English Devolution and Community Empowerment Bill

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

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Available Versions

30 Oct 2025
Commons: Report
Bill 318 2024-26 (as amended in Public Bill Committee)
No digital version of this Bill was published by Parliament
10 Jul 2025
Commons: Committee
Bill 283 2024-25 (as introduced)
(567 amendments)
Date Debate
Tuesday 28th October 2025 Committee stage: 11th sitting
Tuesday 28th October 2025 Committee stage: 12th sitting
Thursday 23rd October 2025 Committee stage: 10th sitting
Thursday 23rd October 2025 Committee stage: 9th sitting
Tuesday 21st October 2025 Committee stage: 8th sitting
Tuesday 21st October 2025 Committee stage: 7th sitting
Thursday 16th October 2025 Committee stage: 6th sitting
Thursday 16th October 2025 Committee stage: 5th sitting
Tuesday 14th October 2025 Committee stage: 4th sitting
Tuesday 14th October 2025 Committee stage: 3rd sitting
Tuesday 16th September 2025 Committee stage: 2nd sitting
Tuesday 16th September 2025 Committee stage: 1st sitting

Relevant Documents

Bill PDF
Bill 283 2024-25 (as introduced)
Latest Amendments
Notices of Amendments as at 30 October 2025
Explanatory Note
Bill 283 EN 2024-25
Impact Assessment
Equality Impact Assessment from the Ministry of Housing, Communities & Local Government

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83 New Clauses Proposed

Page 1

Part 1

 

Strategic authorities

 

The strategic authorities

 
1
Strategic authorities
 
 
(1)
This section sets out the meaning of “strategic authority” and other related
5
 
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
10
 
(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
15
 
(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
5
 
(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,
10
 
(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

 
2
Areas of competence
15
 
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;
20
 
(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

25
3
Single foundation strategic authorities
 
 
(1)
The Secretary of State may, by regulations, designate a unitary district council
 
 
or a county council as a single foundation strategic authority.
 
 
(2)
The Secretary of State may not designate a council if the council’s area is
 
 
within, or is, the area of another strategic authority.
30
 
(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.
35

Page 3

Combined authorities and CCAs

 
4
Combined authorities and CCAs: establishment, expansion and functions
 
 
Schedule 1 contains provision amending requirements relating to the
 
 
establishment and expansion of, and conferral of functions on, combined
 
 
authorities and CCAs.
5
5
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,
10
 
(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
15
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
20
 
(c)
any other enactment (whenever passed or made).”
 
6
Combined authorities and CCAs: decision-making and validity of proceedings
 
 
(1)
LURA 2023 is amended in accordance with subsections (2) and (3) .
 
 
(2)
After section 13 insert—
 
“13A
Decision-making
25
 
(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
30
 
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—
5
 
(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.
10
 
(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—
15
 
(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
20
 
(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;
25
 
(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,
30
 
(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
35
 
(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—
40
 
(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.
5
 
(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 )”.
10
 
(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
15
 
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
20
 
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
25
 
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—
30
 
(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
35
 
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
5
 
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
10
 
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
15
 
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
20
 
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.
25
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
30
 
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.
35
 
(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 )”.
40
 
(7)
Schedule 2 makes further provision about decision-making and exercise of
 
 
functions.
 

Page 7

 
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
5
 
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.
10
 
(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
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
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
40

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
5
 
(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
10
 
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
15
 
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.
20
 
(6)
Subsection (4) applies to provision made under the SI-making power
 
 
before or after the coming into force of this section.”
 
 
8
Combined authorities and CCAs: designation as established mayoral strategic
 

authorities

 
 
(1)
After section 25 of LURA 2023 insert—
25
“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
30
 
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
35
 
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,
40

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
5
 
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,
10
 
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.
15
 
(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
20
 
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
25
 
(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
30
 
(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
35
 
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
5
 
(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,
10
 
(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,
15
 
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
20
 
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
25
 
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,
30
 
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
35
 
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

9
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—
5
 
(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
10
 
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.”
15
 
(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”.
20
 
(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
25
 
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—
30
 
(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.
35
 
(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—
5
 
“(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
10
 
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
15
 
5BA into LDEDCA 2009.
 
 
10
Combined authorities and CCAs: allowances for members with special
 

responsibilities

 
 
(1)
LURA 2023 is amended in accordance with subsections (2) and (3) .
 
 
(2)
After section 52 insert—
20
“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.
25
 
(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
30
 
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).
35
 
(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
5
 
(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
10
 
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).
15
 
(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
20
 
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)”;
25
 
(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—
30
 
(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—
35
 
(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
40
 
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
5
 
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.
10
 
(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
15
 
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
20
 
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,
25
 
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
30
 
of the CCA.”
 
11
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) —
35
 
(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
40
 
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
5
 
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
10
 
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).
15
 
(3)
In section 41 of LURA 2023 (mayors for CCA areas: financial matters), omit
 
 
subsection (1).
 
12
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
20
 
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
25
 
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”
30
 
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”.”
35
 
(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
5
 
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
10
 
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;
15
 
(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
20
 
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—
25
 
“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;
30
 
“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
35
 
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—
40
 
(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—
45

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.
 
13
Levies
5
 
(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.
10
 
(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).
15
 
(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
20
 
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)—
25
 
(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,
30
 
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.
35
 
(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).
40

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
5
 
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)—
10
 
(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
15
 
functions, excluding mayoral functions, relating to transport.”
 
14
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
20
 
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—
25

Chapter 1

 
 
Economic prosperity boards
 
 
(b)
before the italic heading before section 103 insert—
 

Chapter 2

 
 
Combined authorities
30
 
(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—
5
 
““non-mayoral combined authority” means a combined authority
 
 
that is not a mayoral combined authority;”.
 

The Greater London Authority

 
15
Additional functions of the GLA
 
 
After section 40 of the Greater London Authority Act 1999 insert—
10
 
“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
15
 
bodies.”
 

Mayors

 
16
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—
20
 
“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—
25
 
(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
30
 
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
5
 
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;
10
 
(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
15
 
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
20
 
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;
25
 
(c)
Senedd Cymru;
 
 
(d)
the Northern Ireland Assembly.”
 
17
Functions of mayors of combined authorities or CCAs
 
 
(1)
In section 30 of LURA 2023 (functions of mayors: general), after subsection
 
 
(1) insert—
30
 
“(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
35
 
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—
5
 
“(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”
10
 
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
15
 
(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.”
 
18
The “general functions” of mayors
20
 
(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
25
 
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)”.
30
 
(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

 
 
19
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—
5
“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,
10
 
(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
15
 
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,
20
 
(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
25
 
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
30
 
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
35
 
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

 
20
Extension of general power of competence to strategic authorities
 
 
Schedule 4 amends the Localism Act 2011 to extend the general power of
5
 
competence to combined authorities and CCAs and their mayors.
 
21
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
10
 
(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.
15
 
(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
20
 
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
25
 
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.”
30
 
(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
5
 
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—
10
 
“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
15
 
(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
20
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
25
 
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
30
 
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;
35
 
“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.”
 
