English Devolution and Community Empowerment Bill 2024-26 Amendments

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Page 1

Part 1

Strategic authorities

The strategic authorities

Strategic authorities

(1)

This section sets out the meaning of “strategic authority” and other related

expressions for the purposes of this Act.

Strategic authorities

(2)

“Strategic authority” means—

(a)

a single foundation strategic authority,

(b)

a combined foundation strategic authority, or

(c)

a mayoral strategic authority, including an established mayoral strategic

authority.

Foundation strategic authorities

(3)

“Single foundation strategic authority” means—

(a)

a unitary district council , or

(b)

a county council,

which is designated under section 3 .

(4)

“Combined foundation strategic authority” means—

(a)

a non-mayoral combined authority, or

Page 2

(b)

a non-mayoral combined county authority.

Mayoral strategic authorities

(5)

“Mayoral strategic authority” means—

(a)

a mayoral combined authority,

(b)

a mayoral combined county authority, or

(c)

the GLA.

Established mayoral strategic authorities

(6)

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

(a)

a mayoral combined authority which is designated under section 106B

of LDEDCA 2009,

(b)

a mayoral combined county authority which is designated under

section 25A of LURA 2023, or

(c)

the Greater London Authority.

The areas of competence

Areas of competence

For the purposes of this Act, the subjects or subject referred to in each of the

following paragraphs is an “area of competence”—

(a)

transport and local infrastructure;

(b)

skills and employment support;

(c)

housing and strategic planning;

(d)

economic development and regeneration;

(e)

the environment and climate change;

(f)

health, well-being and public service reform;

(g)

public safety.

Single foundation strategic authorities

Single foundation strategic authorities

(1)

The Secretary of State may, by regulations, designate a unitary district council

or a county council as a single foundation strategic authority.

(2)

The Secretary of State may not designate a council if the council’s area is

within, or is, the area of another strategic authority.

(3)

The Secretary of State may not designate a council unless the council consents

to the designation.

(4)

Regulations under this section are subject to affirmative resolution procedure.

(5)

In this Act, see Schedule 23 for powers for the Secretary of State to confer

functions on single foundation strategic authorities.

Page 3

Combined authorities and CCAs

Combined authorities and CCAs: establishment, expansion and functions

Schedule 1 contains provision amending requirements relating to the

establishment and expansion of, and conferral of functions on, combined

authorities and CCAs.

Combined authorities and CCAs: functions generally

(1)

Before section 18 of LURA 2023 insert—

“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 23 to the English Devolution

and Community Empowerment Act 2025, or

(c)

any other enactment (whenever passed or made).”

(2)

After section 103 of LDEDCA 2009 insert—

“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 23 to the English Devolution

and Community Empowerment Act 2025, or

(c)

any other enactment (whenever passed or made).”

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

(1)

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

(2)

After section 13 insert—

“13A

Decision-making

(1)

This section applies to any decision of a CCA.

(2)

A decision of a non-mayoral CCA is to be made by a simple majority

of the voting members present and voting on that question at a meeting

of the CCA.

(3)

A decision of a mayoral CCA is to be made by a simple majority of

the voting members present and voting on that question at a meeting

of the CCA; and such a majority must include the mayor, or the deputy

mayor acting in place of the mayor.

(4)

But if—

Page 4

(a)

the office of mayor is vacant, and

(b)

there is no deputy mayor,

the decision is to be made by a simple majority of the voting members

present and voting on that question at a meeting of the CCA.

(5)

On a decision of any CCA—

(a)

each voting member has one vote;

(b)

in the case of a tied vote—

(i)

no person has a casting vote; and

(ii)

the CCA must be regarded as having disagreed to the

question that the decision should be made.

(6)

Subsections (1) to (5) are subject to provision made in any other

enactment (whenever passed or made).

(7)

That includes regulations under this Chapter or under Schedule 23 to

the English Devolution and Community Empowerment Act 2025.

(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

Page 5

(ii)

(in the case of a mayoral CCA) in the office of deputy

mayor, or

(b)

by any defect in the appointment or qualifications of—

(i)

any member or substitute member, or

(ii)

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

(2)

In this section “substitute member” means a person appointed to act

as a member in the absence of another member”

(3)

In section 13 (regulations about members), in subsection (2)(a), after “members

of a particular kind” insert “(including provision disapplying or modifying

the effect of section 13A )”.

(4)

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

(5)

After section 104C insert—

“104CA

Decision-making

(1)

This section applies to any decision of a combined authority.

(2)

A decision of a non-mayoral combined authority is to be made by a

simple majority of the voting members present and voting on that

question at a meeting of the combined authority.

(3)

A decision of a mayoral combined authority is to be made by a simple

majority of the voting members present and voting on that question

at a meeting of the combined authority; and such a majority must

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

(4)

But if—

(a)

the office of mayor is vacant, and

(b)

there is no deputy mayor,

the decision is to be made by a simple majority of the other voting

members present and voting on that question at a meeting of the

combined authority.

(5)

On a decision of any combined authority—

(a)

each voting member has one vote;

(b)

in the case of a tied vote—

(i)

no person has a casting vote; and

(ii)

the combined authority must be regarded as having

disagreed to the question that the decision should be

made.

(6)

Subsections (1) to (5) are subject to provision made in any other

enactment (whenever passed or made).

(7)

That includes an order under this Part or regulations under Schedule

23 to the English Devolution and Community Empowerment Act 2025.

(8)

In this section “voting member” means—

Page 6

(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”

(6)

In section 104C (regulations about members), in subsection (2)(a), after

“members of a particular kind” insert “(including provision disapplying or

modifying the effect of section 104CA )”.

(7)

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

functions.

Page 7

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

powers

(1)

In LURA 2023, after section 24B (inserted by section 41 (2) of this Act) insert—

“24C

Powers not limited by other provision or powers

(1)

This section applies to a power under this Chapter to make subordinate

legislation (the “SI-making power”) and a CCA if conditions A and B

are met.

(2)

Condition A : the SI-making power confers power to make provision

about a particular function or other matter (the “relevant function or

matter”) in relation to the CCA.

(3)

Condition B : provision about the relevant function or matter which

relates to the CCA—

(a)

is made by an enactment (whenever passed or made) that is

not subordinate legislation made under this Chapter (the

“separate provision”), or

(b)

could be made under a power conferred by an enactment that

is not contained in this Chapter (the “separate power”),

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

(4)

The separate provision or separate power does not limit the

subordinate legislation that may be made under the SI-making power

in relation to the CCA.

(5)

In particular, the separate provision or separate power does not prevent

subordinate legislation under the SI-making power from—

(a)

making provision about the relevant function or matter in

relation to the CCA which is to apply instead of the separate

provision;

(b)

making modifications or other contrary provision to which the

separate provision is subject in its application in relation to the

CCA.

(6)

Subsection (4) applies to provision made under the SI-making power

before or after the coming into force of this section.”

(2)

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

insert—

“104CC

Powers not limited by other provision or powers

(1)

This section applies to a power under this Part to make subordinate

legislation (the “SI-making power”) and a combined authority if

conditions A and B are met.

(2)

Condition A : the SI-making power confers power to make provision

about a particular function or other matter (the “relevant function or

matter”) in relation to the combined authority, and

Page 8

(3)

Condition B : provision about the relevant function or matter which

relates to the combined authority—

(a)

is made by an enactment (whenever passed or made) that is

not subordinate legislation made under this Part (the “separate

provision”), or

(b)

could be made under a power conferred by an enactment that

is not contained in this Part (the “separate power”),

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

authority).

(4)

The separate provision or separate power does not limit the

subordinate legislation that may be made under the SI-making power

in relation to the combined authority.

(5)

In particular, the separate provision or separate power does not prevent

subordinate legislation under the SI-making power from—

(a)

making provision about the relevant function or matter in

relation to the combined authority which is to apply instead

of the separate provision;

(b)

making modifications or other contrary provision to which the

separate provision is subject in its application in relation to the

combined authority.

(6)

Subsection (4) applies to provision made under the SI-making power

before or after the coming into force of this section.”

Combined authorities and CCAs: designation as established mayoral strategic

authorities

(1)

After section 25 of LURA 2023 insert—

“25A

Designation as an established mayoral strategic authority

(1)

The Secretary of State may, by regulations, designate a mayoral CCA

as an established mayoral strategic authority.

(2)

The Secretary of State may not designate a mayoral CCA unless the

mayoral CCA has submitted to the Secretary of State a written proposal

to be designated (the “designation proposal”).

(3)

The designation proposal must identify—

(a)

any provision—

(i)

that applies in relation to the mayoral CCA,

(ii)

that would not be of general application to the mayoral

CCA if designated, and

(iii)

which the mayoral CCA would like to continue to apply

in relation to it if designated;

(b)

any provision—

(i)

that does not apply in relation to the mayoral CCA,

Page 9

(ii)

that would not be of general application to the mayoral

CCA, if designated, and

(iii)

which the mayoral CCA would like the Secretary of

State to make (using a power conferred by this Chapter

or otherwise) so as to apply in relation to it, if

designated.

(4)

If the Secretary of State decides not to designate the mayoral CCA,

the Secretary of State must notify the authority in writing of the reasons

for the decision.

(5)

If the Secretary of State decides not to designate the mayoral CCA,

that mayoral CCA may not be designated unless another written

proposal to be designated is submitted in accordance with this section.

(6)

A Minister of the Crown must not exercise any power to make

subordinate legislation (whenever conferred) so as to cause a mayoral

CCA to cease to be an established mayoral strategic authority.

(7)

That does not limit the making of provision that is—

(a)

in consequence of, or

(b)

otherwise in connection with,

the abolition or merger of an established mayoral strategic authority

(whether the abolition or merger is provided for in secondary

legislation or an Act of Parliament).

(8)

For the purposes of this section provision would be “of general

application to a mayoral CCA if designated” if the provision is

contained in an enactment and applies in relation to—

(a)

all established mayoral strategic authorities, or

(b)

a class of established mayoral strategic authorities which would

include the mayoral CCA if designated.”

(2)

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

(3)

Before section 106 insert—

“Changes to combined authorities

(4)

After section 106A insert—

“106B

Designation as an established mayoral strategic authority

(1)

The Secretary of State may, by order, designate a mayoral combined

authority as an established mayoral strategic authority.

(2)

The Secretary of State may not designate a mayoral combined authority

unless the mayoral combined authority has submitted to the Secretary

of State a written proposal to be designated (the “designation

proposal”).

(3)

The designation proposal must identify—

Page 10

(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.”

Page 11

Appointment of commissioners by mayors

(1)

After section 29 of LURA 2023 insert—

“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 2025.”

(2)

In section 30(3) of LURA 2023 (delegation of functions by the mayor), after

paragraph (b) insert—

“(ba)

for a commissioner appointed under section 29A to exercise

any such function (but this is subject to paragraph 7 of Schedule

2A ), or”.

(3)

In Schedule 1 to LURA 2023 (overview and scrutiny committees etc), in

paragraph 1 (functions of overview and scrutiny committees), after

sub-paragraph (4) insert—

“(4A)

Paragraph 10 of Schedule 2A makes provision about particular

functions of overview and scrutiny committees in relation to

commissioners appointed under section 29A .”

(4)

After section 107C of LDEDCA 2009 insert—

“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.

Page 12

(4)

In this section and Schedule 5BA “area of competence” has the meaning

given by section 2 of the English Devolution and Community

Empowerment Act 2025.”

(5)

In section 107D(3) of LDEDCA 2009 (delegation of functions by the mayor),

after paragraph (b) insert—

“(ba)

for a commissioner appointed under section 107CA to exercise

any such function (but this is subject to paragraph 7 of Schedule

5BA ), or”.

(6)

In Schedule 5A to LDEDCA 2009 (overview and scrutiny committees etc), in

paragraph 1 (functions of overview and scrutiny committees), after

sub-paragraph (4) insert—

“(4A)

Paragraph 10 of Schedule 5BA makes provision about particular

functions of overview and scrutiny committees in relation to

commissioners appointed under section 107CA .”

(7)

Schedule 3 inserts the new Schedule 2A into LURA 2023 and the new Schedule

5BA into LDEDCA 2009.

Combined authorities and CCAs: allowances for members with special

responsibilities

(1)

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

(2)

After section 52 insert—

“52A

Allowances for members with special responsibilities

(1)

A CCA may—

(a)

make a scheme providing for the payment of allowances to

members of the CCA who have special responsibilities, and

(b)

pay allowances in accordance with the scheme.

(2)

A CCA may only make a scheme if—

(a)

the CCA has considered a report published by a relevant

remuneration panel which contains recommendations for the

allowances provided for in the scheme, and

(b)

the allowances payable under the scheme do not exceed the

amounts specified in the recommendations made by the

relevant remuneration panel.

(3)

A CCA which has made a scheme under this section must produce

and publish reports on the allowances paid under the scheme

(including their amounts).

(4)

In exercising the powers conferred by this section, or complying with

the duty to produce and publish reports, a CCA must take account

of any guidance issued for this purpose by the Secretary of State.

Page 13

(5)

In deciding the terms of a report produced for the purposes of this

section, a relevant remuneration panel must take account of any

guidance issued for this purpose by the Secretary of State.

(6)

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

(a)

an allowance under this section, and

(b)

an allowance or other payment by a constituent council,

in respect of the same special responsibilities, the amount payable

under this section is to be reduced by the amount payable by the

constituent council (and the amount payable under this section is to

be reduced to nil if it is smaller than the amount payable by the

constituent council).

(7)

Regulations under section 10(1) (about the constitutional arrangements

of a CCA) may not prevent or otherwise affect the exercise of the

power to pay an allowance under this section; but this section does

not otherwise limit the power conferred by section 10(1).

(8)

In this section—

“relevant remuneration panel” , means a panel that is specified,

or of a description specified, in regulations made by the

Secretary of State for the purposes of this section;

“special responsibilities” , in relation to a member of CCA, means

any responsibilities which the member has in addition to the

general responsibilities of being a member of the CCA.”

(3)

In section 252 (regulations)—

(a)

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

(b)

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

(c)

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

“(ca)

under section 52A ;”

(4)

After section 113D of LDEDCA 2009 insert—

“113E

Allowances for members with special responsibilities

(1)

A combined authority may—

(a)

make a scheme providing for the payment of allowances to

members of the combined authority who have special

responsibilities, and

(b)

pay allowances in accordance with the scheme.

(2)

A combined authority may only make a scheme if—

(a)

the combined authority has considered a report published by

a relevant remuneration panel which contains recommendations

for the allowances provided for in the scheme, and

(b)

the allowances payable under the scheme do not exceed the

amounts specified in the recommendations made by the

relevant remuneration panel.

Page 14

(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.”

Mayoral combined authorities and CCAs: precepts

(1)

In section 40 of the Local Government Finance Act 1992 (issue of precepts by

major precepting authorities)—

(a)

in subsection (11) (a) —

(i)

the words from “expenditure” to the end of the paragraph

become sub-paragraph (i);

(ii)

after that sub-paragraph insert “, and

“(ii)

expenditure incurred by the mayor or

the mayoral combined authority in, or in

connection with, the exercise of the

authority’s functions (as described by

Page 15

section 103A of the Local Democracy,

Economic Development and Construction

Act 2009),”;

(b)

in subsection (12) (a) —

(i)

the words from “expenditure” to the end of the paragraph

become sub-paragraph (i), and

(ii)

after that sub-paragraph insert—

“(ii)

expenditure incurred by the mayor or

the mayoral combined county authority

in, or in connection with, the exercise of

the authority’s functions (as described

by section 17A of the Levelling-up and

Regeneration Act 2023),”.

(2)

In section 107G of LDEDCA 2009 (mayors for combined authority areas:

financial matters), omit subsection (1).

(3)

In section 41 of LURA 2023 (mayors for CCA areas: financial matters), omit

subsection (1).

Power to borrow

(1)

Section 23 of the Local Government Act 2003 (meaning of “local authority”

and application of provisions to combined authorities and CCAs) is amended

in accordance with subsections (2) to (6) .

(2)

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

authority” substitute “except that—

“(a)

the power conferred by section 1 on a mayoral combined

authority is subject to the requirements in subsection (9A) to

obtain consent from the Secretary of State, and

(b)

section 1 confers power on a non-mayoral combined authority”.”

(3)

In subsection (8), for “The reference in subsection (5)” substitute “A reference

in subsection (5) or (9A)”.

(4)

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

substitute “except that—

“(a)

the power conferred by section 1 on a mayoral CCA is subject

to the requirements in subsection (9A) to obtain consent from

the Secretary of State, and

(b)

section 1 confers power on a non-mayoral CCA”.”

(5)

In subsection (8C), for “The reference in subsection (8A)” insert “A reference

in subsection (8A) or (9A)”.

Page 16

(6)

After subsection (9) insert—

“(9A)

These are the requirements to obtain consent from the Secretary of

State which apply to the exercise of the power conferred by section 1

on a mayoral combined authority or mayoral CCA—

(a)

if the combined authority or CCA had the power to borrow

under section 1 before the applicable commencement day, it

does not need to obtain consent from the Secretary of State

before any exercise of the power to borrow;

(b)

if the combined authority or CCA did not have the power to

borrow under section 1 before the applicable commencement

day—

(i)

it does not need to obtain consent from the Secretary

of State before any exercise of the power to borrow

money for a purpose relevant to its transport, police or

fire and rescue functions;

(ii)

it must obtain consent from the Secretary of State before

the first exercise of that 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 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.”

(7)

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

(a)

any borrowing undertaken by a combined authority or CCA under

Part 1 of the Local Government Act 2003 before this section came into

force, or

(b)

anything else done by a combined authority or CCA, or any other

person, before this section came into force—

Page 17

(i)

under or for the purposes of Part 1 of the Local Government

Act 2003, or

(ii)

in relation to borrowing by a combined authority or CCA under

Part 1 of the Local Government Act 2003.

Levies

(1)

Section 74 of LGFA 1988 (levies) is amended in accordance with this section.

(2)

For subsections (8) and (10) substitute—

“(8)

A combined authority established under section 103 of the Local

Democracy, Economic Development and Construction Act 2009 is to

be treated as a levying body for the purposes of this section.

(8A)

A combined authority has (by virtue of this subsection) power to issue

to its constituent councils a levy under this section in respect of any

chargeable financial year to meet relevant transport costs in relation

to that year which are not otherwise met (for example by the issuing

of a precept).

(8B)

That power is to be exercised in accordance with regulations made

under subsection (2).

(8C)

Regulations under subsection (2) may be made conferring on a

combined authority power to issue to its constituent councils and in

accordance with the regulations a levy under this section in respect

of any chargeable financial year, but only to meet costs that are not

relevant transport costs.”

(3)

In subsection (11), for “subsection (8) that include provision within subsection

(10)(b)” substitute “subsection (8B) or (8C) ”.

(4)

In subsection (14)—

(a)

in the words before the definition of “constituent council”, after “(13)”

insert “and this subsection”;

(b)

after the definition of “mayoral functions” insert—

““relevant transport costs” means costs that are reasonably

attributable to the exercise of a combined authority’s functions,

excluding mayoral functions, relating to transport.”

(5)

For subsections (15) to (17) substitute—

“(15)

A combined county authority established under section 9(1) of the

Levelling-up and Regeneration Act 2023 is to be treated as a levying

body for the purposes of this section.

(15A)

A combined county authority has (by virtue of this subsection) power

to issue to its constituent councils a levy under this section in respect

of any chargeable financial year to meet relevant transport costs in

relation to that year which are not otherwise met (for example by the

issuing of a precept).

Page 18

(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.”

(6)

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

(15C) ”.

(7)

In subsection (18)—

(a)

in the words before the definition of “constituent council”, after “(17)”

insert “and this subsection”;

(b)

after the definition of “mayoral functions” insert—

““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.”

Combined authorities and CCAs: minor amendments

(1)

In section 57 of LURA 2023 (interpretation)—

(a)

after the definition of “economic prosperity board” insert—

““established mayoral strategic authority” means a mayoral CCA

designated by the Secretary of State under section 25A ;”;

(b)

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

““non-mayoral CCA” means a CCA that is not a mayoral CCA;”.

(2)

Part 6 of LDEDCA 2009 is amended as follows—

(a)

before the italic heading before section 88 insert—

Chapter 1

Economic prosperity boards

(b)

before the italic heading before section 103 insert—

Chapter 2

Combined authorities

(c)

before the italic heading before section 113A insert—

Chapter 3

General provision

(3)

In section 120 of LDEDCA 2009 (interpretation)—

Page 19

(a)

after the definition of “deputy mayor” insert—

““established mayoral strategic authority” means a mayoral

combined authority designated by the Secretary of State under

section 106B ;”;

(b)

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

““non-mayoral combined authority” means a combined authority

that is not a mayoral combined authority;”.

The Greater London Authority

Additional functions of the GLA

After section 40 of the Greater London Authority Act 1999 insert—

“Additional functions

40A

Additional functions of the Authority, Mayor and functional bodies

Schedule 23 to the English Devolution and Community Empowerment

Act 2025 contains powers for the Secretary of State to confer further

additional functions on the Authority, the Mayor and the functional

bodies.”

Mayors

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

(1)

In Schedule 5B to LDEDCA 2009 (mayors for combined authority areas: further

provision about elections), after paragraph 9A insert—

“9B

(1)

A person is disqualified for holding office as the mayor for the area

of a combined authority if the person is an elected member of a

legislature in the United Kingdom.

(2)

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.”

(2)

In Schedule 5C to that Act (mayors for combined authority areas: PCC

functions), in paragraph 9 (disqualification)—

(a)

in sub-paragraph (1), for “sections 64 to 68” substitute “sections 64 to

66 and section 68”;

(b)

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

Page 20

(3)

In Schedule 2 to the Levelling-up and Regeneration Act 2023 (mayors for

combined county authority areas: further provisions about elections), after

paragraph 9 insert—

“9A

(1)

A person is disqualified for holding office as the mayor for the area

of a CCA if the person is an elected member of a legislature in the

United Kingdom.

(2)

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.”

(4)

In Schedule 3 to that Act (mayors for combined county authority areas: PCC

functions), in paragraph 10 (disqualification)—

(a)

in sub-paragraph (1), for “sections 64 to 68” substitute “sections 64 to

66 and section 68”;

(b)

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

(5)

In the Greater London Authority Act 1999, after section 21A insert—

“21B

Disqualification from being the Mayor: members of legislatures

(1)

A person is disqualified from being the mayor if the person is an

elected member of a legislature in the United Kingdom.

(2)

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.”

Functions of mayors of combined authorities or CCAs

(1)

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

(1) insert—

“(1A)

Any mayoral function is to be taken to be a function of the CCA that

is exercisable only by the mayor acting on behalf of the CCA.

(1B)

The members and officers of a mayoral CCA may assist 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 CCA).

(1C)

For the purposes of this section a “mayoral function” is—

(a)

a function which is conferred by an enactment on the mayor

for the area of the CCA, or

Page 21

(b)

a function which is conferred on the CCA by an enactment if

an enactment provides for the function to be exercisable only

by the mayor for the area of the CCA.”

(2)

In section 107D of LDEDCA 2009 (functions of mayors: general), after

subsection (1) insert—

“(1A)

Any mayoral function is to be taken to be a function of the combined

authority that is exercisable only by the mayor acting on behalf of the

combined authority.

(1B)

The members and officers of a mayoral combined authority may assist

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)

For the purposes of this section a “mayoral function” is—

(a)

a function which is conferred by an enactment on the mayor

for the area of the combined authority, or

(b)

a function which is conferred on the combined authority by

an enactment if an enactment provides for the function to be

exercisable only by the mayor for the area of the combined

authority.”

The “general functions” of mayors

(1)

Section 30 of LURA 2023 (functions of mayors: general) is amended in

accordance with subsections (2) and (3) .

(2)

In subsection (2), after “exercisable by the mayor” insert “(whether by virtue

of regulations under subsection (1) or otherwise)”.

(3)

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

this Act or otherwise)”.

(4)

Section 107D of LDEDCA 2009 (functions of mayors: general) is amended in

accordance with subsections (5) and (6) .

(5)

In subsection (2), after “exercisable by the mayor” insert “(whether by virtue

of an order under subsection (1) or otherwise)”.

(6)

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

this Act or otherwise)”.

Page 22

Annual report on devolution

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

2016

For section 1 of the Cities and Local Government Devolution Act 2016

(devolution: annual report) substitute—

“1

Devolution: annual report

(1)

The Secretary of State must lay before each House of Parliament an

annual report about devolution for all areas within England pursuant

to the provisions of—

(a)

this Act,

(b)

Part 6 of the Local Democracy, Economic Development and

Construction Act 2009,

(c)

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

2023,

(d)

Parts 1 and 2 of the English Devolution and Community

Empowerment Act 2025, and

(e)

any other enactment.

(2)

The annual report must include information on—

(a)

the areas of the country where strategic authorities have been

established,

(b)

the areas of the country where proposals have been received

by the Secretary of State for establishment of a strategic

authority and negotiations have taken place but agreement has

not yet been reached,

(c)

strategic authorities which have moved from one category of

strategic authorities to another category,

(d)

additional functions which have been conferred on strategic

authorities within each category of strategic authorities or on

particular strategic authorities, and

(e)

additional financial resources which have been devolved on

strategic authorities within each category of strategic authorities

or on particular strategic authorities.

(3)

The annual report must be laid before each House of Parliament as

soon as practicable after 31 March each year.

(4)

In this section “strategic authority” and “category of strategic

authorities” have the same meanings as in the English Devolution and

Community Empowerment Act 2025 (see section 72 (1) of that Act).”

Page 23

Part 2

Functions of strategic authorities and mayors

Mayoral powers of competence

Extension of general power of competence to strategic authorities

Schedule 4 amends the Localism Act 2011 to extend the general power of

competence to combined authorities and CCAs and their mayors.

Power of mayors to convene meetings with local partners

(1)

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

“Collaboration

17B

Mayoral power to convene meetings with local partners

(1)

The mayor for the area of a CCA may convene meetings with local

partners to consider relevant local matters.

(2)

In exercising the function of convening meetings, a mayor must have

regard to any guidance issued for this purpose by the Secretary of

State.

(3)

If a mayor notifies a local partner that the mayor intends to convene

a meeting under this section with that local partner, the local partner

must respond to the notification.

(4)

In responding to a notification given by a mayor, a local partner must

have regard to any guidance issued for this purpose by the Secretary

of State.

(5)

In this section—

“local partner” means a person specified, or of a description

specified, in regulations made by the Secretary of State;

“relevant local matter” , in relation to the mayor for the area of a

CCA, means a matter which relates both to—

(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 2025.”

(2)

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

“103B

Mayoral power to convene meetings with local partners

(1)

The mayor for the area of a combined authority may convene meetings

with local partners to consider relevant local matters.

Page 24

(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 2025.”

(3)

After section 40A of GLAA 1999 (inserted by section 15 of this Act) insert—

“Collaboration

40B

Mayor’s power to convene meetings with local partners

(1)

The Mayor may convene meetings with local partners to consider

relevant local matters.

(2)

In exercising the function of convening meetings, the Mayor must

have regard to any guidance issued for this purpose by the Secretary

of State.

(3)

If the Mayor notifies a local partner that the Mayor intends to convene

a meeting under this section with that local partner, the local partner

must respond to the notification.

(4)

In responding to a notification given by the Mayor, a local partner

must have regard to any guidance issued for this purpose by the

Secretary of State.

(5)

In this section—

“local partner” means a person specified, or of a description

specified, in regulations made by the Secretary of State;

“relevant local matter” , in relation to the Mayor of London, means

a matter which relates both to—

(a)

Greater London, and

Page 25

(b)

one or more of the areas of competence set out in

section 2 of the English Devolution and Community

Empowerment Act 2025.”

Duty of mayors to collaborate

(1)

After section 17B of LURA 2023 (inserted by section 21 of this Act) insert—

“17C

Request to collaborate

(1)

The mayor for the area of a CCA (“mayor A”) may make a request to

another elected mayor (“mayor B”) for the mayors to collaborate in

relation to a matter relating to 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,

(b)

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

and some or all of the people who live or work in mayor B’s

area.

(4)

Mayor A may make a collaboration request only if mayor A’s area

adjoins mayor B’s area.

(5)

A collaboration request must be in writing.

(6)

Mayor A must publish, in such manner as the mayor thinks

appropriate, any collaboration request which the mayor makes.

(7)

The mayors for the areas of CCAs must have regard to any guidance

issued by the Secretary of State in exercising powers, and complying

with duties, under this section.

(8)

Section 17E makes provision about collaboration requests made by,

or to, two or more elected mayors.

(9)

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

“area of competence” has the same meaning as in the English

Devolution and Community Empowerment Act 2025 (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,

Page 26

(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—

Page 27

(a)

sections 17C and 17D apply in relation to each of the requesting

mayors separately, and

(b)

accordingly, in the application of those sections in relation to

a particular requesting mayor, “mayor A” means that mayor.

(4)

A single mayor for the area of a CCA (the “requesting mayor”) may

make a collaboration request to two or more elected mayors (the

“potential collaborating mayors”) if each potential collaborating mayor’s

area meets the neighbour test.

(5)

For that purpose, a potential collaborating mayor’s area meets the

neighbour test if that area adjoins the requesting mayor’s area.

(6)

If a single mayor for the area of a CCA makes a collaboration request

to two or more elected mayors—

(a)

sections 17C and 17D apply in relation to each of the potential

collaborating mayors separately, and

(b)

accordingly, in the application of those sections in relation to

a particular potential collaborating mayor, “mayor B” means

that mayor.

(7)

Two or more elected mayors (the “requesting mayors”) may make a

collaboration request to two or more elected mayors (the “potential

collaborating mayors”) if—

(a)

at least one of the requesting mayors is the mayor for the area

of a CCA,

(b)

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

(c)

each potential collaborating mayor’s area meets the neighbour

test.

(8)

For the purposes of subsection (7) , a requesting mayor’s area meets

the neighbour test if that area—

(a)

adjoins every other requesting mayor’s area, and

(b)

adjoins every potential collaborating mayor’s area.

(9)

For the purposes of subsection (7) , a potential collaborating mayor’s

area meets the neighbour test if that area adjoins every requesting

mayor’s area.

(10)

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

more elected mayors—

(a)

sections 17C and 17D apply in relation to each of the requesting

mayors separately, and

(b)

accordingly, in the application of those sections in relation to

a particular requesting mayor, “mayor A” means that mayor;

(c)

sections 17C and 17D apply in relation to each of the potential

collaborating mayors separately, and

Page 28

(d)

accordingly, in the application of those sections in relation to

a particular potential collaborating mayor, “mayor B” means

that mayor.

(11)

In this section—

“potential collaborating mayor’s area” means the area for which

a potential collaborating mayor is the mayor;

“requesting mayor’s area” means the area for which a requesting

mayor is the mayor.”

(2)

After section 103B of LDEDCA 2009 (inserted by section 21 of this Act) insert—

“103C

Request to collaborate

(1)

The mayor for the area of a combined authority (“mayor A”) may

make a request to another elected mayor (“mayor B”) for the mayors

to collaborate in relation to a matter relating to 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,

(b)

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

and some or all of the people who live or work in mayor B’s

area.

(4)

Mayor A may make a collaboration request only if mayor A’s area

adjoins mayor B’s area.

(5)

A collaboration request must be in writing.

(6)

Mayor A must publish, in such manner as the mayor thinks

appropriate, any collaboration request which the mayor makes.

(7)

The mayors for the areas of combined authorities must have regard

to any guidance issued by the Secretary of State in exercising powers,

and complying with duties, under this section.

(8)

Section 103E makes provision about collaboration requests made by,

or to, two or more elected mayors.

(9)

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

“area of competence” has the same meaning as in the English

Devolution and Community Empowerment Act 2025 (see

section 2 of that Act);

Page 29

“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,

(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

Page 30

(b)

adjoins the potential collaborating mayor’s area.

(3)

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

elected mayor—

(a)

sections 103C and 103D apply in relation to each of the

requesting mayors separately, and

(b)

accordingly, in the application of those sections in relation to

a particular requesting mayor, “mayor A” means that mayor.

(4)

A single mayor for the area of a combined authority (the “requesting

mayor”) may make a collaboration request to two or more elected

mayors (the “potential collaborating mayors”) if each potential

collaborating mayor’s area meets the neighbour test.

(5)

For that purpose, a potential collaborating mayor’s area meets the

neighbour test if that area adjoins the requesting mayor’s area.

(6)

If a single mayor for the area of a combined authority makes a

collaboration request to two or more elected mayors—

(a)

sections 103C and 103D apply in relation to each of the

potential collaborating mayors separately, and

(b)

accordingly, in the application of those sections in relation to

a particular potential collaborating mayor, “mayor B” means

that mayor.

(7)

Two or more elected mayors (the “requesting mayors”) may make a

collaboration request to two or more elected mayors (the “potential

collaborating mayors”) if—

(a)

at least one of the requesting mayors is the mayor for the area

of a combined authority,

(b)

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

(c)

each potential collaborating mayor’s area meets the neighbour

test.

(8)

For the purposes of subsection (7) , a requesting mayor’s area meets

the neighbour test if that area—

(a)

adjoins every other requesting mayor’s area, and

(b)

adjoins every potential collaborating mayor’s area.

(9)

For the purposes of subsection (7) , a potential collaborating mayor’s

area meets the neighbour test if that area adjoins every requesting

mayor’s area.

(10)

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

more elected mayors—

(a)

sections 103C and 103D apply in relation to each of the

requesting mayors separately, and

(b)

accordingly, in the application of those sections in relation to

a particular requesting mayor, “mayor A” means that mayor;

Page 31

(c)

sections 103C and 103D apply in relation to each of the

potential collaborating mayors separately, and

(d)

accordingly, in the application of those sections in relation to

a particular potential collaborating mayor, “mayor B” means

that mayor.

(11)

In this section—

“potential collaborating mayor’s area” means the area for which

a potential collaborating mayor is the mayor;

“requesting mayor’s area” means the area for which a requesting

mayor is the mayor.”

(3)

After section 40B of GLAA 1999 (inserted by section 21 of this Act) insert—

“40C

Request to collaborate

(1)

The Mayor of London (“mayor A”) may make a request to another

elected mayor (“mayor B”) for the mayors to collaborate in relation to

a matter relating to 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,

(b)

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

and some or all of the people who live or work in mayor B’s

area.

(4)

Mayor A may make a collaboration request only if Greater London

adjoins mayor B’s area.

(5)

A collaboration request must be in writing.

(6)

Mayor A must publish, in such manner as the mayor thinks

appropriate, any collaboration request which the mayor makes.

(7)

The Mayor of London must have regard to any guidance issued by

the Secretary of State in exercising powers, and complying with duties,

under this section.

(8)

Section 40E makes provision about collaboration requests made by,

or to, two or more elected mayors.

(9)

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

Page 32

“area of competence” has the same meaning as in the English

Devolution and Community Empowerment Act 2025 (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—

Page 33

(a)

adjoins every other requesting mayor’s area, and

(b)

adjoins the potential collaborating mayor’s area.

(3)

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

elected mayor—

(a)

sections 40C and 40D apply in relation to each of the requesting

mayors separately, and

(b)

accordingly, in the application of those sections in relation to

a particular requesting mayor, “mayor A” means that mayor.

(4)

The Mayor of London (the “requesting mayor”) may make a

collaboration request to two or more elected mayors (the “potential

collaborating mayors”) if each potential collaborating mayor’s area

meets the neighbour test.

(5)

For that purpose, a potential collaborating mayor’s area meets the

neighbour test if that area adjoins Greater London.

(6)

If the Mayor of London makes a collaboration request to two or more

elected mayors—

(a)

sections 40C and 40D apply in relation to each of the potential

collaborating mayors separately, and

(b)

accordingly, in the application of those sections in relation to

a particular potential collaborating mayor, “mayor B” means

that mayor.

(7)

Two or more elected mayors (the “requesting mayors”) may make a

collaboration request to two or more elected mayors (the “potential

collaborating mayors”) if—

(a)

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

(b)

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

(c)

each potential collaborating mayor’s area meets the neighbour

test.

(8)

For the purposes of subsection (7) , a requesting mayor’s area meets

the neighbour test if that area—

(a)

adjoins every other requesting mayor’s area, and

(b)

adjoins every potential collaborating mayor’s area.

(9)

For the purposes of subsection (7) , a potential collaborating mayor’s

area meets the neighbour test if that area adjoins every requesting

mayor’s area.

(10)

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

more elected mayors—

(a)

sections 40C and 40D apply in relation to each of the requesting

mayors separately, and

(b)

accordingly, in the application of those sections in relation to

a particular requesting mayor, “mayor A” means that mayor;

Page 34

(c)

sections 40C and 40D apply in relation to each of the potential

collaborating mayors separately, and

(d)

accordingly, in the application of those sections in relation to

a particular potential collaborating mayor, “mayor B” means

that mayor.

(11)

In this section—

“potential collaborating mayor’s area” means the area for which

a potential collaborating mayor is the mayor;

“requesting mayor’s area” means the area for which a requesting

mayor is the mayor.”

Transport and local infrastructure

Regulation of provision of micromobility vehicles

Schedule 5 confers on strategic authorities, and local authorities where there

is no strategic authority, powers to regulate the provision of micromobility

vehicles.

Arrangements to carry out works on highways

Schedule 6 makes provision about arrangements made by combined authorities

and CCAs to carry out works on highways.

