(2)
(a)
Secretary of State or the Office thinks necessary or expedient, and
(b)
(3)
the High Court on the application of the Secretary of State or the Office.
Exemption from liability in damages
8
(1)
done or omitted in the discharge or purported discharge of functions to
which this sub-paragraph applies.
(2)
(a)
(b)
(c)
(3)
so far as relating to, or to matters arising out of, any of the following—
(a)
any agreement under section
6B
(5)
(a)
, or
(b)
(4)
(a)
class of the persons who are or are seeking to become—
(i)
(ii)
of firm’s lead partners), and
(b)
(5)
(a)
(b)
omission on the ground that it was unlawful as a result of section
6(1) of the Human Rights Act 1998 (acts of public authorities
incompatible with Convention rights).
Schedule 1C
Eligibility and regulation of registered providers
Introduction
1
(1)
(2)
provider” means an individual or firm entered in that register;
the registration body” means the body keeping that register.
Eligibility criteria and procedures
2
(1)
(a)
(b)
(2)
determine the appeal independently of the maker of the decision appealed
against.
Registration rules
3
(1)
determined by the body.
(2)
(3)
approved by the Local Audit Office.
(4)
registration rules, of the cost to providers of complying with those rules
and any other controls to which they are subject.
Professional qualifications
4
(1)
to secure that—
(a)
(i)
the qualification requirement, and
(ii)
ceasing to meet that requirement;
(b)
(i)
qualified control requirement, and
(ii)
period of 3 months beginning with the day on which the
firm ceases to meet that requirement.
(2)
Professional integrity and independence
5
(1)
(a)
and
(b)
which they have an interest likely to conflict with the proper conduct
of the audit.
(2)
to secure that a firm—
(a)
arrangements within sub-paragraph
(3)
, and
(b)
to have such arrangements.
(3)
a person to whom sub-paragraph
(4)
applies from being able to exert any
influence over the way in which an audit under this Act is conducted in
circumstances in which that influence would be likely to affect the
independence or integrity of the audit.
(4)
(a)
Lead partners
6
(1)
provider that is a firm, a list of the individuals who may act as the lead
partner for an audit carried out by the firm.
(2)
individual appears in the list only if the individual—
(a)
1D
),
(b)
for an audit, and
(c)
in this Schedule as “lead partner rules”).
(3)
approved by the Local Audit Office.
(4)
individuals acting as lead partners for audits under this Act maintain high
standards of professional conduct.
Complaints procedures
7
(1)
of complaints against providers, so far as relating to their work in
connection with audits under this Act.
(2)
of complaints against itself, so far as relating to its functions as a registration
body.
Meeting of claims
8
(1)
arrangements designed to secure that providers take such steps as may
reasonably be expected of them to secure that they are able to meet claims
against them arising out of their work in connection with audits under this
Act.
(2)
appropriate arrangements.
Monitoring and inspections
9
(1)
(a)
and lead partner rules,
(b)
their work in connection with audits under this Act,
(c)
the monitoring and inspections, and
(d)
rules co-operate with the monitoring.
(2)
each provider is inspected at least once every 6 years.
(3)
(a)
registration body to be reported to the registration body, and
(b)
of any inspections not carried out by the Local Audit Office to be
reported to the Office.
Enforcement
10
(1)
(a)
providers or lead partners,
(b)
providers and lead partners co-operate with any investigations,
(c)
that are established, and
(d)
providers and lead partners are bound by any sanctions.
(2)
by or under this Act (including by registration rules or lead partner rules).
(3)
(4)
who will determine the appeal independently of the maker of the decision
appealed against.
(5)
able—
(a)
important issues affecting the public interest, and
(b)
such a determination.
(6)
responsibility if it assumes responsibility for the final decision (subject to
any appeal) as to—
(a)
(b)
Provision and publication of information
11
(1)
request for the provision of information made by the registration body or
(if different) the Local Audit Office for the purposes of its functions.
(2)
directions published from time to time by the Local Audit Office regarding
the publication of information about providers.
(3)
(a)
(b)
independence of its audit work,
(c)
(d)
under this Act.
Schedule 1D
Professional qualifications
Part 1
Requirements for registered providers
Qualification requirement for individuals
1
(1)
1C
.
(2)
(a)
Qualified control requirement for firms
2
(1)
(2)
(a)
(b)
committee or other management body—
(i)
(ii)
is a qualified person.
(3)
(4)
(a)
(5)
(a)
(b)
the Companies Act 2006.
(6)
(a)
the exercise of voting rights, members holding a majority of the
rights to vote on all, or substantially all, matters;
(b)
of the firm as enable them to direct its overall policy or alter its
constitution.
(7)
(a)
the exercise of voting rights, members holding a majority of the
rights to vote on all, or substantially all, matters at such meetings;
(b)
of the firm as enable them to direct its overall policy or alter its
constitution.
(8)
“Appropriate qualification”
3
(1)
an appropriate qualification for the purposes of paragraphs
1
and
2
if—
(a)
(b)
(whether a body corporate or an unincorporated association), and
(c)
requirements.
(2)
appropriate qualification if it is recognised in accordance with the
regulations.
(3)
sub-paragraph
(2)
may in particular—
(a)
an order (a “recognition order”) recognising a qualification;
(b)
(c)
in connection with such applications;
(d)
recognition order may or must be refused;
(e)
to make a recognition order;
(f)
“revocation order”);
(g)
may or must be made;
(h)
must take effect;
(i)
(j)
a revocation order before or on making it.
(4)
appropriate qualification or to be the subject of a recognition order include,
in particular, requirements as to—
(a)
(b)
qualification is awarded;
(c)
(d)
(e)
(f)
for ensuring or monitoring compliance with other specified
requirements.
(5)
(a)
(b)
purposes of a specified requirement.
(6)
paragraph.
Cases in which an individual need not hold appropriate qualification: domestic cases
4
(1)
sub-paragraphs applies in respect of the individual.