22
Duty of mayors to collaborate
 
 
(1)
After section 17B of LURA 2023 (inserted by section 21 of this Act) insert—
5
“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—
10
 
(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
15
 
economic, social or environmental well-being of—
 
 
(a)
some or all of the people who live or work in mayor A’s area,
 
 
or
 
 
(b)
some or all of the people who live or work in mayor A’s area
 
 
and some or all of the people who live or work in mayor B’s
20
 
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
25
 
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,
30
 
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);
35
 
“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) ;
5
 
“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,
10
 
(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,
15
 
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—
20
 
(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.
25
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
30
 
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
35
 
(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
5
 
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.
10
 
(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
15
 
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—
20
 
(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.
25
 
(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
30
 
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
35
 
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
40

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
5
 
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
10
 
(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—
15
 
(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
20
 
economic, social or environmental well-being of—
 
 
(a)
some or all of the people who live or work in mayor A’s area,
 
 
or
 
 
(b)
some or all of the people who live or work in mayor A’s area
 
 
and some or all of the people who live or work in mayor B’s
25
 
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
30
 
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,
35
 
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);
40

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,
5
 
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) ;
10
 
“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,
15
 
(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,
20
 
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—
25
 
(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.
30
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
35
 
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
40

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
5
 
(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
10
 
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—
15
 
(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.
20
 
(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,
25
 
(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—
30
 
(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.
35
 
(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
40
 
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.
5
 
(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.”
10
 
(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.
15
 
(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
20
 
that the requested collaboration would be likely to improve the
 
 
economic, social or environmental well-being of—
 
 
(a)
some or all of the people who live or work in Greater London,
 
 
or
 
 
(b)
some or all of the people who live or work in Greater London
25
 
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.
30
 
(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.
35
 
(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) ;
5
 
“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) ;
10
 
“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—
15
 
(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.
20
 
(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
25
 
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
30
 
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—
35
 
(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—
40

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
5
 
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
10
 
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
15
 
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
20
 
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,
25
 
(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—
30
 
(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.
35
 
(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
40
 
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.
5
 
(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.”
10

Transport and local infrastructure

 
23
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.
15
24
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.
 
25
Civil enforcement of traffic contraventions
 
 
Schedule 7 confers on combined authorities and CCAs functions in relation
20
 
to civil enforcement of traffic contraventions.
 
26
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”.
25
 
(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—
30
 
(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—
35

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
 
(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
10
 
(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—
15
 
(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
20
 
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;
25
 
(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
30
 
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
35
 
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—
40
 
“(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.”
 
27
Key route network roads
 
 
Schedule 8 makes provision about key route network roads (including road
 
 
traffic reduction).
5
28
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
10
 
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) —
15
 
(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
20
 
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
25
 
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.
30
 
(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);
35
 
(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;
40
 
(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
5
 
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
10
 
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,
15
 
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” —
20
 
(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;
25
 
(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;
30
 
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;
35
 
(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.”
 
29
Local transport authorities and other transport functions
 
 
Schedule 9 confers on combined authorities and CCAs functions as local
40
 
transport authorities and makes provision about other functions relating to
 
 
transport.
 

Page 38

Skills and employment support

 
30
Adult education
 
 
Schedule 10 confers on strategic authorities functions relating to adult
 
 
education.
 

Housing and strategic planning

5
31
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.
 
32
Development orders
 
 
(1)
Schedule 12 confers on mayors of combined authorities and CCAs functions
10
 
in relation to development orders.
 
 
(2)
Schedule 13 contains amendments relating to section 31 and this section.
 
33
Power to charge community infrastructure levy
 
 
Schedule 14 confers on mayors of combined authorities and CCAs powers to
 
 
charge community infrastructure levy.
15
34
Acquisition and development of land
 
 
Schedule 15 confers on strategic authorities functions relating to the acquisition
 
 
and development of land.
 
35
Housing accommodation
 
 
Schedule 16 confers on combined authorities and CCAs functions relating to
20
 
housing accommodation.
 
36
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

25
37
Assessment of economic conditions
 
 
Schedule 18 confers on combined authorities and CCAs functions in relation
 
 
to the assessment of economic conditions.
 

Page 39

38
Local growth plans
 
 
(1)
Schedule 19 confers on mayoral strategic authorities functions in relation to
 
 
local growth plans.
 
39
Local Government Act 2003: expenditure grant
 
 
(1)
Chapter 1 of Part 3 of the Local Government Act 2003 (expenditure grant) is
5
 
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
10
 
(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
15
 
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.
20
 
(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
25
 
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
30
 
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.
35
 
(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
5
 
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
10
 
(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
15
 
(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;
20
 
“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
25
 
Construction Act 2009 (see section 107A(8) of that Act).”
 
40
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
30
 
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
35
 
authority” insert “, combined authority or combined county authority”.
 

Page 41

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
5
 
(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.
10
 
(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,
15
 
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.
20
 
(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—
25
 
“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
30
 
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
35
 
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—
5
 
(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
10
 
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—
15
 
(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
20
 
(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;
25
 
“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
30
 
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
35
 
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
40
 
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
5
 
(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,
10
 
(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
15
 
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
20
 
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
25
 
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).”
30
42
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

 
43
Health improvement and health inequalities duty
 
 
(1)
After section 107ZA of LDEDCA 2009 insert—
 
 
“Combined authorities: health
 
107ZB
Health improvement and health inequalities duty
5
 
(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
10
 
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
15
 
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.
20
 
(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
25
 
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
30
 
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
35
 
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.”
40

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
5
 
(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).
10
 
(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
15
 
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,
20
 
(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,
25
 
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
30
 
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
35
 
function.”
 

Public safety

 
44
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
5
 
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—
10
 
“(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
15
 
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) .
20
 
(2)
A combined authority meets the eligibility condition in case A or case
 
 
B.
 
 
(3)
Case A : the authority’s area is the same as a single English police area.
 
 
In this case, the authority meets the eligibility condition in relation to
 
 
the single police area.
25
 
(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
30
 
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
35
 
(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
40
 
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—
5
 
“(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
10
 
(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—
15
 
“(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
20
 
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
25
 
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—
30
“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.
35
 
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
40
 
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
5
 
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
10
 
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
15
 
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—
20
 
(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
25
 
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
30
 
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—
35
 
(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
40
 
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
5
 
(b)
arrange for the deputy mayor for policing and
 
 
crime to exercise one or more of the Mayor’s
 
 
PCC functions.”
 
45
PCCs and police areas
 
 
(1)
In section 1 of PRSRA 2011 (police and crime commissioners), for subsection
10
 
(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—
15
 
(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;
20
 
(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
25
 
(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
30
 
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.”
35
 
(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
5
 
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
10
 
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—
15
 
(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
20
 
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.”;
25
 
(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
30
 
(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
35
 
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
40
 
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
45

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)”.
 
46
Functions of fire and rescue authorities
5
 
(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
10
 
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—
15
 
“(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
20
 
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
25
 
(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.
30
 
(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
35
 
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
5
 
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
10
 
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
15
 
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
20
 
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,
25
 
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
30
 
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;
35
 
(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
40
 
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;
5
 
(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
10
 
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.
15
47
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—
20
 
(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
25
 
and rescue authority in that name (“fire and rescue
 
 
functions”), and
 
 
(b)
by virtue of—
 
 
(i)
section 107F(1), or
 
 
(ii)
section 107F (1A) ,
30
 
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)—
35
 
(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
40
 
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
5
 
(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,”.
10
48
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;
15
 
(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

 
49
Requests by mayors of EMSAs for changes
 
 
(1)
One or more mayors for EMSAs may notify the Secretary of State of—
20
 
(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
25
 
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
30
 
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
35
 
(ii)
the reasons for making the decision.
 