Civil enforcement of traffic contraventions

Schedule 7 confers on combined authorities and CCAs functions in relation

to civil enforcement of traffic contraventions.

Restrictions on disposal of land by Transport for London

(1)

The GLAA 1999 is amended as follows.

(2)

In section 163(1), in the words after paragraph (b), for “Secretary of State”

substitute “appropriate person”.

(3)

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

(4)

After section 163(4), insert—

“(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—

Page 35

(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)

For 163(5) substitute—

“(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.”

(6)

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

(7)

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

““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);”

(8)

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

(9)

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

“(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

Page 36

laid before, and approved by a resolution of, each House of

Parliament.”

Key route network roads

Schedule 8 makes provision about key route network roads (including road

traffic reduction).

Constituent councils to act in accordance with local transport plans etc

For section 113 of the Transport Act 2000 substitute—

“113

Role of councils in relation to policies etc of ITAs, combined

authorities & CCAs

(1)

A metropolitan district council that is within the area of an Integrated

Transport Authority (the “ITA”)—

(a)

must carry out its functions so as to implement the policies

developed by the ITA in accordance with section 108(1)(b);

(b)

must, in carrying out its functions in accordance with paragraph

(a) —

(i)

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

(ii)

have regard to the proposals contained in the applicable

local transport plan;

(c)

must—

(i)

cause a copy of the applicable local transport plan to

be made available for inspection (at all reasonable

hours) at such places as it thinks fit,

(ii)

give notice, by such means as it thinks expedient for

bringing the applicable local transport plan to the

attention of the public, as to the places at which a copy

of it may be inspected, and

(iii)

supply a copy of the applicable local transport plan (or

any part of it) to any person on request, either free of

charge or at a charge representing no more than the

cost of providing the copy.

(2)

A constituent council of a combined authority or a combined county

authority—

(a)

must carry out its functions so as to implement the policies

developed by the combined authority or combined county

authority in accordance with section 108(1)(b);

(b)

must, in carrying out its functions in accordance with paragraph

(a) —

(i)

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

(ii)

have regard to the proposals contained in the applicable

local transport plan;

(c)

must—

Page 37

(i)

cause a copy of the applicable local transport plan to

be made available for inspection (at all reasonable

hours) at such places as it thinks fit,

(ii)

give notice, by such means as it thinks expedient for

bringing the applicable local transport plan to the

attention of the public, as to the places at which a copy

of it may be inspected, and

(iii)

supply a copy of the applicable local transport plan (or

any part of it) to any person on request, either free of

charge or at a charge representing no more than the

cost of providing the copy.

(3)

In this section—

“applicable local transport plan” —

(a)

in relation to a metropolitan district council that is

within the area of an Integrated Transport Authority,

means the local transport plan of the ITA;

(b)

in relation to a constituent council of a combined

authority or combined county authority, means the local

transport plan of that authority;

“constituent council” —

(a)

in relation to a combined authority, means—

(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, means—

(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 a district

council whose area does not form part of the area of a

county council.

(4)

In any enactment, a reference—

(a)

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

(b)

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

(c)

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

(d)

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

Local transport authorities and other transport functions

Schedule 9 confers on combined authorities and CCAs functions as local

transport authorities and makes provision about other functions relating to

transport.

Page 38

Skills and employment support

Adult education

Schedule 10 confers on strategic authorities functions relating to adult

education.

Housing and strategic planning

Planning applications of potential strategic importance

Schedule 11 confers on mayors of combined authorities and CCAs functions

in relation to planning applications of potential strategic importance.

Development orders

(1)

Schedule 12 confers on mayors of combined authorities and CCAs functions

in relation to development orders.

(2)

Schedule 13 contains amendments relating to section 31 and this section.

Power to charge community infrastructure levy

Schedule 14 confers on mayors of combined authorities and CCAs powers to

charge community infrastructure levy.

Acquisition and development of land

Schedule 15 confers on strategic authorities functions relating to the acquisition

and development of land.

Housing accommodation

Schedule 16 confers on combined authorities and CCAs functions relating to

housing accommodation.

Mayoral development corporations

Schedule 17 provides for mayoral development corporations to be established

within the areas of mayoral combined authorities and mayoral CCAs.

Economic development and regeneration

Assessment of economic conditions

Schedule 18 confers on combined authorities and CCAs functions in relation

to the assessment of economic conditions.

Page 39

Local growth plans

(1)

Schedule 19 confers on mayoral strategic authorities functions in relation to

local growth plans.

Local Government Act 2003: expenditure grant

(1)

Chapter 1 of Part 3 of the Local Government Act 2003 (expenditure grant) is

amended in accordance with this section.

(2)

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

Ministers”.

(3)

After section 32 insert—

“32A

Power of strategic authorities to pay grant

(1)

A combined authority or CCA may pay to a constituent council a

grant towards expenditure incurred or to be incurred by it.

(2)

The amount of a grant under this section and the manner of its

payment are to be such as the person paying it may determine.

(3)

A grant under this section may be paid on such conditions as the

person paying it may determine.

(4)

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

(a)

provision as to the use of the grant;

(b)

provision as to circumstances in which the whole or part of

the grant must be repaid.

(5)

Subsection (6) applies where, in exercising a function under this section,

a combined authority or CCA determines an amount of grant to be

paid towards expenditure incurred or to be incurred by a constituent

council in relation to the exercise of its highway functions.

(6)

In determining that amount, the combined authority or CCA must

have regard to the desirability of ensuring that the constituent council

has sufficient funds to facilitate the effective discharge of those highway

functions.

(7)

To comply with subsection (6) , the combined authority or CCA must

take into account any other sources of funding available to the

constituent council for expenditure incurred or to be incurred in

relation to the exercise of its highway functions.

(8)

The functions conferred by this section on a mayoral combined

authority or mayoral CCA are functions of the authority or CCA

exercisable only by the mayor on behalf of the authority or CCA.

(9)

In this section—

Page 40

“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).”

Encouragement of visitors and promotion of visitors

(1)

LGA 1972 is amended in accordance with this section.

(2)

In section 144 (power to encourage visitors and provide conference and other

facilities), in subsections (1) and (2), after “local authority” insert “, combined

authority or combined county authority”.

(3)

In section 145 (provision of entertainments)—

(a)

in subsection (1), in the words before paragraph (a), after “local

authority” insert “, combined authority or combined county authority”;

(b)

in subsection (2), in the words before paragraph (a), after “local

authority” insert “, combined authority or combined county authority”.

Page 41

Co-operation with local government pension scheme managers

(1)

After section 107ZB of LDEDCA 2009 (inserted by section 43 (1) of this Act ),

insert—

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

107ZC

Co-operation with local government pension scheme managers

(1)

This section applies where a scheme manager is responsible for

managing and administering part of a scheme for local government

workers in England and Wales in relation to a current employee of a

constituent council of a combined authority in connection with that

employment.

(2)

The combined authority must co-operate with the scheme manager to

identify and develop investment opportunities appropriate to the

pension fund that the scheme manager maintains for its part of the

scheme.

(3)

Where the scheme manager participates in an asset pool company,

the combined authority may fulfil its duty to co-operate with the

scheme manager under subsection (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, or

(b)

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(7) of

the Pension Schemes Act 2025;

“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).”

Page 42

(2)

After section 24A of LURA 2023 (inserted by section 43 (2) of this Act), insert—

“24B

Co-operation with local government pension scheme managers

(1)

This section applies where a scheme manager is responsible for

managing and administering part of a scheme for local government

workers in England and Wales in relation to a current employee of—

(a)

a constituent council of a CCA, or

(b)

a district council which is not a constituent council where any

part of the area of the council falls within the area of a CCA,

in connection with that employment.

(2)

The CCA must cooperate with the scheme manager to identify and

develop investment opportunities appropriate to the pension fund

that the scheme manager maintains for its part of the scheme.

(3)

Where the scheme manager participates in an asset pool company,

the CCA may fulfil its duty to co-operate with the scheme manager

under subsection (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, or

(b)

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(7) of

the Pension Schemes Act 2025;

“local government worker” has the meaning given by section 37

of the Public Service Pensions Act 2013;

“scheme” has the meaning given by section 37 of the Public

Service Pensions Act 2013;

“scheme manager” , in relation to a scheme for local government

workers, means a person who is a scheme manager by virtue

of section 4(5) of the Public Service Pensions Act 2013 (being

a person responsible for the local administration of pensions

and other benefits payable under the scheme who maintains

a pension fund for the purposes of providing pensions and

other benefits under its part of the scheme).”

(3)

After section 403 of the GLAA 1999, insert—

“403ZA

Co-operation with local government pension scheme managers

(1)

The Authority must co-operate with a scheme manager for a scheme

for local government workers in England and Wales who falls within

subsection (2) to identify and develop investment opportunities

Page 43

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, or

(b)

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 (7) of

the Pension Schemes Act 2025 ;

“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).”

Miscellaneous local authority functions

Schedule 20 confers on combined authorities and CCAs and the GLA

miscellaneous functions exercisable by local authorities.

Page 44

Health, well-being & public service reform

Health improvement and health inequalities duty

(1)

After section 107ZA of LDEDCA 2009 insert—

“Combined authorities: health

107ZB

Health improvement and health inequalities duty

(1)

When considering whether or how to exercise any of its functions, a

combined authority must have regard to the need to—

(a)

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

and

(b)

reduce health inequalities between persons living in the

combined authority’s area.

(2)

When considering whether or how to exercise any function, the mayor

for the area of a combined authority must have regard to the

considerations set out in subsection (1).

(3)

Health inequalities “between persons” living in an area means health

inequalities between persons, or persons of different descriptions,

living in, or in different parts of, an area.

(4)

“Health inequalities” means inequalities in respect of life expectancy

or general state of health which are wholly or partly a result of

differences in respect of general health determinants.

(5)

“General health determinants” are—

(a)

standards of housing, transport services or public safety,

(b)

employment prospects, earning capacity and any other matters

that affect levels of prosperity,

(c)

the degree of ease or difficulty with which persons have access

to public services,

(d)

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.”

Page 45

(2)

After section 24 of LURA 2023 insert—

“24A

Health improvement and health inequalities duty

(1)

When considering whether or how to exercise any of its functions, a

CCA must have regard to the need to—

(a)

improve the health of persons in the CCA’s area; and

(b)

reduce health inequalities between persons living in the CCA’s

area.

(2)

When considering whether or how to exercise any function, the mayor

for the area of a CCA must have regard to the considerations set out

in subsection (1).

(3)

Health inequalities “between persons” living in an area means health

inequalities between persons, or persons of different descriptions,

living in, or in different parts of, an area.

(4)

“Health inequalities” means inequalities in respect of life expectancy

or general state of health which are wholly or partly a result of

differences in respect of general health determinants.

(5)

“General health determinants” are—

(a)

standards of housing, transport services or public safety,

(b)

employment prospects, earning capacity and any other matters

that affect levels of prosperity,

(c)

the degree of ease or difficulty with which persons have access

to public services,

(d)

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.”

Public safety

Functions of police and crime commissioners

(1)

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

Page 46

(a)

after subsection (1) insert—

“(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 ).”;

(b)

in subsection (2), for “The reference in subsection (1)” substitute “A

reference in this section”;

(c)

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

(d)

after subsection (4) insert—

“(4A)

For provision about the exercise of functions of a police and

crime commissioner by the mayor for the area of a combined

authority by virtue of subsection (1A) , see Schedule 10A to the

Police Reform and Social Responsibility Act 2011.”;

(e)

in subsection (8)(b), after “Schedule 5C” insert “to this Act or Schedule

10A to the Police Reform and Social Responsibility Act 2011”.

(2)

After section 107F of LDEDCA 2009 insert—

“107FA

The “eligibility” and “transfer” conditions

(1)

This section sets out the “eligibility condition” and “transfer condition”

referred to in section 107F (1A) .

(2)

A combined authority meets the eligibility condition in case A or case

(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 fire and rescue areas.

(5)

A combined authority meets the transfer condition in relation to an

English police area if—

(a)

the Secretary of State has, by order, specified the time at which

the mayor for the area of the authority is to begin exercising

functions of a police and crime commissioner (the “transfer

time”), and

(b)

the transfer time has passed.

(6)

If a mayoral combined authority or mayoral CCA meets the eligibility

condition in relation to two or more English police areas, the Secretary

of State may only exercise the power conferred by subsection (5) (a)

so as to specify the same transfer time in relation to all of those police

areas.

Page 47

(7)

In this section “English police area” means a police area listed in

Schedule 1 to the Police Act 1996 (police areas outside London) that

is in England.”

(3)

In section 107G of LDEDCA 2009 (mayors for combined authorities: financial

matters), after subsection (4) insert—

“(4A)

Where the mayoral functions of a mayor include PCC functions in

relation to more than one police area, the provision made in accordance

with subsection (4)(a) which ensures that there are separate components

in respect of—

(a)

the mayor's PCC functions, and

(b)

the mayor's general functions,

must include separate components in respect of the mayor’s PCC

functions in relation to the different police areas.”

(4)

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

(a)

after subsection (1) insert—

“(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 ).”;

(b)

in subsection (2), for “The reference in subsection (1)” substitute “A

reference in this section”;

(c)

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

(d)

after subsection (4) insert—

“(4A)

For provision about the exercise of functions of a police and

crime commissioner by the mayor for the area of a CCA by

virtue of subsection (1A) , see Schedule 10A to the Police Reform

and Social Responsibility Act 2011.”;

(e)

in subsection (8)(b), after “Schedule 5C” insert “to this Act or Schedule

10A to the Police Reform and Social Responsibility Act 2011”.

(5)

After section 33 of LURA 2023 insert—

“33A

The “eligibility” and “transfer” conditions

(1)

This section sets out the “eligibility condition” and “transfer condition”

referred to in section 33 (1A) .

(2)

A mayoral 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.

Page 48

(5)

A CCA meets the transfer condition in relation to an English police

area if—

(a)

the Secretary of State has, by order, specified the time at which

the mayor for the area of the CCA is to begin exercising

functions of a police and crime commissioner (the “transfer

time”), and

(b)

the transfer time has passed.

(6)

If a mayoral CCA meets the eligibility condition in relation to two or

more English police areas, the Secretary of State may only exercise

the power conferred by subsection (5) (a) so as to specify the same

transfer time in relation to all of those police areas.

(7)

In this section “English police area” means a police area listed in

Schedule 1 to the Police Act 1996 (police areas outside London) that

is in England.”

(6)

In section 41 of LURA 2023 (mayors for CCA areas: financial matters), after

subsection (4) insert—

“(4A)

Where the mayoral functions of a mayor include PCC functions in

relation to more than one police area, the provision made in accordance

with subsection (4)(a) which ensures that there are separate components

in respect of—

(a)

the mayor's PCC functions, and

(b)

the mayor's general functions,

must include separate components in respect of the mayor’s PCC

functions in relation to the different police areas.”

(7)

After paragraph 21(a) of Schedule 1 to the Greater Manchester Combined

Authority (Transfer of Police and Crime Commissioner Functions to the

Mayor) Order 2017 (S.I. 2017/470), insert—

“(aa)

for subsection (1) substitute—

“(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.”

(8)

After—

(a)

after paragraph 21(a) of the West Yorkshire Combined Authority

(Election of Mayor and Functions) Order 2021 (S.I. 2021/112),

(b)

after paragraph 21(a) of the York and North Yorkshire Combined

Authority Order 2023 (S.I. 2023/1432), and

(c)

after paragraph 21(a) of the South Yorkshire Mayoral Combined

Authority (Election of Mayor and Transfer of Police and Crime

Commissioner Functions) Order 2024 (S.I. 2024/4140,

Page 49

insert—

“(aa)

for subsection (1) substitute—

“(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.”

PCCs and police areas

(1)

In section 1 of PRSRA 2011 (police and crime commissioners), for subsection

(9A) substitute—

“(9A)

Subsection (1) does not apply to an area if the mayor for the area of

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)

an order under section 107F(1) of the Local Democracy,

Economic Development and Construction Act 2009;

(b)

section 107F (1A) of that Act;

(c)

regulations under section 33(1) of the Levelling-up and

Regeneration Act 2023;

(d)

section 33 (1A) of that Act.

(9B)

See section 76A and Schedule 10A for 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.”

(2)

After section 76 of PRSRA 2011 insert—

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.”

(3)

After Schedule 10 to PRSRA 2011, insert Schedule 10A set out in Schedule

21 to this Act.

(4)

In the Police Act 1996—

Page 50

(a)

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

(i)

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

(ii)

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

“(c)

the order is made in connection with the

functions of a police and crime commissioner

becoming exercisable by the mayor for the area

of a mayoral strategic authority.

“(3A)

For that purpose, an order “is made in connection with

the functions of a police and crime commissioner

becoming exercisable by the mayor for the area of a

mayoral strategic authority” if—

(a)

the police areas that are altered by the order are

all in England, and

(b)

the Secretary of State’s purpose in making the

regulations is to—

(i)

cause a mayoral strategic authority to

meet the eligibility condition in relation

to an altered police area, and

(ii)

enable the Secretary of State to specify a

transfer time in relation to that mayoral

strategic authority and altered police area

that will result in the mayor for the area

of the mayoral strategic authority

exercising functions of a police and crime

commissioner in relation to that area.”;

(b)

in section 32, after subsection (4) insert—

“(4A)

In this section—

“eligibility condition” has the same meaning as in—

(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);

“transfer time” has the same meaning as in—

(a)

section 107FA of the Local Democracy, Economic

Development and Construction Act 2009, or

Page 51

(b)

section 33A of the Levelling-up and Regeneration

Act 2023;”;

(c)

in section 34 (orders altering police areas: supplementary provision),

in subsection (5), after “subsection (3)(a)” insert “or (3)(c)”.

Functions of fire and rescue authorities

(1)

Section 1 of FRSA 2004 (fire and rescue authorities) is amended in accordance

with subsections (2) and (3) .

(2)

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

“(f)

a mayoral combined authority or mayoral CCA is the fire and

rescue authority for an English fire and rescue area outside

London if the authority or CCA meets—

(i)

the eligibility condition, and

(ii)

the transfer condition,

in relation to the fire and rescue area (see section 1A ).”

(3)

After subsection (2) insert—

“(2A)

If a mayoral combined authority or mayoral CCA is the fire and rescue

authority for a fire and rescue area by virtue of subsection (2) (f) , a

council or other authority is not the fire and rescue authority for that

area by virtue of subsection (2)(a) to (e) or section 2 or 4.

(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 CCA.”

(4)

After section 1 of FRSA 2004 insert—

“1A

The “eligibility” and “transfer” conditions

(1)

This section sets out the “eligibility condition” and “transfer condition”

referred to in section 1(2) (f) (i) and (ii) .

(2)

A mayoral combined authority or mayoral CCA meets the “eligibility

condition” in relation to an English fire and rescue area outside London

in case A or case B.

(3)

Case A : the authority’s area is the same as a single English fire and

rescue area outside London.

In this case, the authority meets the eligibility condition in relation to

the single fire and rescue area.

(4)

Case B : the authority’s area is the same as two or more English fire

and rescue areas outside London (when those areas are taken together).

In this case, the authority meets the eligibility condition in relation to

each of those fire and rescue areas.

Page 52

(5)

A mayoral combined authority or mayoral CCA meets the “transfer

condition” in relation to an English fire and rescue area outside London

if—

(a)

the Secretary of State has, by regulations, specified the time at

which the mayoral combined authority or mayoral CCA is to

become the fire and rescue authority for that fire and rescue

area (the “transfer time”), and

(b)

the transfer time has passed.

(6)

If a mayoral combined authority or mayoral CCA meets the eligibility

condition in relation to two or more fire and rescue areas, the Secretary

of State may only exercise the power conferred by subsection (5) (a)

so as to specify the same transfer time in relation to all of those fire

and rescue areas.

(7)

At any time—

(a)

on or after the making of an order or regulations under any

power altering an English fire and rescue area outside London

(including by the creation of a combined area that is an English

fire and rescue area outside London) (the “boundaries SI”), and

(b)

before the coming into force of the boundaries SI,

regulations under subsection (5) (a) may specify a transfer time in

relation to the fire and rescue area resulting from the boundaries SI

which falls on or after the day on which that SI comes into force.

(8)

The provision that may be made by regulations under section 52 of

the English Devolution and Community Empowerment Act 2025

(incidental etc provision) for the purposes of, or in consequence of,

regulations under subsection (5) (a) which relate to a fire and rescue

area includes—

(a)

provision for functions of the fire rescue authority for that area

to be exercisable by the mayoral combined authority or mayoral

CCA, instead of by the fire and rescue authority, during a

period which—

(i)

ends with the day on which the transfer time falls, and

(ii)

is no longer than one year (“shadow functions”);

(b)

provision about who is to scrutinise the exercise of functions

by the mayoral combined authority or CCA;

(c)

any other incidental, consequential, transitional, transitory or

supplementary provision.”

(5)

In section 5M of FRSA 2004 (interpretation), after the definition of “City of

London police area” insert—

““English fire and rescue area outside London” means any of the following

areas in England—

(a)

the area of—

(i)

a non-metropolitan county,

Page 53

(ii)

a non-metropolitan district if there is no county council

for the area,

(iii)

a metropolitan county, or

(iv)

the Council of the Isles of Scilly,

unless the area is within a combined area;

(b)

a combined area;

and here “combined area” means a combined area of a kind referred

to in section 2 or 4 which does not consist of or include any area in

Greater London;

“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);”.

(6)

Schedule 22 contains further provision about fire and rescue services.

Mayor with PCC and fire and rescue functions

(1)

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

(a)

for subsection (1) substitute—

“(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.”;

(b)

in subsection (5), after “107D(1)” insert “, or in section 1 (2B) of the

Fire and Rescue Services Act 2004,”.

(2)

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

(a)

for subsection (1) substitute—

“(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,

Page 54

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.”;

(b)

in subsection (5), after “30(1)” insert “, or in section 1 (2B) of the Fire

and Rescue Services Act 2004,”.

Sharing of information

In section 115 of the Crime and Disorder Act 1998 (disclosure of information),

in subsection (2), after paragraph (c) insert—

“(ca)

a combined authority established under section 103 of the Local

Democracy, Economic Development and Construction Act 2009;

(cb)

a combined county authority established under section 9(1) of

the Levelling-up and Regeneration Act 2023;”.

Requests by mayors of established mayoral strategic authorities

Requests by mayors of EMSAs for changes

(1)

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

(a)

any change to the law relating to strategic authorities,

(b)

any change to the funding of strategic authorities, or

(c)

any other change relating to strategic authorities,

which the mayor or mayors believe would secure, or contribute to securing,

the effective exercise of functions in relation to one or more areas of

competence.

(2)

In exercising the function of giving notifications under this section, a mayor

must have regard to any guidance issued for this purpose by the Secretary

of State.

(3)

If a notification under this section is given, the Secretary of State must, within

the period of six months beginning with the day on which the notification is

given—

(a)

decide how to respond, and

(b)

notify the mayor or mayors that gave the notification of—

(i)

the decision, and

(ii)

the reasons for making the decision.

Page 55

Regulations relating to functions of strategic authorities and mayors

Powers to make regulations in relation to functions of strategic authorities

and mayors

Schedule 23 confers on the Secretary of State powers in relation to the

functions of strategic authorities and mayors (including powers to use pilot

schemes).

Health service functions: application of existing limitations on devolution

(1)

Section 18 of the Cities and Local Government Devolution Act 2016 (devolving

health service functions) is amended in accordance with this section.

(2)

In subsection (1)—

(a)

for the words before paragraph (a) substitute—

“(1)

A devolution of functions SI—”;

(b)

in paragraph (c)—

(i)

for “or a combined county authority” substitute “a combined

county authority or a category of strategic authorities”;

(ii)

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

(3)

In subsection (2), in the words after paragraph (h), for the words from

“transferable” to the end substitute “transferable by a devolution of functions

SI.”

(4)

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

“2023”.

(5)

After subsection (7) insert—

“(7A)

For the purposes of this section, a function is transferred by regulations

under Part 1 or 6 of Schedule 23 to the 2025 Act if provision under

paragraph 1 (1) , 2 (1) or 3 (1) of that Schedule conferring the function

is made, including such provision made by virtue of Part 6 of that

Schedule .”.

(6)

In subsection (8), for the words from “transferred” to the end substitute

“transferred to it by a devolution of functions SI.”

(7)

For subsection (9) substitute—

“(9)

In this section—

“the 2009 Act” means the Local Democracy, Economic

Development and Construction Act 2009;

“the 2023 Act” means the Levelling-up and Regeneration Act

2023;

“the 2025 Act” means the English Devolution and Community

Empowerment Act 2025;

Page 56

“category of strategic authority” has the same meaning as in the

2025 Act (see section 72 (1) of that Act);

“combined authority” means a combined authority established

under section 103 of the Local Democracy, Economic

Development and Construction Act 2009;

“combined county authority” means a combined county authority

established under section 9(1) of the Levelling-up and

Regeneration Act 2023;

“devolution of functions SI” means any of the following—

(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);

(d)

regulations under Part 1 or 6 of Schedule 23 to the 2025

Act (conferral of functions of public authority on

category of strategic authority);

“the health service” has the meaning given by section 275(1) of

the NHSA 2006.”.

Supplementary provision relating to extension of functions

Incidental etc provision

(1)

The Secretary of State may by regulations make incidental, consequential,

transitional, transitory or supplementary provision for the purposes of, or in

consequence of—

(a)

the conferral of a function on a relevant authority, or

(b)

the modification of a function of a relevant authority,

by relevant legislation.

(2)

Regulations under this section may not include provision amending or

disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government

and Housing Act 1989 (political balance on local authority committees etc).

(3)

Regulations under this section may (in particular) amend any Act of Parliament

(whenever passed), including by amending this Act.

(4)

Regulations under this section which contain provision amending an Act of

Parliament are subject to affirmative resolution procedure.

(5)

Any other regulations under this section are subject to negative resolution

procedure.

(6)

In this section—

“relevant authority” means—

(a)

a strategic authority;

Page 57

(b)

the mayor for the area of a CCA or the area of a combined

authority;

(c)

the Mayor of London;

(d)

a GLA functional body.

“relevant legislation” means—

(a)

this Act,

(b)

regulations under this Act, or

(c)

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).

Transfer of property, rights and liabilities

(1)

The Secretary of State may by regulations make provision for the transfer of

property, rights and liabilities (including criminal liabilities) for the purposes

of, or in consequence of, or for giving full effect to—

(a)

the conferral of a function on a relevant authority, or

(b)

the modification of a function of a relevant authority,

by relevant legislation.

(2)

Property, rights and liabilities may be transferred by—

(a)

the regulations,

(b)

scheme made by the Secretary of State under the regulations, or

(c)

a scheme required to be made under the regulations by a person other

than the Secretary of State.

(3)

A transfer by virtue of this section may have effect—

(a)

whether or not the property, rights and liabilities would otherwise be

capable of being transferred;

(b)

without any instrument or formality being required.

(4)

The rights and liabilities which may be transferred by virtue of this section

include rights and liabilities in relation to a contract of employment.

(5)

The Transfer of Undertakings (Protection of Employment) Regulations 2006

(SI 2006/246) apply to the transfer by virtue of this section (whether or not

the transfer is a relevant transfer for the purposes of those regulations).

(6)

Regulations under this section or a scheme made under them may define the

property, rights and liabilities to be transferred by specifying or describing

them.

(7)

Provision for the transfer of property, rights and liabilities made by virtue of

this section may include provision—

(a)

for the creation or imposition by the Secretary of State of new rights

or liabilities in respect of anything transferred;

Page 58

(b)

for the shared ownership or use of any property or facilities;

(c)

for the management or custody of transferred property;

(d)

for bodies to make agreements with respect to any property, income,

rights, liabilities and expenses of, and any financial relations between,

the parties to the agreement.

(8)

Provision for the transfer of property, rights and liabilities made by virtue of

this section may include provision—

(a)

for the continuing effect of things done by the transferor in relation

to anything transferred;

(b)

for the continuation of things (including legal proceedings) in the

process of being done, by or on behalf of or in relation to the transferor

in relation to anything transferred;

(c)

for references to the transferor in any agreement (whether written or

not), instrument or other document in relation to anything transferred

to be treated (so far as necessary for the purposes of or in consequence

of the transfer) as references to the transferee.

(9)

In this section—

“relevant authority” means—

(a)

a strategic authority;

(b)

the mayor for the area of a CCA or the area of a combined

authority;

(c)

the Mayor of London;

(d)

a GLA functional body;

“relevant legislation” means—

(a)

this Act,

(b)

regulations under this Act, or

(c)

any other legislation (whenever passed or made),

except for functions conferred by an order under Chapter 1 of Part 6

of LDEDCA 2009 (instead see section 114 of that Act) or by regulations

under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that

Act)

Protection of functions

Prohibition of secondary legislation removing functions

(1)

A Minister of the Crown must not exercise any power to make secondary

legislation (whenever conferred) so as to cause a function to cease to be

exercisable by—

(a)

strategic authorities generally, or

(b)

a category of strategic authorities.

(2)

This section does not apply to a function conferred by regulations under Part

6 of Schedule 23 .

Page 59

(3)

This section does not limit the making of—

(a)

permitted provision, or

(b)

provision that is—

(i)

in consequence of, or

(ii)

otherwise in connection with,

permitted provision (whether the permitted provision is made in

secondary legislation or an Act of Parliament).

(4)

In this section “permitted provision” means provision—

(a)

modifying a function;

(b)

abolishing a function;

(c)

repealing or revoking provision conferring a function in consequence

of, or otherwise in connection with, other legislation conferring the

function (with or without modifications).

Part 3

Other measures about local government and PCCs

Chapter 1

Reorganisation , governance and elections

Reorganisation

Single tiers of local government

Schedule 24 makes provision about arrangements relating to single tiers of

local government.

Certain functions of shadow authorities for 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)—

(a)

after subsection (3) insert—

“(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.”;

(b)

after subsection (5) insert—

“(5A)

In this section—

“combined authority” means a combined authority

established under section 103 of the Local Democracy,

Economic Development and Construction Act 2009 ;

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“combined county authority” means a combined county

authority established under section 9 (1) of the

Levelling-up and Regeneration Act 2023 .”

Governance

Local authority governance and executives

Schedule 25 contains provision about local authority governance and

executives.

Local authorities: effective neighbourhood governance

(1)

Local authorities in England must make appropriate arrangements to secure

the effective governance of any area of a specified description that falls within

the authority's area (a “neighbourhood area”).

(2)

“Appropriate arrangements” for the purposes of subsection (1) are such

arrangements as are specified in regulations made by the Secretary of State.

(3)

Regulations under subsection (2) may include provision—

(a)

requiring the establishment and maintenance by local authorities of

specified organisational structures for the governance of neighbourhood

areas (or for the use of specified existing organisational structures for

that purpose);

(b)

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

(c)

about the functions that may or must be carried out by such structures

for the purpose of ensuring the effective governance of neighbourhood

areas (including for the structures to carry out functions on behalf of

the local authority);

(d)

requiring the carrying out of such activities for the purpose of ensuring

local engagement with the neighbourhood area as may be specified.

(4)

Regulations under this section may—

(a)

confer a function, including a function involving the exercise of a

discretion, on any person;

(b)

provide for exceptions.

(5)

In this section—

“local authority” has the meaning given by section 1 of the Local

Government Act 2000;

“specified” means specified or described in regulations under this section.

(6)

Regulations under this section are subject to affirmative resolution procedure.

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Elections

Mayors and Police and Crime Commissioners: supplementary vote system

Schedule 26 makes provision for the use of the supplementary vote system

in elections of mayors and police and crime commissioners.

Chapter 2

Assets of community value

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

assets

Schedule 27 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.

Part 4

Local audit

Establishment of Local Audit Office

(1)

In the Local Audit and Accountability Act 2014, after Part 1 insert—

Part 1A

The Local Audit Office

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.

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.

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Financial matters

(1)

The Secretary of State may pay grants to the Local Audit Office.

(2)

The Office must, on request by the Secretary of State, provide estimates

of its income and expenditure.

(3)

The Office may charge a person a fee for the exercise in relation to that person

of any of its functions that is not the subject of more specific provision about

fees.

(4)

That includes functions under—

(a)

an agreement under section 6B (5) (a) , or

(b)

rules or arrangements made for the purposes of Schedule 1C .

(5)

A fee charged by the Office (under subsection (3) or otherwise) need not be

calculated by reference to the cost of doing the thing to which the fee relates.

(6)

But the Office must set its fees with a view to securing that, over time, its

income from fees is broadly equivalent to such of its expenditure as is not

met by way of grant from the Secretary of State.

(7)

In subsection (6) —

(a)

the reference to fees includes other sums payable to the Office by

agreement (see in particular section 6B (5) (b) ), and

(b)

the reference to setting fees includes agreeing fees and other sums so

payable.

Oversight and intervention by Secretary of State

(1)

The Local Audit Office must exercise its functions in accordance with

any direction, and having regard to any guidance, given to it by the

Secretary of State.

(2)

The Office must comply with any written request by the Secretary of

State to be provided with information about the exercise of the Office’s

functions.

(3)

Such a request may cover information about the exercise of functions

after the request is made.

(4)

No direction, guidance or request under this section may relate to the

exercise of functions in relation to a particular relevant authority.

(5)

The Secretary of State must—

(a)

consult the Local Audit Office before giving any direction or

guidance under this section, and

(b)

publish any direction or guidance given under this section.”

(2)

Schedule 28 makes further provision about the Local Audit Office (including

the insertion of the Schedule 1A referred to above).

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Local audit providers: registration and public provision

(1)

In the Local Audit and Accountability Act 2014, after Part 2 insert—

Part 2A

Providers of audit services

Local audit register

(1)

The Local Audit Office must secure that there is at least one public

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.

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—

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(a)

may revoke the designation of an external registration body,

and

(b)

must do so if no longer satisfied of the matters set out in

subsection (1) (b) , unless it considers that the body is likely to

satisfy it of those matters again within a reasonable period.

(3)

The making or revocation of a designation is to be done by written

notice to the body in question; and the Office must publish such a

notice.

(4)

The making or revocation is to have effect from the time specified in

the notice.

(5)

The Local Audit Office and an external registration body, or a body

that anticipates becoming an external registration body, may enter

into an agreement about—

(a)

how the body is to carry out its functions as an external

registration body;

(b)

fees, costs or other sums that are to be paid by the body to the

Office;

(c)

circumstances in which the Office will or will not exercise its

power under subsection (2) (a) ;

(d)

procedures to be followed in order for the Office to reach a

decision whether to exercise that power or whether its duty

under subsection (2) (b) is engaged.

(6)

Fees charged by an external registration body under section 6A (5)

may be calculated by reference to any costs borne by the body as a

result of this Act.

(7)

Schedule 1B makes further provision about external registration bodies,

including provision for the enforcement of their duties.

Eligibility and regulation of registered providers

(1)

The body that keeps a local audit register must comply with the

requirements of Schedule 1C (which sets out requirements in

connection with the register, including requirements about eligibility

for registration and the regulation of registered providers).

(2)

The requirements of Schedule 1C do not limit the ability of the body

to have in place rules or arrangements going beyond those

requirements (whether relating to the same or different subject-matter).

(3)

An agreement under section 6B (5) (a) may, accordingly, include terms

supplementing those requirements or imposing additional

requirements.

Professional qualifications

In Schedule 1D —

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(a)

Part 1 sets out certain requirements as to professional

qualification referred to in Schedule 1C , and

(b)

Part 2 makes provision about bodies offering qualifications

referred to in Part 1 .

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.

Scrutiny of Local Audit Office as audit provider

(1)

This section applies if the Local Audit Office decides that it is to carry

out audits under this Act.

(2)

The Office must put in place arrangements under which its audit

practice will be monitored, inspected and reported on by persons

acting independently of the Office.

(3)

The Office must send to the Secretary of State reports made to it under

the arrangements.”

(2)

Schedule 29 inserts the Schedule 1B , Schedule 1C and Schedule 1D referred

to above.

New appointment arrangements for non-NHS audits

In the Local Audit and Accountability Act 2014, after Part 2A (inserted by

section 62 (1) ) insert—

Part 2B

Appointment etc of local auditors: authorities other than health

service bodies

Local Audit Office to appoint auditor

(1)

This section applies in relation to a relevant authority other than a

health service body.

(2)

The Local Audit Office must, in relation to each financial year—

(a)

decide that it is to audit the accounts of the authority, or

(b)

appoint a registered local audit provider to audit those

accounts.

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(3)

A decision under subsection (2) (a) is to be treated for the purposes of

this Act as the appointment of the Office as a local auditor under this

section.

(4)

In the following provisions of this Part, references to an appointment

are to an appointment under this section.

Further provision about appointments

(1)

A single appointment may be made for multiple financial years.

(2)

An appointment must be made before the beginning of the financial

year (or the first of the financial years) to which it relates.

(3)

The appointment of a registered local audit provider is to be on terms

agreed in writing between the Local Audit Office and the provider.

(4)

Two or more local auditors may be appointed—

(a)

to act jointly in relation to some or all parts of the accounts;

(b)

to act separately in relation to different parts of the accounts;

(c)

to carry out different functions in relation to the audit.