(2)
qualification for the purposes of Chapter 2 of Part 42 of the Companies
Act 2006 (eligibility of individuals and firms to act as statutory auditors)
(see section 1219 of that Act).
(3)
the individual was qualified for appointment as an auditor under section
3 of the Audit Commission Act 1998 by virtue of the individual’s
membership of a body listed in subsection (7) of that section.
(4)
(a)
or practical training leading to a professional qualification in
accountancy offered by a body listed in section 3(7) of the Audit
Commission Act 1998,
(b)
under section 3 of that Act by virtue of subsection (5)(b) of that
section if that qualification had been obtained before that date, and
(c)
beginning with that date.
Cases in which an individual need not hold appropriate qualification: overseas cases
5
(1)
sub-paragraphs applies in respect of the individual.
(2)
(a)
incorporated or formed under the law of a third country in
accordance with the law of that country, and
(b)
(i)
(ii)
of the profession of local auditor.
(3)
who—
(a)
are comparable to an appropriate qualification, and
(b)
adaptation period, or to undertake both, imposed on the individual
in accordance with Part 2 of the principal Recognition Regulations,
if such a requirement is so imposed.
(4)
on or before 31 December 2020, was eligible for appointment as a local
auditor by virtue of paragraph 6(1)(b) of Schedule 10 to the Companies
Act 2006 as substituted by paragraph 28(3) of Schedule 5 to this Act.
(5)
act as a local auditor pursuant to the European Communities (Recognition
of Professional Qualifications) Regulations 2007 (S.I. 2007/2781), and
complies with the requirements of those Regulations that apply to a person
acting as a local auditor.
(6)
EEA auditor” has the meaning given by paragraph 20A(1) of Schedule
10 to the Companies Act 2006;
the principal Recognition Regulations” means the Recognition of
Professional Qualifications and Implementation of International
Recognition Agreements (Amendment) Regulations 2023 (S.I.
2023/1286);
specified state” means one of the states specified in Schedule 1 to the
principal Recognition Regulations;
specified state auditor” means an individual who is eligible to conduct
audits of the accounts of bodies corporate that are incorporated or
formed under the law of a specified state in accordance with the
law of that state;
third country” means a country or territory outside the United
Kingdom.
Part 2
Recognised qualifying bodies
“Recognised qualifying body”
6
qualification that is an appropriate qualification by virtue of regulations
under paragraph
3
(1)
of
Schedule 1C
.
Fees
7
by a body in respect of its—
(a)
qualifying body, or
(b)
(c)
made by it.
Directions to secure compliance with international obligations
8
(1)
(a)
body would be incompatible with assimilated obligations or any
other international obligations of the United Kingdom, or
(b)
take is required for the purpose of implementing any such
obligations,
(2)
incidental requirements as the Secretary of State thinks necessary or
expedient.
(3)
Court on the application of the Secretary of State.
Delegation of functions
9
(1)
(a)
(b)
to exceptions or reservations;
(c)
or incidental to those under this paragraph as appear to the Secretary
of State to be appropriate;
(d)
Act 2000 to the designated person.
(2)
(a)
Crown, or
(b)
servants.
(3)
under paragraph
7
—
(a)
designated person;
(b)
approval of the Secretary of State;
(c)
regulations vary or revoke any regulations made by the designated
person;
(d)
immediately after they are made;
(e)
the person shows that at the time of the alleged contravention the
regulations had not been published;
(f)
made by the designated person on which is endorsed a certificate
signed by or on behalf of that person and stating—
(i)
(ii)
(iii)
(g)
(h)
made by the designated person may require that person to cause a
copy of them to be endorsed with a certificate as mentioned in
paragraph
(f)
.”
The Local Audit and Accountability Act 2014 is amended as follows.
In the heading of Part 3, at the end insert “: health service bodies”.
Section 7 (appointment of local auditor) is amended as follows.
In subsection (1), for “relevant authority” substitute “health service body”.
In subsection (2)—
in the words before paragraph (a), for “relevant authority” substitute
“health service body”;
in paragraph (b), for “authority” substitute “body”.
In subsection (3), for “relevant authority” substitute “health service body”.
“(5)
A relevant health service body may only appoint as its local
auditor—(a)
the Local Audit Office, or
(b)
a registered local audit provider.
(5A)
The body must not appoint a person whom it has reason to think
will be unable to act because of section 32B (independence requirement).”
In subsection (6), in the words before paragraph (a), for “relevant authority”
substitute “health service body”.
In subsection (7), for “under subsection (6)(b) or (c)” substitute “in
accordance with subsection (6)”.
“(8)
The Secretary of State may by regulations make provision about
the appointment of a local auditor to audit the accounts of a health service body which is specified, or of a description specified, in the regulations.(9)
Regulations under subsection (8) may, in particular—
(a)
make further provision about the operation of this Act or
any provision made under it in relation to a health service body to which the regulations apply;(b)
provide for any provision of or made under this Act not to
apply, or to apply with modifications, in relation to a health service body to which the regulations apply.”
Section 8 (procedure for appointment) is amended as follows.
In subsection (1), for “relevant authority” substitute “health service body”.
In subsection (2)—
in the words before paragraph (a), for “relevant authority” substitute
“health service body”;
in paragraph (c), for “period” substitute “financial year or years”.
In subsection (3)(a), for “relevant authority” substitute “health service body”.
In subsection (4)—
in the words before paragraph (a), for “relevant authority” substitute
“health service body”;
omit paragraph (a).
In subsection (5), for “relevant authority” substitute “health service body”.
In subsection (6), for the words from “Schedule 3” to the end substitute
“regulations under section 7
(8)
”.
In section 9 (auditor panels)—
in subsection (1), for “relevant authority” substitute “health service
body”;
omit subsection (2).
Section 10 (functions of auditor panels) is amended as follows.
In subsection (1)—
for “relevant authority’s” substitute “health service body’s”;
for “authority” substitute “body”.