Page 55

Regulations relating to functions of strategic authorities and mayors

 
 
50
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
5
 
schemes).
 
51
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)—
10
 
(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”;
15
 
(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
20
 
“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
25
 
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—
30
 
“(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;
35
 
“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;
5
 
“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;
10
 
(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);
15
 
(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.”.
20

Supplementary provision relating to extension of functions

 
52
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—
25
 
(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
30
 
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.
35
 
(5)
Any other regulations under this section are subject to negative resolution
 
 
procedure.
 
 
(6)
In this section—
 
 
“relevant authority” means—
 
 
(a)
a strategic authority;
40

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—
5
 
(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
10
 
under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that
 
 
Act).
 
53
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
15
 
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—
20
 
(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—
25
 
(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.
30
 
(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
35
 
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;
40

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.
5
 
(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
10
 
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
15
 
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
20
 
authority;
 
 
(c)
the Mayor of London;
 
 
(d)
a GLA functional body;
 
 
“relevant legislation” means—
 
 
(a)
this Act,
25
 
(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
30
 
Act)
 

Protection of functions

 
54
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
35
 
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 .
40

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,
5
 
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;
10
 
(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

15

Chapter 1

 

Reorganisation , governance and elections

 

Reorganisation

 
55
Single tiers of local government
 
 
Schedule 24 makes provision about arrangements relating to single tiers of
20
 
local government.
 
56
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—
25
 
“(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.”;
30
 
(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 ;
35

Page 60

 
“combined county authority” means a combined county
 
 
authority established under section 9 (1) of the
 
 
Levelling-up and Regeneration Act 2023 .”
 

Governance

 
57
Local authority governance and executives
5
 
Schedule 25 contains provision about local authority governance and
 
 
executives.
 
58
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
10
 
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
15
 
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
20
 
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.
25
 
(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—
30
 
“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.
 

Page 61

Elections

 
59
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

5

Assets of community value

 
 
60
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
10
 
value in England, and related minor and consequential amendments.
 

Part 4

 

Local audit

 
61
Establishment of Local Audit Office
 
 
(1)
In the Local Audit and Accountability Act 2014, after Part 1 insert—
15

Part 1A

 
 
The Local Audit Office
 
1A
Establishment and constitution
 
 
(1)
A body corporate called the Local Audit Office is established.
 
 
(2)
Schedule 1A makes provision about the Office, including provision
20
 
about its constitution and proceedings.
 
1B
Main objective
 
 
(1)
The main objective of the Local Audit Office in performing its functions
 
 
is to secure the effective operation of the system of audit established
 
 
by this Act, with a view to meeting the needs of users of the audited
25
 
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
30
 
carry out such audits.
 

Page 62

1C
Financial matters
 
 
(1)
The Secretary of State may pay grants to the Local Audit Office.
 
 
(2)
The Office must, on request by the Secretary of State, provide estimates
 
 
of its income and expenditure.
 
 
(3)
The Office may charge a person a fee for the exercise in relation to that person
5
 
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 .
10
 
(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.
15
 
(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.
20
1D
Oversight and intervention by Secretary of State
 
 
(1)
The Local Audit Office must exercise its functions in accordance with
 
 
any direction, and having regard to any guidance, given to it by the
 
 
Secretary of State.
 
 
(2)
The Office must comply with any written request by the Secretary of
25
 
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
30
 
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.”
35
 
(2)
Schedule 28 makes further provision about the Local Audit Office (including
 
 
the insertion of the Schedule 1A referred to above).
 

Page 63

62
Local audit providers: registration and public provision
 
 
(1)
In the Local Audit and Accountability Act 2014, after Part 2 insert—
 

Part 2A

 
 
Providers of audit services
 
6A
Local audit register
5
 
(1)
The Local Audit Office must secure that there is at least one public
 
 
register of individuals and firms who are (by virtue of their
 
 
registration) entitled to carry out audits in accordance with this Act.
 
 
(2)
It may do so by—
 
 
(a)
keeping a register itself, or
10
 
(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—
15
 
“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—
20
 
(a)
applications for registration in a local audit register;
 
 
(b)
entry in such a register;
 
 
(c)
remaining in such a register.
 
6B
External registration bodies
 
 
(1)
The Local Audit Office may designate a body as an external registration
25
 
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 ,
30
 
(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
35
 
lead partners (see in particular Schedule 1C ) will be
 
 
fair, reasonable, and fit for purpose.
 
 
(2)
The Office—
 

Page 64

 
(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.
5
 
(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.
10
 
(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;
15
 
(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
20
 
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.
25
 
(7)
Schedule 1B makes further provision about external registration bodies,
 
 
including provision for the enforcement of their duties.
 
6C
Eligibility and regulation of registered providers
 
 
(1)
The body that keeps a local audit register must comply with the
 
 
requirements of Schedule 1C (which sets out requirements in
30
 
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).
35
 
(3)
An agreement under section 6B (5) (a) may, accordingly, include terms
 
 
supplementing those requirements or imposing additional
 
 
requirements.
 
6D
Professional qualifications
 
 
In Schedule 1D —
40

Page 65

 
(a)
Part 1 sets out certain requirements as to professional
 
 
qualification referred to in Schedule 1C , and
 
 
(b)
Part 2 makes provision about bodies offering qualifications
 
 
referred to in Part 1 .
 
6E
Powers of Local Audit Office to facilitate provision by firms
5
 
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
10
 
audit provider that carries out audits under this Act.
 
6F
Scrutiny of Local Audit Office as audit provider
 
 
(1)
This section applies if the Local Audit Office decides that it is to carry
 
 
out audits under this Act.
 
 
(2)
The Office must put in place arrangements under which its audit
15
 
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
20
 
to above.
 
63
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

25
 
Appointment etc of local auditors: authorities other than health
 
 
service bodies
 
6G
Local Audit Office to appoint auditor
 
 
(1)
This section applies in relation to a relevant authority other than a
 
 
health service body.
30
 
(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.
 

Page 66

 
(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.
5
6H
Further provision about appointments
 
 
(1)
A single appointment may be made for multiple financial years.
 
 
(2)
An appointment must be made before the beginning of the financial
 
 
year (or the first of the financial years) to which it relates.
 
 
(3)
The appointment of a registered local audit provider is to be on terms
10
 
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.
15
 
(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
20
 
(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
25
 
requirement).
 
6I
Procedure for appointment
 
 
(1)
Before making an appointment, the Local Audit Office must inform
 
 
the relevant authority of the person it proposes to appoint and give
 
 
the authority a reasonable opportunity to make representations.
30
 
(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
35
 
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.
5
6J
Resignation and removal
 
 
(1)
If the Local Audit Office is appointed, it may resign from the
 
 
appointment by giving written notice to the relevant authority
 
 
concerned.
 
 
(2)
If a registered local audit provider is appointed, the terms of the
10
 
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)
15
 
applies again in relation to the relevant authority concerned.
 
 
(4)
But if the timing of the resignation or removal makes it impracticable
 
 
for section 6H (2) to be complied with, the new appointment must
 
 
instead be made as soon as practicable.
 
6K
Audit fees
20
 
(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).
25
 
(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
30
 
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.”
35

Page 68

64
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.
5
 
(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
10
 
(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
15
 
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
20
 
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
25
 
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
30
 
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.”
35
65
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.
 