(5)

If, as a result of an appointment made in accordance with subsection

(4) , a function under this Act may be exercised by two or more local

auditors—

(a)

it may be exercised by both or all of them acting jointly or by

such one or more of them as they may determine, and

(b)

references (however expressed) to the local auditor by whom

the function is or has been exercised are to the auditors by

whom it is or has been exercised.

(6)

The Local Audit Office must not appoint a person whom it has reason

to think will be unable to act because of section 32B (independence

requirement).

Procedure for appointment

(1)

Before making an appointment, the Local Audit Office must inform

the relevant authority of the person it proposes to appoint and give

the authority a reasonable opportunity to make representations.

(2)

As soon as practicable after making an appointment, the Office must

send to the relevant authority concerned a notice that—

(a)

states that it has made the appointment,

(b)

identifies the local auditor that has been appointed, and

(c)

specifies the financial year or years for which the local auditor

has been appointed.

(3)

A relevant authority must publish a notice under subsection (2) within

the period of 28 days beginning with the day on which it receives it.

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(4)

The notice must be published—

(a)

if the relevant authority has a website, on its website;

(b)

otherwise, in such manner as the relevant authority thinks is

likely to bring the notice to the attention of persons who live

in its area.

Resignation and removal

(1)

If the Local Audit Office is appointed, it may resign from the

appointment by giving written notice to the relevant authority

concerned.

(2)

If a registered local audit provider is appointed, the terms of the

appointment must include—

(a)

provision for the resignation of the provider, and

(b)

provision for the removal of the provider by the Local Audit

Office.

(3)

If the appointed local auditor resigns or is removed, section 6G (2)

applies again in relation to the relevant authority concerned.

(4)

But if the timing of the resignation or removal makes it impracticable

for section 6H (2) to be complied with, the new appointment must

instead be made as soon as practicable.

Audit fees

(1)

The Local Audit Office must charge a relevant authority a fee in respect

of the carrying out of an audit by a local auditor appointed by the

Office.

(2)

The amount of the fee may be revised (even after it has been paid or

the audit concerned has been completed).

(3)

The payment terms are to be determined by the Office and notified

in writing to the relevant authority.

(4)

The Office must publish a table of indicative fees, from which each

relevant authority (other than a health service body) can, in respect

of each financial year, ascertain the amount the Office would ordinarily

expect to charge it for that year.

(5)

The Office must give reasons if it—

(a)

revises a fee upwards, or

(b)

charges a relevant authority a higher amount than that

indicated in the table of indicative fees.”

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Audit providers to nominate lead partner

In the Local Audit and Accountability Act 2014, before section 20 insert—

“19A

Requirement to nominate lead partner

(1)

Subsections (2) and (3) apply where a firm is appointed as a local

auditor.

(2)

The firm must ensure that—

(a)

an individual working for the firm acts as the lead partner for

the audit in question, and

(b)

the name of that individual is known to—

(i)

the Local Audit Office, and

(ii)

the relevant authority whose accounts are being audited.

(3)

The individual must appear in a list kept in relation to the firm in

accordance with paragraph 6 of Schedule 1C (list of eligible lead

partners in firm’s register entry).

(4)

Subsections (5) and (6) apply where the Local Audit Office is appointed

as a local auditor.

(5)

The Office must ensure that—

(a)

an individual working for the Office acts as the lead partner

for the audit in question, and

(b)

the name of that individual is known to the relevant authority

whose accounts are being audited.

(6)

The individual must appear in a public list kept by the Office of

individuals who may act as the lead partner for an audit carried out

by the Office.

(7)

The Office must make arrangements designed to secure that an

individual appears in its list only if the individual would be able to

appear in a list kept in relation to a firm in accordance with paragraph

6 of Schedule 1C .

(8)

For the purposes of this Act, an individual acts as the lead partner for

an audit if the individual is primarily responsible for the local auditor’s

decisions as to—

(a)

the opinion to be given under section 20(2)(b) or 21(5)(a),

(b)

the making of any public interest report or recommendation,

and

(c)

the issuing of any advisory notice.”

Code of audit practice

(1)

In the Local Audit and Accountability Act 2014, paragraph 1 of Schedule 6

(preparation of code of audit practice) is amended as follows.

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(2)

For sub-paragraph (1) substitute—

“(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.”

(3)

In sub-paragraph (2), for “Comptroller and Auditor General” substitute

“Office”.

(4)

For sub-paragraph (4) substitute—

“(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)

For sub-paragraph (5) substitute—

“(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.”

(6)

A code that has effect as a code of audit practice under the Local Audit and

Accountability Act 2014 when this section comes into force continues to have

effect until (and except so far as) superseded by a code of audit practice

prepared in accordance with Schedule 6 to that Act as amended by this Act.

(7)

Guidance that has effect under paragraph 9 of Schedule 6 to that Act when

this section comes into force continues to have effect until (and except so far

as)—

(a)

superseded by guidance prepared in accordance with that paragraph

as amended by this Act, or

(b)

revoked by the Office.

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Audit committees

In the Local Audit and Accountability Act 2014, before section 34 insert—

“33A

Audit committees

(1)

A relevant authority other than a health service body must—

(a)

have an audit committee, and

(b)

arrange for its audit committee to exercise the functions set

out in subsection (3) .

(2)

The audit committee is to be—

(a)

in the case of a relevant authority that has a general power

under an enactment to appoint committees, a committee of the

authority designated by the authority as its audit committee,

(b)

in any other case, a group of individuals appointed by the

relevant authority.

(3)

The functions referred to in subsection (1) (b) are—

(a)

reviewing and scrutinising the authority’s financial affairs,

(b)

reviewing and assessing the authority’s risk management,

internal control and governance arrangements,

(c)

reviewing and assessing the economy, efficiency and

effectiveness with which resources have been used in

discharging the authority’s functions, and

(d)

making reports and recommendations to the authority in

relation to reviews conducted under paragraphs (a) , (b) and

(4)

The Secretary of State may by regulations provide for an enactment

that applies in relation to a relevant authority, or a committee of a

relevant authority, to apply, with or without modification, in relation

to a group of individuals appointed under subsection (2) (b) .

(5)

The Secretary of State may by regulations make provision about—

(a)

the membership of an audit committee;

(b)

the appointment of the members.

(6)

Provision must be made under subsection (5) so as to ensure that at

least one member of an audit committee is an independent person, as

defined by the regulations.

(7)

The Secretary of State may by regulations make provision, in relation

to the audit committee of a combined authority or combined county

authority, about the payment of allowances to members of the

committee who are members of a constituent council.

(8)

In subsection (7) , “constituent council”—

(a)

in relation to a combined authority, means—

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(i)

a county council the whole or any part of whose area

is within the area of the combined authority, or

(ii)

a district council whose area is within the area of the

combined authority;

(b)

in relation to a combined county authority, has the meaning

given by section 10(11) of the Levelling-up and Regeneration

Act 2023.

(9)

A relevant authority must have regard to any guidance issued by the

Secretary of State in relation to audit committees.

(10)

References in this section to a committee of a relevant authority include

a sub-committee of such a committee.

(11)

The functions of the Greater London Authority under this section are

exercisable by the Mayor of London and the London Assembly acting

jointly on behalf of the Authority.”

Smaller authorities: change of terminology

(1)

In sections 5 and 6 of the Local Audit and Accountability Act 2014 (smaller

authorities), for “smaller”, in each place it occurs except section 5(6)(b),

substitute “category 2”.

(2)

In any regulations, guidance or other instrument made or issued under that

Act before this section comes into force, any reference to a smaller authority

is to be read, in relation to matters arising after this section comes into force,

as a reference to a category 2 authority.

Power to provide for smaller authority treatment in previous years where

audit outstanding

(1)

The Secretary of State may by regulations make provision applying in a case

set out in subsection (2) and having the effect set out in subsection (3) .

(2)

The case is one in which an audit has not been completed in relation to the

accounts of a relevant authority other than a smaller authority for any of the

following financial years—

(a)

that ending with 31 March 2023,

(b)

that ending with 31 March 2024, and

(c)

that ending with 31 March 2025.

(3)

The effect is that of enabling an audit to be carried out or completed, or

anything in relation to the audit to be done, as if the relevant authority had

been a smaller authority for the financial year or years in question.

(4)

Subsections (2) and (3) are to be read as if they were contained in the Local

Audit and Accountability Act 2014 (as it has or had effect in relation to the

financial years concerned).

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(5)

Regulations under this section may modify any time limit (whether or not it

has already been reached).

(6)

Regulations under this section are subject to negative resolution procedure.

Amendment paving way for separation of LGPS accounts

In section 20 of the Local Audit and Accountability Act 2014 (general duties

of auditors), for subsection (3) substitute—

“(3)

If a statement of accounts prepared by a relevant authority under this

Act includes both—

(a)

accounts of a pension fund maintained by the authority under

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)

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.”

Minor and consequential amendments

Schedule 30 makes further amendments in connection with local audit.

Part 5

Business tenancies: prohibited terms relating to rent

Rent reviews and “put options”: prohibited terms

(1)

After section 54 of the Landlord and Tenant Act 1954 insert—

“54A

Rent reviews and “put options”: prohibited terms

(1)

Schedule 7A prohibits certain terms in rent reviews.

(2)

Schedule 7B prohibits certain terms relating to rent in arrangements

under which a landlord can require a tenant to take a new tenancy.”

(2)

Schedule 31 inserts the new Schedules 7A and 7B into the Landlord and

Tenant Act 1954 and otherwise amends that Act.

Part 6

Final provisions

Interpretation

(1)

In this Act—

“area of competence” has the meaning given in section 2 ;

“category of strategic authorities” means each of the following—

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(a)

the single foundation strategic authorities;

(b)

the combined foundation strategic authorities;

(c)

the mayoral strategic authorities except the established mayoral

strategic authorities;

(d)

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)

a single foundation strategic authority, or

(b)

a combined foundation strategic authority;

“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—

(a)

an Act of Parliament, or

(b)

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—

(a)

the mayor for the area of a mayor combined authority, or

mayoral CCA, that is an established mayoral strategic authority,

(b)

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;

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“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;

Saving of orders and regulations relating to combined authorities and CCAs

(1)

This section applies to any provision of any subordinate legislation made

under—

(a)

Part 6 of LDEDCA 2009, or

(b)

Chapter 1 of Part 2 of LURA 2023,

before this section comes into force (the “subordinate legislation”).

(2)

The provision made by Part 1 or 2 of this Act (the “primary legislation”) does

not impliedly amend, modify or revoke the subordinate legislation.

(3)

Accordingly—

(a)

the primary legislation does not affect any contrary subordinate

legislation; and

(b)

the primary legislation has effect subject to the contrary subordinate

legislation.

(4)

For that purpose “contrary subordinate legislation” means any of the

subordinate legislation that—

(a)

makes provision which is to apply instead of the primary legislation;

(b)

makes modifications or other contrary provision to which the primary

legislation is subject.

(5)

For provision about the relationship between—

(a)

the powers under which the subordinate legislation is made, and

(b)

the primary legislation,

see section 104CC of LDEDCA 2009 or section 24C of LURA 2023 (inserted

by section 7 of this Act).

(6)

This section does not prevent the exercise of the power conferred by section

74 to make amendments, modifications or revocations of the subordinate

legislation that are consequential on the primary legislation.

(7)

A reference in this section to the provision made by Part 1 or 2 of this Act

includes any legislation as amended by that provision.

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Power to make consequential provision

(1)

The Secretary of State may by regulations make provision that is consequential

on this Act.

(2)

Regulations under this section may amend or repeal provision made by an

Act of Parliament passed before, or in the same Session as, this Act.

(3)

Regulations under this section which amend or repeal provision made by an

Act of Parliament (whether or not they also contain other provision) are

subject to affirmative resolution procedure.

(4)

Any other regulations under this section are subject to negative resolution

procedure.

Regulations

(1)

Regulations under this Act are to be made by statutory instrument.

(2)

Any power to make regulations under this Act includes power to make—

(a)

different provision for different purposes;

(b)

incidental, supplementary or consequential provision;

(c)

transitional or saving provision.

(3)

Where this Act provides that regulations are “subject to affirmative resolution

procedure”, a statutory instrument containing the regulations may not be

made unless a draft of it has been laid before, and approved by, each House

of Parliament.

(4)

Where this Act provides that regulations are “subject to negative resolution

procedure”, a statutory instrument containing the regulations is subject to

annulment in pursuance of a resolution of either House of Parliament.

(5)

Any provision that may be made by regulations under this Act that are subject

to negative procedure may be made by regulations that are subject to

affirmative procedure.

(6)

If a draft of a statutory instrument containing regulations under this Act

would, apart from this subsection, be treated for the purposes of the standing

orders of either House of Parliament as a hybrid instrument, it is to proceed

in that House as if it were not a hybrid instrument.

(7)

This section does not apply to regulations under section 78 .

Financial provision

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of the Act by the Secretary of

State, and

(b)

any increase attributable to the Act in the sums payable under or by virtue

of any other Act out of money so provided.

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Extent

(1)

This Act extends to England and Wales only.

(2)

That is subject to the following provisions of this section.

(3)

Any amendment or repeal has the same extent as the provision amended or

repealed.

(4)

But section 23 and Schedule 5 extend to England and Wales only.

Commencement

(1)

On the day on which this Act is passed—

(a)

this Part comes into force;

(b)

the provisions referred to in subsection (2) come into force;

(c)

the other provisions of this Act come into force for the purpose of

making regulations.

(2)

The provisions that come into force in accordance with subsection (1) (b) are—

(a)

section 1 (strategic authorities);

(b)

section 2 (areas of competence);

(c)

section 4 (and Schedule 1 ) (combined authorities and CCAs:

establishment, expansion and functions), apart from paragraphs 14 ,

17 , 34 and 37 of Schedule 1 and any provision of that Schedule so far

as relating to any of those paragraphs;

(d)

section 5 (combined authorities and CCAs: functions generally);

(e)

section 6 (and Schedule 2 ) (combined authorities and CCAs:

decision-making and validity of proceedings);

(f)

section 7 (combined authorities and CCAs: powers not limited by other

provision or powers);

(g)

section 9 (and Schedule 3 ) (appointment of commissioners by mayors);

(h)

section 13 (levies);

(i)

section 14 (combined authorities and CCAs: minor amendments);

(j)

section 17 (functions of mayors of CCAs or combined authorities);

(k)

section 18 (the “general functions” of mayors);

(l)

section 20 (and Schedule 4 ) (extension of general power of competence

to strategic authorities);

(m)

section 24 (and Schedule 6 ) (arrangements to carry out works on

highways);

(n)

section 25 (and Schedule 7 ) (civil enforcement of traffic contraventions);

(o)

section 27 (and Schedule 8 ) (key route network roads);

(p)

section 28 (constituent councils to act in accordance with local transport

plans etc);

(q)

section 29 (and Schedule 9 ) (local transport authorities and other

transport functions);

(r)

section 30 (and Schedule 10 ) (adult education);

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(s)

section 34 (and Schedule 15 ) (acquisition and development of land);

(t)

section 35 (and Schedule 16 ) (housing accommodation);

(u)

section 36 (and Schedule 17 ) (mayoral development corporations);

(v)

section 37 (and Schedule 18 ) (assessment of economic conditions);

(w)

section 39 (Local Government Act 2003: expenditure grant);

(x)

section 40 (encouragement of visitors and promotion of visitors);

(y)

section 42 (and Schedule 20 ) (miscellaneous local authority functions);

(z)

section 43 (health improvement and health inequalities duty);

(z1)

section 48 (sharing of information).

(3)

The provisions of this Act come into force in accordance with subsection (4)

or (5) (if, or to the extent that, they do not come into force in accordance with

subsection (1) ).

(4)

The following provisions come into force at the end of the period of two

months beginning with the day on which this Act is passed—

(a)

section 3 (single foundation strategic authorities);

(b)

section 8 (combined authorities and CCAs: designation as established

mayoral strategic authorities);

(c)

section 10 (combined authorities and CCAs: allowances for members

with special responsibilities);

(d)

section 12 (power to borrow);

(e)

section 15 (additional functions of the GLA);

(f)

section 16 (members of legislatures disqualified for being a mayor of

strategic authority);

(g)

section 19 (report under section 1 of the Cities and Local Government

Devolution Act 2016);

(h)

section 21 (power of mayors to convene meetings with local partners);

(i)

section 22 (duty of mayors to collaborate);

(j)

section 26 (restrictions on disposal of land by Transport for London);

(k)

section 38 (and Schedule 19 ) (local growth plans);

(l)

section 44 (functions of police and crime commissioners);

(m)

section 45 (and Schedule 21 ) (PCCs and police areas);

(n)

section 46 (and Schedule 22 ) (functions of fire and rescue authorities);

(o)

section 47 (mayor with PCC and fire and rescue functions);

(p)

section 49 (requests by mayors of EMSAs for changes);

(q)

section 50 (and Schedule 23 ) (regulations relating to functions of

strategic authorities and mayors);

(r)

section 51 (health service functions: application of existing limitations

on devolution);

(s)

section 52 (incidental etc provision);

(t)

section 53 (transfer of property, rights and liabilities);

(u)

section 54 (prohibition of secondary legislation removing functions);

(v)

section 55 (and Schedule 24 ) (single tiers of local government);

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(w)

section 56 (certain functions of shadow authorities for single tiers of

local government);

(x)

paragraphs 1 to 6 of Schedule 25 and section 57 so far as it relates to

those paragraphs of that Schedule (local authority governance).

(5)

This Act comes into force on such day or days as the Secretary of State may

by regulations appoint (if, and to the extent that, it does not come into force

in accordance with subsection (1) or (4) ).

(6)

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 regulations.

(7)

A power under this section to appoint a day may be exercised to appoint

different days for different purposes or areas.

(8)

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.

(9)

The power to make regulations under this section includes power to make

different provision for different purposes or areas.

(10)

Regulations under this section are to be made by statutory instrument.

Short title

This Act may be cited as the English Devolution and Community

Empowerment Act 2025.

Page 79

Schedules

Schedule 1

Section 4

Establishment, expansion and functions of combined authorities and CCAs

Part 1

Combined authorities

LDEDCA 2009 is amended as follows.

In section 104 (constitution and functions: transport)—

(a)

in subsection (10)—

(i)

in the opening words, for “section 107ZA(7)” substitute

“subsections (10A), (11B) and (12)”;

(ii)

in the opening words, for “a combined authority” substitute

“an existing combined authority”;

(iii)

in paragraph (b), omit “in the case of an order in relation to

an existing combined authority,”;

(b)

after subsection (10) insert—

“(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).”;

(c)

in subsection (11), for the opening words substitute “In this Part

“constituent council”, in relation to a combined authority, means—”;

(d)

omit subsection (11A).

In section 104A (non-constituent members of a combined authority), omit

subsection (7).

In section 105 (constitution and functions: local authority functions

generally)—

(a)

in subsection (3A)—

(i)

in the opening words, for “a combined authority” substitute

“an existing combined authority”;

(ii)

in paragraph (a), omit “(as defined by section 104(11))”;

(iii)

in paragraph (b), omit “in the case of an order in relation to

an existing combined authority,”;

(b)

after subsection (3A) insert—

“(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).”;

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(c)

in subsection (3B), after “is” insert “also”.

In section 105B (section 105A orders: procedure)—

(a)

for subsection (1) substitute—

“(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,

(b)

the appropriate consent is given.”;

(b)

for subsection (2) substitute—

“(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.”;

(c)

omit subsections (3) to (5);

(d)

omit subsection (12).

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)—

(a)

omit subsections (7) and (8);

(b)

in subsection (9), omit the definitions of “constituent council” and

“eligible power”.

For section 107B substitute—

“107B

Requirements in connection with orders under section 107A

(1)

The Secretary of State may make an order under section 107A for

there to be a mayor for the area of an existing combined authority

only if the requirements under subsection (2) , (3) , (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—

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(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)—

(a)

for subsection (9) substitute—

“(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.”

(b)

for subsection (10) substitute—

“(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)—

(a)

in the heading, at the end insert “(locally led)”;

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(b)

in subsection (4), for paragraph (a) substitute—

“(a)

consult the relevant consultees,”;

(c)

after subsection (4) insert—

“(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.”;

(d)

omit subsection (7).

After section 109A insert—

“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,

(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.

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(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) .”

For section 110 substitute—

“110

Requirements in connection with establishment of combined

authority

(1)

The Secretary of State may make an order establishing a combined

authority for an area (whether or not including other provision

made under this Part) only if the following requirements are met

in relation to the order.

(2)

The Secretary of State considers that the statutory test is met.

(3)

The order must—

(a)

implement a proposal submitted to the Secretary of State in

accordance with section 109A (proposal for new combined

authority - locally led), with or without modifications,

(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,

(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—

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(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,

(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

2025;

“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)—

(a)

in the heading, at the end insert “(locally led)”;

(b)

in subsection (1)(a), for the words from “section 104” to “107F”

substitute “any of the relevant sections”;

(c)

after subsection (1) insert—

“(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);

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(e)

section 107 (dissolution);

(f)

section 107A (power to provide for election of mayor);

(g)

section 107D (functions of mayors: general).”;

(d)

in subsection (3), for paragraph (a), substitute—

“(a)

consult any persons that the authority or the

authorities consider it appropriate to consult, and”;

(e)

in subsection (5), after “an order” insert “under section 104, 105,

105A or 107D”;

(f)

after subsection (5) insert—

“(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.”;

(g)

in subsection (6), after “(5)” insert “, (5A) or (5B) ”;

(h)

after subsection (6) insert—

“(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.”;

(i)

omit subsection (8);

(j)

for subsection (9) substitute—

“(9A)

For the meaning of the “relevant consenting authorities” in

relation to an order under section 106 or 107 see sections

113ZB and 113ZC .”

After section 112A insert—

“112B

Proposal to add an area to an existing area of a combined authority

(Secretary of State directed)

(1)

The Secretary of State may prepare a proposal under this section

for the making of an order under section 106 to add a local

government area to an existing area of a combined authority only

if the following requirements are met.

(2)

The local government area, or any part of it, is not within the area

of a combined authority or combined county authority.

(3)

At the time the Secretary of State starts to prepare the proposal—

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(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) .

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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) .”

For section 113 substitute—

“113

Requirements in connection with changes to existing combined

arrangements

(1)

The Secretary of State may make an order under any of the relevant

sections in relation to an existing combined authority only if—

(a)

the Secretary of State considers that the statutory test is met,

and

(b)

any consultation required by subsection (3) or (4) has been

carried out.

(2)

The “relevant sections” are—

(a)

section 104 (constitution and functions: transport);

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(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) .”

After section 113 (inserted by paragraph 18 ) insert—

“113ZA

Requirements in connection with boundary changes or dissolution

of combined authority

(1)

The Secretary of State may make an order under section 106

(boundary changes) or 107 (dissolution) in relation to an existing

combined authority only if the following requirements are met.

(2)

The Secretary of State considers that the statutory test is met.

(3)

For the purposes of subsection (2) , the reference in the statutory

test to “the area”—

(a)

in relation to an order under section 106, means the area

after the local government area in question has been added

or removed, or

(b)

in relation to an order under section 107, means the area of

the combined authority.

Page 89

(4)

The order must—

(a)

implement a proposal submitted to the Secretary of State in

accordance with section 112A, with or without modifications,

(b)

implement a proposal of which notice was given under

section 112B , with or without modifications, or

(c)

implement a proposal which the Secretary of State is satisfied

that the relevant consenting authorities have consented to

in principle (see sections 113ZB and 113ZC : relevant

consenting authorities).

(5)

If the order falls under subsection (4) (a) or (c) , the consultation

requirement must be met.

(6)

If the order falls under subsection (4) (b) , the Secretary of State must

in making the order have regard to any representations received

before the end of the period specified in the notice.

(7)

The “consultation requirement” is that the Secretary of State has

consulted—

(a)

if the order falls under subsection (4) (a) , such persons (if

any) as the Secretary of State considers it necessary to consult

about —

(i)

the proposal that the order will implement, and

(ii)

any modifications to that proposal;

(b)

if the order falls under subsection (4) (c) , the relevant

consultees about the proposal.

(8)

Subsection (9) applies where the Secretary of State is considering

whether to make an order under section 106 and—

(a)

part of the area to be created is separated from the rest of

it by one or more local government areas that are not within

the area, or

(b)

a local government area that is not within the area to be

created is surrounded by local government areas that are

within the area.

(9)

In deciding whether to make the order under section 106, the

Secretary of State must have regard to the likely effect of the change

to the combined authority's area on the exercise of functions

equivalent to those of the combined authority's functions in each

local government area that is next to any part of the area to be

created by the order.

(10)

In this section—

“relevant consultee” —

(a)

in relation to an order under section 106 means—

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(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;

Page 91

(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)—

(a)

in subsection (2), omit “(as defined by section 107B(5))”;

(b)

for subsection (3) substitute—

“(2A)

The “appropriate authorities” for the purpose of this section

are—

(a)

the constituent councils, and

Page 92

(b)

in the case of an order in relation to an existing

combined authority, the combined authority.”

Part 2

CCAs

LURA 2023 is amended as follows.

In section 10 (constitutional arrangements)—

(a)

in subsection (8)—

(i)

in the opening words, for “a CCA” substitute “an existing

CCA”;

(ii)

in paragraph (b), omit “in the case of regulations in relation

to an existing CCA,”;

(b)

after subsection (8) insert—

“(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).”;

(c)

omit subsection (9).

In section 16 (funding)—

(a)

in subsection (2)—

(i)

in the opening words, for “a CCA” substitute “an existing

CCA”;

(ii)

in paragraph (b), omit “in the case of regulations in relation

to an existing CCA,”;

(b)

after subsection (2) insert—

“(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)—

(a)

in subsection (6)—

(i)

in the opening words, for “a CCA” substitute “an existing

CCA”;

(ii)

in paragraph (b), omit “in the case of regulations in relation

to an existing CCA,”;

(b)

after subsection (6) insert—

“(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)—

Page 93

(a)

for subsection (1) substitute—

“(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.”

(b)

omit subsection (2);

(c)

in subsection (4), for “appropriate consent to be given” substitute

“appropriate authorities to consent”;

(d)

in subsection (8)(b), omit “in the case of regulations in relation to

an existing CCA,”.

In section 21 (integrated transport authority and passenger transport

executive)—

(a)

in subsection (5)—

(i)

in the opening words, for “a CCA” substitute “an existing

CCA”;

(ii)

in paragraph (b), omit “in the case of regulations in relation

to an existing CCA,”;

(b)

after subsection (5) insert—

“(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)—

(a)

in subsection (11)—

(i)

for the opening words, substitute “Regulations under

subsection (1) may be made in relation to an existing CCA

only with the consent of—”;

(ii)

in paragraph (b), omit “in the case of regulations in relation

to an existing CCA,”;

(b)

after subsection (11) insert—

“(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)—

(a)

omit subsections (7) and (8);

(b)

in subsection (9), omit the definition of “eligible power”.

In section 25 (changes to boundaries of a CCA’s area), omit subsections (6)

to (10).

Page 94

In section 26 (dissolution of a CCA’s area), omit subsection (4).

For section 28 substitute—

“28

Requirements in connection with regulations under section 27

(1)

The Secretary of State may make regulations under section 27(1)

for there to be a mayor for the area of an existing CCA only if the

requirements under subsection (2) , (3) , (4) or (5) are met (and for

any further requirements in relation to such order 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 order

implements 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)—

(a)

for subsection (11) substitute—

“(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;

Page 95

(b)

in relation to a non-mayoral combined authority

means—

(i)

the constituent councils, and

(ii)

the combined authority.”;

(b)

for subsection (12) substitute—

“(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)—

(a)

in the heading, at the end insert “(locally led)”;

(b)

in subsection (4), for paragraph (a) substitute—

“(a)

consult the relevant consultees,”;

(c)

after subsection (4) insert—

“(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.”;

(d)

omit subsection (7).

After section 45 insert—

“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,

(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;

Page 96

(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) .”

For section 46 substitute—

“46

Requirements in connection with establishment of CCA

(1)

The Secretary of State may make regulations establishing a CCA

for an area (whether or not including other provision made under

this Part) only if the following requirements are met in relation to

the regulations.

(2)

The Secretary of State considers that the statutory test is met.

(3)

The regulations must—

(a)

implement a proposal submitted to the Secretary of State in

accordance with section 45 (proposal for new CCA - locally

led), with or without modifications,

(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.

Page 97

(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,

(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

2025;

“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.”

Page 98

In section 47 (proposal for changes to existing arrangements relating to

CCA)—

(a)

in the heading, at the end insert “(locally led)”;

(b)

in subsection (1)(a), for the words from “section 10” to “33” substitute

“any of the relevant sections”;

(c)

after subsection (1) insert—

“(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).”;

(d)

in subsection (3), for paragraph (a), substitute—

“(a)

consult any persons that the authority or the

authorities consider it appropriate to consult,”;

(e)

in subsection (5), after “regulations”, in the first place it occurs,

insert “under section 10, 16, 18, 19, 21, 22, or 30”;

(f)

after subsection (5) insert—

“(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.”;

(g)

in subsection (6), after “(5)” insert “, (5A) or (5B) ”;

(h)

after subsection (6) insert—

“(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.”;

(i)

omit subsection (7);

Page 99

(j)

for subsection (8) substitute—

“(8A)

For the meaning of the “relevant consenting authorities” in

relation to regulations under section 25 or 26 see sections

48B and 48C .”

After section 47 insert—

“47A

Proposal to add an area to an existing area of a CCA (Secretary of

State directed)

(1)

The Secretary of State may prepare a proposal under this section

to add a local government area to an existing area of a CCA only

if the following requirements are met.

(2)

The local government area, or any part of it, is not within the area

of a combined authority or CCA.

(3)

At the time the Secretary of State starts to prepare the proposal—

(a)

no relevant proposals have been submitted to the Secretary

of State in relation to the local government area (or any part

of that area), or

(b)

a relevant proposal has been so submitted but the Secretary

of State does not consider it to be a viable proposal.

(4)

A “relevant proposal” is a proposal—

(a)

under section 109A of the Local Democracy, Economic

Development and Construction Act 2009 to establish a new

combined authority;

(b)

under section 45 to establish a new combined county

authority;

(c)

under section 112A 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

Page 100

(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) .”

Page 101

For section 48 substitute—

“48

Requirements for changes to existing arrangements relating to CCA

(1)

The Secretary of State may make regulations under any of the

relevant sections in relation to an existing CCA only if—

(a)

the Secretary of State considers that the statutory test is met,

and

(b)

any consultation required by subsection (3) or (4) has been

carried out.

(2)

The relevant sections are—

(a)

section 10 (constitutional arrangements);

(b)

section 16 (funding);

(c)

section 18 (local authority functions);

(d)

section 19 (other public authority functions);

(e)

section 21 (integrated transport authority and passenger

transport executive);

(f)

section 22 (directions relating to highways and traffic

functions);

(g)

section 27 (power to provide for election of mayor);

(h)

section 30 (functions of mayors: general).

(3)

If the regulations implement a proposal submitted to the Secretary

of State in accordance with section 47, the Secretary of State must

consult such persons (if any) as the Secretary of State considers it

necessary to consult about the proposal.

(4)

In any other case, the Secretary of State must consult the relevant

consultees.

(5)

Subsection (4) does not apply if the regulations—

(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)

is 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) .”

Page 102

After section 48 insert—

“48A

Requirements in connection with boundary changes or dissolution

of CCA

(1)

The Secretary of State may make regulations under section 25

(boundary changes) or 26 (dissolution) in relation to an existing

CCA only if the following requirements are met.

(2)

The Secretary of State considers that the statutory test is met.

(3)

For the purposes of subsection (2) , the reference in the statutory

test to “the area”—

(a)

in relation to regulations under section 25, means the area

after the local government area in question has been added

or removed, or

(b)

in relation to regulations under section 26, means the area

of the 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

(c)

implement a proposal which the Secretary of State is satisfied

that the relevant consenting authorities have consented to

in principle (see sections 48B and 48C : relevant consenting

authorities).

(5)

If the regulations falls under subsection (4) (a) or (c) , the consultation

requirement must be met.

(6)

If the regulations fall under subsection (4) (b) , the Secretary of State

must in making the regulations have regard to any representations

received before the end of the period specified in the notice.

(7)

The “consultation requirement” is that the Secretary of State has

consulted—

(a)

if the regulations fall under subsection (4) (a) , such persons

(if any) as the Secretary of State considers it necessary to

consult about the proposal that the regulations will

implement;

(b)

if the regulations fall under subsection (4) (c) , the relevant

consultees about the proposal.

Page 103

(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—

Page 104

(a)

the relevant council in relation to the relevant local

government area to be added to or removed from the area

of the CCA, and

(b)

if the CCA that the local government area is to be added to

or removed from is a mayoral CCA, the mayor of the CCA;

(c)

if the CCA that the local government area is to be added to

or removed from is a non-mayoral CCA, the CCA.

(2)

The “relevant council” in relation to a relevant local government

area is—

(a)

if the local government area is the area of a county council,

the county council;

(b)

if the local government area is the area of a unitary district

council, the unitary district council.

(3)

Where a CCA is a relevant consenting authority, the question of

whether to consent in principle for the purpose of section 48A (4) (c)

is to be decided at a meeting of the CCA by a simple majority of

the voting members of the authority who are present at the meeting.

(4)

A reference in subsection (3) to a voting member—

(a)

includes a substitute member who may act in place of a

voting member;

(b)

does not include a non-constituent member.

48C

Relevant consenting authorities in relation to regulations under

section 26

The “relevant consenting authorities” in relation to regulations under

section 26 means—

(a)

a majority of the constituent councils, and

(b)

if the CCA to be abolished is a mayoral CCA, the mayor for

the area of the authority.”

In section 52 (general power of competence)—

(a)

in subsection (2) omit “(as defined by section 28(4)”;

(b)

for subsection (3) substitute—

“(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.”

Page 105

Schedule 2

Section 6

Decision-making and exercise of functions

Planning and Compulsory Purchase Act 2004

The provisions of the Planning and Compulsory Purchase Act 2004 referred

to in paragraphs 2 to 4 are inserted by section 52 of the Planning and

Infrastructure Act 2025.

In section 12A of the Planning and Compulsory Purchase Act 2004 (spatial

development strategy to be produced by strategic planning authorities),

after subsection (3) insert—

“(3A)

Where there is a mayor for the area of a combined authority or

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.”

(1)

Section 12L of the Planning and Compulsory Purchase Act 2004 (adoption

of spatial development strategy) is amended in accordance with this

paragraph.

(2)

In subsection (4), for “Subsection (5) applies” substitute “Subsections (4A)

to (5) apply”.

(3)

For subsections (4) and (5) substitute—

“(4)

Subsections (4A) to (5) apply in relation to the adoption of a spatial

development strategy by—

(a)

a combined authority, or

(b)

a combined county authority.

(4A)

In the case of a non-mayoral combined authority or non-mayoral

combined county authority, a resolution to adopt the strategy is to

be made by a simple majority of the constituent members present

and voting on that resolution at a meeting of the authority.

(4B)

In the case of a mayoral combined authority or mayoral combined

county authority, a resolution to adopt the strategy is to be made

by a simple majority of the relevant members present and voting

on that resolution at a meeting of the authority; and such a majority

must include the mayor, or the deputy mayor acting in place of the

mayor.

(4C)

But if—

(a)

the office of mayor is vacant, and

(b)

there is no deputy mayor,

the decision is to be made by a simple majority of the other relevant

members present and voting on that question at a meeting of the

authority.

Page 106

(4D)

In the case of a resolution by a non-mayoral combined authority or

non-mayoral combined county authority—

(a)

each constituent member has one vote;

(b)

in the case of a tied vote—

(i)

no person has a casting vote; and

(ii)

the authority must be regarded as having disagreed

to the question that the decision should be made.

(5)

In the case of a resolution of a mayoral combined authority or

mayoral combined county authority—

(a)

each relevant member has one vote;

(b)

in the event of a tied vote then (unless it is a case where

subsection (4C) applies), the mayor, or the deputy mayor

acting in place of the mayor, has a casting vote (in addition

to any other vote the mayor or deputy mayor may have).”

(4)

After subsection (7) insert—

“(8)

In this section—

“constituent member” , in relation to a combined authority or

combined county authority—

(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;”

Page 107

Local Government and Housing Act 1989

In section 13 of LGHA 1989 (voting rights of members of certain committees:

England and Wales), before subsection (6) insert—

“(5B)

Nothing in this section prevents the appointment of any of the

following as a voting member of a committee or sub-committee of

a combined authority or combined county authority—

(a)

a person who is a member of a constituent council of that

authority;

(b)

a person who is a non-constituent member of that authority,

if that authority has resolved that that person is to be a

voting member of that committee or sub-committee.

(5C)

In subsection (5B) —

“combined authority” has the same meaning as in section

21(1)(jb);

“combined county authority” has the same meaning as in

section 21(1)(jba);

“constituent council” means—

(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,

(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;

and here “unitary district council” means a district

council whose area does not form part of the area of

a county council;

“non-constituent member” has the same meaning—

(a)

as in section 104A of the Local Democracy, Economic

Development and Construction Act 2009 in relation

to a combined authority;

(b)

as in section 11 of the Levelling-up and Regeneration

Act 2023 in relation to a combined county authority;

“resolved” means—

(a)

in relation to a combined authority, resolved under

section 104A(4) of the Local Democracy, Economic

Development and Construction Act 2009;

Page 108

(b)

in relation to a combined county authority, resolved

under section 11(4) of the Levelling-up and

Regeneration Act 2023.”