Omit subsections (2) and (3).
In subsection (4—
for “relevant authority’s” substitute “health service body’s”;
for “authority” substitute “body”.
In subsection (5)(a), for “relevant authority” substitute “health service body”.
In subsection (6)—
for “relevant authority’s” substitute “health service body’s”;
for “authority”, in both places it occurs, substitute “body”.
In subsection (7), for “authority” substitute “health service body”.
In subsection (8)—
in paragraph (b)—
for “relevant authority’s” substitute “health service body’s”;
for “authority’s”, in the remaining place it occurs, substitute
“body’s”;
in paragraph (c), for “relevant authority” substitute “health service
body”.
In subsection (9), for “relevant authority” substitute “health service body”.
In subsection (10)—
in the words before paragraph (a), for “relevant authority” substitute
“health service body”;
omit paragraph (a).
In subsection (11), for “relevant authority” substitute “health service body”.
In subsection (13), for “relevant authority” substitute “health service body”.
Omit section 11 (relationship of relevant authority other than health service
body with auditor panel).
Omit section 12 (failure to appoint local auditor by relevant authority other
than health service body).
Section 14 (limitation of local auditor’s liability) is amended as follows.
In subsection (1)—
for “relevant authority” substitute “health service body”;
for “authority”, in the remaining place it occurs, substitute “body”.
In subsection (6), for “relevant authority” substitute “health service body”.
“(8)
Before entering into a liability limitation agreement, a health service
body must consult and take into account the advice of its auditor panel.”
Omit section 15 (further provision about limitation of liability).
Section 16 (resignation and removal of local auditor) is amended as follows.
In subsection (1), in paragraphs (a) and (b), for “relevant authority”
substitute “health service body”.
In subsection (2)—
in paragraph (c), for “relevant authority” substitute “health service
body”;
in paragraph (d)—
for “authority’s” substitute “body’s”;
for “or of a recognised supervisory body” substitute “, the
Local Audit Office or an external registration body”;
in paragraph (e), for “relevant authority” substitute “health service
body”.
In subsection (3)—
in paragraph (d)—
for “relevant authority’s” substitute “health service body’s”;
for “or of a recognised supervisory body” substitute “, the
Local Audit Office or an external registration body”;
in paragraph (e), for “relevant authority” substitute “health service
body”.
In subsection (4), leave out the words from “, in” to “body,”.
In subsection (5)—
in paragraphs (a) and (b), for “Secretary of State” substitute “Local
Audit Office”;
in paragraph (a), for “relevant authority” substitute “health service
body”.
In subsection (7)—
for “a recognised supervisory body” substitute “the Local Audit
Office or an external registration body”;
for “body by a relevant authority” substitute “Office or body by a
health service body”.
Section 17 (appointment of auditor other than by audited body) is amended
as follows.
In subsection (1), for “relevant authority” substitute “health service body”.
In subsection (3)—
in paragraph (a)—
for “relevant authorities” substitute “health service bodies”;
for “an authority” substitute “a body”;
in paragraph (c), for “relevant authorities” substitute “health service
bodies”.
In subsection (6), for “relevant authority” substitute “health service body”.
In subsection (7), for “authority” substitute “health service body”.
In subsection (8)(a), for “relevant authority” substitute “health service body”.
In subsection (9), for “relevant authority” substitute “health service body”.
Omit Part 4 (eligibility and regulation of local auditors).
In section 23(3) (recovery of expenses in connection with obstruction
offences), for the words from “from” to the end substitute “under section
32A
, so far as they are not recovered by any other means.”
In section 26(3) (recovery of costs in connection with questioning by elector),
for the words from “from” to the end substitute “under section
32A
.”
In section 27(7) (recovery of costs in connection with objection by elector),
for “from the relevant authority” substitute “under section
32A
”.
In section 28(7) (recovery of costs in considering application for declaration
of unlawfulness), for “from the relevant authority” substitute “under section
32A
”.
In section 31(6) (recovery of costs in considering application for judicial
review), for “from the relevant authority” substitute “under section
32A
”.
“Recoverable sums
32A Recovery of costs and expenses by local auditor
(1)
Subsection (2) applies in relation to the audit under this Act of the
accounts of a relevant authority other than a health service body.(2)
If the Local Audit Office is satisfied that, by virtue of any provision
of this Part, costs or expenses are recoverable by the local auditor under this section, the Office must pay the amount of those costs or expenses to the local auditor.(3)
Before being so satisfied, the Office must invite representations from
the relevant authority concerned.(4)
Subsection (5) applies in relation to the audit under this Act of the
accounts of a health service body.(5)
If, by virtue of any provision of this Part, costs or expenses are
recoverable by the local auditor under this section, the local auditor may recover the amount of those costs or expenses from the health service body as a debt.”
“Part 5A Local audit: further provision
Independence of auditors
32B Independence requirement
(1)
(2)
This subsection applies if—
(a)
P is a member or officer of the relevant authority,
(b)
where the relevant authority is a corporation sole, P is the
holder of that office,(3)
(4)
This subsection applies if—
(a)
the relevant authority is an NHS trust, and
(b)
P is a director of that NHS trust.