Page 69

 
(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
5
 
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”.
10
 
(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
15
 
(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.”
20
 
(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,
25
 
(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.”
30
 
(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
35
 
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.
40

Page 70

66
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
5
 
(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
10
 
authority designated by the authority as its audit committee,
 
 
or
 
 
(b)
in any other case, a group of individuals appointed by the
 
 
relevant authority.
 
 
(3)
The functions referred to in subsection (1) (b) are—
15
 
(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
20
 
discharging the authority’s functions, and
 
 
(d)
making reports and recommendations to the authority in
 
 
relation to reviews conducted under paragraphs (a) , (b) and
 
 
(c) .
 
 
(4)
The Secretary of State may by regulations provide for an enactment
25
 
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;
30
 
(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
35
 
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—
40

Page 71

 
(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
5
 
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
10
 
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.”
 
67
Smaller authorities: change of terminology
15
 
(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
20
 
is to be read, in relation to matters arising after this section comes into force,
 
 
as a reference to a category 2 authority.
 
 
68
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
25
 
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,
30
 
(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.
35
 
(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).
 

Page 72

 
(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.
 
69
Amendment paving way for separation of LGPS accounts
 
 
In section 20 of the Local Audit and Accountability Act 2014 (general duties
5
 
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
10
 
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.”
15
70
Minor and consequential amendments
 
 
Schedule 30 makes further amendments in connection with local audit.
 

Part 5

 

Business tenancies: prohibited terms relating to rent

 
71
Rent reviews and “put options”: prohibited terms
20
 
(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.”
25
 
(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

 
72
Interpretation
30
 
(1)
In this Act—
 
 
“area of competence” has the meaning given in section 2 ;
 
 
“category of strategic authorities” means each of the following—
 

Page 73

 
(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;
5
 
“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;
10
 
“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;
15
 
“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
20
 
and Construction Act 2009;
 
 
“legislation” means—
 
 
(a)
an Act of Parliament, or
 
 
(b)
secondary legislation;
 
 
“LGA 1972” means the Local Government Act 1972;
25
 
“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
30
 
mayoral CCA, that is an established mayoral strategic authority,
 
 
or
 
 
(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
35
 
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;
40
 
“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;
 

Page 74

 
“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
5
 
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
10
 
area does not form part of the area of a county council;
 
73
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
15
 
(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—
20
 
(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
25
 
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—
30
 
(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
35
 
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.
 

Page 75

74
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.
5
 
(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.
10
75
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;
15
 
(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.
20
 
(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
25
 
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.
30
 
(7)
This section does not apply to regulations under section 78 .
 
76
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
35
 
(b)
any increase attributable to the Act in the sums payable under or by virtue
 
 
of any other Act out of money so provided.
 

Page 76

77
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.
5
 
(4)
But section 23 and Schedule 5 extend to England and Wales only.
 
78
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;
10
 
(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);
15
 
(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);
20
 
(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);
25
 
(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
30
 
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);
35
 
(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);
40

Page 77

 
(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);
5
 
(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)
10
 
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);
15
 
(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);
20
 
(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);
25
 
(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);
30
 
(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
35
 
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);
40
 
(u)
section 54 (prohibition of secondary legislation removing functions);
 
 
(v)
section 55 (and Schedule 24 ) (single tiers of local government);
 

Page 78

 
(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
5
 
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
10
 
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
15
 
different provision for different purposes or areas.
 
 
(10)
Regulations under this section are to be made by statutory instrument.
 
79
Short title
 
 
This Act may be cited as the English Devolution and Community
 
 
Empowerment Act 2025.
20

Page 79

Schedules

 
 
Schedule 1
Section 4
 

Establishment, expansion and functions of combined authorities and CCAs

 

Part 1

 

Combined authorities

5
 
1
LDEDCA 2009 is amended as follows.
 
 
2
In section 104 (constitution and functions: transport)—
 
 
(a)
in subsection (10)—
 
 
(i)
in the opening words, for “section 107ZA(7)” substitute
 
 
“subsections (10A), (11B) and (12)”;
10
 
(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—
15
 
“(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
20
 
“constituent council”, in relation to a combined authority, means—”;
 
 
(d)
omit subsection (11A).
 
 
3
In section 104A (non-constituent members of a combined authority), omit
 
 
subsection (7).
 
 
4
In section 105 (constitution and functions: local authority functions
25
 
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))”;
30
 
(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
35
 
State in accordance with section 112A (proposal for changes
 
 
to existing combined arrangements - locally led).”;
 

Page 80

 
(c)
in subsection (3B), after “is” insert “also”.
 
 
5
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
5
 
only if—
 
 
(a)
a proposal for the making of the order in relation to
 
 
the combined authority has been submitted to the
 
 
Secretary of State in accordance with section 112A,
 
 
or
10
 
(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—
15
 
(a)
each constituent council consents, and
 
 
(b)
the combined authority consents.”;
 
 
(c)
omit subsections (3) to (5);
 
 
(d)
omit subsection (12).
 
 
6
In section 106 (changes to boundaries of a combined authority’s area), omit
20
 
subsections (3A) to (3D).
 
 
7
In section 107 (dissolution of a combined authority’s area), omit subsections
 
 
(2) and (3).
 
 
8
In section 107ZA (designation of key route network roads)—
 
 
(a)
omit subsections (7) and (8);
25
 
(b)
in subsection (9), omit the definitions of “constituent council” and
 
 
“eligible power”.
 
 
9
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
30
 
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)).
35
 
(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—
40

Page 81

 
(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—
5
 
(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
10
 
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.”
15
 
10
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
20
 
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
25
 
(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—
30
 
“(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).”
 
 
11
In section 107DA (procedure for direct conferral of general functions on
35
 
mayor), omit subsection (5).
 
 
12
In section 107EB (section 107EA orders: procedure), in subsection (12), omit
 
 
the definition of “constituent councils”.
 
 
13
In section 109A (proposal for new combined authority)—
 
 
(a)
in the heading, at the end insert “(locally led)”;
40

Page 82

 
(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—
5
 
(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).
10
 
14
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.
15
 
(2)
At the time the Secretary of State starts to prepare the proposal—
 
 
(a)
no relevant proposals have been submitted to the Secretary
 
 
of State in relation to any of the local government areas (or
 
 
parts of those areas) that would comprise the proposed area,
 
 
or
20
 
(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.
25
 
(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
30
 
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
35
 
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.
 

Page 83

 
(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
5
 
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) .”
 
 
15
For section 110 substitute—
10
 
“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
15
 
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
20
 
authority - locally led), with or without modifications,
 
 
(b)
implement a proposal of which notice was given under
 
 
section 109B (proposal for new combined authority -
 
 
Secretary of State directed), with or without modifications,
 
 
or
25
 
(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
30
 
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
35
 
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
40
 
about—
 

Page 84

 
(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
5
 
whether to make an order establishing a combined authority for an
 
 
area and—
 
 
(a)
part of the area is separated from the rest of it by one or
 
 
more local government areas that are not within the area,
 
 
or
10
 
(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
15
 
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
20
 
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;
25
 
“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
30
 
it appropriate to consult.”
 
 
16
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”;
35
 
(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);
40
 
(c)
section 105A (other public authority functions);
 
 
(d)
section 106 (changes to boundaries);
 

Page 85

 
(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
5
 
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
10
 
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
15
 
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
20
 
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.”;
25
 
(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 .”
30
 
17
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
35
 
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—
40

Page 86

 
(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.
5
 
(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
10
 
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
15
 
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—
20
 
(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,
25
 
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
30
 
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
35
 
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
40
 
it has been added to the area;
 
 
“statutory test” has the meaning given by section 110 (6) .
 