Local Government Act 1972

(1)

Section 101 of LGA 1972 (arrangements for discharge of functions by local

authorities) is amended in accordance with this paragraph.

(2)

For subsection (1D) substitute—

“(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.”

(3)

For subsection (1F) substitute—

“(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.”

Page 109

Schedule 3

Section 9

Commissioners

Schedule 2A to LURA 2023

After Schedule 2 to LURA 2023 insert—

“Schedule 2A

Section 29A

Commissioners

Application of Schedule

This Schedule applies to commissioners appointed by the mayor

for the area of a CCA (see section 29A ).

Persons ineligible for appointment

(1)

The appointment of an ineligible person as a commissioner is of

no effect.

(2)

The appointment of a person ceases to have effect if a person

becomes ineligible after appointment as a commissioner.

(3)

For the purposes of this paragraph a person is “ineligible” if the

person—

(a)

is disqualified for being elected or holding office as the

mayor for the area of a CCA under paragraph 8, 9 or 9A

of Schedule 2, or

(b)

is the mayor or deputy mayor for the area of the CCA to

which the appointment relates.

(4)

But being a commissioner does not make a person ineligible by

virtue of paragraph 8(1)(a) of Schedule 2 (as applied by

sub-paragraph (3) (a) ) — instead see paragraphs 4 (3) and 5 .

(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

(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.

Page 110

Commissioner to work in only one area of competence

(1)

The terms and conditions must provide for the person’s work as

commissioner to relate to one of the areas of competence (the

commissioner’s “special” area of competence).

(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

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 CAA before, or at the same time as, the invalid

appointment.

Duration of appointment

(1)

The terms and conditions must provide for a person’s

appointment as a commissioner to end on or before the last day

of the relevant term of office of the mayor making the

appointment.

(2)

If the mayor who made the appointment ceases to hold office

before the last day of the relevant term of office—

Page 111

(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

(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.

(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—

Page 112

(a)

to any area of competence other than the commissioner’s

special area, or

(b)

to matters outside any of the areas of competence.

Allowances

(1)

A CCA may—

(a)

make a scheme providing for the payment of allowances

to commissioners appointed by the mayor for the area of

the CCA, and

(b)

pay allowances in accordance with the scheme.

(2)

A CCA may only make a scheme if—

(a)

the CCA has considered a report published by a relevant

remuneration panel which contains recommendations for

the allowances provided for in the scheme, and

(b)

the allowances payable under the scheme do not exceed

the amounts specified in the recommendations made by

the relevant remuneration panel.

(3)

A CCA which has made a scheme under this section must

produce and publish reports on the allowances paid under the

scheme (including their amounts).

(4)

In this section “relevant remuneration panel” means a panel that

is specified, or of a description specified, in regulations made by

the Secretary of State for the purposes of this paragraph.

Termination of appointment

It is the mayor for the area of a CCA who may terminate (in

accordance with the terms and conditions of the appointment)

the appointment of a person as a commissioner (whether the

mayor is the person who made the appointment or a successor).

Role of overview and scrutiny committees

(1)

The power which the CCA’s overview and scrutiny committee

has (or its overview and scrutiny committees have between them)

in accordance with paragraph 1(3) of Schedule 1 must include

power to recommend that a commissioner’s appointment is

terminated.

(2)

If a recommendation is made that a commissioner’s appointment

is terminated, the CCA must decide whether or not to accept the

recommendation.

(3)

A decision to accept the recommendation must be made by a two

thirds majority of the non-mayoral members, or substitute

Page 113

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

(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

(1)

The Secretary of State may issue guidance about the selection or

appointment of commissioners.

(2)

The mayors for the areas of CCAs must take account of any such

guidance.

(3)

The Secretary of State may issue guidance about the exercise of

the function under paragraph 7 (3) of consenting to arrangements

for a function to be exercisable by a commissioner.

(4)

CCAs must take account of any such guidance.

(5)

The Secretary of State may issue guidance about the exercise by

CCAs of the powers conferred by paragraph 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.

Page 114

(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

(k) insert—

“(l)

under Schedule 2A .”

Schedule 5BA to LDEDCA 2009

After Schedule 5B to LDEDCA 2009 insert—

“Schedule 5BA

Section 107CA

Commissioners

Application of Schedule

This Schedule applies to commissioners appointed by the mayor

for the area of a combined authority (see section 107CA ).

Persons ineligible for appointment

(1)

The appointment of an ineligible person as a commissioner is of

no effect.

(2)

The appointment of a person ceases to have effect if a person

becomes ineligible after appointment as a commissioner.

(3)

For the purposes of this paragraph a person is “ineligible” if the

person—

(a)

is disqualified for being elected or holding office as the

mayor for the area of a combined authority under

paragraph 9, 9A or 9B of Schedule 5B, or

(b)

is the mayor or deputy mayor for the area of the combined

authority to which the appointment relates.

(4)

But being a commissioner does not make a person ineligible by

virtue of paragraph 8(1)(a) of Schedule 2 (as applied by

sub-paragraph (3) (a) ) — instead see paragraphs 4 (3) and 5 .

(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.

Page 115

Terms and conditions of appointment

(1)

The mayor must determine the terms and conditions of a person’s

appointment as a commissioner.

(2)

But that is subject to the provisions of this Schedule.

Commissioner to work in only one area of competence

(1)

The terms and conditions must provide for the person’s work as

commissioner to relate to one of the areas of competence (the

commissioner’s “special” area of competence).

(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

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.

Page 116

Duration of appointment

(1)

The terms and conditions must provide for a person’s

appointment as a commissioner to end on or before the last day

of the relevant term of office of the mayor making the

appointment.

(2)

If the mayor who made the appointment ceases to hold office

before the last day of the relevant term of office—

(a)

any arrangements under section 107D(3) (ba) for the

commissioner to exercise functions cease to have effect;

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

(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.

(3)

The mayor must obtain the consent of the combined authority to

any arrangement for a commissioner to exercise a function; but

Page 117

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.

Allowances

(1)

A combined authority may—

(a)

make a scheme providing for the payment of allowances

to commissioners appointed by the mayor for the area of

the combined authority, and

(b)

pay allowances in accordance with the scheme.

(2)

A combined authority may only make a scheme if—

(a)

the combined authority has considered a report published

by a relevant remuneration panel which contains

recommendations for the allowances provided for in the

scheme, and

(b)

the allowances payable under the scheme do not exceed

the amounts specified in the recommendations made by

the relevant remuneration panel.

(3)

A combined authority which has made a scheme under this

section must produce and publish reports on the allowances paid

under the scheme (including their amounts).

(4)

In this section “relevant remuneration panel” means a panel that

is specified, or of a description specified, in an order made by

the Secretary of State for the purposes of this paragraph.

Termination of appointment

It is the mayor for the area of a combined authority who may

terminate (in accordance with the terms and conditions of the

appointment) the appointment of a person as a commissioner

(whether the mayor is the person who made the appointment or

a successor).

Role of overview and scrutiny committees

(1)

The power which the combined authority’s overview and scrutiny

committee has (or its overview and scrutiny committees have

Page 118

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

(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 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 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

(1)

The Secretary of State may issue guidance about the selection or

appointment of commissioners.

(2)

The mayors for the areas of combined authorities must take

account of any such guidance.

(3)

The Secretary of State may issue guidance about the exercise of

the function under paragraph 7 (3) of consenting to arrangements

for a function to be exercisable by a commissioner.

Page 119

(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.”

Schedule 4

Section 20

Extension of the general power of competence

Introduction

The Localism Act 2011 is amended in accordance with this Schedule.

Amendment of section 1

(1)

Section 1 (local authority’s general power of competence) is amended in

accordance with this paragraph.

(2)

For the heading substitute “General power of competence”.

(3)

In subsection (1), after “local authority” insert “, combined authority or

CCA”.

(4)

After subsection (1) insert—

“(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).”

Amendment of section 2

(1)

Section 2 (boundaries of the general power) is amended as follows.

Page 120

(2)

After subsection (2) insert—

“(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.”.

(3)

After subsection (3) insert—

“(3A)

The general power may be exercised by a non-mayoral combined

authority or non-mayoral CCA only for the purpose of economic

development or regeneration.”

(4)

In subsection (4), in the words before the definitions, after “section” insert

“, in relation to a local authority”.

(5)

After subsection (4) insert—

“(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 2025 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 2025;

“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 2025 is passed, or

(b)

is contained in an instrument made under an Act

and comes into force before the commencement of

Page 121

section 20 of the English Devolution and Community

Empowerment Act 2025;

“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 2025 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 2025.”

Amendment of section 3

In section 3 (limits on charging in exercise of general power), in subsection

(1)(a), after “local authority” insert “, combined authority or CCA”.

Amendment of section 4

(1)

Section 4 (limits on doing things for commercial purpose in exercise of

general power) is amended in accordance with this paragraph.

(2)

In subsections (1), (2) and (3), after “local authority” insert “, combined

authority or CCA”.

Amendment of section 5

(1)

Section 5 (powers to make supplemental provision) is amended in

accordance with this paragraph.

(2)

In subsections (1), (3), (4), (5)(a) and (b), and (7)(a) after “local authorities”

insert “, combined authorities or CCAs”.

(3)

In subsection (5)(c), after “local authority” insert “, combined authority or

CCA”.

Amendment of section 8

(1)

Section 8 (interpretation) is amended in accordance with this paragraph.

(2)

Before the definition of “the general power” insert—

““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;”.

Page 122

(3)

After the definition of “local authority” insert—

““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;

“non-mayoral CCA” means a CCA that is not a mayoral CCA;

“non-mayoral combined authority” means a combined authority that

is not a mayoral combined authority;”

Schedule 5

Section 23

Providers of micromobility vehicles

(1)

The Road Traffic Regulation Act 1984 is amended in accordance with this

paragraph .

(2)

After Part 2 insert—

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

Page 123

(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)

In subsection (1) or (2) “relevant licensing authority” means the

licensing authority for the licensing area in which the micromobility

vehicle is located when it is provided.

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)

For the purposes of subsections (1) (c) and (2) , the following are not

micromobility vehicles—

(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).

Page 124

(2)

The Secretary of State may make regulations which provide for

other exemptions from the prohibition in section 22E (1) or the

prohibition in section 22E (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.

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(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,

Page 126

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,

(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—

Page 127

(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.”

Page 128

(3)

Before Schedule 4 insert—

“Schedule 3A

Section 22H

Licensing of provision of micromobility vehicles

Introduction

This Schedule is about the provision that may (or must) be made

by regulations under section 22H .

Licence conditions

(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

(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

(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

(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.

Page 129

(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.

(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

(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 a thing 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;

Page 130

(b)

but may not give the licensing authority any power of

entry.

Financial penalties

(1)

The regulations may enable a licensing authority to impose a

financial penalty in relation to—

(a)

the breach of the prohibition in section 22E (1) or the

prohibition in section 22E (2) (providing a micromobility

vehicle without a licence);

(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;

Page 131

(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

(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

(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

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;

Page 132

(b)

knowingly or recklessly provide false information in

connection with reconsideration of, or an appeal against,

a decision of a licensing authority.”

(4)

In section 134 (provisions as to regulations), after subsection (5) insert—

“(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;

(c)

but a statutory instrument by which the power conferred by

section 22I is exercised may, where the power conferred by

any other provision of Part 2A is exercised by the same

instrument, be made under the procedure described in

paragraph (b) instead of the procedure mentioned in

paragraph (a) .”

(1)

The Road Traffic Offenders Act 1988 is amended in accordance with this

paragraph.

(2)

In section 91 (penalty for breach of regulations), in paragraph (b), after

“made under” insert “any provision of Part 2A except section 22I or under”.

(3)

In Schedule 2 (prosecution and punishment of offences), in the table in

Part 1, after the entry for “RTRA section 20(5)” insert—

“RTRA

Providing

Summarily

A fine”.

section 22E (1)

mobility

or (2)

vehicles

without a

licence

(4)

In that table, after the entry for “RTRA section 22E ” (inserted by

sub-paragraph (3) ), insert—

“Regulations

Providing

Summarily

A fine

under RTRA

false

section 22H

information

made by

in connection

virtue of

with a

paragraph

licence

11 (a) or (b)

application

of Schedule

or on an

appeal

Page 133

against a

licensing

decision

Regulations

Providing

Summarily

A fine”.

under RTRA

false

section

information

22J (2) (b)

about

provision of

micromobility

vehicles to

the Secretary

of State or a

licensing

authority

Schedule 6

Section 24

Arrangements to carry out works on highways

Highways Act 1980: delegation of functions relating to trunk roads

(1)

Section 6 of the Highways Act 1980 (delegation etc of functions with respect

to trunk roads) is amended in accordance with this paragraph.

(2)

In subsection (1)—

(a)

after “may by agreement with” insert “a combined authority, a

combined county authority,”;

(b)

after “delegate to that” insert “authority or”.

(3)

After subsection (1) insert—

“(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.”

(4)

In subsection (2)—

(a)

in the words before paragraph (a), for “A council” substitute “An

authority or council”;

(b)

in paragraphs (a) and (b), for “the council” substitute “the authority

or council”.

(5)

In subsection (3), for “the council” substitute “the authority or council”.

(6)

In subsection (4)—

(a)

for “a council” substitute “an authority or council”;

Page 134

(b)

for “the council” (in both places) substitute “the authority or council”.

(7)

In subsection (5)—

(a)

in the words before paragraph (a), after “agreement with” insert “a

combined authority, a combined county authority,”;

(b)

in paragraph (b), for “the council” substitute “the authority or

council”;

(c)

in the words after paragraph (b)—

(i)

for “a council” substitute “an authority or council”;

(ii)

for “such council” substitute “such authority or council”.

(8)

After subsection (5) insert—

“(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.”

(9)

After subsection (6) insert—

“(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.”

(10)

In subsection (6A), in the words before paragraph (a), after “subsection (6)”

insert “or (6ZA)”.

(11)

In subsection (7), for “a council” substitute “an authority or council”.

(12)

After subsection (8) insert—

“(9)

In this section—

Page 135

“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,

(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.”

Highways Act 1980: agreements for doing certain works

(1)

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.

(2)

In subsection (1), after “local highways authorities” insert “, combined

authorities, combined county authorities”.

(3)

After subsection (1) insert—

“(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

Page 136

obtained the consent of any upper-tier constituent council or councils

in whose area the authority would exercise functions under the

agreement.”

(4)

In subsection (2), after “parties to the agreement” insert “, or a relevant

constituent council,”

(5)

In subsection (3)—

(a)

after “another highway authority” insert “or a combined authority

or combined county authority”;

(b)

for “other highway authority” substitute “other authority”.

(6)

After subsection (4) insert—

“(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.”

(7)

After subsection (5) insert—

“(6)

In this section—

“combined authority” , “combined county authority” and

“constituent council” have the same meanings as in section

“relevant constituent council” has the meaning given in

subsection (1A) ;

“upper-tier constituent council” has the same meaning as in

section 6.”

Schedule 7

Section 25

Civil enforcement of traffic contraventions

(1)

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.

(2)

In sub-paragraph (4), for “are to the local authority in whose area the

contravention is committed” substitute “—

“(a)

are references to the local authority in whose area the

contravention is committed;

(b)

if there is a qualifying CCA or combined authority for the

area of that local authority, are also references to that

authority or CCA (in addition to references that local

authority).”

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(3)

After sub-paragraph (4) insert—

“(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.”

(1)

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.

(2)

For sub-paragraph (5) substitute—

“(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).

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(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.”

Schedule 8

Section 27

Key route network roads

Part 1

Designation and directions

Designation of key route network roads: CCAs

(1)

Section 24 of LURA 2023 (designation of key route network roads) is

amended in accordance with this paragraph.

(2)

For subsection (1) substitute—

“(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;

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(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.”

(3)

In subsection (2), for paragraphs (a) to (c) substitute—

“(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.”

(4)

For subsection (5) substitute—

“(5)

A CCA must maintain, and publish on its website, a record of the

roads in its area which are key route network roads.”

Designation of key route network roads: combined authorities

(1)

Section 107ZA of LDEDCA 2009 (designation of key route network roads)

is amended in accordance with this paragraph.

(2)

For subsection (1) substitute—

“(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

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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.”

(3)

In subsection (2), for paragraphs (a) to (c) substitute—

“(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.”

(4)

For subsection (5) substitute—

“(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.”

Power of direction: CCAs

(1)

Section 22 of LURA 2023 (directions relating to highways and traffic

functions) is amended in accordance with this paragraph.

(2)

For the heading substitute “Highways and traffic functions: regulations

conferring power to give directions”.

(3)

For subsection (1) substitute—

“(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).”

(4)

For subsection (6) substitute—

“(6)

In subsection (5) “road”—

(a)

in the case of a power of direction under subsection (1) (a)

, has the meaning given by section 142(1) of the Road Traffic

Regulation Act 1984;

(b)

in the case of a power of direction under subsection (1) (b)

, means a road that is not a key route network road;

(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.”

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(1)

After section 23 insert—

“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

Page 142

(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)

as a permit authority (and here “permit authority”

means a local highway authority which has

submitted, or intends to submit, a permit scheme

within the meaning of Part 3 of the Traffic

Management Act 2004 to the Secretary of State under

section 33(1) or (2) of the that Act).

23B

Contraventions of section

(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”

(2)

After subsection (9) insert—

“(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;

Page 143

(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.”

(3)

In subsection (11), omit “Except as provided for by section 24(7),”.

Power of direction: combined authorities

(1)

Section 104 of LDEDCA 2009 (constitution and functions: transport) is

amended in accordance with this paragraph.

(2)

After subsection (3) insert—

“(3A)

In its application by virtue of this section, the Local Transport Act

2008 has effect with the modifications set out in subsections (3B)

and (3C) .

(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)

in the case of a power of direction under

subsection (1) (a) , has the meaning given by

section 142(1) of the Road Traffic Regulation

Act 1984;

Page 144

(b)

in the case of a power of direction under

subsection (1) (b) , means a road that is not a

key route network road;

(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;

Page 145

(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,

Page 146

(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

(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”

(3)

In subsection (10), omit “Except as provided for by section 107ZA(7),”

Consequential amendments

(1)

In section 107ZA LDEDCA 2009—

(a)

omit subsections (7) and (8);

(b)

in subsection (9), omit the definition of “eligible power”.

(2)

In section 107D(9), omit “Except as provided for by section 107ZA(7),”.

(1)

In section 24 LURA 2023—

(a)

omit subsections (7) and (8);

(b)

in subsection (9), omit the definition of “eligible power”.

(2)

In section 30(11), omit “Except as provided for by section 24(7),”.

Part 2

Transfer of duty of principal councils to make reports on Key Route Network

roads

Introduction

The Road Traffic Reduction Act 1997 is amended in accordance with this

Part of this Schedule.

Page 147

New duty of mayoral combined authorities and CCAs

After section 2 insert—

“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)

under subsection (2) (a) in relation to certain classes

of local road traffic using key route network roads,

or in relation to part of the area, and

(ii)

under subsection (2) (b) in relation to other classes of

local road traffic using key route network roads or

in relation to another part of the area.

(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

Page 148

(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)

The Secretary of State must lay a copy of every report received

under subsection (7) (a) before each House of Parliament.

(9)

In this section “the area”, in relation to a mayoral combined authority

or mayoral CCA, means that authority’s area.”

Consequential amendments

In section 1 (interpretation)—

(a)

before the definition of “local implementation plan” insert—

““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,

(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;”;

Page 149

(b)

after the definition of “London council” insert——

““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

(4) insert—

“(4ZA)

If a principal council is a constituent council of a mayoral combined

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.”

Schedule 9

Section 29

Local transport authorities and other transport functions

Transport Act 2000

The Transport Act 2000 is amended in accordance with paragraphs 2 to

15 .

In section 108 (local transport plans)—

(a)

in subsection (4)(cb), omit “established under section 9(1) of the

Levelling-up and Regeneration Act 2023”;

(b)

after subsection (4) insert—

“(4A)

A county council or a council of a non-metropolitan district

is not a local transport authority where—

(a)

the area of the council falls within the area of a

combined authority or 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.”

Page 150

In section 109 (further provision about plans: England), after subsection (4)

insert—

“(4A)

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.

(4B)

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.”

After section 109 insert—

“109ZA

Mayoral combined authorities and mayoral CCAs: adoption of

local transport plans

(1)

This section applies where a local transport authority is a mayoral

combined authority or a mayoral CCA.

(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 mayoral combined

authority or mayoral CCA.

(3)

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.

(4)

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.

(5)

In relation to the resolution—

(a)

each relevant member has one vote;

(b)

in the event of a tied vote then (unless it is a case where

subsection (4) 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).

(6)

In this section—

“constituent member” , in relation to a mayoral combined

authority or mayoral CCA—

Page 151

(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)

insert—

“(3)

Where a local transport authority is a mayoral combined authority,

references in this section to the local transport authority are to the

mayor acting on behalf of the combined authority.

(4)

Where a local transport authority is a mayoral combined county

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)—

(a)

in subsection (1)(b), for “metropolitan district council” substitute

“local highway authority”;

(b)

in subsection (3)—

(i)

in the opening words, for “metropolitan district council”

substitute “local highway authority”;

(ii)

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”.

Page 152

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)—

(a)

in subsection (2)(b), for “metropolitan district council for the district”

substitute “local highway authority for the local authority area”;

(b)

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), in the definition

of “travel concession authority”, after paragraph (c) insert—

“(cza)

a combined authority,

(czb)

a combined county authority,”.

In section 162 (interpretation of Part 2), in subsection (1), in the appropriate

place insert—

““local highway authority” has the meaning given in section 329(1) of

the Highways Act 1980,”.

Transport Act 1985

The Transport Act 1985 is amended in accordance with paragraphs 17 to

20 .

In section 63 (functions of local councils with respect to passenger transport

in areas other than integrated transport areas and passenger transport

areas)—

(a)

in subsection (4), for “non-metropolitan district council in England”

substitute “district council in England or a relevant county council”;

(b)

after subsection (8) insert—

“(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 references to the combined authority or the

combined county authority (instead of to the council).

(8C)

Subsection (8B) does not apply to any such references in

subsection (4) or (9A) .”;

(c)

after subsection (9) insert—

“(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.”

Page 153

In section 65 (co-operation between certain councils and London regional

transport), after subsection (3) insert—

“(3A)

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

references to the combined authority or the combined county

authority (instead of to the council).”

In section 88 (expenditure on public passenger transport services), in

subsection (8) —

(a)

omit the “and” at the end of paragraph (b) ,

(b)

after that paragraph insert—

“(ba)

combined authorities,

(bb)

combined county authorities, and”.

In section 105 (travel concessions on services provided by local authorities)—

(a)

in subsection (1) , after “Scotland” insert “, or a combined authority

or a combined county authority,”;

(b)

in subsection (2), after “such council” insert “or authority”;

(c)

in subsection (3), after “council” insert “or authority”.

Schedule 10

Section 30

Adult education

The Apprenticeships, Skills, Children and Learning Act 2009 is amended

in accordance with this Schedule.

(1)

Section 86 (education and training for persons aged 19 or over and others

subject to adult detention) is amended in accordance with this paragraph.

(2)

After subsection (1) insert—

“(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.”

Page 154

(3)

In subsection (6), after the definition of “education” insert—

““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;”

(4)

In subsection (7), after “subsection (1)(a) or (b)” insert “or (1A) (a) ”.

(1)

Section 87 (learning aims for persons aged 19 or over: provision of facilities)

is amended in accordance with this paragraph.

(2)

After subsection (1) insert—

“(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.”

(3)

In subsection (3)(b), for “Secretary of State” substitute “person, authority

or council exercising the function under subsection (1) or (1A)”.

(4)

In subsection (6), after the definition of “education” insert—

““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;”

(1)

Section 88 (learning aims for persons aged 19 or over: payment of tuition

fees) is amended in accordance with this paragraph.

(2)

In subsection (1), for “Secretary of State” substitute “relevant authority”.

(3)

In subsection (2)(b), for “Secretary of State” substitute “person, authority

or council exercising the function under this Part”.

(4)

In subsections (2A) and (3), for “Secretary of State” substitute “relevant

authority”.

(5)

In subsection (4)(b), for “Secretary of State” substitute “relevant authority

securing the provision of the facilities under section 86”.

(6)

In subsection (6)(a), for “Secretary of State” substitute “relevant authority”.

(7)

After subsection (7) insert—

“(8)

In this section “relevant authority” means—

Page 155

(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.”

(1)

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.

(2)

After subsection (1) insert—

“(1A)

The Greater London Authority, each combined authority and CCA,

and each district council or county council that is a strategic

authority, must—

(a)

encourage participation by persons within section 86 (1A) (a)

in education and training within strategic authorities’ remit

under this Part;

(b)

encourage employers to participate in the provision of

education and training within strategic authorities’ remit

under this Part for persons within section 86 (1A) (a) ;

(c)

encourage employers to contribute to the costs of education

and training within strategic authorities’ remit under this

Part for such persons.”

(3)

In subsection (2), after “subsection (1)(b)” insert “or (1A) (b) ”.

(1)

Section 100 (provision of financial resources) is amended in accordance

with this paragraph.

(2)

In subsection (1)—

(a)

in the words before paragraph (a), for “The Secretary of State”

substitute “A relevant authority”;

(b)

in paragraph (a), for “the Secretary of State's remit” substitute “the

relevant authority’s remit”.

(3)

In subsection (1AA) omit the words after “combined authority”.

(4)

In subsection (1AB), for the words from “combined county authority” to

the end substitute “CCA”.

(5)

In subsection (1B), for “The Secretary of State” substitute “A relevant

authority”.

(6)

After subsection (1B) insert—

“(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;

Page 156

(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.”

(7)

In subsection (3)—

(a)

in the words before paragraph (a), for “The Secretary of State”

substitute “A relevant authority”;

(b)

in paragraph (c), for “the Secretary of State” substitute “the relevant

authority”.

(8)

In subsection (4), for “The Secretary of State” substitute “A relevant

authority”.

(9)

In subsection (5)—

(a)

omit the definitions of “combined authority” and “combined county

authority”;

(b)

after the definition of “English statutory apprenticeship” insert—

““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.”

(1)

Section 101 (financial resources: conditions) is amended in accordance with

this paragraph.

(2)

In subsection (1), for “the Secretary of State” substitute “a relevant

authority”.

(3)

In the following provisions, for “the Secretary of State” substitute “the

relevant authority”—

(a)

subsection (3)(a) (in both places);

(b)

subsection (3)(b) (in both places);

Page 157

(c)

subsection (6)(a) (in both places);

(d)

subsection (6)(b).

In section 103 (means tests), after subsection (1) insert—

“(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.”

After section 114 insert—

“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)

and (2) substitute—

“(1)

The Secretary of State 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) or (b) .

(2A)

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, 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)

The persons referred to above are—

(a)

persons who are aged 19 or over, other than persons aged

under 25 for whom an EHC plan is maintained;

(b)

persons who are subject to adult detention.”

(1)

Section 121 (interpretation) is amended in accordance with this paragraph.

Page 158

(2)

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;

“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 2025;”.

(3)

After subsection (3) insert—

“(3A)

In this Part a reference to education within strategic authorities’

remit under this Part is a reference to—

(a)

education falling within section 86 (1A) (a) , and

(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—

(a)

training falling within section 86 (1A) (b) ), and

(b)

organised leisure-time occupation in connection with such

training.”

(1)

Section 122 (sharing of information for education and training purposes)

is amended in accordance with this paragraph.

(2)

In subsection (3)—

(a)

after paragraph (fd) insert—

“(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;”.

(3)

In subsection (5), for paragraphs (d) and (e) substitute—

“(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, or

(g)

any function of the Greater London Authority under Part

4,”.

Page 159

Schedule 11

Section 31

Planning applications of potential strategic importance

(1)

The Town and Country Planning Act 1990 is amended as follows.

(2)

In section 2A (the Mayor of London: applications of potential strategic

importance)—

(a)

in the heading, after “London” insert “, mayors of combined

authorities and mayors of combined county authorities”;

(b)

in subsection (1), in the closing words, for “Mayor of London”

substitute “relevant mayor”;

(c)

omit subsection (1A);

(d)

in subsection (1B)—

(i)

in the opening words, for “Mayor of London” substitute

“relevant mayor”;

(ii)

in paragraph (b), for “Mayor of London” substitute “relevant

mayor”;

(e)

in subsection (2) for “Mayor” substitute “relevant mayor”;

(f)

in subsection (3)(a)—

(i)

the words from “in Greater” to the end of that paragraph

become sub-paragraph (i);

(ii)

after that sub-paragraph insert—

“(ii)

in an area of a mayoral combined

authority, or

(iii)

in an area of a mayoral combined

county authority,”;

(g)

in subsection (5), for “Mayor of London” substitute “relevant mayor”;

(h)

after subsection (5) insert—

“(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.”;

(i)

in subsection (6), for “the spatial development strategy” substitute

“a spatial development strategy”.

(3)

In section 2B (section 2A: supplementary provision)—

(a)

in subsection (1), for “Mayor of London” substitute “relevant mayor”;

Page 160

(b)

in subsection (2), for “Mayor of London’s” substitute “relevant

mayor’s”;

(c)

in subsection (3), for “Mayor of London” substitute “relevant mayor”;

(d)

in subsection (4), for “Mayor of London” substitute “relevant mayor”;

(e)

in subsection (5), for “Mayor of London” substitute “relevant mayor”;

(f)

in subsection (6), omit paragraph (b).

(4)

In section 2C (matters reserved for subsequent approval)—

(a)

in subsection (1), for “Mayor of London” substitute “relevant mayor”;

(b)

in subsection (3), for “Mayor of London” substitute “relevant mayor”.

(5)

In section 2D (further provision about orders under section 2A)—

(a)

in subsection (2), for “Mayor of London” substitute “relevant mayor”;

(b)

in subsection (3), for “Mayor of London” substitute “relevant mayor”.

(6)

In section 2E (section 2A and planning obligations under section 106)—

(a)

in subsection (1), for “Mayor of London” substitute “relevant mayor”;

(b)

in subsection (2), for “Mayor of London” substitute “relevant mayor”;

(c)

in subsection (4), for “Mayor of London” substitute “relevant mayor”;

(d)

in subsection (5), in paragraph (a), for “Mayor of London” substitute

“relevant mayor”.

(7)

In section 2F (representation hearings)—

(a)

in subsection (2), for “Mayor of London” substitute “relevant mayor”;

(b)

in subsection (3), for “Mayor of London” substitute “relevant mayor”;

(c)

in subsection (5), in paragraph (b), for “Mayor of London” substitute

“relevant mayor”.

Schedule 12

Section 32

Development orders

(1)

The Town and Country Planning Act 1990 is amended as follows.

(2)

In section 61DA (mayoral development orders)—

(a)

in subsection (1), for “The Mayor of London” substitute “A relevant

mayor”;

(b)

after subsection (1) insert—

“(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.”;

(c)

In subsection (2), for paragraphs (a) and (b) substitute—

“(a)

if the relevant mayor is the Mayor of London—

Page 161

(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.”

(3)

In section 61DB (permission granted by mayoral development order)—

(a)

in subsection (3) for “Mayor of London” substitute “the mayor who

made the order”;

(b)

omit subsections (6) and (7);

(c)

in subsection (8)—

(i)

in paragraph (a), for “the Mayor of London” substitute “a

relevant mayor”;

(ii)

in the closing words, for “Mayor” substitute “relevant

mayor”;

(d)

in subsection (9)—

(i)

the words from “a site” to the end become paragraph (a);

(ii)

after that paragraph insert—“, and

“(b)

the authority has the function of determining

applications for planning permission in

relation that area.”

(4)

In section 61DC (preparation and making of mayoral development order)—

(a)

omit subsection (3);

(b)

omit subsection (4);

(c)

for subsection (5) substitute—

“(5)

A Mayoral development order may not be made unless—

(a)

the order has been approved, in the form in which

it is made, by each relevant local planning authority,

(b)

the Secretary of State has approved the order under

section 61DCA and any modifications which that

approval is subject to have been made to the order.”;

(d)

in subsection (6)—

(i)

for “the Mayor of London” substitute “a relevant mayor”;

(ii)

for “Mayor”, in the second place it occurs, substitute “mayor”.

Page 162

(5)

After section 61DC insert—

“61DCA

Secretary of State power to approve Mayoral development order

(1)

This section applies where a relevant local planning authority has

not approved a Mayoral development order for the purposes of

section 61DC(5)(a) before the end of the specified period.

(2)

The relevant mayor may submit the order to the Secretary of State

for approval.

(3)

Where an order is submitted under subsection (2) , the Secretary of

State may—

(a)

approve the order (with or without modifications), or

(b)

refuse to approve the order.

(4)

The Secretary of State must give the relevant mayor notice of the

decision under subsection (3) .

(5)

The notice must—

(a)

include the reasons for the decision,

(b)

specify any modifications to the order which that approval

is subject to.

(6)

Before determining whether or not to approve an order submitted

under subsection (2) , the Secretary of State must offer the relevant

mayor and any relevant local planning authority the opportunity

of appearing before, and being heard by, a person appointed by the

Secretary of State for the purpose.

(7)

In this section, “specified” means specified by the Secretary of State

in regulations.”

(6)

In section 61DD (revision or revocation of mayoral development order)—

(a)

in subsection (1), for “The Mayor of London” substitute “A relevant

mayor”;

(b)

in subsection (2)—

(i)

for “The Mayor of London” substitute “A relevant mayor”;

(ii)

for “Mayor”, in the second place it occurs, substitute

“relevant mayor”.

(7)

In section 61DE (effect of revision or revocation on incomplete

development)—

(a)

in subsection (4)—

(i)

for “the Mayor of London” substitute “a relevant mayor”;

(ii)

for “Mayor”, in the second place it occurs, substitute “mayor”;

(b)

in subsection (5), for “the Mayor of London” substitute “the relevant

mayor”.

(8)

In section 74 (directions etc as to method of dealing with applications)—

Page 163

(a)

in subsection (1B)—

(i)

after paragraph (a) insert—

“(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;”;

(ii)

in paragraph (b), for “such direction” substitute “direction

under paragraph (a) or (aa)”;

(iii)

in paragraph (c), after “(a)(ii)” insert “or (aa)(ii)”;

(b)

in subsection (1BA), in paragraph (b), for “or the Mayor of London”

substitute “, the Mayor of London or the mayor of a relevant

authority”;

(c)

in subsection (1BB), for “the spatial development strategy” substitute

“a spatial development strategy”;

(d)

after subsection (1C) insert—

“(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.”

(e)

after subsection (2) insert—

“(3)

In this section, “relevant authority” means a mayoral

combined authority or a mayoral combined county

authority.”

Page 164

(9)

In section 284 (validity of development plans and certain orders, decisions

and directions), in subsection (3), before paragraph (ya) insert—

“(xa)

any decision to approve (with or without modifications) or

not approve a mayoral development order under section

61DCA;”.

(10)

In section 319A (determination of procedure for certain proceedings:

England), in subsection (7) before paragraph (za) insert—

“(zza)

an application made to the Secretary of State under section

61DCA;”.

(11)

In section 336 (interpretation)—

(a)

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;”;

(b)

for the definition of “spatial development strategy” substitute “—

“(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;”.

Schedule 13

Section 32

Amendments relating to changes to mayoral planning powers

Planning (Hazardous Substances) Act 1990

In section 1 of the Planning (Hazardous Substances) Act 1990—

(a)

the existing words become subsection (1);

Page 165

(b)

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);

(c)

after subsection (1) insert—

“(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).”

Town and Country Planning Act 1990

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

subsection (4), in the definition of “relevant authority”, after paragraph (b)

insert—

“(ba)

the mayor of a mayoral combined authority;

(bb)

the mayor of a mayoral combined county authority;”.

In section 106 (planning obligations)—

(a)

in subsection (1)(d), after “Authority” insert “or, as the case may

be, the mayoral combined authority or mayoral combined county

authority”;

(b)

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”;

(c)

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”;

(d)

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)—

(a)

in subsection (11)(a), after “London” insert “or the mayor of a

combined authority or combined county authority”;

(b)

in subsection (12), after “London” insert “or the mayor of a combined

authority or combined county authority”.