(5)
This subsection applies if P is—
(a)
a person elected or appointed—
(i)
as an entity connected with the relevant authority,
(ii)
to such an entity, or
(iii)
to an office of such an entity,
(b)
an employee of such an entity,
(6)
This subsection applies if there exists a connection of a prescribed
description between P and the relevant authority.(7)
In subsection (6) , “prescribed” means prescribed by regulations
made by the Secretary of State.(8)
A description of connection prescribed under subsection (6) may
be direct or indirect (and so may involve, for instance, chains of connection leading from the relevant authority to P by way of one or more interposed persons).32C Lack of independence arising after appointment
(1)
(2)
The auditor must immediately—
(a)
resign from office (with immediate effect), and
(b)
give notice in writing to the relevant authority concerned
that the auditor has resigned by reason of lack of independence.Second audits
32D Second audits where first auditor ineligible
(1)
This section applies where a person appointed as a local auditor of
the accounts of a relevant authority (“the first auditor”) was not an eligible person for any part of the period during which the audit was conducted.(2)
The Local Audit Office may direct the relevant authority to retain
an eligible person—(a)
to conduct a second audit of the accounts in question, or
(b)
to review the first audit and to report (giving reasons) on
whether a second audit of those accounts is needed.(3)
(4)
If the first auditor is or was on a local audit register kept by an
external registration body—(a)
the Local Audit Office must send to that body a copy of any
direction under subsection (2) , and(5)
A direction under subsection (2) may specify when the authority
must comply with—(a)
the requirements of the direction, or
(6)
A person appointed under this section to conduct a second audit
of the accounts of a parish meeting, or to review and report on the first audit of such accounts, must be appointed by the parish meeting itself (and not by its chairman on behalf of the parish meeting).(7)
Where a second audit is carried out under this section, any statutory
or other provision applying in relation to the first audit applies also, so far as practicable, in relation to the second audit.(8)
If the first auditor accepted appointment, or acted as the local
auditor, with knowledge of not being an eligible person, the relevant authority may recover from the first auditor any costs incurred by it in complying with the requirements of this section.(9)
For the purposes of this section, a person is “eligible” if the person—
(a)
is a registered local audit provider or the Local Audit Office,
and(b)
is not prohibited by section 32B from acting as the local
auditor of the relevant authority concerned.Partnerships
32E Effect of appointing a partnership
(1)
This section applies where a partnership constituted under the law
of—(a)
England and Wales,
(b)
Northern Ireland, or
(c)
any other country or territory in which a partnership is not
a legal person,is appointed as a local auditor under section 6G or 7.
(2)
Unless a contrary intention appears, the appointment is an
appointment of the partnership as such and not of the partners.(3)
Where the partnership ceases, the appointment is to be treated as
extending to—(a)
any appropriate partnership which succeeds to the practice
of that partnership, or(b)
any other appropriate person who succeeds to that practice
having previously carried it on in partnership.(4)
For the purposes of subsection (3) —
(a)
a partnership is to be regarded as succeeding to the practice
of another partnership only if the members of the successor partnership are substantially the same as those of the former partnership, and(b)
a partnership or other person is to be regarded as succeeding
to the practice of a partnership only if the partnership or person succeeds to the whole or substantially the whole of the business of the former partnership.(5)
Where the partnership ceases and the appointment is not treated
under subsection (3) as extending to any partnership or other person, the appointment may with the requisite consent be treated as extending to an appropriate partnership, or other appropriate person, that succeeds to—(a)
the business of the former partnership, or
(b)
such part of it as is agreed by the appointing authority is to
be treated as comprising the appointment.(6)
The requisite consent is that of—
(a)
the Local Audit Office, where the relevant authority to which
the appointment relates is not a health service body, or(b)
where that authority is a health service body, the body.
(7)
For the purposes of this section, a partnership or other person is
“appropriate” if the partnership or person—(a)
is a registered local audit provider, and
(b)
is not prohibited by section 32B from acting as the local
auditor of the relevant authority concerned.Miscellaneous powers and duties
32F Power of Local Audit Office to obtain information from relevant
authorities(1)
A relevant authority must comply with any written request by the
Local Audit Office to be provided with information.(2)
Such a request may relate to information as it exists in the future
(for instance, information about a future occurrence once it has occurred or about a future period once it has elapsed).(3)
The Office may make such a request only if the Office reasonably
requires the information concerned in connection with the performance of its functions.32G Inspection of accounts by persons exercising regulatory functions
(1)
This section applies to a person who, further to arrangements made
for the purposes of paragraph 9 or 10 of Schedule 1C , carries out an inspection or investigation concerning the audit under this Act of the accounts of a relevant authority.(2)
The person may require the relevant authority to make available
for inspection—(a)
the accounts concerned, and
(b)
the other documents relating to the authority that might
reasonably be required by a local auditor for the purposes of auditing its accounts.32H Duty of Local Audit Office to publish summaries of inspections
The Local Audit Office must, at least once in every calendar year, publish a report containing a summary of the results of the inspections of registered local audit providers that have been carried out further to arrangements made for the purposes of paragraph 9 of Schedule 1C .
Offences of deception etc
32I False or misleading information
(1)
It is an offence for a person knowingly or recklessly to provide
information that is false, misleading or deceptive in a material way—(a)
for the purposes of, or in connection with, an application
under the local audit provisions, or(b)
in purported compliance with any requirement having effect
under those provisions.(2)
In subsection (1) , “the local audit provisions” means—
(c)
registration rules within the meaning of paragraph 3 of Schedule 1C .
(3)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding the general limit in a magistrates’ court or a fine (or both);(b)
on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).32J Wrongful holding out
(1)
It is an offence for a person who is not a registered local audit
provider to—(a)
describe themselves as a registered local audit provider, or
(b)
hold themselves out so as to indicate, or be reasonably
understood to indicate, that they are a registered local audit provider.(2)
It is an offence for a person who is not an external registration body
to—(a)
describe themselves as an external registration body, or
(b)
hold themselves out so as to indicate, or be reasonably
understood to indicate, that they are an external registration body.(3)
It is an offence for a person who is not a recognised qualifying body
to—(a)
describe themselves as a recognised qualifying body, or
(b)
hold themselves out so as to indicate, or be reasonably
understood to indicate, that they are a recognised qualifying body.(4)
A person who commits an offence under this section is liable on
summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).(5)
In subsection (4) , “the maximum term for summary offences”
means—(a)
if the offence is committed before the time when section
281(5) of the Criminal Justice Act 2003 comes into force, six months;(b)
if the offence is committed after that time, 51 weeks.”