Page 87

 
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.
5
 
(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
10
 
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
15
 
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
20
 
(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.
25
 
(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) .”
 
 
18
For section 113 substitute—
30
 
“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,
35
 
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);
40

Page 88

 
(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).
5
 
(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
10
 
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
15
 
(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
20
 
(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
25
 
110 (6) .”
 
 
19
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
30
 
(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”—
35
 
(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.
40

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
5
 
(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
10
 
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
15
 
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
20
 
(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—
25
 
(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
30
 
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
35
 
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—
40

Page 90

 
(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
5
 
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
10
 
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
15
 
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;
20
 
(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
25
 
(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;
30
 
(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
35
 
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;
40
 
(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)
5
 
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
10
 
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
15
 
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;
20
 
(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—
25
 
(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
30
 
the area of the combined authority;
 
 
(b)
a unitary district council whose area is within the area of
 
 
the combined authority.”
 
 
20
In section 113D (general power of competence)—
 
 
(a)
in subsection (2), omit “(as defined by section 107B(5))”;
35
 
(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

 
 
21
LURA 2023 is amended as follows.
5
 
22
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
10
 
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
15
 
arrangements relating to CCA - locally led).”;
 
 
(c)
omit subsection (9).
 
 
23
In section 16 (funding)—
 
 
(a)
in subsection (2)—
 
 
(i)
in the opening words, for “a CCA” substitute “an existing
20
 
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
25
 
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).”
 
 
24
In section 18 (local authority functions)—
 
 
(a)
in subsection (6)—
30
 
(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—
35
 
“(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).”
 
 
25
In section 20 (section 19 regulations: procedure)—
40

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
5
 
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”;
10
 
(d)
in subsection (8)(b), omit “in the case of regulations in relation to
 
 
an existing CCA,”.
 
 
26
In section 21 (integrated transport authority and passenger transport
 
 
executive)—
 
 
(a)
in subsection (5)—
15
 
(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—
20
 
“(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).”
 
 
27
In section 22 (directions relating to highways and traffic functions)—
25
 
(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
30
 
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
35
 
existing arrangements relating to CCA - locally led).”
 
 
28
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”.
 
 
29
In section 25 (changes to boundaries of a CCA’s area), omit subsections (6)
40
 
to (10).
 

Page 94

 
30
In section 26 (dissolution of a CCA’s area), omit subsection (4).
 
 
31
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
5
 
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
10
 
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
15
 
(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
20
 
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
25
 
implements a proposal that the Secretary of State is satisfied that
 
 
the constituent councils and the CCA have consented to in principle.”
 
 
32
In section 30 (functions of mayors: general)—
 
 
(a)
for subsection (11) substitute—
 
 
“(11)
Regulations under this section may be made in relation to
30
 
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
35
 
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—
5
 
“(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).”
10
 
33
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—
15
 
“(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
20
 
consult.”;
 
 
(d)
omit subsection (7).
 
 
34
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
25
 
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
30
 
parts of those areas) that would comprise the proposed area,
 
 
or
 
 
(b)
a relevant proposal has been so submitted but the Secretary
 
 
of State does not consider it to be a viable proposal.
 
 
(3)
A “relevant proposal” is a proposal—
35
 
(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.
5
 
(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—
10
 
(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
15
 
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
20
 
to be established;
 
 
“statutory test” has the meaning given by section 46 (6) .”
 
 
35
For section 46 substitute—
 
“46
Requirements in connection with establishment of CCA
 
 
(1)
The Secretary of State may make regulations establishing a CCA
25
 
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—
30
 
(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
35
 
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.
40

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
5
 
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
10
 
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.
15
 
(8)
Subsection (9) applies where the Secretary of State is considering
 
 
whether to make regulations establishing a CCA for an area and—
 
 
(a)
part of the area is separated from the rest of it by one or
 
 
more local government areas that are not within the area,
 
 
or
20
 
(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
25
 
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
30
 
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;
35
 
“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
40
 
it appropriate to consult.”
 

Page 98

 
36
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”;
5
 
(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);
10
 
(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);
15
 
(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—
20
 
“(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—
25
 
“(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
30
 
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—
35
 
“(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
40
 
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 .”
 
 
37
After section 47 insert—
5
 
“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.
10
 
(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
15
 
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
20
 
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
25
 
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
30
 
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—
35
 
(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,
40
 
(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.
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
(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.
35
 
(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

 
38
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,
5
 
and
 
 
(b)
any consultation required by subsection (3) or (4) has been
 
 
carried out.
 
 
(2)
The relevant sections are—
 
 
(a)
section 10 (constitutional arrangements);
10
 
(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);
15
 
(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
20
 
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.
25
 
(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
30
 
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;
35
 
(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) .”
40

Page 102

 
39
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
5
 
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
10
 
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—
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
(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.
40

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
5
 
(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
10
 
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” —
15
 
(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
20
 
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;
25
 
(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,
30
 
(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
35
 
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
40
 
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;
5
 
(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,
10
 
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)
15
 
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;
20
 
(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—
25
 
(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.”
 
 
40
In section 52 (general power of competence)—
 
 
(a)
in subsection (2) omit “(as defined by section 28(4)”;
30
 
(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
35
 
CCA, the CCA.”
 

Page 105

 
Schedule 2
Section 6
 

Decision-making and exercise of functions

 

Planning and Compulsory Purchase Act 2004

 
 
1
The provisions of the Planning and Compulsory Purchase Act 2004 referred
 
 
to in paragraphs 2 to 4 are inserted by section 52 of the Planning and
5
 
Infrastructure Act 2025.
 
 
2
In section 12A of the Planning and Compulsory Purchase Act 2004 (spatial
 
 
development strategy to be produced by strategic planning authorities),
 
 
after subsection (3) insert—
 
 
“(3A)
Where there is a mayor for the area of a combined authority or
10
 
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.”
 
 
3
(1)
Section 12L of the Planning and Compulsory Purchase Act 2004 (adoption
 
 
of spatial development strategy) is amended in accordance with this
15
 
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
20
 
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
25
 
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
30
 
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
35
 
(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
5
 
(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;
10
 
(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—
15
 
“(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
20
 
(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
25
 
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—
30
 
(a)
a constituent member, or
 
 
(b)
the mayor,
 
 
and also includes the deputy mayor acting in place of the
 
 
mayor.”
 
 
4
In section 12X of the Planning and Compulsory Purchase Act 2004
35
 
(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
40
 
authority that is not a mayoral combined county authority;”
 

Page 107

Local Government and Housing Act 1989

 
 
5
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
5
 
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
10
 
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
15
 
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,
20
 
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
25
 
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
30
 
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;
35
 
(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
40
 
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

 
 
6
(1)
Section 101 of LGA 1972 (arrangements for discharge of functions by local
5
 
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
10
 
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
15
 
(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
20
 
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
25
 
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

 
 
1
After Schedule 2 to LURA 2023 insert—
 
 
“Schedule 2A
Section 29A
5

Commissioners

 

Application of Schedule

 
 
1
This Schedule applies to commissioners appointed by the mayor
 
 
for the area of a CCA (see section 29A ).
 

Persons ineligible for appointment

10
 
2
(1)
The appointment of an ineligible person as a commissioner is of
 
 
no effect.
 