Page 166

In section 106B (appeals in relation to applications under section 106A), in

subsection (8)—

(a)

after “London”, in the first place it occurs, insert “or the mayor of

a combined authority or combined county authority”;

(b)

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—

(a)

in paragraph (a), after “London” insert “or the mayor of the

combined authority or combined county authority who made the

order”;

(b)

in paragraph (b)—

(i)

after “London”, in the first place it occurs, insert “or a mayor

of a combined authority or combined county authority”;

(ii)

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)—

(a)

in subsection (1ZA)(a), after “London” insert “or the mayor of a

combined authority or combined county authority”;

(b)

in subsection (10A), as inserted by paragraph 19(3) of Schedule 4

to the Infrastructure Act 2015—

(i)

after “London”, in the first place it occurs, insert “, the mayor

of a combined authority or combined county authority,”;

(ii)

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)—

(a)

in the heading, omit “in London”;

(b)

in subsection (1)(a), for “London borough” substitute “relevant area”;

(c)

in subsection (1)(b), for “Mayor of London” substitute “relevant

mayor”;

(d)

in subsection (5), in the substituted subsection—

(i)

in paragraph (a), for “Mayor of London” substitute “relevant

mayor”;

(ii)

in paragraph (a), for “Mayor”, the second time it occurs,

substitute “relevant mayor”;

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(iii)

in paragraph (b), for “Mayor” substitute “relevant mayor”;

(iv)

in the closing words, for each reference to “Mayor” substitute

“relevant mayor”;

(e)

in subsection (6), in paragraph (a) of the substituted subsection—

(i)

for “Mayor of London” substitute “relevant mayor”;

(ii)

for “Mayor”, the second time it occurs, substitute “relevant

mayor”;

(f)

After subsection (6) insert—

“(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)—

(a)

in subsection (1B), as inserted by paragraph 21 of Schedule 4 to the

Infrastructure Act 2015—

(i)

in the opening words, for “Mayor of London” substitute

“relevant mayor”;

(ii)

in paragraph (a), for “Mayor of London” substitute “relevant

mayor”;

(iii)

in paragraph (a), for “for the Mayor” substitute “the mayor”;

(iv)

in paragraph (b) for “Mayor of London” substitute “the

relevant mayor”;

(b)

after subsection (1B), as inserted by paragraph 21 of Schedule 4 to

the Infrastructure Act 2015, insert—

“(1BZA)

For the purposes of subsection (1B), the “relevant mayor”—

(a)

where the proposal is for a Mayoral development

order to be made by the Mayor of London, the Mayor

of London,

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(b)

where the proposal is for a Mayoral development

order to be made by the mayor of a mayoral

combined authority, that mayor, or

(c)

where the proposal is for a Mayoral development

order to be made by the mayor of a mayoral

combined county authority, that mayor.”

(1)

Schedule 7A (biodiversity gain in England) is amended as follows.

(2)

In paragraph 12D—

(a)

in sub-paragraph (1), after “London” insert “or the mayor of a

mayoral combined authority or mayoral combined county authority”;

(b)

in sub-paragraph (2)(a), after “London” insert “or the mayor of the

mayoral combined authority or mayoral combined county authority”;

(c)

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”.

(3)

In paragraph 12E—

(a)

in sub-paragraph (1)(a), after “London” insert “or the mayor of a

mayoral combined authority or mayoral combined county authority”;

(b)

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”.

(4)

in paragraph 12F—

(a)

in sub-paragraph (1)(a), after “London” insert “or the mayor of a

mayoral combined authority or mayoral combined county authority”;

(b)

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”.

Self-build and Custom Housebuilding Act 2015

In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty

to grant planning permission etc)—

(a)

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”;

(b)

after subsection (9) insert—

“(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;

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“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.”

Housing and Planning Act 2016

In section 162 of the Housing and Planning Act 2016 (regulations under

section 161: general)—

(a)

in subsection (5), after “London” insert “, a mayor of a mayoral

combined authorities or a mayoral combined county authority”;

(b)

after subsection (5) insert—

“(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).”

Levelling-Up and Regeneration Act 2023

In section 91 (interpretation of chapter), in the definition of “relevant

planning authority”, after paragraph (e) insert—

“(ea)

the mayor (if any) of a combined authority,

(eb)

the mayor (if any) of a combined county authority,”.

Schedule 14

Section 33

Community infrastructure levy

(1)

The Planning Act 2008 is amended as follows.

(2)

In section 206 (the charge), before its amendment by section 139 of the

Levelling-up and Regeneration Act 2023—

(a)

in subsection (3), before paragraph (a) insert—

“(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),”;

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(b)

after subsection (3) insert—

“(3A)

A mayor may only be a charging authority under subsection

(3) (aa) or (ab) if—

(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.”;

(c)

in subsection (4), after “case” insert “of the area of a combined

authority, the area of a combined county authority or”;

(d)

after subsection (6) insert—

“(7)

A mayor who is the charging authority under subsection

(3) (aa) or (ab) may not make arrangements for any other

person to exercise the mayor’s functions as a charging

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.”

(3)

In section 213 (charging schedule: approval)—

(a)

in subsection (2), after “London” insert “or a relevant mayor”;

(b)

in subsection (3), after “London” insert “or a relevant mayor”;

(c)

after subsection (3) insert—

“(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

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vote (in addition to any other vote the mayor may

have).”;

(d)

in subsection (5), after the definition of “examiner” insert—

““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,

(b)

the mayor for the area of a combined county

authority established under section 9(1) of the

Levelling-up and Regeneration Act 2023.”

(4)

In section 214 (charging schedule: effect)—

(a)

in subsection (5), after “London” insert “or a relevant mayor”;

(b)

in subsection (6), after “London” insert “or a relevant mayor”;

(c)

after subsection (6) insert—

“(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).”

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Schedule 15

Section 34

Acquisition and development of land

Part 1

Functions of the Homes and Communities Agency (known as Homes England)

Introduction

The Housing and Regeneration Act 2008 is amended in accordance with

this Part of this Schedule.

Exercise of functions by strategic authorities outside London

In Chapter 2 of Part 1, before the italic cross-heading before section 5,

insert—

“Exercise of functions by strategic authorities

Purpose of exercise of functions

(1)

A strategic authority outside London or mayor for the area of a

strategic authority outside London, or the Mayor London, may only

exercise the functions conferred by this Chapter 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.

(2)

In this section—

(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.”

Various powers

In the following provisions, after “HCA” insert “or a strategic authority

outside London”—

(a)

section 5(1) and (2) (powers to provide housing or other land);

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(b)

section 6(1), (2) and (3) (powers for regeneration, development or

effective use of land);

(c)

section 7(1) and (2) (powers in relation to infrastructure);

(d)

section 8 (powers to deal with land etc).

Acquisition of land

In section 9—

(a)

in subsections (1) and (2), after “HCA” insert “or a strategic

authority”;

(b)

after subsection (5) insert—

“(5A)

Section 9A makes provision about the exercise of the function

conferred by subsection (2) on the Greater London Authority

and combined authorities and CCAs.”;

(c)

in subsection (6), after “HCA” insert “or a strategic authority”.

After section 9 insert—

“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 the Greater London Authority, the compulsory

acquisition function is a function of the Authority exercisable only

by the Mayor of the London acting on behalf of the Authority.

(3)

In the case of a mayoral combined authority or mayoral CCA, the

compulsory acquisition function is a function of the combined

authority or CAA that is exercisable only by the mayor on behalf

of the combined authority or CCA.

(4)

In the case of a mayoral combined authority, before exercising the

compulsory acquisition function the mayor must consult of any of

the following bodies whose area contains any part of the land subject

to the proposed compulsory acquisition—

(a)

the constituent authorities;

(b)

any National Park authority.

(5)

In the case of a mayoral CCA, before exercising the compulsory

acquisition function the mayor must consult of any of the following

bodies whose area contains any part of the land subject to the

proposed compulsory acquisition—

(a)

the constituent authorities;

(b)

any district council with the area of the CCA that is not a

constituent authority;

(c)

any National Park authority.

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(6)

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 authorities;

(b)

any National Park authority.

(7)

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 authorities;

(b)

any district council within the area of the CCA that is not a

constituent authority;

(c)

any National Park authority.

(8)

In the case of a county council, 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.

(9)

In the case of a district council, the exercise of the compulsory

acquisition function requires the consent of any National Park

authority whose area contains any part of the land subject to the

proposed compulsory acquisition.

(10)

In this section “compulsory acquisition function” means the function

conferred by section 9(2).”

Restrictions on disposal of land

In section 10, in subsections (1), (3) and (4), after “HCA” insert “or a strategic

authority outside London”.

Financial assistance

(1)

Section 19 is amended in accordance with this paragraph.

(2)

In subsections (1), (1A) and (4), after “HCA” insert “or a strategic authority

outside London”.

(3)

After subsection (5) insert—

“(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;

Page 175

(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.”

Interpretation

In section 57, in subsection (1)—

(a)

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;

“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,

(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;”;

(b)

at the appropriate place insert—

““mayoral CCA” has the same meaning as in the Levelling-up

and Regeneration Act 2023 (see section 57 of that Act);

Page 176

“mayoral combined authority” has the same meaning as in the

Local Democracy, Economic Development and Construction

Act 2009 (see section 120 of that Act);”;

(c)

at the appropriate place insert—

““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);”;

(d)

at the appropriate place insert—

““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 2025,

(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.”

Acquisition of land

(1)

Schedule 2 is amended in accordance with this paragraph.

(2)

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)”.

(3)

In paragraph 3 (extinguishment of private rights of way etc)—

(a)

in sub-paragraph (1), after “HCA” insert “, a strategic authority

outside London, or the mayor for the area of a strategic authority

outside London”;

(b)

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)”.

(4)

In paragraphs 4 and 5(a), after “HCA” insert “, strategic authority outside

London, or mayor”.

(5)

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).

Page 177

(6)

In paragraph 17 (acquisition by agreement), in sub-paragraph (1), after

“HCA” insert “or a strategic authority”.

Main powers in relation to land acquired

(1)

Schedule 3 is amended in accordance with this paragraph.

(2)

In the heading, omit “by the HCA”.

(3)

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”.

(4)

In paragraph 7 (duty to give opportunity to appear), in sub-paragraph

(3)(a), after “HCA” insert “or strategic authority outside London”.

(5)

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”.

(6)

In paragraph 19 (burial grounds)—

(a)

in sub-paragraph (1), after “HCA” insert “or a strategic authority

outside London”;

(b)

in sub-paragraph (2), after “HCA” insert “ or strategic authority

outside London”.

(7)

In paragraph 20 (consecrated land other than burial grounds)—

(a)

in sub-paragraph (1), after “HCA” insert “or a strategic authority

outside London”;

(b)

in sub-paragraph (2), after “HCA” insert “or strategic authority

outside London”.

Powers in relation to, and for, statutory undertakers

(1)

Schedule 4 is amended in accordance with this paragraph.

(2)

In paragraph 1 (notice for extinguishment of rights of undertakers or for

removal of their apparatus)—

(a)

in sub-paragraph (1)(a) and (b), after “HCA” insert “or a strategic

authority outside London”;

(b)

in sub-paragraph (2), after “HCA” insert “or strategic authority

outside London”.

(3)

In paragraph 2 (counter-notices)—

(a)

in sub-paragraph (1), after “HCA” insert “or a strategic authority

outside London”;

(b)

in sub-paragraph (2), after “HCA” insert “or strategic authority

outside London”.

(4)

In paragraph 3 (effect of unopposed notice), in sub-paragraph (3), after

“HCA” insert “or strategic authority outside London”.

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(5)

In paragraph 4 (opposed notices and Ministerial orders), in sub-paragraph

(2), after “HCA” insert “or strategic authority outside London”.

(6)

In paragraph 5 (opposed notices and Ministerial orders), in sub-paragraph

(2)(b)(ii), after “HCA” insert “or strategic authority outside London”.

(7)

In paragraph 6 (opposed notices and Ministerial orders), in sub-paragraph

(3), after “HCA” insert “or strategic authority outside London”.

(8)

In paragraph 7 (compensation), in sub-paragraph (1)—

(a)

in the words before paragraph (a), after “HCA” insert “or strategic

authority outside London”;

(b)

in the words after paragraph (b), after “by virtue of” insert “a notice

served by that agency or authority under”.

(9)

In paragraph 9 (notices by undertakers to carry out works)—

(a)

in sub-paragraph (1)(a), after “HCA” insert “or a strategic authority

outside London”;

(b)

in sub-paragraph (2), after “HCA” insert “or strategic authority

outside London”.

(10)

In paragraph 10 (counter-notices)—

(a)

in sub-paragraph (1), after “HCA” insert “or a strategic authority

outside London”;

(b)

in sub-paragraphs (2) and (3), after “HCA” insert “or strategic

authority outside London”;

(c)

in sub-paragraph (4), for “HCA’s objection” substitute “objection

by the HCA or strategic authority outside London”.

(11)

In paragraph 13 (power to arrange for works to be done by the HCA)—

(a)

in the heading, omit “by the HCA”;

(b)

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”.

(12)

In paragraph 14 (compensation), in sub-paragraph (1)—

(a)

after “HCA” insert “or strategic authority outside London”;

(b)

after “by virtue of” insert “a notice served on that agency or

authority under”.

(13)

In paragraph 16 (ministerial order following representations by statutory

undertakers)—

(a)

in sub-paragraph (4)(a), after “HCA” insert “or a strategic authority

outside London”;

(b)

in sub-paragraph (5), after “HCA” insert “or a strategic authority

outside London”.

(14)

In paragraph 17 (ministerial order following representations by the HCA)—

Page 179

(a)

in the heading, after “HCA” insert “or a strategic authority outside

London”;

(b)

in sub-paragraph (2), after “HCA” insert “or a strategic authority

outside London”.

(15)

In paragraph 18 (examples of contents of orders), in sub-paragraph (2)(a),

after “HCA” insert “or a strategic authority outside London”.

(16)

In paragraph 20 (notification of proposal to make order)—

(a)

in sub-paragraph (1), after “HCA” insert “or a strategic authority

outside London”;

(b)

in sub-paragraph (3), after “HCA” insert “or strategic authority

outside London”.

(17)

In paragraph 23 (duty to give opportunity to appear), in sub-paragraph

(2)(a), after “HCA” insert “or strategic authority outside London”.

(18)

In paragraph 28 (orders to relieve obligations), in sub-paragraph (4)(a),

after “HCA” insert “or a strategic authority outside London”.

Part 2

Functions of local authorities

Introduction

The Town and Country Planning Act 1990 is amended in accordance with

this Part of this Schedule.

Compulsory acquisition of land for development and other planning purposes

(1)

Section 226 is amended in accordance with this paragraph.

(2)

In subsections (1) and (1A), after “local authority” insert “or strategic

authority”.

(3)

After subsection (1B) insert—

“(1C)

Section 226A makes provision about the exercise of the function

conferred by subsection (1) on combined authorities and CCAs.”.

(4)

In subsections (3) and (4) (in both places), after “local authority” insert

“or strategic authority”.

(5)

In subsection (5)—

(a)

after the first “local authority” insert “or strategic authority”;

(b)

after “Act” insert “or strategic authority to whom this section

applies”.

(6)

In subsection (6), after paragraph (c) insert—

“but paragraph (a) or (b) does not apply if the land is in the area of a

strategic authority to whom this section applies (instead see subsection

(6A)).”

Page 180

(7)

After subsection (6) insert—

“(6A)

Before giving an authorisation under subsection (5) if the land is in

the area of a strategic authority to whom this section applies, the

Secretary of State must consult the strategic authority.”

(8)

After subsection (8) insert—

“(8A)

In this section “strategic authority to whom this section applies”

means a combined authority or CCA.”

After section 226 insert—

“226A

Compulsory acquisition of land by combined authorities and CCAs

(1)

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.

(2)

In the case of a mayoral combined authority, before exercising the

compulsory acquisition function the combined authority must consult

of any of the following bodies whose area contains any part of the

land subject to the proposed compulsory acquisition—

(a)

the constituent authorities;

(b)

any National Park authority.

(3)

In the case of a mayoral CCA, before exercising the compulsory

acquisition function the CCA must consult of any of the following

bodies whose area contains any part of the land subject to the

proposed compulsory acquisition—

(a)

the constituent authorities;

(b)

any district council with the area of the CCA that is not a

constituent authority;

(c)

any National Park authority.

(4)

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 authorities;

(b)

any National Park authority.

(5)

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 authorities;

(b)

any district council within the area of the CCA that is not a

constituent authority;

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(c)

any National Park authority.

(6)

In this section “compulsory acquisition function” means the function

conferred by section 226(1).”

Acquisition of land by agreement

In section 227—

(a)

after “London borough” insert “or any combined authority or CCA”;

(b)

after “local authority” insert “ or combined authority or CCA”.

Appropriation of land forming part of common, etc

(1)

Section 229 is amended in accordance with this paragraph.

(2)

In subsection (1), after “local authority” insert “or combined authority or

CCA”.

(3)

In subsection (5), in the words before paragraph (a), after “local authority”

insert “or combined authority or CCA”.

Acquisition of land for purposes of exchange

In section 230, after subsection (1) insert—

“(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.”

Appropriation of land held for planning purposes

In section 232, in subsections (1), (2) and (4), after “local authority” insert

“or a combined authority or CCA”.

Disposal by local authorities of land held for planning purposes

(1)

Section 233 is amended in accordance with this paragraph.

(2)

In the heading, after “local” insert “or strategic”.

(3)

In subsections (1) and (2), after “local authority” insert “or a combined

authority or CCA”.

(4)

In subsection (3A)—

(a)

in paragraph (b), omit “and”;

(b)

after paragraph (b) insert—

“(ba)

in relation to combined authorities or CCAs generally,

or combined authorities or CCAs of a particular class,

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or to any particular combined authority or authorities

or CCA or CCAs, and”.

(5)

In subsections (4) and (5), after “local authority” insert “or a combined

authority or CCA”.

(6)

In subsection (9), after “England” insert “or by a combined authority or

CCA”.

Development of land held for planning purposes

(1)

Section 235 is amended in accordance with this paragraph.

(2)

In subsection (1)—

(a)

in the words before paragraph (a), after “local authority” insert “or

a combined authority or CCA”;

(b)

in paragraph (a), for “that local authority” substitute “that authority”.

(3)

In subsections (2)(a) and (3), after “local authority” insert “or a combined

authority or CCA”.

(4)

In subsection (4)—

(a)

after “A local authority” insert “or a combined authority or CCA”;

(b)

for “the local authority” substitute “the authority”.

(5)

In subsection (5)(a), after “local authority” insert “or a combined authority

or CCA”.

Use and development of consecrated land and burial grounds

In section 240 (provisions supplemental to sections 238 and 239 (which

provide for the use and development of consecrated land and burial

grounds)), after subsection (3) insert—

“(4)

In section 239 “relevant acquisition or appropriation” also includes

an acquisition made by a combined authority or CCA under this

Part or Chapter V of Part I of the Planning (Listed Buildings and

Conservation Areas) Act 1990 or compulsorily under any other

enactment, or an appropriation by a combined authority or CCA

for planning purposes.”

Use and development of open spaces

In section 241, in subsection (1)—

(a)

after the first “local authority” insert “, a combined authority or

CCA”;

(b)

after the second “local authority” insert “or a combined authority

or CCA”.

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Interpretation of Part 9

In section 246, in subsection (2), after “local authority” insert “, a combined

authority or CCA”.

Interpretation

In section 336, in subsection (1)—

(a)

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;”;

(b)

at the appropriate place insert—

““combined authority” means a combined authority established

under Part 6 of the Local Democracy, Economic Development

and Construction Act 2009;”;

(c)

at the appropriate place insert—

““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,

(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;”;

(d)

at the appropriate place insert—

““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);”;

(e)

at the appropriate place insert—

““non-mayoral CCA” has the same meaning as in the

Levelling-up and Regeneration Act 2023 (see section 57 of

that Act);

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“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);”.

Schedule 16

Section 35

Housing accommodation

Introduction

The Housing Act 1985 is amended in accordance with this Schedule.

Periodical review of housing needs

(1)

Section 8 is amended in accordance with this paragraph.

(2)

After subsection (1) insert—

“(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.”

(3)

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”.

(4)

In subsection (3)—

(a)

after “England,” insert “or a combined authority, CCA or county

council,”;

(b)

after “district” insert “, or area,”.

Provision of board and laundry facilities

(1)

Section 11 is amended in accordance with this paragraph.

(2)

After subsection (1) insert—

“(1A)

A combined authority or CCA, or two-tier county council that is a

strategic authority, may provide in connection with the provision

of housing accommodation by a local housing authority under this

Part—

(a)

facilities for obtaining meals and refreshments, and

(b)

facilities for doing laundry and laundry services,

such as accord with the needs of the persons for whom the housing

accommodation is provided.”

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(3)

In subsection (2), for “The authority” substitute “A local housing authority,

combined authority, CCA or county council”.

(4)

In subsection (3), after “(1)(a)” insert “or (1A) (a) ”.

(5)

In subsection (4), after “local housing authority” insert “, combined authority,

CCA or county council”.

Provision of shops, recreation grounds, etc

(1)

Section 12 is amended in accordance with this paragraph.

(2)

After subsection (1) insert—

“(1A)

A 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 by a local housing authority under this Part—

(a)

buildings adapted for use as shops,

(b)

recreation grounds, and

(c)

other buildings or land which, in the opinion of the Secretary

of State, will serve a beneficial purpose in connection with

the requirements of the persons for whom the housing

accommodation is provided.”

(3)

After subsection (3) insert—

“(3A)

The power conferred by subsection (1A) may be exercised either by

the combined authority or CCA or county council itself or jointly

with another person.”

Acquisition of land for housing purposes

(1)

Section 17 is amended in accordance with this paragraph.

(2)

In subsection (1), after “local housing authority” insert “, a combined

authority or CCA, or a two-tier county council that is a strategic authority”.

(3)

In subsection (3), after “local housing authority” insert “, combined authority

or CCA, or two-tier county council that is a strategic authority”.

(4)

In subsection (4)—

(a)

after “local housing authority” insert “, combined authority or CCA,

or two-tier county council that is a strategic authority”;

(b)

for “an authority” substitute “a local housing authority, combined

authority or CCA, or two-tier county council that is a strategic

authority”.

(5)

After subsection (4) insert—

“(5)

Section 17A makes provision about the exercise of the function of

acquiring land compulsorily under an authorisation under section

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17(3) conferred on a combined authority or CCA or two-tier county

council that is a strategic authority.”

(6)

After section 17 insert—

“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 of any of

the following bodies whose area contains any part of the land subject

to the proposed compulsory acquisition—

(a)

the constituent authorities;

(b)

any National Park authority.

(4)

In the case of a mayoral CCA, before exercising the compulsory

acquisition function the mayor must consult of any of the following

bodies whose area contains any part of the land subject to the

proposed compulsory acquisition—

(a)

the constituent authorities;

(b)

any district council with the area of the CCA that is not a

constituent authority;

(c)

any National Park 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 authorities;

(b)

any National Park 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 authorities;

(b)

any district council within the area of the CCA that is not a

constituent authority;

(c)

any National Park authority.

(7)

In the case of a two-tier county council that is a strategic authority,

the exercise of the compulsory acquisition function requires the

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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.

(8)

In this section “compulsory acquisition function” means the function

of acquiring land compulsorily under an authorisation under section

17(3).”

Duties with respect to buildings acquired for housing purposes

(1)

Section 18 is amended in accordance with this paragraph.

(2)

In subsection (1), after “local housing authority” insert “, a combined

authority or CCA, or a two-tier county council that is a strategic authority”.

(3)

In subsection (1), after “local housing authority” insert “, a combined

authority or CCA, or a two-tier county council that is a strategic authority”.

Interpretation

In section 56 (minor definitions), in subsection (1)—

(a)

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;

“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,

(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;”;

(b)

at the appropriate place insert—

““mayoral CCA” has the same meaning as in the Levelling-up

and Regeneration Act 2023 (see section 57 of that Act);

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“mayoral combined authority” has the same meaning as in the

Local Democracy, Economic Development and Construction

Act 2009 (see section 120 of that Act);”;

(c)

at the appropriate place insert—

““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);”;

(d)

at the appropriate place insert—

““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 2025.”.

In section 57 (index of defined expressions)—

(a)

at the appropriate place insert—

“CCA

section 56

combined authority

section 56”;

(b)

at the appropriate place insert—

“constituent council

section 56”;

(c)

at the appropriate place insert—

“mayoral CCA

section 56

mayoral combined authority

section 56”;

(d)

at the appropriate place insert—

“non-mayoral CCA

section 56

non-mayoral combined authority

section 56”;

(e)

at the appropriate place insert—

““two-tier county council that is a strategic authority”

section 56”.

Page 189

Schedule 17

Section 36

Mayoral development corporations

Part 1

Amendment of the Localism Act 2011

Introduction

The Localism Act 2011 is amended in accordance with this Part of this

Schedule.

Part 8

In the heading of Part 8, after “London” insert “and areas of other mayoral

strategic authorities”

Interpretation

In section 196—

(a)

before the definition of “the Mayor” 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;

“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,

(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;”;

(b)

for the definition of “the Mayor” substitute—

““the Mayor” means—

(a)

the Mayor of London,

(b)

the mayor for the area of a combined authority, or

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(c)

the mayor for the area of a CCA;”;

(c)

after the definition of “MDC” insert—

““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;”.

Designation of Mayoral development areas

(1)

Section 197 is amended in accordance with this paragraph.

(2)

In subsection (1), for “Greater London” substitute “a strategic authority

area”.

(3)

In subsection (3), in the words before paragraph (a), for “the Mayor”

substitute “the Mayor of London”.

(4)

After subsection (5) insert—

“(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)

the Mayor has consulted the persons specified by subsection

(5B) and, if applicable, subsection (5C) ,

(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,

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(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)

For the purposes of subsection (5A) (f) the combined authority or

CCA approves a proposal if it resolves to do so on a motion

considered at a meeting of the combined authority or CCA

throughout which members of the public are entitled to be present.”

Exclusion of land from Mayoral development areas

(1)

Section 199 is amended in accordance with this paragraph.

(2)

In subsection (2), for “the Mayor” substitute “the Mayor of London”.

(3)

After subsection (2) insert—

“(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.”

Transfers of property etc to a Mayoral development corporation

(1)

Section 200 is amended in accordance with this paragraph.

(2)

In subsection (1), for “a person within subsection (3)” substitute “an eligible

transferor”.

(3)

After subsection (1) insert—

“(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).

Page 192

(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).”.

(4)

In subsection (3)—

(a)

omit paragraphs (a) and (b);

(b)

in paragraphs (d) and (e), for “Greater London” substitute “the

strategic authority area”;

(c)

omit paragraph (k).

(5)

In subsection (4), for “liabilities of—” substitute “liabilities of an eligible

transferee.

“(4A)

In the case of an MDC for an area in Greater London, “eligible

transferee” means—”.

(6)

Before subsection (5) insert—

“(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.”

(7)

In subsection (9), after “(4)(c)” insert “or (4A) (b) ”.

Functions in relation to Town and Country Planning

(1)

Section 202 is amended in accordance with this paragraph.

(2)

In subsection (7), for “the Mayor” substitute “the Mayor of London”.

(3)

After subsection (7) insert—

“(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)

the Mayor has consulted the persons specified by section

197 (5B) and, if applicable, section 197 (5C) , in relation to the

area,

(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

Page 193

accept, the Mayor has published a statement giving the

reasons for the non-acceptance.”

Arrangements for discharge of, or assistance with, planning functions

In section 203, in subsections (1) and (4), after “City of London” insert “,

or a county council or district council”.

Acquisition of land

(1)

Section 207 is amended in accordance with this paragraph.

(2)

In subsection (2), for “Greater London” substitute “the strategic authority

area”.

(3)

For subsection (3) substitute—

“(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.”

Powers in relation to discretionary relief from non-domestic rates

(1)

Section 214 is amended in accordance with this paragraph.

(2)

In subsection (4), for “the Mayor” substitute “the Mayor of London”.

(3)

After subsection (4) insert—

“(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)

the Mayor has consulted the persons specified by section

197 (5B) and, if applicable, section 197 (5C) , in relation to the

area,

(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.”

Transfers of property, rights and liabilities

(1)

Section 216 is amended in accordance with this paragraph.

Page 194

(2)

For subsection (2) substitute—

“(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.”

(3)

In subsection (4), in the definition of “permitted recipient”—

(a)

after ““permitted recipient”” insert “, in relation to an MDC for an

area in Greater London,”;

(b)

after paragraph (f) insert—

“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;”

Miscellaneous provisions

After section 217 insert—

“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

Page 195

MDA 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;

“MDA outside London” means an MDC for an area in the area

of a combined authority or CCA.”

Schedule 21

Schedule 21 is amended in accordance with paragraphs 14 to 18 .

(1)

Paragraph 1 (membership) is amended in accordance with this paragraph.

(2)

In sub-paragraph (1)—

(a)

for “A Mayoral development corporation (“MDC”)” substitute “An

MDC for an area in Greater London”;

(b)

omit “(“the Mayor”)”.

(3)

In sub-paragraph (2), for “The Mayor” substitute “The Mayor of London”.

(4)

After sub-paragraph (3) insert—

“(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”.

Page 196

In paragraph 10 (annual report), in sub-paragraph (1)(c), after “and” insert

“, in the case of an MDC for an area in London,”.

Part 2

Amendment of other legislation

Channel Tunnel Rail Link Act 1996

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”.

Greater London Authority Act 1999

(1)

The Greater London Authority Act 1999 is amended in accordance with

this paragraph.

(2)

In section 31 (limits of the general power), in subsection (1A), after “Mayoral

development corporation” insert “for an area in Greater London”.

(3)

In section 38 (delegation), in subsection (2)(da), after “Mayoral development

corporation” insert “for an area in Greater London”.

(4)

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”.

(5)

In section 68 (disqualification and political restriction), in subsection (6)(aa),

after “Mayoral development corporation” insert “for an area in Greater

London”.

(6)

In section 403B (acquisition of land by MDC and TfL for shared purposes),

after subsection (9) insert—

“(10)

In this section “Mayoral development corporation” means a Mayoral

development corporation for an area in Greater London.”

(7)

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”.

Local Government Act 2003

In the Local Government Act 2003, after section 32A (inserted by section

39 of this Act) insert—

“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.

Page 197

(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.”

Planning and Compulsory Purchase Act 2004

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”.

Crossrail Act 2008

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”.

Page 198

Schedule 18

Section 37

Assessment of economic conditions

(1)

Part 4 of LDEDCA 2009 (local authority economic assessments) is amended

in accordance with this Schedule.

(2)

In the heading of Part 4, after “local authority” insert “and strategic

authority”.

(3)

Section 69 (local authority economic assessments) is amended as follows.

(4)

In the heading, after “local authority” insert “and strategic authority”.

(5)

In subsections (1) and (2), for “principal local authority” substitute “relevant

authority”.

(6)

In subsection (3)—

(a)

in the words before paragraph (a), for “principal local authority”

substitute “relevant authority”;

(b)

after paragraph (e) insert—

“(f)

a combined authority;

(g)

a combined county authority.”.

(7)

In subsections (4) and (5), for “principal local authority” substitute “relevant

authority”.

(8)

After subsection (5) insert—

“(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.”

(9)

In subsection (6), for “principal local authority” substitute “relevant

authority”.

(10)

In subsection (7)(a), after “local government” insert “(including combined

authorities and combined county authorities)”.

Page 199

(11)

After subsection (7) insert—

“(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.”

(12)

For subsection (8), substitute—

“(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,

(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.”.

Page 200

Schedule 19

Section 38

Local growth plans

(1)

After section 107K of LDEDCA 2009 insert—

“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) ;

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(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.”

(2)

After section 107M of LDEDCA 2009 (as inserted by sub-paragraph (1)

) insert—

“107N

Public bodies: duty to have regard to shared local growth priorities

(1)

A relevant non-departmental public body must have regard to a

shared local growth priority of a mayoral combined authority

when—

(a)

exercising, at the request of the authority, 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 that

priority.

(2)

A “relevant non-departmental public body” means a

non-departmental public body specified in regulations made by the

Secretary of State.

(3)

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;

“non-departmental public body” means any public authority

other than—

(a)

a Minister of the Crown or government department;

(b)

the Welsh Ministers;

(c)

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;

“shared local growth priorities” has the meaning given by

section 107L (2) (b) ;

“statutory plan or strategy” means a plan or strategy that a

non-departmental public body is required by an enactment

to issue or publish.

(4)

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.”

Page 202

(3)

After section 32 of LURA 2023 insert—

“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.”

Page 203

(4)

After section 32B of LURA 2023 (as inserted by sub-paragraph (3) ) insert—

“32C

Public bodies: duty to have regard to shared local growth priorities

(1)

A relevant non-departmental public body 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)

A “relevant non-departmental public body” means a

non-departmental public body specified in regulations made by the

Secretary of State.

(3)

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;

“non-departmental public body” means any public authority

other than—

(a)

a Minister of the Crown or government department;

(b)

the Welsh Ministers;

(c)

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;

“shared local growth priorities” has the meaning given by

section 32A (2) (b) ;

“statutory plan or strategy” means a plan or strategy that a

non-departmental public body is required by an enactment

to issue or publish.

(4)

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.”

(5)

After section 333F of the Greater London Authority Act 1999 insert—

“333G

Public bodies: duty to have regard to shared local growth priorities

for London

(1)

A relevant non-departmental public body must have regard to a

shared local growth priority for Greater London when—

Page 204

(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)

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 of London.

(3)

A “relevant non-departmental public body” means a

non-departmental public body 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;

“non-departmental public body” means any public authority

other than—

(a)

a Minister of the Crown or government department;

(b)

the Welsh Ministers;

(c)

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

person 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.”

(6)

In section 420 (regulations and orders), in subsection (7), in the appropriate

place, insert “section 333G;”.

Page 205

Schedule 20

Section 42

Miscellaneous local authority functions

Placing of staff of local authorities at disposal of other local authorities

In section 113 of LGA 1972, after subsection (4) insert—

“(5)

In this section “local authority” includes the Greater London

Authority, a combined authority and a combined county authority.”

Provision of information, etc, relating to matters affecting local government

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”.

Power of local authorities to prosecute or defend legal proceedings

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”.

Research and collection of information

(1)

Section 88 of LGA 1985 is amended in accordance with this paragraph.

(2)

After subsection (13A) insert—

“(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”.”

(3)

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;”.

Page 206

Schedule 21

Section 45

Functions of police and crime commissioners

This is Schedule 10A to be inserted after Schedule 10 to PRSRA 2011—

“Schedule 10A

Section 76A

Exercise of PCC functions by elected mayors

Part 1

Interpretation

In this Schedule—

“the Area” , in relation the Mayor, means the area in relation

to which the Mayor is to exercise functions of a police

and crime commissioner;

“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,

(b)

section 33 (1A) of the Levelling-up and Regeneration

Act 2023;

Page 207

“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)

the order under section 107F (5) (a) of the Local

Democracy, Economic Development and

Construction Act 2009, or

(b)

the regulations under section 33 (5) (a) of the

Levelling-up and Regeneration Act 2023,

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

(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.

Page 208

Part 3

The Mayor’s PCC functions

(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)

In their application to the Mayor, a police and crime commissioner

enactment set out in Part 4 or 5 of this Schedule applies with the

modifications set out in that Part.

(4)

Sub-paragraph (1) does not apply to the enactments set out in

Part 6 of this Schedule.

(5)

Sub-paragraph (1) is subject to regulations made under Part 7 of

the Schedule (which enables regulations to modify or disapply

police and crime commissioner enactments not contained in Acts).

(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

The following police and crime commissioner enactments

contained in this Act have effect subject to the following

modifications.

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.

Section 7(7) (police and crime plans) has effect as if—

Page 209

(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”.

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”.

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.”;

(d)

in subsection (7)—

Page 210

(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.”.

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.”.

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”.

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,

Page 211

(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,

(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”.

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.”.

Section 31(3) (conduct) has effect as if for paragraphs (b) to (d)

there were substituted—

“(b)

deputy mayor for policing and crime.”.

Page 212

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.

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.

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(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.”

Section 64 has effect as if 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.”.

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.”.

Section 70 (declaration of acceptance of office of police and crime

commissioner) has effect as if—

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(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.”

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”;

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(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

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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.”.

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.”;

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(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”.

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”;

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(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.”.

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.”

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

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(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

(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

(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

(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

(1)

The Local Government (Miscellaneous Provisions) Act 1976 is

modified as follows.

Page 220

(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

renumeration 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

(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

(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

(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—

Page 221

(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

(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”;

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(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

(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

Page 223

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;

(A)

omit sub-paragraph (ii);

(d)

in subsection (8), in the definition of “relevant authority”

omit “an elected local policing body”.

(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

(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”;

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(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

(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

(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

(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”;

Page 225

(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

(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

(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

(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

(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

Page 226

(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

Section 28 of the Leasehold Reform Act 1967 (retention or

resumption of land required for public purposes).

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).

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.).

Section 14(1)(caa) of the Rent Act 1977 (landlord’s interest

belonging to local authority, etc.).

Sections 95, 96A, 97 and 98 of the Local Government, Planning

and Land Act 1980 (land held by public bodies).

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.

Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the

People Act 1983 (alteration of registers).

Section 60 of the County Courts Act 1984 (right of audience).

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);

Page 227

(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).

Section 38 of the Landlord and Tenant Act 1985 (minor

definitions).

Section 7 of the Local Government Act 1986 (transfer requires

mortgagor’s consent).

Section 58 of the Landlord and Tenant Act 1987 (exempt landlords

and resident landlords).

Sections 111, 113, 114 and 114A of the Local Government Finance

Act 1988 (financial administration).

Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988

(tenancies which cannot be assured tenancies).

Section 39 of the Local Government Finance Act 1992 (precepting

and precepted authorities).

Section 33 of the Value Added Tax Act 1994 (refunds of VAT in

certain cases).

Section 94 of the Police Act 1996 (financing of new police and

crime commissioners).

Paragraph 57 of Schedule 1 to the Freedom of Information Act

2000 (public authorities).

Sections 21 and 22 of the Local Government Act 2003 (accounts).

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).

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);

Page 228

(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).

Paragraph 19 of Schedule 2 to the Local Audit and Accountability

Act 2014 (relevant authorities).

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

(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

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

Page 229

months) of the Police Reform and Social

Responsibility Act 2011,”.”