In section 43(4) (orders and regulations subject to affirmative procedure)—
in paragraphs (d) and (e), for “smaller” substitute “category 2”;
“(fa)
regulations under section 7 (8) (power to make
provision about appointment arrangements for health service bodies),”;
“(ja)
regulations under paragraph 9 (1) of Schedule 1D (delegation of powers in respect of recognised qualifying bodies);”;
omit paragraph (k);
in paragraph (l), for “that Schedule” substitute “Schedule 4”;
omit paragraph (m) (but not the “and” at the end).
“43A Connected entities
(1)
For the purposes of this Act, an entity (“E”) is connected with a
relevant authority at any time if E is an entity other than the relevant authority and the relevant authority considers that, in accordance with proper practices in force at that time—(a)
the financial transactions, reserves, assets and liabilities of
E are to be consolidated into the relevant authority’s statement of accounts for the financial year in which that time falls,(b)
the relevant authority’s share of the financial transactions,
reserves, assets and liabilities of E is to be consolidated into the relevant authority’s statement of accounts for that financial year, or(c)
the relevant authority’s share of the net assets or net
liabilities of E, and of the profit or loss of E, are to be brought into the relevant authority’s statement of accounts for that financial year.(2)
In subsection (1) , “entity” means any entity, whether or not a legal
person.(3)
(4)
In subsection (1) as it applies in relation to a health service body,
the reference to the relevant authority’s statement of accounts is to be read as a reference to the body’s accounts.”
Section 44 (interpretation) is amended as follows.
In subsection (1)—
““
advisory notice” has the meaning given by paragraph 8(1) of
Schedule 8;”;
““
firm” means any entity (whether or not a legal person) which
is not an individual, including—(a)
a body corporate,
(b)
a corporation sole, and
(c)
a partnership or other unincorporated association,
but does not include the Local Audit Office;”;
““
recognised qualifying body” has the meaning given by
paragraph 6 of Schedule 1D ;”;
omit the definition of “recognised supervisory body”.
Omit subsection (3).
In subsection (4), for “paragraph 8 of Schedule 4” substitute “section 43A ”.
Omit Schedule 3 (further provision about appointment of local auditors).
Schedule 4 (auditor panels) is amended as follows.
In paragraph 1—
in sub-paragraph (1)—
in the words before paragraph (a), for “relevant authority
(“R”)” substitute “health service body (“H”)”;
in paragraphs (a), (b) and (c), for “R” substitute “H”;
in paragraph (b), for “relevant authorities” substitute “health
service bodies”;
in sub-paragraph (2)—
in the words before paragraph (a), and in paragraph (a), for
“R” substitute “H”;
in paragraphs (a) and (b), for “R’s” substitute “H’s”;
in sub-paragraph (3)—
in paragraph (a), for “relevant authority other than R”
substitute “health service body other than H”;
in paragraph (b), for “R” substitute “H”;
in paragraphs (b) and (c), “for “R’s” substitute “H’s”;
in paragraph (d), for “R” substitute “H”;
in sub-paragraph (4), for “R”, in both places it occurs, substitute
“H”;
omit sub-paragraphs (5) and (6).
Omit paragraph 2 and the preceding italic heading.
Omit paragraph 3 and the preceding italic heading.
In paragraph 4—
in sub-paragraph (2)—
in the words before paragraph (a), omit the words from
“further” to “and”;
“(ba)
whether any of the members of an auditor
panel must be independent and, if so, the proportion which must be independent;(bb)
whether the chair of an auditor panel must
be independent;
in sub-paragraph (3)—
after “matters” insert “, except so far as relating to
independence,”;
for “relevant authority’s” substitute “health service body’s”;
for “authority” substitute “body”.
Omit paragraph 6 and the preceding italic heading.
In paragraph 7, for “relevant authority” substitute “health service body”.
Omit paragraph 8 and the preceding italic heading.
Omit Schedule 5 (eligibility and regulation of local auditors).
Schedule 6 (codes of audit practice and guidance) is amended as follows.
In paragraph 2—
in sub-paragraph (1), for “Comptroller and Auditor General”
substitute “Local Audit Office”;
in sub-paragraphs (2)(a) and (b) and (3), for “Comptroller and
Auditor General” substitute “Office”.
In paragraph 3, for “Comptroller and Auditor General” substitute “Local
Audit Office”.
In paragraph 4—
in sub-paragraph (1), for “Comptroller and Auditor General”
substitute “Local Audit Office”;
in sub-paragraphs (3), (4), (5) and (6), for “Comptroller and Auditor
General” substitute “Office”.
In paragraph 5—
in sub-paragraph (1), for “Comptroller and Auditor General”
substitute “Local Audit Office”;
in sub-paragraphs (2), (5), (6) and (7), for “Comptroller and Auditor
General”, in each place it occurs, substitute “Office”.
In paragraph 6(1), for “Comptroller and Auditor General” substitute “Local
Audit Office”.
In paragraph 7, for “Comptroller and Auditor General”—
in the first place it occurs, substitute “Local Audit Office”;
in the second place it occurs, substitute “Office”.
Omit paragraph 8 and the preceding italic heading.
In paragraph 9(1), for “Comptroller and Auditor General” substitute “Local
Audit Office”.
In paragraph 10—
in sub-paragraph (1), for “Comptroller and Auditor General”
substitute “Local Audit Office”;
in sub-paragraph (4), for “Comptroller and Auditor General”, in
each place it occurs, substitute “Office”.
Schedule 7 (reports and recommendations) is amended as follows.
“(5)
A local auditor may recover under section 32A the reasonable
costs of—(a)
determining whether to make a public interest report
(regardless of whether it is in fact made), and(b)
making a public interest report.”
In paragraph 2—
“(aa)
to the Local Audit Office,”;
“(4)
A local auditor may recover under section 32A the
reasonable costs of—(a)
determining whether to make a recommendation
(regardless of whether it is in fact made), and(b)
making a recommendation.”
“(aa)
to the Local Audit Office,”.