 
(2)
The appointment of a person ceases to have effect if a person
 
 
becomes ineligible after appointment as a commissioner.
 
 
(3)
For the purposes of this paragraph a person is “ineligible” if the
15
 
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
20
 
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,
25
 
or in the qualifications of a person appointed as a commissioner,
 
 
does not affect the validity of anything done by the person as
 
 
commissioner.
 

Terms and conditions of appointment

 
 
3
(1)
The mayor must determine the terms and conditions of a person’s
30
 
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

 
 
4
(1)
The terms and conditions must provide for the person’s work as
 
 
commissioner to relate to one of the areas of competence (the
 
 
commissioner’s “special” area of competence).
 
 
(2)
This paragraph does not prevent a person’s work as a
5
 
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
10
 
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—
15
 
(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).
20

Only one commissioner for each area of competence

 
 
5
The appointment of a person as a commissioner (the “invalid
 
 
appointment”) is of no effect if (in the absence of this paragraph),
 
 
at any particular time—
 
 
(a)
the person would be serving as commissioner in relation
25
 
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
30
 
same CAA before, or at the same time as, the invalid
 
 
appointment.
 

Duration of appointment

 
 
6
(1)
The terms and conditions must provide for a person’s
 
 
appointment as a commissioner to end on or before the last day
35
 
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—
5
 
(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.
10
 
(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

15
 
7
(1)
The power of the mayor to arrange under section 30(3) (ba) for a
 
 
commissioner to exercise a function is subject to this paragraph.
 
 
(2)
The mayor may not arrange for a commissioner to exercise—
 
 
(a)
any function of approving—
 
 
(i)
a local growth plan under section 32A ,
20
 
(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
25
 
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);
30
 
(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
35
 
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.
40
 
(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

 
 
8
(1)
A CCA may—
5
 
(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—
10
 
(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
15
 
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
20
 
is specified, or of a description specified, in regulations made by
 
 
the Secretary of State for the purposes of this paragraph.
 

Termination of appointment

 
 
9
It is the mayor for the area of a CCA who may terminate (in
 
 
accordance with the terms and conditions of the appointment)
25
 
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

 
 
10
(1)
The power which the CCA’s overview and scrutiny committee
 
 
has (or its overview and scrutiny committees have between them)
30
 
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
35
 
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
 
(5)
In this paragraph “non-mayoral members”, in relation to a CCA,
 
 
means the members of the CCA other than the mayor.
 

Powers of appointment and termination exercisable on behalf of the CCA

 
 
11
(1)
The powers to make and terminate the appointment of a person
 
 
as a commissioner are (by virtue of section 30 (1A) ) powers of the
10
 
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;
15
 
(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).
20

Guidance

 
 
12
(1)
The Secretary of State may issue guidance about the selection or
 
 
appointment of commissioners.
 
 
(2)
The mayors for the areas of CCAs must take account of any such
 
 
guidance.
25
 
(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
30
 
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
35
 
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.”
5
 
2
In section 252 of LURA 2023 (regulations), in subsection (8), after paragraph
 
 
(k) insert—
 
 
“(l)
under Schedule 2A .”
 

Schedule 5BA to LDEDCA 2009

 
 
3
After Schedule 5B to LDEDCA 2009 insert—
10
 
“Schedule 5BA
Section 107CA
 

Commissioners

 

Application of Schedule

 
 
1
This Schedule applies to commissioners appointed by the mayor
 
 
for the area of a combined authority (see section 107CA ).
15

Persons ineligible for appointment

 
 
2
(1)
The appointment of an ineligible person as a commissioner is of
 
 
no effect.
 
 
(2)
The appointment of a person ceases to have effect if a person
 
 
becomes ineligible after appointment as a commissioner.
20
 
(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
25
 
(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 .
30
 
(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

 
 
3
(1)
The mayor must determine the terms and conditions of a person’s
 
 
appointment as a commissioner.
 
 
(2)
But that is subject to the provisions of this Schedule.
 

Commissioner to work in only one area of competence

5
 
4
(1)
The terms and conditions must provide for the person’s work as
 
 
commissioner to relate to one of the areas of competence (the
 
 
commissioner’s “special” area of competence).
 
 
(2)
This paragraph does not prevent a person’s work as a
 
 
commissioner from relating incidentally—
10
 
(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)
15
 
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
20
 
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).
25

Only one commissioner for each area of competence

 
 
5
The appointment of a person as a commissioner (the “invalid
 
 
appointment”) is of no effect if (in the absence of this paragraph),
 
 
at any particular time—
 
 
(a)
the person would be serving as commissioner in relation
30
 
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
35
 
same combined authority before, or at the same time as,
 
 
the invalid appointment.
 

Page 116

Duration of appointment

 
 
6
(1)
The terms and conditions must provide for a person’s
 
 
appointment as a commissioner to end on or before the last day
 
 
of the relevant term of office of the mayor making the
 
 
appointment.
5
 
(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
10
 
(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
15
 
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
20
 
to which, the appointment is made.
 

Limitation on delegation of functions

 
 
7
(1)
The power of the mayor to arrange under section 107D(3) (ba) for
 
 
a commissioner to exercise a function is subject to this paragraph.
 
 
(2)
The mayor may not arrange for a commissioner to exercise—
25
 
(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
30
 
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
35
 
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.
40
 
(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
 
(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.
10

Allowances

 
 
8
(1)
A combined authority may—
 
 
(a)
make a scheme providing for the payment of allowances
 
 
to commissioners appointed by the mayor for the area of
 
 
the combined authority, and
15
 
(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
20
 
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
25
 
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.
30

Termination of appointment

 
 
9
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
35
 
a successor).
 

Role of overview and scrutiny committees

 
 
10
(1)
The power which the combined authority’s overview and scrutiny
 
 
committee has (or its overview and scrutiny committees have
 

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
5
 
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.
10
 
(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
15
 
authority other than the mayor.
 

Powers of appointment and termination exercisable on behalf of the combined

 

authority

 
 
11
(1)
The powers to make and terminate the appointment of a person
 
 
as a commissioner are (by virtue of section 107D (1A) ) powers of
20
 
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
25
 
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
30
 
same meanings as in the Employment Rights Act 1996 (see section
 
 
230 of that Act).
 

Guidance

 
 
12
(1)
The Secretary of State may issue guidance about the selection or
 
 
appointment of commissioners.
35
 
(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.
40

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.
5
 
(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
10
 
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
15
 
account of any such guidance.”
 
 
Schedule 4
Section 20
 

Extension of the general power of competence

 

Introduction

 
 
1
The Localism Act 2011 is amended in accordance with this Schedule.
20

Amendment of section 1

 
 
2
(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
25
 
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).”
30

Amendment of section 2

 
 
3
(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.
5
 
(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
10
 
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.”.
15
 
(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
20
 
“, 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
25
 
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
30
 
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
35
 
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
40
 
(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
5
 
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
10
 
section 20 of the English Devolution and Community
 
 
Empowerment Act 2025.”
 

Amendment of section 3

 
 
4
In section 3 (limits on charging in exercise of general power), in subsection
 
 
(1)(a), after “local authority” insert “, combined authority or CCA”.
15

Amendment of section 4

 
 
5
(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”.
20

Amendment of section 5

 
 
6
(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”.
25
 
(3)
In subsection (5)(c), after “local authority” insert “, combined authority or
 
 
CCA”.
 

Amendment of section 8

 
 
7
(1)
Section 8 (interpretation) is amended in accordance with this paragraph.
 