Schedule 22

Section 46

Fire and rescue authorities

Part 1

Amendment of FRSA 2004

Introduction

FRSA 2004 is amended in accordance with this Part of this Schedule.

Power to create combined fire and rescue authorities

(1)

Section 2 is amended in accordance with this paragraph.

(2)

In subsection (2) for “only if it appears” substitute “only if condition A or

B is met.

“(2A)

Condition A : it appears”.

(3)

After subsection (2A) (created by sub-paragraph (2) above) insert—

“(2B)

Condition B : the scheme is made in connection with the transfer of

fire and rescue functions to a mayoral combined authority or

mayoral CCA.

(2C)

Subsections (3) to (5), (8)(a), (9)(a), (c) and (d) do not apply to a

scheme made where condition B is met.”

(4)

After subsection (9) insert—

“(9A)

Subsections (6), (8)(b), (9)(b), (c) and (d) do not apply to a scheme

which is varied in connection with the transfer of fire and rescue

functions to a mayoral combined authority or mayoral CCA.”

(5)

After subsection (11) insert—

“(12)

This section is subject to section 1 (2A) .

(13)

For the purposes of this section, a scheme is made or varied “in

connection with the transfer of fire and rescue functions to a mayoral

combined authority or mayoral CCA” if—

(a)

the areas concerned are all in England, and

(b)

the Secretary of State’s purpose in making or varying the

scheme is to—

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(i)

cause a mayoral combined authority or mayoral CCA

to meet the eligibility condition (see section 1A ) in

relation to the combined area, and

(ii)

enable the Secretary of State to specify a transfer time

(see section 1A (5) (a) ) in relation to that mayoral

combined authority or mayoral CCA and combined

area that will result in that authority or CCA

becoming the fire and rescue authority for that area.”

Combined authorities under the Fire Services Act 1947

In section 4, after subsection (7) insert—

“(8)

Subsections (5) to (7) do not apply to a scheme which is varied in

connection with the transfer of fire and rescue functions to a mayoral

combined authority or mayoral CCA (which has the same meaning

as in section 2 — see subsection (13) of that section).

(9)

This section is subject to section 1 (2A) .”

Provision about mayoral combined authorities or CCAs that are fire and rescue authorities

(1)

In section 1 (fire and rescue authorities), after subsection (2B) (inserted by

section 46 of this Act) insert—

“(2C)

Schedule ZA1 makes provision about mayoral combined authorities

or CCAs that are fire and rescue authorities.”

(2)

Before Schedule A1 insert—

“Schedule ZA1

Section 1

Mayoral combined authorities or CCAs as fire and rescue

authorities

Interpretation

(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;

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“FRA’s mayor” means the mayor for the area of a mayoral

FRA;

“mayoral FRA” means a mayoral combined authority or

mayoral CCA which is a fire and rescue authority by

virtue of section 1(2) (f) ;

“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;

“relevant scrutiny body” , in relation to a mayoral FRA, has

the meaning determined in accordance with

sub-paragraphs (2) to (5) .

(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)

But sub-paragraphs (2) and (3) do not apply in a case where—

(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)

In that case, the “relevant scrutiny body” is the police and crime

panel for that area (see, in particular, section 28 of the Police

Reform and Social Responsibility Act 2011 has it has effect in

accordance with paragraph 10 of Schedule 10A to that Act).

Oversight of the community risk management plan

(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;

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(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)

consider the priorities and objectives sent to it in

accordance with sub-paragraph (2) (b) , and

(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

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

(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.

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(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

(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

(d)

publish the response given under paragraph (b) , and any

notification given under paragraph (c) —

(i)

in such manner as is required by the relevant

scrutiny body; and

(ii)

in any event, in a prominent place on the website

of the mayoral combined authority or mayoral

CCA.”

Part 2

Amendments of other legislation

Local Government Act 1972

In section 38 LGA 1972 (powers of principal councils with respect to

emergencies or disaster)—

(a)

in subsection (5), after “London Fire Commissioner” insert “and a

mayoral fire and rescue authority”;

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(b)

after subsection (5) insert—

“(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),

in its capacity as a fire and rescue authority by virtue of

section 1(2) (f) of the Fire and Rescue Services Act 2004.”

Schedule 23

Section 50

Powers to make regulations in relation to functions of strategic authorities

and mayors

Part 1

Conferral and modification of functions

Strategic authorities outside London

(1)

Regulations may make provision conferring an eligible function on the

strategic authorities within a class specified in sub-paragraph (3) .

(2)

Regulations may make provision modifying a function as it is exercisable

by the strategic authorities within a class specified in sub-paragraph (3) .

(3)

These are the classes referred to in sub-paragraphs (1) and (2) —

(a)

the single foundation strategic authorities;

(b)

the single foundation strategic authorities that are district councils;

(c)

the single foundation strategic authorities that are county councils;

(d)

the combined foundation strategic authorities;

(e)

the mayoral strategic authorities other than the established mayoral

strategic authorities;

(f)

the established mayoral strategic authorities other than the GLA.

(4)

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.

(5)

See also section 18 of the Cities and Local Government Devolution Act

2016 (devolving health service functions) which contains further limitations.

Page 235

(6)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the affected strategic authorities;

(b)

the mayors of any of the affected strategic authorities that are

mayoral strategic authorities;

(c)

the constituent councils of any affected strategic authorities that are

combined authorities or CCAs;

(d)

any other person who exercises the function to which the regulations

relate;

(e)

any other persons that the Secretary of State considers it appropriate

to consult.

(7)

In this paragraph “affected strategic authorities” means the strategic

authorities—

(a)

on which a function would be conferred by regulations under

sub-paragraph (1) , or

(b)

whose exercise of a function would be affected by regulations under

sub-paragraph (2) .

Mayors outside London

(1)

Regulations may make provision conferring an eligible function on the

mayors within a class specified sub-paragraph (3) .

(2)

Regulations may make provisions modifying a function as it is exercisable

by the mayors within a class specified in sub-paragraph (3) .

(3)

These are the classes referred to in sub-paragraphs (1) and (2) —

(a)

mayors for the areas of mayoral strategic authorities other than the

established mayoral strategic authorities;

(b)

mayors for the areas of established mayoral strategic authorities

other than the Mayor of London.

(4)

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.

(5)

See also section 18 of the Cities and Local Government Devolution Act

2016 (devolving health service functions) which contains further limitations.

(6)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the affected mayors;

(b)

the strategic authorities for whose areas the affected mayors are the

mayor;

(c)

the constituent councils of those strategic authorities;

(d)

any other person who exercises the function to which the regulations

relate;

Page 236

(e)

any other persons that the Secretary of State considers it appropriate

to consult.

(7)

In this paragraph “affected mayors” means the mayors—

(a)

on which a function would be conferred by regulations under

sub-paragraph (1) , or

(b)

whose exercise of a function would be affected by regulations under

sub-paragraph (2) .

GLA

(1)

Regulations may make provision conferring an eligible function on the

GLA, the Mayor of London or a GLA functional body.

(2)

Regulations may make provision modifying a function as it is exercisable

by the GLA, the Mayor of London or a GLA functional body.

(3)

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.

(4)

See also section 18 of the Cities and Local Government Devolution Act

2016 (devolving health service functions) which contains further limitations.

(5)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the Mayor of London,

(b)

the London Assembly,

(c)

in the case of regulations conferring a function on, or modifying a

function of, a GLA functional body, that functional body;

(d)

the London Borough councils;

(e)

the Common Council of the City of London;

(f)

any other person who exercises the function to which the regulations

relate;

(g)

any other persons that the Secretary of State considers it appropriate

to consult.

Interpretation

In this Part of this Schedule—

“eligible function” means a function which—

(a)

is a function of a public authority, and

(b)

relates to any aspect of any area of competence;

“function” —

(a)

includes a power to make byelaws;

(b)

but does not include a power to make any other instruments

of a legislative character (including regulations);

Page 237

“public authority” includes a Minister of the Crown or a government

department.

Part 2

Movement of functions between mayors and strategic authorities

Functions moving from strategic authorities to mayors outside London

(1)

Regulations may provide for a function of—

(a)

the mayoral strategic authorities other than the established mayoral

strategic authorities, or

(b)

the established mayoral strategic authorities other than the GLA,

to be exercisable by the mayors for the areas of those authorities.

(2)

Regulations under this paragraph may provide for the function to be

exercisable by the mayors—

(a)

solely;

(b)

concurrently or jointly with another person by which the function

is already exercisable.

(3)

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.

(4)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the affected strategic authorities;

(b)

the mayors of the affected strategic authorities;

(c)

the constituent councils of the affected strategic authorities;

(d)

any other person who exercises the function to which the regulations

relate, if their power to exercise it would be affected by the

regulations;

(e)

any other persons that the Secretary of State considers it appropriate

to consult.

(5)

In this paragraph “affected strategic authorities” means the strategic

authorities to whose function regulations under this paragraph relate.

Functions moving from mayors to strategic authorities outside London

(1)

Regulations may provide for a function of the mayors for the areas of —

(a)

the mayoral strategic authorities other than the established mayoral

strategic authorities, or

(b)

the established mayoral strategic authorities other than the Mayor

of London,

to be exercisable by those authorities.

Page 238

(2)

Regulations under this paragraph may provide for the function to be

exercisable by the authorities—

(a)

solely;

(b)

concurrently or jointly with another person by which the function

is already exercisable.

(3)

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.

(4)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the affected mayors;

(b)

the strategic authorities for whose areas the affected mayors are the

mayor;

(c)

the constituent councils of those strategic authorities;

(d)

any other person who exercises the function to which the regulations

relate;

(e)

any other persons that the Secretary of State considers it appropriate

to consult.

(5)

In this paragraph “affected mayors” means the mayors to whose function

regulations under this paragraph relate.

GLA functions

(1)

Regulations may provide for a function of any of the following (the “current

GLA holder”)—

(a)

the GLA;

(b)

the Mayor of London;

(c)

a GLA functional body;

to be exercisable by another of them (the “new GLA holder”).

(2)

Regulations under this paragraph may provide for the function to be

exercisable by the new GLA holder—

(a)

solely;

(b)

concurrently or jointly with another person by which the function

is already exercisable.

(3)

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.

(4)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the Mayor of London;

(b)

the London Assembly;

(c)

in a case where the current GLA holder or new GLA holder is a

GLA functional body, that functional body;

Page 239

(d)

the London Borough councils;

(e)

the Common Council of the City of London;

(f)

any other person who exercises the function to which the regulations

relate, if their power to exercise it would be affected by the

regulations;

(g)

any other persons that the Secretary of State considers it appropriate

to consult.

Part 3

Exercise of functions

Strategic authorities outside London

(1)

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)—

(a)

the single foundation strategic authorities;

(b)

the single foundation strategic authorities that are district councils;

(c)

the single foundation strategic authorities that are county councils;

(d)

the combined foundation strategic authorities;

(e)

the mayoral strategic authorities other than the established mayoral

strategic authorities;

(f)

the established mayoral strategic authorities other than the GLA.

(2)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the affected strategic authorities;

(b)

the constituent councils of any affected strategic authorities that are

combined authorities or CCAs;

(c)

any other person who exercises the function to which the regulations

relate, if their power to exercise it would be affected by the

regulations;

(d)

any other persons that the Secretary of State considers it appropriate

to consult.

(3)

In this paragraph “affected strategic authorities” means the strategic

authorities to whose function regulations under this paragraph relate.

Mayors outside London

(1)

Regulations may make provision about the exercise of a function by the

mayors of any of these classes of strategic authorities—

(a)

the mayoral strategic authorities other than the established mayoral

strategic authorities;

(b)

the established mayoral strategic authorities other than the GLA.

Page 240

(2)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the affected mayors;

(b)

the strategic authorities for whose areas the affected mayors are the

mayor;

(c)

the constituent councils of those strategic authorities;

(d)

any other person who exercises the function to which the regulations

relate, if their power to exercise it would be affected by the

regulations;

(e)

any other persons that the Secretary of State considers it appropriate

to consult.

(3)

In this paragraph “affected mayors” means the mayors to whose function

regulations under this paragraph relate.

London

(1)

Regulations may make provision about the exercise of a function by—

(a)

the GLA,

(b)

the Mayor of London, or

(c)

a GLA functional body,

except for provision about voting on decisions to exercise the function.

(2)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the Mayor of London;

(b)

the London Assembly;

(c)

in the case of a function of a GLA functional body, that functional

body;

(d)

the London Borough councils;

(e)

the Common Council of the City of London;

(f)

any other person who exercises the function to which the regulations

relate, if their power to exercise it would be affected by the

regulations;

(g)

any other persons that the Secretary of State considers it appropriate

to consult.

Particular provision

(1)

The provision that may be made under this Part of this Schedule includes

provision for—

(a)

consent to be obtained before the function can be exercised;

(b)

consultation to take place before the function can be exercised;

(c)

conditions to be met before the function can be exercised;

(d)

the function to be exercisable subject to conditions or limitations

specified in the regulations;

Page 241

(e)

a function to be exercisable—

(i)

solely;

(ii)

concurrently or jointly with another person by which the

function is already exercisable;

(f)

joint working arrangements in connection with the function (for

example, provision for the function to be exercised by a joint

committee).

(2)

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.

Part 4

Voting on decisions

Strategic authorities outside London

(1)

Regulations may make provision about voting, by any of these classes of

strategic authorities, on decisions to exercise a particular function—

(a)

the combined foundation strategic authorities;

(b)

the mayoral strategic authorities other than the established mayoral

strategic authorities;

(c)

the established mayoral strategic authorities other than the GLA.

(2)

The provision that may be made under this paragraph includes provision

for—

(a)

a decision to be made by a CCA or CCAs otherwise than in

accordance with section 13A of LURA 2023;

(b)

a decision to be made by a combined authority or combined

authorities otherwise than in accordance with section 104CA of

LDEDCA 2009;

(c)

a decision to require a particular kind of majority (including a

majority which includes a vote or votes of a particular kind of

person).

(3)

Before making regulations under this paragraph the Secretary must consult

the following—

(a)

the affected strategic authorities;

(b)

the constituent councils of any affected strategic authorities that are

combined authorities or CCAs;

(c)

any other person who exercises the function to which the regulations

relate, if their power to exercise it would be affected by the

regulations;

(d)

any other persons that the Secretary of State considers it appropriate

to consult.

Page 242

(4)

In this paragraph “affected strategic authorities” means the strategic

authorities to whose decision-making regulations under this paragraph

relate.

Part 5

Particular provision that may or may not be made by regulations

Consequential abolition of public body

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.

Prohibition of self-regulation

(1)

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.

(2)

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.

References to documents

(1)

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).

(2)

If it appears to the Secretary of State necessary or expedient for the reference

to the document to be construed—

(a)

as a reference to that document as amended from time to time, or

(b)

as including a reference to a subsequent document that replaces

that document,

the regulations may make express provision to that effect.

Functions which cannot be exercised by all strategic authorities or mayors in a class

(1)

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”).

Page 243

(2)

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.

(3)

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.

Amendment of legislation

Regulations under this Schedule may amend, apply (with or without

modifications), disapply, repeal or revoke any legislation whenever passed

or made.

Part 6

Pilot schemes

Power to establish pilot scheme

(1)

Regulations may make permitted provision for a period specified in the

regulations (the “piloting period”).

(2)

The piloting period must initially be a period of three years or shorter.

(3)

But—

(a)

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);

(b)

a pilot scheme may be replaced by a further pilot scheme making

the same or similar provision.

Consent to pilot scheme

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.

Pilot scheme for some strategic authorities or mayors in a class

(1)

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”).

(2)

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).

(3)

For that purpose—

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(a)

where the relevant class consists of combined authorities and CCAs,

the constituent councils of those authorities are “linked to” those

authorities;

(b)

where the relevant class consists of mayoral strategic authorities,

the mayors for the areas of those authorities are “linked to” those

authorities;

(c)

where the relevant class consists of the mayors of combined

authorities and CCAs, those authorities are “linked to” those mayors.

Impact report

(1)

A pilot scheme must include provision requiring the or each strategic

authority, mayor or GLA functional body to which the pilot scheme

relates—

(a)

to produce an impact report, and

(b)

to provide it to the Secretary of State.

(2)

The pilot scheme must specify when the impact report is to be provided

to the Secretary of State.

(3)

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.

(4)

An impact report may include a request for the Secretary of State to extend

the piloting period by regulations under paragraph 18 (3) (a) .

Response to a pilot scheme

(1)

This paragraph applies if the time for producing the impact report in

relation to a pilot scheme has passed.

(2)

The Secretary of State must decide whether the pilot scheme has been

successful.

(3)

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”)—

(a)

regulations under any other Part of this Schedule;

(b)

an order under Chapter 2 of Part 6 of LDEDCA 2009;

(c)

regulations under Chapter 1 of Part of LURA 2023;

(d)

regulations under section 16 of the Cities and Local Government

Devolution Act 2016.

(4)

In making those decisions, the Secretary of State must—

(a)

take into account any impact report or reports produced in relation

to the pilot scheme;

(b)

consult—

Page 245

(i)

the or each strategic authority, mayor or GLA functional

body to which the pilot scheme relates,

(ii)

each strategic authority, mayor and GLA functional body to

which the resulting secondary legislation would relate (if it

were made), and

(iii)

any other person which the Secretary of State considers it

appropriate to consult.

Interpretation

(1)

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 ;

“piloting period” has the meaning given in paragraph 18 (1) ;

“successful” has the meaning given in sub-paragraph (2) .

(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.

Part 7

Making of regulations

Powers to be exercisable by the Secretary of State

In this Schedule “regulations” means regulations made by the Secretary of

State.

Parliamentary scrutiny

(1)

Regulations under paragraph 18 (3) (a) are subject to negative resolution

procedure.

(2)

Any other regulations under this Schedule are subject to affirmative

resolution procedure.

Schedule 24

Section 55

Arrangement relating to single tiers of local government

Merger of single tiers of local government etc

(1)

The Local Government and Public Involvement in Health Act 2007 is

amended as follows.

Page 246

(2)

After section 2 insert—

“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.

(3)

In section 3 (invitations, directions and proposals: supplementary)—

(a)

for subsection (1) substitute—

“(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.”;

(b)

in subsection (2), after “2” insert “or 2A”;

(c)

in subsection (3), after “2” insert “or 2A”;

(d)

in subsection (5)—

(i)

after “2” insert “or 2A”;

(ii)

for “that section” substitute “either of those sections”;

(e)

in subsection (6), after “2” insert “or 2A”;

(f)

in subsection (7), after “2” insert “or 2A”;

(g)

omit subsection (8).

(4)

In section 4 (request for Local Government Boundary Commission’s advice),

in subsection (1), after “2” insert “or 2A”.

(5)

In section 5 (Local Government Boundary Commission’s powers)—

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(a)

in subsection (4), for the words from “the Type” to the end

substitute—

“(a)

in relation to a proposal in response to an invitation

or direction under section 2, the Type A, Type B,

Type C or combined proposal to which the request

for advice related, or

(b)

in relation to a proposal in response to an invitation

or direction under section 2A, the proposal to which

the request for advice related.”;

(b)

in subsection (5), for paragraphs (a) and (b) substitute—

“(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.”;

(c)

in subsection (6)(a), after “(4)” insert “(a)”;

(d)

after subsection (6) insert—

“(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.”

(6)

In section 7 (implementation of proposals by order)—

(a)

in subsection (1), after “2” insert “or 2A”;

(b)

in subsection (4), after “a proposal” insert “in response to an

invitation or direction under section 2”;

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(c)

after subsection (4) insert—

“(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.”

(7)

In section 11 (implementation orders: provision that may be included)—

(a)

after subsection (4)(e) insert—

“(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;”;

(b)

after subsection (7) insert—

“(8)

In this section, “combined authority” and “combined county

authority” have the same meaning as in section 11A (see

subsection (10) of that section).”

(8)

After section 11 insert—

“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—

Page 249

(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;

Page 250

“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.”

(9)

In section 240 (orders, regulations and guidance), in subsection (6), in the

opening words, after “regulations under section” insert “11A,”.

Schedule 25

Section 57

Local authority governance and executives

Requirements to have and retain leader and cabinet executive

(1)

LGA 2000 is amended in accordance with this paragraph.

(2)

In section 9B (permitted forms of governance for local authorities in

England)—

(a)

after subsection (1) insert—

“(1A)

But a new local authority must operate executive

arrangements which provide for a leader and cabinet

executive (England).”;

(b)

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 57 of the English

Devolution and Community Empowerment Act 2025 comes

into force by an order made under section 7 or 10 of the

Local Government and Public Involvement in Health Act

2007;”.

(3)

In section 9C (local authority executives), after subsection (3) insert—

“(3A)

Subsections (1) to (3) are subject to section 9B(1A) (new local

authority must have a leader and cabinet executive (England)).”

(4)

After section 9KA insert—

“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).”

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Duty to move from committee system to leader and cabinet executive (England)

(1)

The LGA 2000 is amended in accordance with this paragraph.

(2)

In section 9K LGA 2000 (changing from one form of governance to

another)—

(a)

for the heading substitute “Committee system: duty to adopt leader

and cabinet executive”;

(b)

for subsection (1) substitute—

“(A1)

This section applies to a local authority if it is operating a

committee system (unless subsection (1C) applies).

(1)

The local authority must—

(a)

cease to operate the committee system, and

(b)

start to operate a leader and cabinet executive

(England).

(1A)

The local authority must comply with that duty so that it

starts to operate a leader and cabinet executive (England)

before the end of the period of one year beginning with the

commencement day.

(1B)

Section 9L makes provision about the day and time when

the change required by this section is to take effect.

(1C)

This section does not apply to a local authority if an order

under section 7 or 10 of the Local Government and Public

Involvement in Health Act 2007 providing for the dissolution

of the local authority—

(a)

has been made before the commencement day, or

(b)

is made—

(i)

on or after commencement day, and

(ii)

before the end of the one year period

mentioned in subsection (1A) .

(1D)

In this section “commencement day” means the day on which

section 57 of the English Devolution and Community

Empowerment Act 2025 comes into force.”;

(c)

omit subsection (2).

(3)

In section 9L (implementation: change in form of governance or change in

form of executive)—

(a)

in subsection (1)(a), for “(change from one form of governance to

another)” substitute “(committee system: duty to adopt leader and

cabinet executive)”;

(b)

for subsection (4) substitute—

“(4)

If the local authority is—

(a)

ceasing to operate the committee system, and

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(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.”.

No new mayor and cabinet executives

(1)

This paragraph applies to a change to governance arrangements under

Chapter 4 of Part 1A LGA 2000 if—

(a)

under the change, the local authority would begin to operate a

mayor and cabinet executive, and

(b)

the local authority has not started to operate the mayor and cabinet

executive before this section comes into force.

(2)

The local authority—

(a)

must not cease operating the old form of governance or (as the case

may be) old form of executive, and

(b)

must not start operating the mayor and cabinet executive,

in accordance with the change to governance arrangements.

(3)

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—

(a)

cease to operate the committee system, and

(b)

start to operate a leader and cabinet executive (England).

(1)

LGA 2000 is amended as follows—

(2)

in section 9KA (executive arrangements: different form of executive)—

(a)

for the heading substitute “Mayor and cabinet executive: adoption

of leader and cabinet executive”;

(b)

for subsection (1) substitute—

“(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.”;

(c)

omit subsection (2).

(3)

in section 9KC (resolution of local authority), omit subsection (5).

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(4)

In section 9L (implementation: change in form of governance or change in

form of executive)—

(a)

in subsection (1)(b), for “(change to a different form of executive)”

substitute “(mayor and cabinet executive: adoption of leader and

cabinet executive)”;

(b)

omit subsection (5).

(5)

In section 9MC (referendum following petition)—

(a)

in subsection (1), for “relevant type of governance arrangement”

substitute “leader and cabinet executive (England)”;

(b)

omit subsection (5).

(6)

In section 9MD (referendum following direction)—

(a)

in subsection (1), for “relevant type of governance arrangements

specified in the direction” substitute “leader and cabinet executive

(England)”;

(b)

omit subsection (4).

(7)

In section 9ME (referendum following order)—

(a)

in subsection (1), for “relevant type of governance arrangements

specified in the order” substitute “leader and cabinet executive

(England)”;

(b)

omit subsection (4).

(8)

In section 9MF (further provision with respect to referendums)—

(a)

in subsection (1), omit paragraph (a);

(b)

omit subsections (2) and (3).

(9)

Omit section 9N (requiring referendum on change to mayor and cabinet

executive).

Abolition of permitted arrangements

(1)

LGA 2000 is amended in accordance with this paragraph.

(2)

In section 9B (permitted forms of governance for local authorities in

England)—

(a)

in subsection (1)(a), after “arrangements” insert “or”;

(b)

omit subsection (1)(c) (and the word “or” preceding it);

(c)

in subsection (4), omit the definition of “prescribed arrangements”.

(3)

Omit section 9BA (power of Secretary of State to prescribe additional

permitted governance arrangements).

(4)

in section 9OA (interpretation)—

(a)

omit subsection (3)(d);

(b)

in subsection (4), omit paragraph (c).

(5)

In section 9R (interpretation of Part 1A), in subsection (1), omit the definition

of “prescribed arrangements”.

Page 254

Other amendments

(1)

LGA 2000 is amended in accordance with this paragraph.

(2)

In section 9KC (resolution of local authority)—

(a)

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”;

(b)

in subsection (4), in the words before paragraph (a), for “5 years”

substitute “4 years”.

(3)

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”.

(4)

In section 9MF (further provision with respect to referendums)—

(a)

in subsection (1), in the words before paragraph (a), for “ten years”

substitute “4 years”;

(b)

in subsection (3B), for “10 years” substitute “4 years”;

(c)

in subsection (3E)(a), for “10 years” substitute “4 years”.

Abolition of committee system

(1)

LGA 2000 is amended in accordance with this paragraph.

(2)

In section 9B (permitted forms of governance for local authorities in

England)—

(a)

for the heading substitute “Local authorities in England must operate

executive arrangements”;

(b)

for subsection (1) substitute—

“(1)

A local authority must operate executive arrangements.”;

(c)

omit subsection (3);

(d)

in subsection (4), omit the definition of “committee system”.

(3)

In section 9D (functions which are the responsibility of an executive)—

(a)

in subsection (1) omit “that operates executive arrangements”;

(b)

in subsection (5) omit “that operates executive arrangements”.

(4)

Omit Chapter 3 of Part 1A (the committee system).

(5)

Omit section 9K (committee system: duty to adopt leader and cabinet

executive).

(6)

In section 9KC (resolution of local authority)—

(a)

in subsection (3), omit paragraph (a);

(b)

in subsection (4A)(a)—

(i)

omit paragraph (i);

(ii)

in paragraph (ii), for “mayor” substitute “leader”.

Page 255

(7)

In section 9L (implementation: change in form of governance or change in

form of executive)—

(a)

in the heading, omit “change in form of governance or”;

(b)

in subsection (1), omit paragraph (a);

(c)

in subsection (2)—

(i)

in paragraph (a), omit “old form of governance or (as the

case may be)”;

(ii)

in paragraph (b), omit “form of governance or (as the case

may be)”;

(d)

omit subsection (4).

(8)

In section 9M (cases in which change is subject to approval in a referendum

in accordance with sections 9MA and 9MB), in subsection (2)—

(a)

in paragraph (a), omit paragraph (i);

(b)

in paragraph (b), omit “existing form of governance or”.

(9)

In section 9MA (referendum: proposals by local authority)—

(a)

in subsection (4), omit paragraph (a);

(b)

in subsection (5), omit “If the proposed change in governance

arrangements would result in the local authority having executive

arrangements,”.

(10)

In section 9MF (further provision with respect to referendums), in subsection

(3A)—

(a)

omit paragraph (a);

(b)

in paragraph (b), for “mayor” substitute “leader”.

(11)

In section 9NC (transfer of functions: changes in governance arrangements

not subject to a referendum), in subsection (8), in the definition of “relevant

change in governance arrangements”, omit paragraph (a).

(12)

In section 9OA (interpretation)—

(a)

in subsection (2), for “9K to” substitute “9KA and”;

(b)

in subsection (3), omit paragraph (c);

(c)

in subsection (4), omit paragraph (b).

(13)

In section 9P (local authority constitution), omit subsection (2).

(14)

In section 9R (interpretation of Part 1A), in subsection (1)—

(a)

omit the definition of “committee system”;

(b)

omit the definition of “committee system local authority”.

Page 256

Schedule 26

Section 59

Mayors and PCCs: supplementary vote system

Elections for the Mayor of London

The Greater London Authority Act 1999 is amended as follows.

(1)

In section 4 (voting at ordinary elections)—

(a)

in subsection (1) (a) , after “vote” insert “(referred to in this Part as

a mayoral vote)”;

(b)

in subsection (2) , after “system,” insert “, unless there are three or

more candidates”;

(c)

after subsection (2) insert—

“(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.”

(2)

In section 16 (filling a vacancy)—

(a)

in subsection (3) , after “one” insert “mayoral”;

(b)

for subsection (4) substitute—

“(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.”

(3)

In section 29 (interpretation of Part 1), in the appropriate place insert—

““mayoral vote” has the meaning given by section 4(1)(a) (as read with

subsection (3) of that section);”.

(4)

In Schedule 2 (voting at elections), before Part 2 insert—

Part 1

Election of the Mayor

Application

This Part of this Schedule applies where there are three or more

candidates to be the Mayor.

First preference vote and second preference vote

In this Schedule—

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“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

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

(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.”

(5)

In section 165 of the Representation of the People Act 1983 (avoidance of

election for employing corrupt agent) , after subsection (3) insert—

“(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

Page 258

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.”

Elections for police and crime commissioners

The Police Reform and Social Responsibility Act 2011 is amended as follows.

In section 57 (voting at elections of police and crime commissioners)—

(a)

in subsection (2) , after “system” insert “, unless there are three or

more candidates”;

(b)

after subsection (2) insert—

“(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.”

After Schedule 8 insert—

“Schedule 9

section 57

Supplementary vote system

Application

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

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

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.

Page 259

No candidate with overall majority of first preference votes

(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.”

Elections for local authority mayors in England

The Local Government Act 2000 is amended as follows.

In section 9HC (voting at elections of elected mayors)—

(a)

in subsection (1), for “which may be given for a candidate to be the

elected mayor” substitute “(a “mayoral vote”)”;

(b)

in subsection (2) , after “system” insert “unless there are three or

more candidates”;

(c)

after subsection (2) insert—

“(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

Page 260

(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”.

In section 9R (interpretation of Part 1A), in the appropriate place insert—

““mayoral vote” has the meaning given by section 9HC(1) (as read with

subsection (3) of that section),”.

After Schedule 1 insert—

“Schedule 1A

section 9HC

Election of elected mayor (England)

Application

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

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

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

(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.

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(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)”.

Elections for mayors of combined authorities

Schedule 5B to LDEDCA 2009 (mayors for combined authorities: further

provision) is amended as follows.

In paragraph 4 —

(a)

in sub-paragraph (1) , for “which may be given for a candidate to

be the mayor” substitute “(a “mayoral vote”)”;

(b)

in sub-paragraph (2) , after “system” insert “unless there are three

or more candidates”;

(c)

after sub-paragraph (2) insert—

“(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.”

After paragraph 4 insert—

“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;

Page 262

“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 —

(a)

in sub-paragraph (2) , after “one” insert “mayoral”;

(b)

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).”

Elections for mayors of combined county authorities

Schedule 2 to the Levelling-up and Regeneration Act 2023 (mayors for

combined county authority areas: further provisions about elections) is

amended as follows.

In paragraph 4 —

Page 263

(a)

in sub-paragraph (1) , for “which may be given for a candidate to

be the mayor” substitute “(a “mayoral vote”)”;

(b)

in sub-paragraph (2) , after “system” insert “, unless there are three

or more candidates”;

(c)

after sub-paragraph (2) insert—

“(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.”

After paragraph 4 insert—

“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.

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(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 —

(a)

in sub-paragraph (2) , after “one” insert “mayoral”;

(b)

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 27

Section 60

Assets of community value

Part 1

Community right to buy and sporting assets of community value (England)

In Part 5 of the Localism Act 2011 (community empowerment), after Chapter

2 insert—

Chapter 2A

Assets of community value (England)

List of assets of community value

86A

List of assets of community value

(1)

A local authority must maintain a list of land in its area that is land

of community value.

(2)

The list maintained under subsection (1) by a local authority is to

be known as its list of assets of community value.

(3)

The list maintained under subsection (1) must set out the following

separate categories of the list —

(a)

any land of community value that is a sporting asset of

community value (see section 86C );

(b)

any land of community value that falls within section 86B (3)

(assets supporting sporting assets of community value).

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(4)

Where land is included in a local authority’s list of assets of

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 Secretary of State may by regulations amend subsection (4) for

the purpose of substituting, for the period specified in that

subsection for the time being, some other period.

(6)

Where land is included in a local authority’s list of assets of

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)

Subsections (4) and (6) do not apply where an entry has been

removed with effect from some earlier time in accordance with

provision in regulations under subsection (8) .

(8)

The Secretary of State may by regulations make further provision

in relation to a local authority’s list of assets of community value,

including (in particular) provision about—

(a)

the form in which the list is to be kept;

(b)

contents of an entry in the list (including matters not to be

included in an entry);

(c)

modification of an entry in the list;

(d)

removal of an entry from the list;

(e)

cases where land is to be included in the list and—

(i)

different parts of the land are in different ownership

or occupation, or

(ii)

there are multiple estates or interests in the land or

any part or parts of it;

(f)

combination of the list with the local authority’s list of land

nominated by unsuccessful community nominations (see

section 86I ).

(9)

Subject to any provision made by or under this Chapter, it is for a

local authority to decide the form and contents of its list of assets

of community value.

86B

Land of community value

(1)

For the purposes of this Chapter but subject to regulations under

subsection (4) , a building or other land in a local authority’s area

is land of community value if in the opinion of the authority—

(a)

an actual current use of the building or other land that is

not an ancillary use furthers the economic or social wellbeing

or economic or social interests of the local community, and

Page 266

(b)

it is realistic to think that there can continue to be

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)

For the purposes of this Chapter but subject to regulations under

subsection (4) , a building or other land in a local authority’s area

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)

there was a time in the past when an actual use of the

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)

it is realistic to think that there will be a time in the next

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)

For the purposes of this Chapter but subject to regulations under

subsection (4) , a building or other land in a local authority’s area

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)

The Secretary of State may by regulations—

(a)

provide that a building or other land is not land of

community value if the building or other land is specified

in the regulations or is of a description specified in the

regulations;

(b)

provide that a building or other land in a local authority’s

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)

A description specified under subsection (4) may be framed by

reference to such matters as the Secretary of State considers

appropriate.

(6)

In relation to any land, those matters include (in particular)—

(a)

the owner of any estate or interest in any of the land or in

other land;

(b)

any occupier of any of the land or of other land;

(c)

the nature of any estate or interest in any of the land or in

other land;

Page 267

(d)

any use to which any of the land or other land has been, is

being or could be put;

(e)

statutory provisions, or things done under statutory

provisions, that have effect (or do not have effect) in relation

to—

(i)

any of the land or other land, or

(ii)

any of the matters within paragraphs (a) to (d) ;

(f)

any price, or value for any purpose, of any of the land or

other land.

(7)

In this section—

“social interests” includes (in particular) each of the following—

(a)

cultural interests;

(b)

recreational interests;

(c)

sporting interests;

“statutory provision” means a provision of—

(a)

an Act, or

(b)

an instrument made under an Act.

86C

Sporting assets of community value

(1)

For the purposes of this Chapter land of community value is a

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)

In this Chapter, the “relevant local authority” in relation to land of

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)

Land in a local authority’s area which is of community value may

be included by a local authority in its list of assets of community

value only—

(a)

in response to a community nomination,

(b)

where permitted by regulations made by the Secretary of

State, or

(c)

where a local authority is required to do so under section

86G (4) (a) .

(2)

For the purposes of this Chapter “community nomination”, in

relation to a local authority, means a nomination which—

(a)

nominates land in the local authority’s area for inclusion in

the local authority’s list of assets of community value, and

Page 268

(b)

is made—

(i)

by a parish council in respect of land in the parish

council’s area, or

(ii)

a person that is a voluntary or community body with

a local connection.

(3)

Regulations under subsection (1) (b) may (in particular) permit land

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)

The Secretary of State may by regulations make provision as to—

(a)

the meaning in subsection (2) (b) (ii) of “voluntary or

community body”;

(b)

the conditions that have to be met for a person to have a

local connection for the purposes of subsection (2) (b) (ii) ;

(c)

the contents of community nominations;

(d)

the contents of any other nominations which, as a result of

regulations under subsection (1) (b) , may give rise to land

being included in a local authority’s list of assets of

community value.

(5)

The Secretary of State may by regulations make provision for, or

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)

This section applies if a local authority receives a community

nomination.

(2)

The authority must consider the nomination.

(3)

The authority must accept the nomination if the land nominated—

(a)

is in the authority’s area, and

(b)

is of community value.

(4)

If the authority is required by subsection (3) to accept the

nomination, the authority must cause the land to be included in the

authority’s list of assets of community value.

(5)

The nomination is unsuccessful if subsection (3) does not require

the authority to accept the nomination.

(6)

If the nomination is unsuccessful, the authority must give, to the

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.