In Schedule 8 (advisory notices), in paragraph 3, for sub-paragraphs (5) A local auditor may recover under section
32A
the reasonable determining whether to issue an advisory notice issuing an advisory notice.”
and (6) substitute—
“(5)
costs of—
(a)
(regardless of whether it is in fact made), and
(b)
In Schedule 11 (disclosure of information), in paragraph 1, for sub-paragraph Those authorities are— the Local Audit Office, an external registration body, or any person given functions by rules or arrangements made
(3) substitute—
“(3)
(a)
(b)
(c)
for the purposes of
Schedule 1C
.”
In Schedule 12 (related amendments), omit paragraph 78 and the preceding
italic heading.
Omit Schedule 13 (transitional provision concerning NHS bodies).
In section 2(1A) of the Local Government, Planning and Land Act 1980
(application of duty to publish information to smaller authorities), in
paragraph (c), for “smaller” substitute “category 2”.
In Part 1 of Schedule 11A to the Companies Act 2006 (persons to whom The Local Audit Office. An external registration body within the meaning of the Local Any person given functions by rules or arrangements made for
audit-related information may be disclosed free from the restriction in
section 1224A of that Act), for paragraphs 17A to 17D substitute—
“17E
17F
Audit and Accountability Act 2014.
17G
the purposes of
Schedule 1C
of that Act (eligibility and regulation
of registered local audit providers).”
LDEDCA 2009 is amended as follows.
In section 104(9) (which introduces Schedule 5A), omit “and audit
committees”.
In Schedule 5A (overview and scrutiny committees and audit committees
of combined authorities)—
in the heading, omit “and audit committees”;
omit paragraph 4 and the preceding italic heading.
LURA 2023 is amended as follows.
In section 15(1) (which introduces Schedule 1), omit “and audit committees”.
In section 70 (which amends Schedule 5A to LDEDCA 2009), omit subsection
(1)(b).
In Schedule 1 (overview and scrutiny committees and audit committees of
combined county authorities)—
in the heading, omit “and audit committee”;
omit paragraph 4 and the preceding italic heading.
The Landlord and Tenant Act 1954 is amended in accordance with this
Schedule.
“Schedule 7A Rent reviews
Part 1 Key terms
“Business tenancy”
1
(1)
A tenancy is a “business tenancy” at a particular time if, at that
time, Part 2 of this Act—(a)
applies to the tenancy, or
(b)
has the potential to apply to the tenancy.
(2)
For that purpose, Part 2 has the potential to apply to the tenancy
at a particular time if, at that time—(a)
Part 2 cannot apply to the tenancy because—
(i)
none of the property comprised in the tenancy is
or includes premises which are occupied by the tenant, or(ii)
property comprised in the tenancy is or includes
premises which are occupied by the tenant, but none of those premises are so occupied for the purposes of a business carried on by the tenant or for those and other purposes,(b)
the terms of the tenancy include terms (the “permitted
business use terms”) which would permit the tenant to occupy the premises for the purposes of a business carried on by the tenant (whether the terms permit occupation for the purposes of business generally, a specific business or a specific kind of business) or for those and other purposes, and(c)
if the tenant were to occupy the premises in accordance
with the permitted business use terms (and taking into account all other circumstances), Part 2 of this Act would apply to the tenancy.(3)
(a)
would prohibit the tenant from occupying the premises
for some purposes, but(b)
would not prohibit the tenant from occupying the premises
for other purposes,are to be regarded as terms which would permit the tenant to occupy the premises for the purposes which are not prohibited.
(4)
Sub-paragraph (2) must be construed as one with section 23(1).
“Business tenancy with a rent review”
2
(1)
A tenancy is a “business tenancy with a rent review” at a
particular time if, at that time—(a)
it is a business tenancy, and
(b)
it is subject to rent review terms (whether contained in
the instrument creating the tenancy or not).(2)
In this Schedule “rent review terms” means terms under which
an amount of rent payable under the tenancy will or may change during the term of the tenancy (“rent under review”).Part 2 Triggering and operation of rent reviews
Application of this Part
3
(1)
This Part of this Schedule applies to a tenancy at a particular time
if, at that time, it is a business tenancy with a rent review.(2)
But this Part applies to such a tenancy only if—
(a)
the tenancy is—
(i)
granted, or
(ii)
varied so that it includes rent review terms,
after this Schedule comes into force, and
(b)
the grant or variation is not made under a contract entered
into before this Schedule comes into force.Tenant to have power to trigger a rent review
4
(1)
This paragraph applies if—
(a)
an action is necessary for a particular rent review to be
initiated (a “trigger action”), and(b)
the rent review terms, or any other terms (whether
contained in the instrument creating the tenancy or not), do not allow the tenant to take the trigger action.(2)
The tenant may initiate the particular rent review by giving the
landlord notice in writing.(3)
Notice under sub-paragraph (2) may not be given after the time
when trigger action may be taken.Tenant to have power to take action to enable rent review to operate effectively
5
(1)
This paragraph applies if—
(a)
an action is necessary for a particular rent review to
operate effectively (an “operational action”), and(b)
the rent review terms, or any other terms (whether
contained in the instrument creating the tenancy or not), do not allow the tenant to take the operational action.(2)
The tenant may take the operational action.
(3)
If the tenant takes the operational action, the tenant must give
the landlord notice in writing of the action within the period of seven days beginning with the day on which the action was taken.Part 3 Rent review terms that are of no effect
Application of this Part
6
(1)
This Part of this Schedule applies to a tenancy at a particular time
if, at that time—(a)
it is a business tenancy with a rent review, and
(b)
the rent review terms—
(i)
do not specify new passing rent, and
(ii)
include elements 1 and 2.