 
(2)
Before the definition of “the general power” insert—
30
 
““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;”.
35

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
5
 
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;
10
 
“non-mayoral combined authority” means a combined authority that
 
 
is not a mayoral combined authority;”
 
 
Schedule 5
Section 23
 

Providers of micromobility vehicles

 
 
1
(1)
The Road Traffic Regulation Act 1984 is amended in accordance with this
15
 
paragraph .
 
 
(2)
After Part 2 insert—
 

Part 2A

 

Licensing of providers of micromobility vehicles in England

 
22E
Provision of micromobility vehicles must be licensed
20
 
(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
25
 
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—
30
 
(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
35

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.
5
 
(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—
10
 
(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
15
 
(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,
20
 
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—
25
 
(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
30
 
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
35
 
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;
5
 
(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
10
 
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
15
 
(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
20
 
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
25
 
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
30
 
(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
35
 
(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.
 

Page 125

 
(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
5
 
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
10
 
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
15
 
(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.
20
 
(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
25
 
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
30
 
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—
35
 
(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—
5
 
(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)
10
 
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
15
 
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
20
 
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
25
 
this Part);
 
 
“officer” , in relation to a body corporate, means—
 
 
(a)
a director, manager, secretary or other similar officer,
 
 
or
 
 
(b)
any person purporting to act in any such capacity;
30
 
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,
35
 
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.
40
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,
5
 
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;
10
 
(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.
15
 
(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;
20
 
“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;
25
 
“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—
30
 
(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.”
35

Page 128

 
(3)
Before Schedule 4 insert—
 
 
“Schedule 3A
Section 22H
 

Licensing of provision of micromobility vehicles

 

Introduction

 
 
1
This Schedule is about the provision that may (or must) be made
5
 
by regulations under section 22H .
 

Licence conditions

 
 
2
(1)
The regulations may make provision about conditions that must
 
 
be included, or must not be included, in a licence.
 
 
(2)
The regulations may enable a licensing authority to include other
10
 
conditions in a licence.
 

Duration, renewal, suspension and revocation of licence

 
 
3
(1)
The regulations may make provision about the duration, renewal,
 
 
suspension or revocation of a licence.
 
 
(2)
That includes provision which gives the Secretary of State the
15
 
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.
20

Variation and transfer of licence

 
 
4
(1)
The regulations may make provision about the variation of a
 
 
licence.
 
 
(2)
The regulations may make provision about the transfer of a licence
 
 
to a different licensee.
25

Licence applications etc: process

 
 
5
(1)
Regulations may make provision about the process for applying
 
 
for a licence, and for renewing, varying or transferring a licence.
 
 
(2)
The regulations may—
 
 
(a)
require a licensing authority to be satisfied as to a matter
30
 
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.
35

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
5
 
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
10
 
purposes of deciding an application, but may not give the
 
 
licensing authority any power of entry.
 
 
6
(1)
Regulations may make provision about the process for suspending
 
 
or revoking a licence.
 
 
(2)
The regulations may—
15
 
(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
20
 
suspend or revoke a licence.
 

Monitoring

 
 
7
(1)
The regulations may make provision about the issue by a licensing
 
 
authority to a provider of micromobility vehicles of—
 
 
(a)
a contravention notice, in a case where the authority
25
 
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
30
 
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
35
 
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,
40
 
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

 
 
8
(1)
The regulations may enable a licensing authority to impose a
 
 
financial penalty in relation to—
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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;
30
 
(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.
35
 
(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
40
 
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

5
 
9
(1)
The regulations must make provision about—
 
 
(a)
reconsideration by a licensing authority of its decisions,
 
 
and
 
 
(b)
appeals to the First-tier Tribunal against decisions of a
 
 
licensing authority that have been reconsidered.
10
 
(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;
15
 
(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—
20
 
(a)
requesting the reconsideration of a decision, and
 
 
(b)
bringing an appeal against a decision.
 

Fees

 
 
10
(1)
The regulations may enable a licensing authority to create a
 
 
charging scheme under which the authority may charge fees to
25
 
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;
30
 
(b)
to publish its charging scheme.
 

Offences

 
 
11
The regulations may provide that a person is guilty of an offence
 
 
if they—
 
 
(a)
knowingly or recklessly provide false information to a
35
 
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
5
 
; 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
10
 
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
15
 
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) .”
 
 
2
(1)
The Road Traffic Offenders Act 1988 is amended in accordance with this
20
 
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—
25
 
“RTRA
 
 
Providing
 
 
Summarily
 
 
A fine”.
 
 
section 22E (1)
 
 
mobility
 
 
or (2)
 
 
vehicles
 
 
without a
 
 
licence
30
 
(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
35
 
information
35
 
made by
 
 
in connection
 
 
virtue of
 
 
with a
 
 
paragraph
 
 
licence
 
 
11 (a) or (b)
 
 
application
 
 
of Schedule
40
 
or on an
40
 
3A
 
 
appeal
 

Page 133

 
against a
 
 
licensing
 
 
decision
 
 
Regulations
 
 
Providing
 
 
Summarily
 
 
A fine”.
 
 
under RTRA
5
 
false
5
 
section
 
 
information
 
 
22J (2) (b)
 
 
about
 
 
provision of
 
 
micromobility
 
 
vehicles to
10
 
the Secretary
 
 
of State or a
 
 
licensing
 
 
authority
 
 
Schedule 6
Section 24
15

Arrangements to carry out works on highways

 

Highways Act 1980: delegation of functions relating to trunk roads

 
 
1
(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)—
20
 
(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
25
 
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)—
30
 
(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”.
35
 
(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
5
 
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—
10
 
“(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.”
15
 
(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
20
 
(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
25
 
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
30
 
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.”
35
 
(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—
40

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
5
 
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,
10
 
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
15
 
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;
20
 
“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

25
 
2
(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”.
30
 
(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
35
 
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).
40
 
(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
 
(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—
10
 
“(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—
15
 
“combined authority” , “combined county authority” and
 
 
“constituent council” have the same meanings as in section
 
 
6;
 
 
“relevant constituent council” has the meaning given in
 
 
subsection (1A) ;
20
 
“upper-tier constituent council” has the same meaning as in
 
 
section 6.”
 
 
Schedule 7
Section 25
 

Civil enforcement of traffic contraventions

 
 
1
(1)
Paragraph 9 of Schedule 8 to the Traffic Management Act 2004 (civil
25
 
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
30
 
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).”
35

Page 137

 
(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
5
 
(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—
10
 
“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;
15
 
“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
20
 
(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
25
 
(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.”
30
 
2
(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—
35
 
“(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
40
 
area of the applicant authority, are also references to that
 
 
authority or CCA (in addition to references the applicant
 
 
authority).
 

Page 138

 
(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
5
 
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—
10
 
(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
15
 
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;
20
 
“CCA” , “combined authority” and “constituent council” have
 
 
the same meanings as in paragraph 9.”
 
 
Schedule 8
Section 27
 

Key route network roads

 

Part 1

25

Designation and directions

 

Designation of key route network roads: CCAs

 
 
1
(1)
Section 24 of LURA 2023 (designation of key route network roads) is
 
 
amended in accordance with this paragraph.
 