Page 269

86F

Notice of inclusion or removal

(1)

Subsection (2) applies where in accordance with this Chapter land—

(a)

is included in, or

(b)

removed from,

a local authority’s list of assets of community value.

(2)

The authority must if reasonably practicable give written notice of

the inclusion or removal to the following persons—

(a)

the owner of the land,

(b)

the occupier of the land if the occupier is not also the owner,

(c)

if the land was included in the list in response to a

community nomination, the person who made the

nomination, and

(d)

any person specified, or of a description specified, in

regulations made by the Secretary of State.

(3)

A notice under subsection (2) of inclusion of land in the list must

describe the provision made by and under this Chapter, drawing

particular attention to—

(a)

the consequences for the land and its owner of the land’s

inclusion in the list, and

(b)

the right to ask for review under section 86H .

(4)

A notice under subsection (2) of removal of land from the list must

state the reasons for the removal.

(5)

Where land is to be removed from a local authority’s list of assets

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)

Where a local authority includes land in its list of assets of

community value in accordance with section 86D (1) (a) or (b) , the

authority must—

(a)

consider whether the land is a sporting asset of community

value, and

(b)

if it considers it is, include the land in the category of the

list for sporting assets of community value.

(2)

A local authority must—

(a)

by the end of the initial review period, and

(b)

as soon as reasonably practicable after each review date,

Page 270

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) .

(3)

Land falls within this subsection if it is both—

(a)

land of community value, and

(b)

a sporting asset of community value.

(4)

Where land falls within subsection (3) , the local authority must—

(a)

include the land in its list of assets of community value (if

not already so included), and

(b)

include the land in the category of the list for sporting assets

of community value.

(5)

A local authority must if reasonably practicable notify each interested

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 notice under subsection (5) must draw attention to—

(a)

the consequences for the land and its owner of the land’s

inclusion in that category of the list for sporting assets of

community value,

(b)

the right to ask for a review under section 86H of the

inclusion of the land in that category of the list, and

(c)

the ability for land falling within section 86B (3) in relation

to a sporting asset of community value to be included in the

list of assets of community value.

(7)

In this section—

“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)

the owner of the land,

(b)

the occupier of the land if the occupier is not also

the owner, and

(c)

if the land was included in the list of assets of

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)

for the purposes of calculating the first review date,

the end of the initial review period;

(b)

for the purposes of calculating each subsequent

review date, the previous review date.

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86H

Review of decisions relating to list

(1)

The owner of land included in a local authority’s list of assets of

community value may ask the authority to review the authority’s

decision to include the land in the list.

(2)

The owner of land included in a local authority’s list of assets of

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)

A voluntary or community body who made a community

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)

If a request is made—

(a)

under subsection (1) , (2) or (3) , and

(b)

in accordance with the time limits (if any) provided for in

regulations under subsection (9) ,

the authority concerned must review its decision.

(5)

Where under subsection (4) an authority reviews a decision, the

authority must notify the person who asked for the review—

(a)

of the decision on the review, and

(b)

of the reasons for the decision.

(6)

If the decision on a review under subsection (4) is that the land

concerned should not have been included in the authority’s list of

assets of community value—

(a)

the authority must remove the entry for the land from the

list, and

(b)

where the land was included in the list in response to a

community nomination—

(i)

the nomination becomes unsuccessful, and

(ii)

the authority must give a written copy of the reasons

mentioned in subsection (5) (b) to the person who

made the nomination.

(7)

If the decision on a review under subsection (4) is that the land

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)

If the decision on a review under subsection (4) is that the land

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.

Page 272

(9)

The Secretary of State may by regulations make provision as to the

procedure to be followed in connection with a review under this

section.

(10)

Regulations under subsection (9) may (in particular) include

provision—

(a)

as to time limits;

(b)

requiring the decision on the review to be made by a person

of appropriate seniority who was not involved in the original

decision;

(c)

as to the circumstances in which the person asking for the

review is entitled to an oral hearing, and whether and by

whom that person may be represented at the hearing;

(d)

for appeals against the decision on the review.

List of land nominated by unsuccessful community nominations

86I

List of land nominated by unsuccessful community nominations

(1)

A local authority must maintain a list of land in its area that has

been nominated by an unsuccessful community nomination (see

sections section 86E (5) and 86H (6) (b) (i) ).

(2)

The list maintained under subsection (1) by a local authority is to

be known as its list of land nominated by unsuccessful community

nominations.

(3)

Where land is included in a local authority’s list of land nominated

by unsuccessful community nominations, the entry in the list for

the land—

(a)

may (but need not) be removed from the list by the authority

after it has been in the list for 5 years, and

(b)

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

authority’s list of assets of community value.

(4)

Subject to any provision made by or under this Chapter, it is for a

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 local authority must publish—

(a)

its list of assets of community value, and

Page 273

(b)

its list of land nominated by unsuccessful community

nominations.

(2)

A local authority must at a place in its area make available, for free

inspection by any person, both—

(a)

a copy of its list of assets of community value, and

(b)

a copy of its list of land nominated by unsuccessful

community nominations.

(3)

A local authority must provide a free copy of its list of assets of

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)

A local authority must provide a free copy of its list of land

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)

In this section “free” means free of charge.

Community groups: right to buy

86K

Effect of inclusion on the list

(1)

A person who is an owner of land included in a local authority’s

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)

Subsection (1) does not apply in relation to a relevant disposal of

land—

(a)

if the disposal is by way of gift (including a gift to trustees

of any trusts by way of settlement upon the trusts),

(b)

if the disposal is by personal representatives of a deceased

person in satisfaction of an entitlement under the will, or on

the intestacy, of the deceased person,

(c)

if the disposal is by personal representatives of a deceased

person in order to raise money to—

(i)

pay debts of the deceased person,

(ii)

pay taxes,

(iii)

pay costs of administering the deceased person’s

estate, or

(iv)

pay pecuniary legacies or satisfy some other

entitlement under the will, or on the intestacy, of the

deceased person,

Page 274

(d)

if the person, or one of the persons, making the disposal is

a member of the family of the person, or one of the persons,

to whom the disposal is made,

(e)

if the disposal is a part-listed disposal of a description

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)

part of which is land included in a local authority’s

list of assets of community value, and

(ii)

part of which is land not included in any local

authority’s list of assets of community value,

(f)

if the disposal is of an estate in land on which a business is

carried on and is at the same time, and to the same person,

as a disposal of that business as a going concern,

(g)

if the disposal is occasioned by a person ceasing to be, or

becoming, a trustee,

(h)

if the disposal is by trustees of any trusts—

(i)

in satisfaction of an entitlement under the trusts, or

(ii)

in exercise of a power conferred by the trusts to

re-settle trust property on other trusts,

(i)

if the disposal is occasioned by a person ceasing to be, or

becoming, a partner in a partnership, or

(j)

in cases of a description specified in regulations made by

the Secretary of State.

(3)

For the purposes of subsection (2) (d) , a person (“M”) is a member

of the family of another person if M is—

(a)

that other person’s spouse or civil partner, or

(b)

a lineal descendant of a grandparent of that other person.

(4)

For the purposes of subsection (3) (b) a relationship by marriage or

civil partnership is to be treated as a relationship by blood.

(5)

For the meaning of “relevant disposal”, and for when a relevant

disposal is entered into, see section 86L .

86L

Meaning of “relevant disposal” etc

(1)

This section applies for the purposes of this Chapter.

(2)

A disposal of the freehold estate in land is a relevant disposal of

the land if it is a disposal with vacant possession.

(3)

A grant or assignment of a qualifying leasehold estate in land is a

relevant disposal of the land if it is a grant or assignment with

vacant possession.

Page 275

(4)

If a relevant disposal within subsection (2) or (3) is made in

pursuance of a binding agreement to make it, the disposal is entered

into when the agreement becomes binding.

(5)

Subject to subsection (4) , a relevant disposal within subsection (2)

or (3) is entered into when it takes place.

(6)

In this section “qualifying leasehold estate” , in relation to any land,

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)

The Secretary of State may by regulations amend this section.

86M

Notice of proposed sale: community right to buy

(1)

The owner of land of community value must give the relevant local

authority written notice of the owner’s wish to enter into a relevant

disposal of the land.

(2)

A notice under subsection (1) must identify the estate or estates in

land which is or are to be disposed of or granted or assigned by

the relevant disposal (“the relevant estate in land”).

(3)

Where a notice is given under subsection (1) , the owner must not

enter into a relevant disposal of the land unless the disposal—

(a)

is of the relevant estate in land, and

(b)

is to the preferred community buyer.

(4)

Subsection (3) does not apply or ceases to apply if—

(a)

there is no preferred community buyer (see section 86N (2) ),

(b)

the preferred community buyer does not meet the progress

requirements after the first or second review periods (see

section 86U ), or

(c)

the preferred community buyer—

(i)

does not offer to buy the relevant estate in land at

the price agreed with the owner by the end of the

negotiation period (see section 86S (4) ), and

(ii)

does not offer to buy the relevant estate in land at

the value price by the end of the offer period (see

section 86T (8) ).

(5)

Where a case falls within any of subsections (4) (a) to (c) —

(a)

the owner may enter into a relevant disposal of the land to

any person within the permitted sale period;

(b)

if no such disposal is entered into within that period, a new

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.

Page 276

(6)

In this section, “permitted sale period” in relation to a relevant

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)

The “preferred community buyer” (if any) for the purposes of this

Chapter in relation to land of community value is—

(a)

the nominating community group where—

(i)

there is such a group,

(ii)

the notice requirement is met, and

(iii)

at the time the notice requirement is met the group

is a community interest group, or

(b)

where there is no group falling within paragraph (a) , the

alternative community group determined in accordance with

section 86P .

(2)

If there is no group falling within subsection (1) (a) or (b) in relation

to land of community value, there is no preferred community buyer

for the purposes of this Chapter in relation to the land.

(3)

The “notice requirement” is met if the nominating community group

gives written notice of its intention to buy the land to the relevant

local authority within the notification period.

(4)

In this section—

“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)

A community interest group may within the period for expressions

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)

The “period for expressions of interest”, in relation to land of

community value, is the period of eight weeks beginning with the

Page 277

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)

A notice under subsection (1) must include the reasons why the

group wants to buy the land.

(4)

Where—

(a)

no community interest group has given notice under

subsection (1) , there is no alternative community group for

the purposes of section 86N (1) (b) ;

(b)

one community interest group has given notice under

subsection (1) , that group is the alternative community group

for the purposes of section 86N (1) (b) ;

(c)

more than one community interest group has given notice

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)

Where subsection (4) (b) applies, the relevant local authority must

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)

Where subsection (4) (c) applies, the relevant local authority must

give written notice of the determination to each community interest

group which has given notice under subsection (1) .

(7)

A notice under subsection (5) or (6) must be given before the end

of the period of 14 days beginning with the end of the period for

expressions of interest.

(8)

In this section, “community interest group” has the meaning given

by section 86N (4) .

86Q

Publicising receipt of notice under

(1)

This section applies if a local authority receives notice under section

86M (1) in respect of land included in the authority’s list of assets

of community value.

(2)

The authority must cause the entry in the list for the land to reveal—

(a)

that notice under section 86M (1) has been received in respect

of the land,

(b)

the date when the authority received the notice, and

(c)

the end of the permitted sale period and the notification

period that apply under section 86M or 86N as a result of

the notice.

(3)

If the land is included in the list in response to a community

nomination, the authority must give written notice to the person

Page 278

who made the nomination of the matters mentioned in subsection

(2) (a) , (b) and (c) .

(4)

The authority must also give written notice of those matters to—

(a)

any Member of Parliament whose Parliamentary constituency

includes any part of the land;

(b)

the councillor or councillors for any electoral area or areas

in which the land or any part of it is situated.

(5)

The authority must make arrangements for those matters to be

publicised in the area where the land is situated.

(6)

Any requirement on a local authority under this section must be

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)

In this section—

“councillor” means a member of—

(a)

a local authority,

(b)

a county council for an area for which there are

district councils, or

(c)

a parish council;

“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)

This section applies where the owner of land of community value

gives notice under section 86M (1) .

(2)

If there is a nominating community group in relation to the land

who has met the notice requirement, the relevant local authority

must—

(a)

give the owner written notice of this information, and

(b)

include this information in the entry in the list for the land.

(3)

The notice under subsection (2) (a) must be given before the end of

the period of 14 days beginning with the end of the notification

period.

(4)

In any other case, the relevant local authority must give the owner

written notice—

(a)

if there is an alternative community group, of the name and

address of that group, or

(b)

that there is no alternative community group.

(5)

The notice under subsection (4) must be given before the end of the

period of 14 days beginning with the end of the period for

expressions of interest.

Page 279

(6)

In this section—

“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)

This section applies where—

(a)

the owner of land of community value gives notice under

section 86M (1) , and

(b)

there is a preferred community buyer in relation to the land.

(2)

The relevant local authority must as far as reasonably practicable

arrange a joint meeting with the owner of the land and the preferred

community buyer.

(3)

The Secretary of State may by regulations make further provision

about the meeting including provision about—

(a)

the circumstances in which the meeting may go ahead

without either the owner of the land or the preferred

community buyer;

(b)

the conduct of the meeting;

(c)

information to be provided at the meeting by the relevant

local authority (including information about the process and

the periods within which any requirements must be met

under this Chapter).

(4)

Section 86T applies if at the end of the negotiation period the

preferred community buyer has not offered to buy the relevant

estate in land at a price agreed with the owner.

(5)

In this section—

“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)

If this section applies (see section 86S (4) ), the relevant local authority

must by the end of the appointment period appoint an authorised

officer to assess the value of the land (“the valuer”).

Page 280

(2)

The value to be assessed is the market value of the relevant estate

in land on the date the notice was given under section 86M (1) .

(3)

The market value is the amount which the relevant estate in land

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)

The Secretary of State may by regulations make further provision

about the determination of the market value of an estate in land

for the purposes of this section.

(5)

Regulations under subsection (4) may include provision—

(a)

about the method to be used for determining market value;

(b)

about any matters which must or must not be taken into

account when determining the market value;

(c)

about the circumstances in which the owner of the land and

the preferred community buyer may make written

representations to the valuer (and requiring the valuer to

take those representations into account).

(6)

The valuer must by the end of the period of eight weeks beginning

with the date of the valuer’s appointment determine the market

value of the relevant estate in land (“the value price”).

(7)

The valuer must as soon as reasonably practicable give the owner

of the land and the preferred community buyer notice in writing

of the determination.

(8)

If the preferred community buyer wishes to buy the relevant estate

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)

The expense of a valuation under this section is to be met by the

relevant local authority.

(10)

In this section—

“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)

a valuation officer appointed under section 61 of the

Local Government Finance Act 1988,

(b)

a district valuer within the meaning of section 622

of the Housing Act 1985, or

(c)

in such circumstances as may be specified in

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;

Page 281

“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)

This section applies where—

(a)

the owner of land of community value gives notice under

section 86M (1) , and

(b)

there is a preferred community buyer in relation to the land.

(2)

Where the owner makes a request in writing, the relevant local

authority must—

(a)

determine whether at the end of the first review period the

preferred community buyer has met the progress

requirements, and

(b)

as soon as reasonably practicable give written notice of the

determination to the owner and buyer.

(3)

A request under subsection (2) must be made no less than two

weeks before the end of the first review period.

(4)

The relevant local authority must—

(a)

determine whether at the end of the second review period

the preferred community buyer has met the progress

requirements, and

(b)

as soon as reasonably practicable give written notice of the

determination to the owner of the land and the preferred

community buyer.

(5)

“Progress requirements” means such requirements relating to the

first and second review periods as are specified in regulations made

by the Secretary of State for that purpose.

(6)

Regulations under subsection (5) may make provision about the

evidence that a preferred community buyer must provide to a local

authority for the purpose of demonstrating that they have met the

progress requirements.

(7)

In this section—

“first review period” is the period of six months beginning

with the date on which the notice of a wish to enter into a

relevant disposal was given under section 86M (1) ;

“second review period” is the period of 12 months beginning

with that date.

Page 282

86V

Validity of acts

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.

86W

Compensation

(1)

The Secretary of State may by regulations make provision for the

payment of compensation in connection with the operation of this

Chapter.

(2)

Regulations under subsection (1) may (in particular)—

(a)

provide for any entitlement conferred by the regulations to

apply only in cases specified in the regulations;

(b)

provide for any entitlement conferred by the regulations to

be subject to conditions, including conditions as to time

limits;

(c)

make provision about—

(i)

who is to pay compensation payable under the

regulations;

(ii)

who is to be entitled to compensation under the

regulations;

(iii)

what compensation under the regulations is to be

paid in respect of;

(iv)

the amount, or calculation, of compensation under

the regulations;

(v)

the procedure to be followed in connection with

claiming compensation under the regulations;

(vi)

the review of decisions made under the regulations;

(vii)

appeals against decisions made under the regulations.

Miscellaneous

86X

Guidance

(1)

The Secretary of State may issue guidance to local authorities about

the exercise of any functions under this Chapter.

(2)

A local authority must take into account any such guidance in

exercising those functions.

(3)

The guidance may include (but is not limited to) guidance about—

(a)

the types of use that may further the social or economic

wellbeing or social or economic interests of a local

community;

Page 283

(b)

communicating with specified persons in connection with

the carrying out of any of the local authority’s functions;

(c)

matters relating to the indefinite listing of land as land of

community value under section 86A (6) ;

(d)

applying the test under section 86B (3) to identify land

supporting sporting assets of community value;

(e)

meeting the obligations under section 86G in relation to

sporting assets of community value.

(4)

Before issuing guidance under this section, the Secretary of State

must consult such persons as the Secretary of State considers

appropriate.

(5)

The requirement in subsection (4) may be met by consultation carried

out before this section comes into force.

(6)

The Secretary of State may revise any guidance issued under this

section.

(7)

The Secretary of State must arrange for any guidance issued under

this section to be published.

86Y

Local land charge

If land is included in a local authority’s list of assets of community

value—

(a)

inclusion in the list is a local land charge, and

(b)

that authority is the originating authority for the purposes

of the Local Land Charges Act 1975.

86Z

Enforcement

(1)

The Secretary of State may by regulations make provision—

(a)

with a view to preventing, or reducing the likelihood of,

contraventions of section 86K (1) (restriction on relevant

disposals of land);

(b)

as to the consequences applicable in the event of

contraventions of section 86K (1) .

(2)

The provision that may be made under subsection (1) includes (in

particular)—

(a)

provision for transactions entered into in breach of section

86K (1) to be set aside or to be ineffective;

(b)

provision about entries on registers relating to land.

(3)

The provision that may be made under subsection (1) includes

provision amending—

(a)

an Act, or

Page 284

(b)

an instrument made under an Act.

86Z1

Co-operation

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.

86Z2

Advice and assistance in relation to land of community value

(1)

The Secretary of State may do anything that the Secretary of State

considers appropriate for the purpose of giving advice or

assistance—

(a)

to anyone in relation to doing any of the following—

(i)

taking steps under or for the purposes of provision

contained in, or made under, this Chapter, or

(ii)

preparing to, or considering or deciding whether to,

take steps within sub-paragraph (i), or

(b)

to a preferred community buyer in relation to doing any of

the following—

(i)

negotiating and offering to buy land that is included

in a local authority’s list of assets of community

value,

(ii)

preparing to, or considering or deciding whether or

how to, bring land within sub-paragraph (i) into

effective use.

(2)

The things that the Secretary of State may do under this section

include, in particular—

(a)

the provision of financial assistance to any body or other

person;

(b)

the making of arrangements with a body or other person,

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)

In this section—

(a)

the reference to giving advice or assistance includes

providing training or education;

(b)

the reference to the provision of financial assistance is to the

provision of financial assistance by any means (including

the making of a loan and the giving of a guarantee or

indemnity).

Page 285

86Z3

Crown application

This Chapter binds the Crown.

Interpretation of Chapter

86Z4

Meaning of “local authority”

(1)

In this Chapter “local authority” means—

(a)

a district council,

(b)

a county council for an area in England for which there are

no district councils,

(c)

a London borough council,

(d)

the Common Council of the City of London, or

(e)

the Council of the Isles of Scilly.

(2)

The Secretary of State may by regulations amend this section for

the purpose of changing the meaning in this Chapter of “local

authority” in relation to England.

86Z5

Meaning of “owner”

(1)

In this Chapter “owner”, in relation to land, is to be read as follows.

(2)

The owner of any land is the person in whom the freehold estate

in the land is vested, but not if there is a qualifying leasehold estate

in the land.

(3)

If there is just one qualifying leasehold estate in any land, the owner

of the land is the person in whom that estate is vested.

(4)

If there are two or more qualifying leasehold estates in the same

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)

In this section “qualifying leasehold estate”, in relation to any land,

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)

The Secretary of State may by regulations amend this section—

(a)

for the purpose of changing the definition of “owner” for

the time being given by this section;

(b)

for the purpose of defining “owner” for the purposes of this

Chapter in a case where, for the time being, this section does

not define that expression.

Page 286

86Z6

Interpretation of Chapter: general

(1)

In this Chapter—

“building” includes part of a building;

“community nomination” has the meaning given by section

86D (2) ;

“land” includes—

(a)

part of a building,

(b)

part of any other structure, and

(c)

mines and minerals, whether or not held with the

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 ;

“unsuccessful” , in relation to a community nomination, has the

meaning given by sections 86E (5) and section 86H (6) (b) (i) .

(2)

For the meaning of “list of assets of community value” see section

86A (2) .

(3)

For the meaning of “list of land nominated by unsuccessful

community nominations” see section 86I (2) .”

Part 2

Minor and consequential amendments relating to Part 1

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)—

(a)

in subsection (4), for “appropriate authority” substitute “Welsh

Ministers”;

(b)

in subsection (5), for “appropriate authority” substitute “Welsh

Ministers”.

In section 88 (land of community value)—

Page 287

(a)

in subsection (3), for “appropriate authority” substitute “Welsh

Ministers”;

(b)

in subsection (4), for “appropriate authority considers” substitute

“Welsh Ministers consider”.

In section 89 (Procedure for including land in list)—

(a)

in subsection (1)(b), for “appropriate authority” substitute “Welsh

Ministers”;

(b)

in subsection (2)(b)—

(i)

omit sub-paragraph (i);

(ii)

in sub-paragraph (ii), omit “in Wales”;

(c)

in subsection (4), for “appropriate authority” substitute “Welsh

Ministers”;

(d)

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)—

(a)

in subsection (5)—

(i)

in paragraph (e), for “appropriate authority” substitute

“Welsh Ministers”;

(ii)

in paragraph (j), for “appropriate authority” substitute “Welsh

Ministers”;

(b)

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)—

(a)

in subsection (1), for “appropriate authority” substitute “Welsh

Ministers”;

(b)

in subsection (3), for paragraphs (a) and (b) substitute—

“(a)

a Measure or Act of Synedd Cyrmru, or

(b)

an instrument made under such a Measure or Act.”;

(c)

omit subsection (4).

Omit section 103.

Page 288

In section 104 (Advice and assistance in relation to land of community

value in Wales)—

(a)

in the heading, omit “in Wales”;

(b)

in subsection (1)(a), omit “so far as applying to Wales”;

(c)

in subsection (1)(b)(i), omit “in Wales”.

In section 106 (meaning of “local authority”)—

(a)

omit subsections (1) and (2);

(b)

in subsection (3)—

(i)

in the opening words, omit “in relation to Wales”;

(ii)

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”.

In section 235 (orders and regulations), after subsection (7)(g) insert—

“(ga)

regulations under section 86A (5) , section 86L (7) , 86Z , 86Z4 (2)

or 86Z5 (6) ;”.

Schedule 28

Section 61 (2)

The Local Audit Office

Part 1

Constitution, proceedings etc

In the Local Audit and Accountability Act 2014, after Schedule 1 insert—

“Schedule 1A

Section 1A (2)

Local Audit Office: constitution, proceedings etc

Composition

(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

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non-executive members is at all times greater than the number

of executive members.

Non-executive members: appointment and tenure

(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

(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)

The Secretary of State may determine that a payment within

sub-paragraph (2) (b) is to be made only in a case where the

Secretary of State considers there to be special circumstances.

Controller of Local Audit

(1)

The Local Audit Office must employ an individual to act as its

chief executive officer.

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(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

(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

(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

(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.

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(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

(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 , or

(c)

adopting—

(i)

a statement of accounts under paragraph 13 ,

(ii)

a business plan or corporate strategy under

paragraph 14 , or

(iii)

an annual report under paragraph 15 .

Procedure

(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.

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General power

The Local Audit Office may do anything it thinks appropriate

for the purposes of, or in connection with, its functions.

Status

(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

(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

(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.

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(4)

The Secretary of State must lay before Parliament a copy of each

such report and certified statement.

Business planning

(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

(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.”

Part 2

Transitional provision

Initial appointment of Controller of Local Audit

(1)

For the purpose of constituting the Local Audit Office—

(a)

the Secretary of State must nominate an individual to be the first

Controller of Local Audit;

(b)

the nominated individual is to become an executive member of the

Office;

(c)

the Office must employ that individual to serve as its chief officer;

and

(d)

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).

(2)

The Secretary of State may direct the Office as to the terms on which the

nominated individual is to be employed.

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Initial business plans and corporate strategy

(1)

The provision that may be made under section 78 (8) (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—

(a)

the financial year in which the Office is established, or

(b)

the following financial year.

(2)

The first corporate strategy of the Office must be published as soon as

reasonably practicable after it is established.

Staff transfer schemes

(1)

The Secretary of State may make one or more schemes under which

individuals employed by—

(a)

the National Audit Office,

(b)

The Financial Reporting Council Limited (a company limited by

guarantee with the registered number 02486368), or

(c)

Public Sector Audit Appointments Limited (a company limited by

guarantee with the registered number 09178094),

become employees of the Local Audit Office.

(2)

A scheme under sub-paragraph (1) is referred to in this paragraph as a

“staff transfer scheme”.

(3)

A staff transfer scheme may make—

(a)

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);

(b)

supplementary, incidental or consequential provision.

(4)

A staff transfer scheme must allow each individual to whom it applies to

choose not to become an employee of the Local Audit Office.

(5)

A scheme under sub-paragraph (1) may provide—

(a)

for the scheme to be modified by agreement after it comes into

effect;

(b)

for any such modifications to have effect from the date when the

original scheme comes into effect.

Property transfer schemes

(1)

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.

(2)

A scheme under sub-paragraph (1) is referred to in this paragraph as a

“property transfer scheme”.

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(3)

The things that may be transferred under a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be

transferred;

(b)

property acquired, and rights and liabilities arising, after the making

of the scheme.

(4)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or rights

transferred;

(b)

make provision about the continuing effect of things done by PSAA

in respect of anything transferred;

(c)

make provision about the continuation of things (including legal

proceedings) in the process of being done by, on behalf of or in

relation to PSAA in respect of anything transferred;

(d)

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;

(e)

make provision for the shared ownership or use of property;

(f)

make other consequential, supplementary, incidental or transitional

provision.

(5)

A transfer scheme may provide—

(a)

for modifications by agreement;

(b)

for modifications to have effect from the date when the original

scheme came into effect.

(6)

In this paragraph, references to the transfer of property include the grant

of a lease.

Part 3

Application of other legislation

Public Records Act 1958 (c. 51)

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records

Act 1958 (establishments and organisations whose records are public

records), at the appropriate place insert—

“The Local Audit Office.”

Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments

etc subject to investigation), at the appropriate place insert—

“The Local Audit Office.”

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House of Commons Disqualification Act 1975 (c. 24)

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(bodies all members of which are disqualified), at the appropriate place

insert—

“The Local Audit Office.”

Freedom of Information Act 2000 (c. 36)

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other

public bodies), at the appropriate place insert—

“The Local Audit Office.”

Equality Act 2010 (c. 15)

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the

public sector equality duty), under the heading “Regulators”, at the

appropriate place insert—

“The Local Audit Office.”

Schedule 29

Section 62 (2)

Local audit: registration bodies, registered providers and qualifications

In the Local Audit and Accountability Act 2014, after Schedule 1A (inserted by

Schedule 28 to this Act) insert—

“Schedule 1B

Section 6B (7)

External registration bodies

Provision of information to the Local Audit Office

(1)

An external registration body 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.

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Directions to secure compliance

(1)

If the Local Audit Office considers that an external registration body has

failed to comply with a requirement under—

(a)

this Act, or

(b)

an agreement under section 6B (5) ,

the Office may give the body a direction under this paragraph.

(2)

A direction under this paragraph is one directing the body to take steps

that the Office considers will—

(a)

secure that the requirement in question is complied with, or

(b)

mitigate the effect, or prevent the recurrence, of the failure of

compliance.

(3)

Such a step—

(a)

must be one that the body has the power to take;

(b)

may consist of not doing something.

(4)

A direction under this paragraph must—

(a)

explain the Office’s reasons for giving the direction, and

(b)

specify the time by which the direction must be complied with.

Directions with respect to international obligations

(1)

If it appears to the Secretary of State or the Local Audit Office—

(a)

that any action proposed to be taken by an external registration

body would be incompatible with assimilated obligations or any

other international obligations of the United Kingdom, or

(b)

that any action which an external registration body has power to

take is required for the purpose of implementing any such

obligations,

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.

(2)

A direction under this paragraph—

(a)

may include such supplementary or incidental requirements as the

Secretary of State or the Office thinks necessary or expedient, and

(b)

may be varied or cancelled by written notice to the body concerned.

(3)

A direction under this paragraph is enforceable by injunction issued by

the High Court on the application of the Secretary of State or the Office.

Exemption from liability in damages

(1)

No person within sub-paragraph (2) is to be liable in damages for anything

done or omitted in the discharge or purported discharge of functions to

which this sub-paragraph applies.

(2)

The persons within this subsection are—

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(a)

an external registration body,

(b)

an officer or employee of such a body, and

(c)

a member of the governing body of such a body.

(3)

Sub-paragraph (1) applies to the functions of an external registration body

so far as relating to, or to matters arising out of, any of the following—

(a)

rules and arrangements made for the purposes of Schedule 1C or

any agreement under section 6B (5) (a) , or

(b)

any guidance or recommendation within sub-paragraph (4) .

(4)

Guidance or a recommendation is within this sub-paragraph if—

(a)

it is issued or made by the external registration body to all or any

class of the persons who are or are seeking to become—

(i)

registered in the body’s local audit register, or

(ii)

listed in accordance with paragraph 6 of Schedule 1C (list

of firm’s lead partners), and

(b)

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.

(5)

Sub-paragraph (1) does not apply—

(a)

if the act or omission is shown to have been in bad faith, or

(b)

so as to prevent an award of damages in respect of the act or

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

Section 6C (1)

Eligibility and regulation of registered providers

Introduction

(1)

The following paragraphs set out the requirements that have effect in

relation to a local audit register as provided by section 6C (1) .

(2)

In this Schedule as it applies in relation to a given register—

“provider” means an individual or firm entered in that register;

“the registration body” means the body keeping that register.

Eligibility criteria and procedures

(1)

The registration body must have in place—

(a)

criteria for being entered, and remaining, in the register, and

(b)

procedures for entry in, and removal from, the register.

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(2)

The procedures must allow for appeals to be made to a person who will

determine the appeal independently of the maker of the decision appealed

against.

Registration rules

(1)

The registration body must secure that each provider is bound by rules

determined by the body.

(2)

Those rules are referred to in this Schedule as “registration rules”.

(3)

Any changes in the body’s registration rules after its designation must be

approved by the Local Audit Office.

(4)

The body must have arrangements for taking account, in framing its

registration rules, of the cost to providers of complying with those rules

and any other controls to which they are subject.

Professional qualifications

(1)

The criteria and procedures in place under paragraph 2 must be designed

to secure that—

(a)

an individual—

(i)

may be entered in the register only if the individual meets

the qualification requirement, and

(ii)

is to be removed from the register as soon as possible after

ceasing to meet that requirement;

(b)

a firm—

(i)

may be entered in the register only if the firm meets the

qualified control requirement, and

(ii)

is to be removed from the register before the end of the

period of 3 months beginning with the day on which the

firm ceases to meet that requirement.

(2)

See Part 1 of Schedule 1D for the requirements referred to in sub-paragraph

(1) .

Professional integrity and independence

(1)

The registration rules must include rules designed to secure that—

(a)

audits under this Act are conducted properly and with integrity,

and

(b)

providers are not appointed as local auditors in circumstances in

which they have an interest likely to conflict with the proper conduct

of the audit.

(2)

The criteria and procedures in place under paragraph 2 must be designed

to secure that a firm—

(a)

may be entered in the register only if the firm has in place adequate

arrangements within sub-paragraph (3) , and

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(b)

is to be removed from the register as soon as possible after ceasing

to have such arrangements.

(3)

The arrangements within this sub-paragraph are arrangements to prevent

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)

This sub-paragraph applies to—

(a)

any person who is not a member of the firm, and

(b)

any individual who is a member of the firm but does not meet the

qualification requirement for the purposes of paragraph 4 (1) (a) .

Lead partners

(1)

The registration body must secure that the register includes, for each

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)

The registration body must have arrangements designed to secure that an

individual appears in the list only if the individual—

(a)

meets the qualification requirement (see paragraph 1 of Schedule

1D ),

(b)

otherwise has the necessary competence to act as the lead partner

for an audit, and

(c)

is bound by rules determined by the body (which are referred to

in this Schedule as “lead partner rules”).

(3)

Any changes in the body’s lead partner rules after its designation must be

approved by the Local Audit Office.

(4)

The registration body must have lead partner rules designed to secure that

individuals acting as lead partners for audits under this Act maintain high

standards of professional conduct.

Complaints procedures

(1)

The registration body must have effective arrangements for the investigation

of complaints against providers, so far as relating to their work in

connection with audits under this Act.

(2)

The registration body must have effective arrangements for the investigation

of complaints against itself, so far as relating to its functions as a registration

body.

Meeting of claims

(1)

The registration body must have in place registration rules or other

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

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against them arising out of their work in connection with audits under this

Act.

(2)

This may be achieved by professional indemnity insurance or other

appropriate arrangements.

Monitoring and inspections

(1)

The registration body must have in place—

(a)

arrangements for monitoring compliance with its registration rules

and lead partner rules,

(b)

arrangements for the inspection of providers in connection with

their work in connection with audits under this Act,

(c)

registration rules designed to secure that providers co-operate with

the monitoring and inspections, and

(d)

lead partner rules designed to secure that individuals bound by the

rules co-operate with the monitoring.

(2)

The arrangements relating to inspections must be designed to secure that

each provider is inspected at least once every 6 years.

(3)

Those arrangements must include—

(a)

provision for the results of any inspections not carried out by the

registration body to be reported to the registration body, and

(b)

in the case of an external registration body, provision for the results

of any inspections not carried out by the Local Audit Office to be

reported to the Office.

Enforcement

(1)

The registration body must have in place—

(a)

arrangements for the investigation of suspected breaches by

providers or lead partners, and

(b)

registration rules and lead partner rules designed to secure that

providers and lead partners co-operate with any investigations.

(2)

In sub-paragraph (1) , “breaches” means breaches of requirements imposed

by or under this Act (including by registration rules or lead partner rules).

Provision and publication of information

(1)

The registration rules must require a provider to comply with any written

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)

The registration rules must require a provider to comply with any general

directions published from time to time by the Local Audit Office regarding

the publication of information about providers.

(3)

That information may, for instance, include information regarding—

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(a)

a provider’s ownership and governance,

(b)

a provider’s internal controls with respect to the quality and

independence of its audit work,

(c)

a provider’s turnover, and

(d)

the relevant authorities whose accounts a provider has audited

under this Act.

Schedule 1D

Section 6D

Professional qualifications

Part 1

Requirements for registered providers

Qualification requirement for individuals

(1)

This paragraph applies for the purposes of paragraph 4 (1) (a) of Schedule

1C .

(2)

An individual meets the qualification requirement if the individual—

(a)

holds an appropriate qualification, or

(b)

falls within paragraph 4 or 5 of this Schedule.

Qualified control requirement for firms

(1)

This paragraph applies for the purposes of paragraphs 4 (1) (b) and 6 (2) (a)

of Schedule 1C .

(2)

A firm meets the qualified control requirement if—

(a)

a majority of the members of the firm are qualified persons, and

(b)

where the firm’s affairs are managed by a board of directors,

committee or other management body—

(i)

a majority of that body are qualified persons, or

(ii)

if the body consists of two persons only, at least one of them

is a qualified person.

(3)

The following provisions apply for the purposes of sub-paragraph (2) .

(4)

An individual is a qualified person if the individual—

(a)

holds an appropriate qualification, or

(b)

falls within paragraph 4 or 5 of this Schedule.

(5)

A firm is a qualified person if the firm—

(a)

meets the criteria to become a registered local audit provider, or

(b)

is eligible for appointment as a statutory auditor under Part 42 of

the Companies Act 2006.

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(6)

A majority of the members of a firm means—

(a)

where under the firm’s constitution matters are decided upon by

the exercise of voting rights, members holding a majority of the

rights to vote on all, or substantially all, matters;

(b)

in any other case, members having such rights under the constitution

of the firm as enable them to direct its overall policy or alter its

constitution.

(7)

A majority of the members of the management body of a firm means—

(a)

where matters are decided at meetings of the management body by

the exercise of voting rights, members holding a majority of the

rights to vote on all, or substantially all, matters at such meetings;

(b)

in any other case, members having such rights under the constitution

of the firm as enable them to direct its overall policy or alter its

constitution.