(2)
But this Part applies to such a tenancy only if—
(a)
the tenancy is—
(i)
granted, or
(ii)
varied so that it includes rent review terms that
do not specify new passing rent and include elements 1 and 2,after this Schedule comes into force, and
(b)
the grant or variation is not made under a contract entered
into before this Schedule comes into force.Rent review terms that “do not specify new passing rent”
7
Rent review terms “do not specify new passing rent” if they are
such that an amount of rent under review that will be payable at a time during the term of the tenancy (the “new passing rent”)—(a)
is not known, and
(b)
cannot be determined,
at the time when the tenancy is granted or varied so that it includes the terms.
Elements 1 and 2
8
(1)
This paragraph sets out elements 1 and 2.
(2)
Element 1: an amount of rent (the “reference amount”) is
determined by reference to—(a)
the effect of inflation or any other index or multiplier on
the rent,(b)
the amount of either or both of the following—
(i)
actual rent for premises;
(ii)
a hypothetical market rent, or other notional rent,
for premises, or(c)
the amount of the tenant’s turnover.
(3)
The premises for which rent falling within sub-paragraph (2) (b) is, or is assumed to be, payable may be either or both of the following—
(a)
the premises demised by the tenancy which is subject to
the rent review terms;(b)
other premises (whether real or hypothetical).
(4)
The reference in this paragraph to the amount of a notional rent
for premises includes an amount calculated in accordance with the rent review terms on the basis of actual or assumed information or other assumptions.(5)
Element 2: the amount of the new passing rent—
(a)
will be different from the reference amount, or
(b)
could be different from the reference amount (whether or
not the amount could, alternatively, be the reference amount).Amount of new passing rent to be larger than reference amount
9
(1)
This paragraph applies in relation to a particular rent review if
the amount of the new passing rent determined in accordance with the rent review terms would be larger than the reference amount.(2)
That includes cases where the amount of the new passing rent
would be—(a)
smaller than the rent under review, but
(b)
still larger than the reference amount.
(3)
The rent review terms are of no effect to the extent that they
would result in the new passing rent being larger than the reference amount.(4)
The amount of the new passing rent is instead to be the same as
the reference amount.Exceptions
10
(1)
The Secretary of State may, by regulations, provide for exceptions
from paragraph 9 (whether an exception relates to the paragraph generally or to an aspect of the paragraph).(2)
Regulations under this paragraph—
(a)
may include transitional or saving provision;
(b)
may make different provision for different purposes;
(c)
are to be made by statutory instrument;
(d)
may not be made unless a draft of the statutory instrument
containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.Part 4 Sub-tenancy required to include rent review terms that would be of no effect
Application of this Part
11
(1)
This Part of this Schedule applies to a tenancy (the “superior
tenancy”) at a particular time if, at that time—(a)
the superior tenancy is a business tenancy,
(b)
the superior tenancy requires or permits the grant of a
sub-tenancy (the “authorised sub-tenancy”),(c)
the authorised sub-tenancy would, at the time of its grant,
be a business tenancy with a rent review, and(d)
either—
(i)
the superior tenancy requires the authorised
sub-tenancy to include rent review terms, and that requirement can only be complied with by the inclusion of rent review terms which (on one or more particular rent reviews) would produce, or would be capable of producing, the result that is prohibited by paragraph 9 (3) , or(2)
But this Part applies to the superior tenancy only—
(a)
if the superior tenancy was—
(i)
granted, or
(ii)
varied so that it includes rent review terms that
do not specify new passing rent and include elements 1 and 2,before this Schedule comes into force, or
(b)
if the superior tenancy is—
(i)
granted, or
(ii)
varied so that it includes rent review terms that
do not specify new passing rent and include elements 1 and 2,after this Schedule comes into force and the grant or variation is made under a contract entered into before then.
Modification of terms of superior tenancy
12
(1)
The superior tenancy has effect after this Schedule comes into
force as if it requires, or as the case may be permits, the authorised sub-tenancy to include rent review terms of any kind which (on each particular rent review) would not produce, and would not be capable of producing, the result that is prohibited by paragraph 9 (3) .(2)
The actual rent review terms that are to be included in a particular
authorised sub-tenancy are to be—(a)
agreed by the persons who are to be the landlord and
tenant under that sub-tenancy, or(b)
determined in such other manner as they may agree.
(3)
Accordingly, the landlord under the superior tenancy may not
require the inclusion of particular rent review terms in the authorised sub-tenancy (unless that is what is agreed by the persons who are to be the landlord and tenant under the sub-tenancy).(4)
Interpretation
13
(1)
The following provision applies for the purposes of this Part of
this Schedule.(2)
The superior tenancy permits the grant of a sub-tenancy, or the
inclusion of particular rent review terms in a sub-tenancy, if granting the sub-tenancy, or including those terms, would not breach the terms of the superior tenancy.(3)
References to the superior tenancy, and references to the terms
of the superior tenancy, include references to—(a)
the terms of any agreement relating to the superior
tenancy, and(b)
any document or communication from a party to the
superior tenancy which gives or refuses consent for the grant of a category or description of sub-tenancy.(4)
(5)
“Sub-tenancy” means a tenancy that is inferior to the superior
tenancy (whether or not it is immediately inferior to that tenancy).(6)
Part 5 General provision
Anti-avoidance
14
An agreement (whether contained in the instrument creating the
tenancy or not) is void if, or to the extent that, it purports to require the tenant to make a payment in respect of any difference in an amount of rent which results from the operation of any other provision of this Schedule.Interpretation
15
(1)
In this Schedule—
“
business tenancy” has the meaning given in paragraph 1 ;“
business tenancy with a rent review” has the meaning given
in paragraph 2 .(2)
In this Schedule, in relation to a business tenancy with a rent
review—“
elements 1 and 2” means element 1 and element 2 set out
in paragraph 8 ;“
inflation” means a change in prices or costs (including a
change in certain kinds of prices or costs) whether or not calculated by an official index; and here “prices or costs” includes rents;“
new passing rent” has the meaning given in paragraph 7 ;“
particular rent review” means a particular occasion when
the relevant rent review terms operate or are to operate;(3)
A reference in this Schedule to rent review terms that do not
specify new passing rent has the meaning given in paragraph 7 .Schedule 7B Arrangements for renewal of tenancies: prohibited terms
Application of this Schedule
1
This Schedule applies at a particular time if, at that time,
conditions A to F are met.Condition A: a business tenancy
2
(1)
Condition A is met if Part 2 of this Act—
(a)
applies to the tenancy, or
(b)
has the potential to apply to the tenancy.