(8)

Paragraphs 5 to 11 of Schedule 7 to the Companies Act 2006 (rights to be

taken into account and attribution of rights) apply for the purposes of

sub-paragraphs (6) and (7) as they apply for the purposes of section 1162

of that Act.

“Appropriate qualification”

(1)

The Secretary of State may by regulations provide for a qualification to be

an appropriate qualification for the purposes of paragraphs 1 and 2 if—

(a)

it is a professional qualification in accountancy,

(b)

it is obtained from a body established in the United Kingdom

(whether a body corporate or an unincorporated association), and

(c)

it meets, or the Secretary of State thinks that it meets, specified

requirements.

(2)

The regulations may, in particular, provide for a qualification to be an

appropriate qualification if it is recognised in accordance with the

regulations.

(3)

Regulations under this paragraph that contain provision under

sub-paragraph (2) may in particular—

(a)

provide for the making (by the Secretary or State or otherwise) of

an order (a “recognition order”) recognising a qualification;

(b)

make provision about applications for a recognition order;

(c)

provide for the giving of directions or imposition of requirements

in connection with such applications;

(d)

make provision about the circumstances in which the making of a

recognition order may or must be refused;

(e)

make provision about the steps to be taken on making or refusing

to make a recognition order;

(f)

provide for a recognition order to be revoked by a further order (a

“revocation order”);

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(g)

make provision about the circumstances in which a revocation order

may or must be made;

(h)

make provision about the date on which a revocation order may or

must take effect;

(i)

provide for a revocation order to contain transitional provision;

(j)

make provision about the steps to be taken by the person making

a revocation order before or on making it.

(4)

The requirements that may be specified for a qualification to be an

appropriate qualification or to be the subject of a recognition order include,

in particular, requirements as to—

(a)

the persons to whom the qualification is open;

(b)

the course of instruction undertaken by persons to whom the

qualification is awarded;

(c)

the professional experience of such persons;

(d)

the examinations passed by such persons;

(e)

the practical training undertaken by such persons;

(f)

the rules and arrangements of the body offering the qualification

for ensuring or monitoring compliance with other specified

requirements.

(5)

Regulations under this paragraph may in particular—

(a)

provide for exceptions to a specified requirement;

(b)

confer power to give or withhold recognition or approval for the

purposes of a specified requirement.

(6)

In this paragraph, “specified” means specified in regulations under this

paragraph.

Cases in which an individual need not hold appropriate qualification: domestic cases

(1)

An individual falls within this paragraph if any of the following

sub-paragraphs applies in respect of the individual.

(2)

This sub-paragraph applies where the individual holds an appropriate

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)

This sub-paragraph applies where, immediately before 16 December 2014,

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)

This sub-paragraph applies where—

(a)

before 16 December 2014, the individual began a course of study

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,

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(b)

the person would have been qualified for appointment as an auditor

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)

the person obtained that qualification within the period of 6 years

beginning with that date.

Cases in which an individual need not hold appropriate qualification: overseas cases

(1)

An individual falls within this paragraph if any of the following

sub-paragraphs applies in respect of the individual.

(2)

This sub-paragraph applies where the individual—

(a)

is eligible to conduct audits of the accounts of bodies corporate

incorporated or formed under the law of a third country in

accordance with the law of that country, and

(b)

holds a professional qualification which covers all the subjects that—

(i)

are covered by an appropriate qualification, and

(ii)

are subjects of which knowledge is essential for the pursuit

of the profession of local auditor.

(3)

This sub-paragraph applies where the individual is a specified state auditor

who—

(a)

holds professional qualifications obtained in a specified state that

are comparable to an appropriate qualification, and

(b)

has met a requirement to take an aptitude test or to complete an

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)

This sub-paragraph applies where the individual is an EEA auditor who,

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)

This sub-paragraph applies where the individual has been authorised to

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)

In this paragraph—

“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;

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“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”

In this Act, “recognised qualifying body” means a body that offers a

qualification that is an appropriate qualification by virtue of regulations

under paragraph 3 (1) of Schedule 1C .

Fees

The Secretary of State may by regulations provide for the payment of fees

by a body in respect of its—

(a)

making an application that would result in its becoming a recognised

qualifying body, or

(b)

becoming such a body further to an application made by it, or

(c)

remaining such a body, having become so further to an application

made by it.

Directions to secure compliance with international obligations

(1)

If it appears to the Secretary of State—

(a)

that any action proposed to be taken by a recognised qualifying

body would be incompatible with assimilated obligations or any

other international obligations of the United Kingdom, or

(b)

that any action which a recognised qualifying body has power to

take is required for the purpose of implementing any such

obligations,

the Secretary of State may direct the body not to take or, as the case may

be, to take the action in question.

(2)

A direction under this paragraph may include such supplementary or

incidental requirements as the Secretary of State thinks necessary or

expedient.

(3)

A direction under this paragraph is enforceable by injunction by the High

Court on the application of the Secretary of State.

Delegation of functions

(1)

The Secretary of State may by regulations—

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(a)

provide for the Secretary of State’s functions under paragraph 7 or

8 to be exercisable, concurrently with the Secretary of State, by

another person designated in the regulations;

(b)

make the designated person’s ability to exercise the functions subject

to exceptions or reservations;

(c)

confer on the designated person such other functions supplementary

or incidental to those under this paragraph as appear to the Secretary

of State to be appropriate;

(d)

make provision about the application of the Freedom of Information

Act 2000 to the designated person.

(2)

Regulations under this paragraph do not have the effect that—

(a)

the designated person is to be regarded as acting on behalf of the

Crown, or

(b)

that its members, officers or employees are to be regarded as Crown

servants.

(3)

Where regulations under this paragraph apply to the making of regulations

under paragraph 7 —

(a)

section 43(1) and (5) does not apply to regulations made by the

designated person;

(b)

the designated person may not make regulations without the

approval of the Secretary of State;

(c)

the Secretary of State may, after consultation with the body, by

regulations vary or revoke any regulations made by the designated

person;

(d)

any regulations made by the designated person must be published

immediately after they are made;

(e)

a person is not to be taken to have contravened such regulations if

the person shows that at the time of the alleged contravention the

regulations had not been published;

(f)

the production of a printed copy of regulations purporting to be

made by the designated person on which is endorsed a certificate

signed by or on behalf of that person and stating—

(i)

that the regulations were made by the person,

(ii)

that the copy is a true copy of the regulations, and

(iii)

that on a specified date the regulations were published,

is evidence of the facts stated in the certificate;

(g)

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;

(h)

any person wishing in any legal proceedings to cite regulations

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) .”

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Schedule 30

Section 70

Local audit: minor and consequential amendments

Part 1

Amendments of the Local Audit and Accountability Act 2014

The Local Audit and Accountability Act 2014 is amended as follows.

In the heading of Part 3, at the end insert “: health service bodies”.

(1)

Section 7 (appointment of local auditor) is amended as follows.

(2)

In subsection (1), for “relevant authority” substitute “health service body”.

(3)

In subsection (2)—

(a)

in the words before paragraph (a), for “relevant authority” substitute

“health service body”;

(b)

in paragraph (b), for “authority” substitute “body”.

(4)

In subsection (3), for “relevant authority” substitute “health service body”.

(5)

For subsection (5) substitute—

“(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).”

(6)

In subsection (6), in the words before paragraph (a), for “relevant authority”

substitute “health service body”.

(7)

In subsection (7), for “under subsection (6)(b) or (c)” substitute “in

accordance with subsection (6)”.

(8)

For subsection (8) substitute—

“(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.”

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(1)

Section 8 (procedure for appointment) is amended as follows.

(2)

In subsection (1), for “relevant authority” substitute “health service body”.

(3)

In subsection (2)—

(a)

in the words before paragraph (a), for “relevant authority” substitute

“health service body”;

(b)

in paragraph (c), for “period” substitute “financial year or years”.

(4)

In subsection (3)(a), for “relevant authority” substitute “health service body”.

(5)

In subsection (4)—

(a)

in the words before paragraph (a), for “relevant authority” substitute

“health service body”;

(b)

omit paragraph (a).

(6)

In subsection (5), for “relevant authority” substitute “health service body”.

(7)

In subsection (6), for the words from “Schedule 3” to the end substitute

“regulations under section 7 (8) ”.

In section 9 (auditor panels)—

(a)

in subsection (1), for “relevant authority” substitute “health service

body”;

(b)

omit subsection (2).

(1)

Section 10 (functions of auditor panels) is amended as follows.

(2)

In subsection (1)—

(a)

for “relevant authority’s” substitute “health service body’s”;

(b)

for “authority” substitute “body”.

(3)

Omit subsections (2) and (3).

(4)

In subsection (4—

(a)

for “relevant authority’s” substitute “health service body’s”;

(b)

for “authority” substitute “body”.

(5)

In subsection (5)(a), for “relevant authority” substitute “health service body”.

(6)

In subsection (6)—

(a)

for “relevant authority’s” substitute “health service body’s”;

(b)

for “authority”, in both places it occurs, substitute “body”.

(7)

In subsection (7), for “authority” substitute “health service body”.

(8)

In subsection (8)—

(a)

in paragraph (b)—

(i)

for “relevant authority’s” substitute “health service body’s”;

(ii)

for “authority’s”, in the remaining place it occurs, substitute

“body’s”;

(b)

in paragraph (c), for “relevant authority” substitute “health service

body”.

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(9)

In subsection (9), for “relevant authority” substitute “health service body”.

(10)

In subsection (10)—

(a)

in the words before paragraph (a), for “relevant authority” substitute

“health service body”;

(b)

omit paragraph (a).

(11)

In subsection (11), for “relevant authority” substitute “health service body”.

(12)

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).

(1)

Section 14 (limitation of local auditor’s liability) is amended as follows.

(2)

In subsection (1)—

(a)

for “relevant authority” substitute “health service body”;

(b)

for “authority”, in the remaining place it occurs, substitute “body”.

(3)

In subsection (6), for “relevant authority” substitute “health service body”.

(4)

After subsection (7) insert—

“(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).

(1)

Section 16 (resignation and removal of local auditor) is amended as follows.

(2)

In subsection (1), in paragraphs (a) and (b), for “relevant authority”

substitute “health service body”.

(3)

In subsection (2)—

(a)

in paragraph (c), for “relevant authority” substitute “health service

body”;

(b)

in paragraph (d)—

(i)

for “authority’s” substitute “body’s”;

(ii)

for “or of a recognised supervisory body” substitute “, the

Local Audit Office or an external registration body”;

(c)

in paragraph (e), for “relevant authority” substitute “health service

body”.

(4)

In subsection (3)—

(a)

in paragraph (d)—

(i)

for “relevant authority’s” substitute “health service body’s”;

(ii)

for “or of a recognised supervisory body” substitute “, the

Local Audit Office or an external registration body”;

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(b)

in paragraph (e), for “relevant authority” substitute “health service

body”.

(5)

In subsection (4), leave out the words from “, in” to “body,”.

(6)

In subsection (5)—

(a)

in paragraphs (a) and (b), for “Secretary of State” substitute “Local

Audit Office”;

(b)

in paragraph (a), for “relevant authority” substitute “health service

body”.

(7)

In subsection (7), for “a recognised supervisory body” substitute “the Local

Audit Office or an external registration body”.

(1)

Section 17 (appointment of auditor other than by audited body) is amended

as follows.

(2)

In subsection (1), for “relevant authority” substitute “health service body”.

(3)

In subsection (3)—

(a)

in paragraph (a)—

(i)

for “relevant authorities” substitute “health service bodies”;

(ii)

for “an authority” substitute “a body”;

(b)

in paragraph (c), for “relevant authorities” substitute “health service

bodies”.

(4)

In subsection (6), for “relevant authority” substitute “health service body”.

(5)

In subsection (7), for “authority” substitute “health service body”.

(6)

In subsection (8)(a), for “relevant authority” substitute “health service body”.

(7)

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 ”.

Page 312

After section 32 insert—

“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.”

After Part 5 insert—

Part 5A

Local audit: further provision

Independence of auditors

32B

Independence requirement

(1)

A person (“P”) may not act as a local auditor if any of subsections

(2) , (4) , (5) or (6) applies in relation to P and the relevant authority

whose accounts are to be audited.

(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,

(c)

P is a partner or employee of a person within paragraph (a)

or (b) , or

(d)

P is a partnership of which a person within paragraph (a)

or (b) is a partner.

(3)

In relation to a relevant authority that is an integrated care board,

subsection (2) (a) has effect as if “or officer” were omitted.

Page 313

(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,

(c)

a partner or employee of a person within paragraph (a) or

(b) , or

(d)

a partnership of which a person within paragraph (a) or (b)

is a partner.

(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)

Subsection (2) applies if, at any time during the term of office of a

local auditor, the auditor becomes prohibited from acting by section

32B .

(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.

Page 314

(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)

If a report under subsection (2) (b) states that a second audit is

needed, the relevant authority must take such steps as are necessary

for the carrying out of that audit.

(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

(b)

the relevant authority must send to that body a copy of any

report under subsection (2) (b) .

(5)

A direction under subsection (2) may specify when the authority

must comply with—

(a)

the requirements of the direction, or

(b)

any requirement of subsection (3) or (4) (b) .

(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,

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(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.

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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 .”

In section 43(4) (orders and regulations subject to affirmative procedure)—

(a)

in paragraphs (d) and (e), for “smaller” substitute “category 2”;

(b)

after paragraph (f) insert—

“(ia)

regulations under section 7 (8) (power to make

provision about appointment arrangements for health

service bodies),”;

(c)

after paragraph (h) insert—

“(ia)

regulations under section 33A (4) (power to apply

enactments to certain audit committees),”;

Page 317

(d)

after paragraph (i) insert—

“(ia)

regulations under section 43A (3) (power to amend

definition of “connected entity”),”;

(e)

after paragraph (j) insert—

“(ja)

regulations under paragraph 9 (1) of Schedule 1D

(delegation of powers in respect of recognised

qualifying bodies);”;

(f)

omit paragraph (k);

(g)

in paragraph (l), for “that Schedule” substitute “Schedule 4”;

(h)

omit paragraph (m) (but not the “and” at the end).

After section 43 insert—

“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)

The Secretary of State may by regulations amend subsection (1) or

(2) .

(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.”

(1)

Section 44 (interpretation) is amended as follows.

(2)

In subsection (1)—

Page 318

(a)

at the appropriate places insert—

““advisory notice” has the meaning given by paragraph 8(1) of

Schedule 8;”;

““external registration body” means a body designated under

section 6A (2) (b) ;”;

““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;”;

““local audit register” has the meaning given by section 6A (4) ;”;

““registered local audit provider” has the meaning given by

section 6A (4) ;”;

(b)

for the definition of “recognised qualifying body” substitute—

““recognised qualifying body” has the meaning given by

paragraph 6 of Schedule 1D ;”;

(c)

omit the definition of “recognised supervisory body”.

(3)

Omit subsection (3).

(4)

In subsection (4), for “paragraph 8 of Schedule 4” substitute “section 43A ”.

Omit Schedule 3 (further provision about appointment of local auditors).

(1)

Schedule 4 (auditor panels) is amended as follows.

(2)

In paragraph 1—

(a)

in sub-paragraph (1)—

(i)

in the words before paragraph (a), for “relevant authority

(“R”)” substitute “health service body (“H”)”;

(ii)

in paragraphs (a), (b) and (c), for “R” substitute “H”;

(iii)

in paragraph (b), for “relevant authorities” substitute “health

service bodies”;

(b)

in sub-paragraph (2)—

(i)

in the words before paragraph (a), and in paragraph (a), for

“R” substitute “H”;

(ii)

in paragraphs (a) and (b), for “R’s” substitute “H’s”;

(c)

in sub-paragraph (3)—

(i)

in paragraph (a), for “relevant authority other than R”

substitute “health service body other than H”;

(ii)

in paragraph (b), for “R” substitute “H”;

(iii)

in paragraphs (b) and (c), “for “R’s” substitute “H’s”;

(iv)

in paragraph (d), for “R” substitute “H”;

Page 319

(d)

in sub-paragraph (4), for “R”, in both places it occurs, substitute

“H”;

(e)

omit sub-paragraphs (5) and (6).

(3)

Omit paragraph 2 and the preceding italic heading.

(4)

Omit paragraph 3 and the preceding italic heading.

(5)

In paragraph 4—

(a)

in sub-paragraph (2)—

(i)

in the words before paragraph (a), omit the words from

“further” to “and”;

(ii)

after paragraph (b) insert—

“(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;

(bc)

provision about the meaning of “independent”

for the purposes of paragraphs (ba) and (bb) ;”;

(b)

in sub-paragraph (3)—

(i)

after “matters” insert “, except so far as relating to

independence,”;

(ii)

for “relevant authority’s” substitute “health service body’s”;

(iii)

for “authority” substitute “body”.

(6)

Omit paragraph 6 and the preceding italic heading.

(7)

In paragraph 7, for “relevant authority” substitute “health service body”.

(8)

Omit paragraph 8 and the preceding italic heading.

Omit Schedule 5 (eligibility and regulation of local auditors).

(1)

Schedule 6 (codes of audit practice and guidance) is amended as follows.

(2)

In paragraph 2—

(a)

in sub-paragraph (1), for “Comptroller and Auditor General”

substitute “Local Audit Office”;

(b)

in sub-paragraphs (2)(a) and (b) and (3), for “Comptroller and

Auditor General” substitute “Office”.

(3)

In paragraph 3, for “Comptroller and Auditor General” substitute “Local

Audit Office”.

(4)

In paragraph 4—

(a)

in sub-paragraph (1), for “Comptroller and Auditor General”

substitute “Local Audit Office”;

(b)

in sub-paragraphs (3), (4), (5) and (6), for “Comptroller and Auditor

General” substitute “Office”.

Page 320

(5)

In paragraph 5—

(a)

in sub-paragraph (1), for “Comptroller and Auditor General”

substitute “Local Audit Office”;

(b)

in sub-paragraphs (2), (5), (6) and (7), for “Comptroller and Auditor

General”, in each place it occurs, substitute “Office”.

(6)

In paragraph 6(1), for “Comptroller and Auditor General” substitute “Local

Audit Office”.

(7)

In paragraph 7, for “Comptroller and Auditor General”—

(a)

in the first place it occurs, substitute “Local Audit Office”;

(b)

in the second place it occurs, substitute “Office”.

(8)

Omit paragraph 8 and the preceding italic heading.

(9)

In paragraph 9(1), for “Comptroller and Auditor General” substitute “Local

Audit Office”.

(10)

In paragraph 10—

(a)

in sub-paragraph (1), for “Comptroller and Auditor General”

substitute “Local Audit Office”;

(b)

in sub-paragraph (4), for “Comptroller and Auditor General”, in

each place it occurs, substitute “Office”.

(1)

Schedule 7 (reports and recommendations) is amended as follows.

(2)

In paragraph 1, for sub-paragraphs (5) and (6) substitute—

“(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.”

(3)

In paragraph 2—

(a)

in sub-paragraph (3), after paragraph (a) insert—

“(aa)

to the Local Audit Office,”;

(b)

for sub-paragraphs (4) and (5) substitute—

“(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.”

(4)

In paragraph 3(2), after paragraph (a) insert—

“(aa)

to the Local Audit Office,”.

Page 321

In Schedule 8 (advisory notices), in paragraph 3, for sub-paragraphs (5)

and (6) substitute—

“(5)

A local auditor may recover under section 32A the reasonable

costs of—

(a)

determining whether to issue an advisory notice

(regardless of whether it is in fact made), and

(b)

issuing an advisory notice.”

In Schedule 11 (disclosure of information), in paragraph 1, for sub-paragraph

(3) substitute—

“(3)

Those authorities are—

(a)

the Local Audit Office,

(b)

an external registration body, or

(c)

any person given functions by rules or arrangements made

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).

Part 2

Other amendments

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

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”.

Companies Act 2006 (c. 46)

In Part 1 of Schedule 11A to the Companies Act 2006 (persons to whom

audit-related information may be disclosed free from the restriction in

section 1224A of that Act), for paragraphs 17A to 17D substitute—

“17E

The Local Audit Office.

17F

An external registration body within the meaning of the Local

Audit and Accountability Act 2014.

17G

Any person given functions by rules or arrangements made for

the purposes of Schedule 1C of that Act (eligibility and regulation

of registered local audit providers).”

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

(1)

The Local Democracy, Economic Development and Construction Act 2009

is amended as follows.

Page 322

(2)

In section 104(9) (which introduces Schedule 5A), omit “and audit

committees”.

(3)

In Schedule 5A (overview and scrutiny committees and audit committees

of combined authorities)—

(a)

in the heading, omit “and audit committees”;

(b)

omit paragraph 4 and the preceding italic heading.

Levelling-up and Regeneration Act 2023 (c. 55)

(1)

The Levelling-up and Regeneration Act 2023 is amended as follows.

(2)

In section 15(1) (which introduces Schedule 1), omit “and audit committees”.

(3)

In section 70 (which amends Schedule 5A to the Local Democracy, Economic

Development and Construction Act 2009), omit subsection (1)(b).

(4)

In Schedule 1 (overview and scrutiny committees and audit committees of

combined county authorities)—

(a)

in the heading, omit “and audit committee”;

(b)

omit paragraph 4 and the preceding italic heading.

Schedule 31

Section 71

Business tenancies: prohibited terms relating to rent

Introduction

The Landlord and Tenant Act 1954 is amended in accordance with this

Schedule.

New Schedules

Before Schedule 8 of the Landlord and Tenant Act 1954 insert—

“Schedule 7A

Section 54A

Rent reviews: prohibited terms etc

Tenancies to which this Schedule applies

This Schedule applies to a tenancy if conditions A to D are met.

Condition A: a business tenancy

Condition A is met if Part 2 of this Act—

(a)

applies to the tenancy, or

(b)

does not apply to the tenancy, but only because of section

43(1)(d) (licensed premises).

Page 323

Condition B: a post-commencement tenancy

Condition B is met if the tenancy—

(a)

is granted after this Schedule comes into force, and

(b)

is not granted under a contract entered into before this

Schedule comes into force.

Condition C: relevant rent review terms

(1)

Condition C is met if the tenancy is subject to relevant rent review

terms (whether contained in the instrument creating the tenancy

or not).

(2)

In this Schedule “relevant rent review terms” means terms under

which—

(a)

an amount of rent payable under the tenancy will or may

change during the term of the tenancy (“rent under

review”), and

(b)

the amount of the rent under review that will be payable

at a time during the term of the tenancy (“new passing

rent”)—

(i)

is not known, and

(ii)

cannot be determined,

at the time when the tenancy is granted.

Condition D: method for determining the new passing rent

(1)

Condition D is met if the relevant rent review 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,

(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 relevant rent review terms;

(b)

other premises (whether real or hypothetical).

Page 324

(4)

The reference in this paragraph to the amount of a notional rent

for premises includes an amount calculated in accordance with

the relevant 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

(1)

This paragraph applies in relation to a particular rent review if

the amount of the new passing rent determined in accordance

with the relevant 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 relevant 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

(1)

The Secretary of State may, by regulations, provide for exceptions

from paragraph 6 (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.

Tenant to have power to trigger a rent review

(1)

This paragraph applies if—

(a)

an action is necessary for a particular rent review to be

initiated (a “trigger action”), and

Page 325

(b)

the relevant 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

(1)

This paragraph applies if—

(a)

an action is necessary for a particular rent review to

operate effectively (an “operational action”), and

(b)

the relevant 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.

Anti-avoidance

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 new passing rent which results from the

operation of any other provision of this Schedule.

Interpretation

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;

“new passing rent” has the meaning given in paragraph

4 (2) (b) ;

“particular rent review” means a particular occasion when

the relevant rent review terms operate or are to operate;

“reference amount” has the meaning given in paragraph 5 (2) ;

“relevant rent review terms” has the meaning given in

paragraph 4 (2) ;

Page 326

“rent under review” has the meaning given in paragraph

4 (2) (a) .

Schedule 7B

Section 54A

Put options: prohibited terms

Tenancies to which this Schedule applies

This Schedule applies to an arrangement if conditions A to F are

met.

Condition A: a business tenancy

(1)

Condition A is met if Part 2 of this Act—

(a)

applies to a tenancy, or

(b)

does not apply to a tenancy, but only because of section

43(1)(d) (licensed premises).

(2)

In the following provisions of this Schedule—

(a)

that tenancy is referred to as the “existing tenancy”;

(b)

the premises let under the existing tenancy are referred

to as the “relevant premises”.

Condition B: a put option

(1)

Condition B is met if the tenant under the existing tenancy is a

party to an arrangement under which the tenant can be required

by the landlord or another person to take a new tenancy of the

whole or a part of the relevant premises.

(2)

In the following provisions of this Schedule—

(a)

that arrangement is referred to as the “put option”;

(b)

the tenancy which the tenant is required to take is referred

to as the “new tenancy”.

Condition C: a post-commencement put option

Condition C is met if the put option is entered into after this

Schedule comes into force.

Condition D: initial rent not known

Condition D is met if the rent payable at the start of the term of

the new lease (the “initial rent”)—

(a)

is not known, and

(b)

cannot be determined,

Page 327

at the time when the put option is entered into.

Condition E: terms for determining the initial rent

Condition E is met if the put option 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 put option).

Condition F: method for determining the initial rent

(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 lease,

(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

(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.

Page 328

(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

(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

An agreement (whether contained in the put option 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

In this Schedule, in relation to a tenancy—

“existing tenancy” has the meaning given in paragraph 2 (2) ;

“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 ;

“new tenancy” has the meaning given in paragraph 3 (2) ;

“put option” has the meaning given in paragraph 3 (2) ;

“reference amount” has the meaning given in paragraph 7 (2) ;

“relevant premises” has the meaning given in paragraph

2 (2) ;

Page 329

“rent determination terms” has the meaning given in

paragraph 6 .”

Crown application

In section 56 (application to the Crown), after subsection (6) insert—

“(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.”

Sort by: Group by:

Amendments

Amendment NC1

Tabled: 09 Sep 2025
Notices of Amendments as at 9 September 2025

NO DECISION has been made on this amendment

To move the following Clause—
“Community infrastructure levy charges: guidance
(1) The Secretary of State must, within six months of the passing of this Act, prepare and publish guidance for charging authorities on—
(a) the implementation and administration of community infrastructure levy charges;
(b) appropriate procedures for handling technical errors in the calculation, notification, or collection of community infrastructure levy charges; and
(c) best practice for resolving disputes relating to community infrastructure levy charges where technical errors have occurred.
(2) The guidance under subsection (1) must include—
(a) guidance on what constitutes a technical error in the context of community infrastructure levy charges;
(b) recommended procedures for reviewing and, where appropriate, waiving or reducing community infrastructure levy charges where a technical error has occurred;
(c) principles to guide the proportionate collection of community infrastructure levy payments when technical errors have been identified; and
(d) time limits for the rectification of technical errors.
(3) In this section—
“charging authority” has the meaning given in section 106 of the Planning Act 2008, as amended by Schedule 14 of this Act;
“technical error” means an error in the calculation, notification, or administration of a Community Infrastructure Levy charge that is not related to a material change in the development to which the charge applies.”

Type: Backbencher

Signatures: 14

Lee Dillon (LD - Newbury) - 09 Sep 2025
Gideon Amos (LD - Taunton and Wellington) - 09 Sep 2025

Liberal Democrat Spokesperson (Housing and Planning)

Vikki Slade (LD - Mid Dorset and North Poole) - 09 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 09 Sep 2025
Will Forster (LD - Woking) - 09 Sep 2025
Clive Jones (LD - Wokingham) - 09 Sep 2025

Liberal Democrat Spokesperson (Trade)

Sarah Olney (LD - Richmond Park) - 09 Sep 2025

Liberal Democrat Spokesperson (Cabinet Office)

Liz Jarvis (LD - Eastleigh) - 09 Sep 2025
Sarah Dyke (LD - Glastonbury and Somerton) - 09 Sep 2025
Pippa Heylings (LD - South Cambridgeshire) - 09 Sep 2025

Liberal Democrat Spokesperson (Energy Security and Net Zero)

John Milne (LD - Horsham) - 09 Sep 2025
Martin Wrigley (LD - Newton Abbot) - 09 Sep 2025
Cameron Thomas (LD - Tewkesbury) - 09 Sep 2025
Josh Babarinde (LD - Eastbourne) - 09 Sep 2025

Liberal Democrat Spokesperson (Justice)

Amendment 4

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 3, page 2, line 27, leave out subsections (1) to (3) and insert— "(1) A unitary district council or a county council may submit a proposal to the Secretary of State for designation as a single foundation strategic authority. (2) A proposal under subsection (1) must be prepared in such form and contain such information as the Secretary of State may by regulations prescribe. (3) The Secretary of State may by regulations designate a unitary district council as a single foundation strategic authority if— (a) a proposal has been submitted in accordance with subsection (1), and (b) the Secretary of State is satisfied that the designation is appropriate having regard to the need to secure effective and convenient local government in relation to the areas of competence.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 30

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 3, page 2, line 32, at end insert— "(3A) Before making a designation under this section, the Secretary of State must consult town and parish councils within the area of the proposed single foundation strategic authority.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 38

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 3, page 2, line 32, at end insert— "(3A) The Secretary of State must make provision to ensure councils designated as a single foundation strategic authority receives adequate funding to facilitate their transition."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 25

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 1, page 83, line 3, at end insert— "(6A) After preparing a proposal the Secretary of State must publish a statement demonstrating how the physical geography, community identity, and the boundaries of other public services in the area would be affected by the proposal."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 39

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 1, page 83, line 3, at end insert— “(6A) The Secretary of State must consult town and parish councils within the proposed new combined authority area.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 27

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 1, page 84, line 13, at end insert— “(9A) The Secretary of State must make provision to ensure the combined authority receives adequate funding to facilitate its establishment.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 32

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 1, page 85, line 37, at end insert— “(2A) The Secretary of State has obtained consent for the proposal from any affected local government area.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 31

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 1, page 86, line 20, after “to” insert “and thereafter consult with”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 33

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 1, page 86, line 27, at end insert— "(da) any town and parish councils whose area would be added to the area of the combined authority, and."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 28

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 1, page 87, leave out lines 1 to 29

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 29

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 1, page 95, leave out paragraph 33 and 34

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 6

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Page 11, line 1, leave out Clause 9

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 19

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Page 109, line 1, leave out Schedule 3

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 20

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 10, page 12, line 32, at end insert— "(3A) A report made by a relevant remuneration panel must be laid by the Secretary of State before both Houses of Parliament at least 30 days before a CCA may make a scheme based on the report."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 8

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 12, page 16, line 24, at end insert— "(9AA) A combined authority or CCA must provide a report to the Secretary of State to lay before both Houses of Parliament a report detailing the reasons for which they are seeking consent to exercise the power conferred by section 1.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 21

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 21, page 23, line 28, leave out subsection (b) and insert— "(b) one or more of the following— (i) health and social care; (ii) planning; (iii) environmental concerns; (iv) funding; (v) sustainability measures; (vi) education;

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 22

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 44, page 46, line 2, at beginning insert “The Secretary of State may by regulations require that”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 23

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 44, page 46, line 6, at end insert— “(1B) Regulations under section 107F and 107FA are subject to the affirmative procedure”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 26

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 45, page 50, line 25, at end insert— “(c) a statutory instrument containing a draft of any such order has been laid before, and approved by, each House of Parliament.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 24

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 21, page 209, leave out lines 25 to 31

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 9

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 46, page 53, line 15, at end insert— "(7) Regulations made under this section are subject to the affirmative procedure.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 3

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 49, page 54, line 30, leave out subsection (3) and insert— "(3) Where a notification under subsection (1) is given, the Secretary of State must, within the period of six months beginning with the day on which the notification is given, give effect to the change or changes proposed by the mayor or mayors. (4) Effect may be given under subsection (3) by means of regulations made by statutory instrument. (5) A statutory instrument made under subsection (4) is— (a) subject to the affirmative procedure if it— (i) amends an Act of Parliament, or (ii) confers or modifies a function which relates to an area of competence; (b) where neither of the conditions in paragraph (a) apply, subject to the negative procedure.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 10

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 49, page 54, line 36, at end insert— "(4) No decision under subsection (3) may be implemented unless— (a) the Secretary of State has made regulations giving effect to the decision, (b) a statutory instrument containing the regulations has been laid before and approved by both Houses of Parliament, and (c) save as where provided for otherwise, regulations giving effect to any decision made under section are subject to the affirmative procedure.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 1

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 53, page 58, line 31, at end insert— "(10) Regulations made under this section are subject to the affirmative resolution procedure."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 5

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Page 59, line 20, leave out Clause 55

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 2

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 24, page 246, line 27, after "government” insert— "having particular regard to the need for the new single tier of local government, or new unitary council, to— (a) be of an appropriate geographical size, giving consideration to— (i) economic zones, (ii) physical geography,

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 11

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Page 245, line 29, leave out Schedule 24

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 12

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Page 60, line 5, leave out Clause 57

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 14

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Page 250, line 7, leave out Schedule 25

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 13

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 58, page 60, line 11, at end insert— "(1A) It is a duty of a local authority to specify the description of a neighbourhood area that will apply within the local authority's area for the purposes of subsection (1)."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 15

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 58, page 60, line 29, at end insert— "(4A) But regulations may not— (a) alter— (i) any function exercised by, or (ii) any power available by or under any Act of Parliament to, a parish or town council, or (b) make provision for the abolition of any parish or town council.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 34

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 58, page 60, line 29, at end insert— "(4A) Regulations under this section may not include power for the Secretary of State to specify the description of any neighbourhood area."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 35

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 27, page 265, line 41, after "economic,” insert ", environmental,"

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 36

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 27, page 266, line 4, after “economic,” insert “, environmental,”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 37

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 27, page 266, line 12, after “economic,” insert “, environmental,”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 40

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 27, page 266, line 18, after “economic,” insert “, environmental,”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 42

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 27, page 267, line 23, at end insert— “(1A) Where a local authority is responsible for assessing whether land in its area is a sporting asset of community value, the Secretary of State must ensure the authority receives adequate funding to make the assessment.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 41

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 27, page 279, line 17, at end insert— “(2A) The relevant local authority must as far as reasonably practicable support the preferred community buyer in securing the purchase land of community value.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 16

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Schedule 27, page 280, line 28, at end insert— “(9A) The Secretary of State must ensure local authorities are adequately funded to meet the expenses of a valuation under this section.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 18

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 62, page 65, line 17, leave out from "acting” to end, and insert “who— (a) are wholly independent of the Local Audit Office, and (b) possess appropriate expertise. (2) The Secretary of State must approve any appointment made for the purposes of subsection (2), and may only do so when they are satisfied that the person to be appointed satisfies the criteria specified in that subsection.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment 17

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

Clause 63, page 67, line 5, at end insert— "(5) A Local Audit Office may make arrangements about— (a) the membership of an audit committee; (b) the appointment of the members; and (c) the conduct and practices of the committee.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment NC2

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

To move the following Clause— "Policy delivery in areas of competence (1) Any function of a mayoral combined authority or mayoral combined county authority which— (a) relates to an area of competence, and (b) is not a mayoral function exercisable solely by the mayor must be exercised by or under the direct authority of the constituent members of that authority. (2) No person may be appointed to exercise any function that relates to making or delivering policy relating to an area of competence unless that person is an elected member of— (a) the relevant strategic authority, or (b) a constituent council within the relevant strategic authority. (3) Nothing in this section is to be taking as preventing the appointment of staff by the strategic authority or its elected members for the purposes of administrative, advisory or technical support for the exercise of its functions. (4) For the purposes of this section, “constituent members” means any elected representative who is — (a) appointed by a constituent council to be a member of the mayoral combined authority or mayoral combined county authority; (b) any person acting in the place of a person appointed under paragraph (a)."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment NC3

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

To move the following Clause— "Duty to ensure public trust and financial transparency (1) The mayor for the area of a combined authority or combined county authority must take reasonable steps to ensure that information regarding the authority's financial affairs, including its annual budget, significant expenditure, and

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment NC4

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

To move the following Clause— "Funding for Local Authority governance reorganisation The Secretary of State has a duty to ensure that local authorities are adequately funded for any purposes relating to the reorganisation of cabinet governance structures that are required or enabled by this Act."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment NC5

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

To move the following Clause— "Resource and support for local authority implementation of the Act (1) The Secretary of State has a duty to ensure that relevant authorities are provided with the resources and support necessary in order to carry out any functions conferred on, or required of, them by virtue of this Act. (2) Any resources and support provided by the Secretary of State must be sufficient to ensure that there is no delay to the holding of any future local elections resulting from the implementation of, or delay to the implementation of, this Act."

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025

Amendment NC6

Tabled: 17 Sep 2025
Notices of Amendments as at 17 September 2025

NO DECISION has been made on this amendment

To move the following Clause— “Councillors: proportional representation vote system (1) The Secretary of State may by regulations introduce a proportional representation vote system in elections of local authority councillors. (2) The regulations in subsection (1) are subject to the affirmative procedure.”

Type: Backbencher

Signatures: 2

Vikki Slade (LD - Mid Dorset and North Poole) - 17 Sep 2025

Liberal Democrat Spokesperson (Housing, Communities and Local Government)

Manuela Perteghella (LD - Stratford-on-Avon) - 17 Sep 2025