(2)
In the following paragraphs of this Schedule—
(a)
the tenancy to which Part 2 applies, or has the potential
to apply, is referred to as the “existing tenancy”;(b)
the premises let under the existing tenancy are referred
to as the “relevant premises”.(3)
For the purposes of this paragraph, Part 2 has the potential to
apply to the existing tenancy if—(a)
Part 2 cannot apply to the existing tenancy because—
(i)
none of the relevant premises are occupied by the
tenant, or(ii)
the relevant premises are or include premises
which are occupied by the tenant, but none of those premises are so occupied for the purposes of a business carried on by the tenant or for those and other purposes,(b)
the terms of the tenancy include terms (the “permitted
use terms”) which would permit the tenant to occupy relevant premises for the purposes of a business carried on by the tenant (whether the terms permit occupation for the purposes of business generally, a specific business or a specific kind of business) or for those and other purposes, and(c)
if the tenant were to occupy relevant premises in
accordance with the permitted use terms (and taking into account all other circumstances), Part 2 of this Act would apply to the tenancy.(4)
(a)
would prohibit the tenant from occupying relevant
premises for some purposes, but(b)
would not prohibit the tenant from occupying relevant
premises for other purposes,are to be regarded as terms which would permit the tenant to occupy relevant premises for the purposes which are not prohibited.
(5)
Sub-paragraph (3) must be construed as one with section 23(1).
Condition B: a tenancy renewal arrangement
3
(1)
Condition B is met if the tenant under the existing tenancy is a
party to a tenancy renewal arrangement.(2)
In this Schedule—
“
new tenancy” means a new tenancy of the whole or a part
of the relevant premises;“
tenancy renewal arrangement” means an arrangement under
which the tenant under the existing tenancy—(a)
can require the landlord or another person to grant
a new tenancy, or(b)
can be required by the landlord or another person
to take a new tenancy.Condition C: a post-commencement tenancy renewal arrangement
4
Condition C is met if the tenancy renewal arrangement is entered
into after this Schedule comes into force.Condition D: initial rent not known
5
Condition D is met if the rent payable at the start of the term of
the new tenancy (the “initial rent”)—(a)
is not known, and
(b)
cannot be determined,
at the time when the tenancy renewal arrangement is entered into.
Condition E: terms for determining the initial rent
6
Condition E is met if the tenancy renewal arrangement is subject
to terms for determining the initial rent (the “rent determination terms”) (whether or not those terms are included in the same instrument as the tenancy renewal arrangement).Condition F: method for determining the initial rent
7
(1)
Condition F is met if the rent determination terms include
elements 1 and 2 (whether or not they include any other elements).(2)
Element 1: an amount of rent (the “reference amount”) is
determined by reference to—(a)
the effect of inflation or any other index or multiplier on
the rent under the existing tenancy,(b)
the amount of either or both of the following—
(i)
actual rent for premises;
(ii)
a hypothetical market rent, or other notional rent,
for premises, or(c)
the amount of the tenant’s turnover.
(3)
The premises for which rent falling within sub-paragraph (2) (b) is payable may be either or both of the following—
(a)
the premises demised by the existing tenancy;
(b)
other premises (whether real or hypothetical).
(4)
The reference in this paragraph to the amount of a notional rent
for premises includes an amount calculated in accordance with the rent determination terms on the basis of actual or assumed information or other assumptions (such as the use of rent determination terms which provide for a turnover rent so as to calculate an amount of notional rent on the basis of actual or assumed turnover).(5)
Element 2: the amount of the initial rent—
(a)
will be different from the reference amount, or
(b)
could be different from the reference amount (whether or
not the amount could, alternatively, be the reference amount).Amount of initial rent to be larger than reference amount
8
(1)
This paragraph applies in relation to the new tenancy if the
amount of the initial rent determined in accordance with the rent determination terms would be larger than the reference amount.(2)
That includes cases where the amount of the initial rent would
be—(a)
smaller than the rent under the existing tenancy, but
(b)
still larger than the reference amount.
(3)
The rent determination terms are of no effect to the extent that
they would result in the initial rent being larger than the reference amount.(4)
The amount of the initial rent is instead to be the same as the
reference amount.Exceptions
9
(1)
The Secretary of State may, by regulations, provide for exceptions
from paragraph 8 (whether an exception relates to the paragraph generally or to an aspect of the paragraph).(2)
Regulations under this paragraph—
(a)
may include transitional or saving provision;
(b)
may make different provision for different purposes;
(c)
are to be made by statutory instrument;
(d)
may not be made unless a draft of the statutory instrument
containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.Anti-avoidance
10
An agreement (whether contained in the tenancy renewal
arrangement or not) is void if, or to the extent that, it purports to require the tenant to make a payment in respect of any difference in an amount of initial rent which results from the operation of any other provision of this Schedule.Interpretation
11
In this Schedule, in relation to a tenancy—
“
inflation” means a change in prices or costs (including a
change in certain kinds of prices or costs) whether or not calculated by an official index; and here “prices or costs” includes rents;“
initial rent” has the meaning given in paragraph 5 ;“
rent determination terms” has the meaning given in
paragraph 6 ;
“(6A)
Section 54A and Schedules 7A and 7B apply where the interest of
the landlord, or any other interest in the land in question, belongs to His Majesty in right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, or belongs to a Government department or is held on behalf of His Majesty for the purposes of a Government department, in like manner as if that interest were an interest not so belonging or held.”
A
bill
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.
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