 
(2)
For subsection (1) substitute—
30
 
“(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—
35
 
(a)
that power is a power of the CCA exercisable only by the
 
 
mayor on behalf of the CCA;
 

Page 139

 
(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
5
 
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.
10
 
(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;
15
 
(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.”
20

Designation of key route network roads: combined authorities

 
 
2
(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—
25
 
(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
30
 
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
35
 
(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
 

Page 140

 
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
5
 
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
10
 
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

15
 
3
(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—
20
 
“(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
25
 
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
30
 
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
35
 
and Street Works Act 1991.”
 

Page 141

 
4
(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,
5
 
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
10
 
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.
15
 
(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.
20
 
(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
25
 
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,
30
 
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
35
 
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—
5
 
(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
10
 
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
15
 
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”
20
 
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).
25
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.
30
 
(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
35
 
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
40
 
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.
5
 
(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
10
 
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
15
 
works.”
 
 
(3)
In subsection (11), omit “Except as provided for by section 24(7),”.
 

Power of direction: combined authorities

 
 
5
(1)
Section 104 of LDEDCA 2009 (constitution and functions: transport) is
 
 
amended in accordance with this paragraph.
20
 
(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—
25
 
(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;
30
 
(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—
35
 
“(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;
40

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
5
 
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
10
 
(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
15
 
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
20
 
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.
25
 
(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.
30
 
(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
35
 
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
5
 
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).
10
 
(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.
15
 
(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);
20
 
(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—
25
 
(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
30
 
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;
35
 
“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,
40
 
or
 

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
5
 
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
10
 
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”
15
 
(3)
In subsection (10), omit “Except as provided for by section 107ZA(7),”
 

Consequential amendments

 
 
6
(1)
In section 107ZA LDEDCA 2009—
 
 
(a)
omit subsections (7) and (8);
 
 
(b)
in subsection (9), omit the definition of “eligible power”.
20
 
(2)
In section 107D(9), omit “Except as provided for by section 107ZA(7),”.
 
 
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),”.
25

Part 2

 

Transfer of duty of principal councils to make reports on Key Route Network

 

roads

 

Introduction

 
 
8
The Road Traffic Reduction Act 1997 is amended in accordance with this
30
 
Part of this Schedule.
 

Page 147

New duty of mayoral combined authorities and CCAs

 
 
9
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
5
 
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—
10
 
(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—
15
 
(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
20
 
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,
25
 
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
30
 
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.
35
 
(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
5
 
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
10
 
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

 
 
10
In section 1 (interpretation)—
15
 
(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,
20
 
or
 
 
(ii)
a district council whose area is within the area
 
 
of the authority;
 
 
(b)
in relation to a mayoral CCA—
 
 
(i)
a county council for an area within the area
25
 
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;
30
 
“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
35
 
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
5
 
6 of the Local Democracy, Economic Development and
 
 
Construction Act 2009 — see section 120 of that Act;”.
 
 
11
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
10
 
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

15

Transport Act 2000

 
 
1
The Transport Act 2000 is amended in accordance with paragraphs 2 to
 
 
15 .
 
 
2
In section 108 (local transport plans)—
 
 
(a)
in subsection (4)(cb), omit “established under section 9(1) of the
20
 
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
25
 
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
30
 
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
35
 
are exercisable only by the mayor acting on behalf of the
 
 
combined county authority.”
 

Page 150

 
3
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
5
 
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.”
10
 
4
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.
15
 
(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
20
 
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.
25
 
(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
30
 
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
35
 
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
40
 
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
5
 
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);
10
 
“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
15
 
mayor.”
 
 
5
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
20
 
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.”
 
 
6
In section 113F (advanced quality partnership schemes: traffic regulation
25
 
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”
30
 
substitute “local highway authority”;
 
 
(ii)
in paragraph (a), for “metropolitan district council” substitute
 
 
“local highway authority”.
 
 
7
In section 113M (variation: supplementary), in subsection (7)(a), for
 
 
“metropolitan district council” substitute “local highway authority”.
35
 
8
In section 113O (guidance about schemes), in subsection (1), for
 
 
“metropolitan district councils” substitute “local highway authorities”.
 
 
9
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”.
40
 
10
In section 121 (variation: supplementary), in subsection (7)(a), for
 
 
“metropolitan district council” substitute “local highway authority”.
 

Page 152

 
11
In section 123 (guidance about schemes), in subsection (1), for “metropolitan
 
 
district councils” substitute “local highway authorities”.
 
 
12
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”;
5
 
(b)
in subsection (5), for “metropolitan district council” substitute “local
 
 
highway authority”.
 
 
13
In section 138N (variation: supplementary), in subsection (7)(a), for
 
 
“metropolitan district council” substitute “local highway authority”.
 
 
14
In section 146 (mandatory concessions: supplementary), in the definition
10
 
of “travel concession authority”, after paragraph (c) insert—
 
 
“(cza)
a combined authority,
 
 
(czb)
a combined county authority,”.
 
 
15
In section 162 (interpretation of Part 2), in subsection (1), in the appropriate
 
 
place insert—
15
 
““local highway authority” has the meaning given in section 329(1) of
 
 
the Highways Act 1980,”.
 

Transport Act 1985

 
 
16
The Transport Act 1985 is amended in accordance with paragraphs 17 to
 
 
20 .
20
 
17
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”;
25
 
(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
30
 
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
35
 
(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

 
18
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
5
 
references to the combined authority or the combined county
 
 
authority (instead of to the council).”
 
 
19
In section 88 (expenditure on public passenger transport services), in
 
 
subsection (8) —
 
 
(a)
omit the “and” at the end of paragraph (b) ,
10
 
(b)
after that paragraph insert—
 
 
“(ba)
combined authorities,
 
 
(bb)
combined county authorities, and”.
 
 
20
In section 105 (travel concessions on services provided by local authorities)—
 
 
(a)
in subsection (1) , after “Scotland” insert “, or a combined authority
15
 
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

20
 
1
The Apprenticeships, Skills, Children and Learning Act 2009 is amended
 
 
in accordance with this Schedule.
 
 
2
(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—
25
 
“(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
30
 
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
35
 
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
5
 
strategic authority, the council’s area;”
 
 
(4)
In subsection (7), after “subsection (1)(a) or (b)” insert “or (1A) (a) ”.
 
 
3
(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—
10
 
“(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
15
 
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
20
 
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;
25
 
(c)
in relation to a district council or county council that is a
 
 
strategic authority, the council’s area;”
 
 
4
(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”.
30
 
(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
35
 
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.”
5
 
5
(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,
10
 
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;
15
 
(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
20
 
Part for such persons.”
 
 
(3)
In subsection (2), after “subsection (1)(b)” insert “or (1A) (b) ”.
 
 
6
(1)
Section 100 (provision of financial resources) is amended in accordance
 
 
with this paragraph.
 
 
(2)
In subsection (1)—
25
 
(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”.
30
 
(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—
35
 
“(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;
40

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—
5
 
(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”
10
 
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”.
15
 
(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—
20
 
(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 ;
25
 
“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
30
 
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.”
 
 
7
(1)
Section 101 (financial resources: conditions) is amended in accordance with
35
 
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”—
40
 
(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).
 
 
8
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
5
 
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.”
 
 
9
After section 114 insert—
10

“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
15
 
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
20
 
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.”
 
 
10
In section 115 (persons with special educational needs), for subsections (1)
 
 
and (2) substitute—
25
 
“(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
30
 
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
35
 
under 25 for whom an EHC plan is maintained;
 
 
(b)
persons who are subject to adult detention.”
 
 
11
(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
5
 
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;”.
10
 
(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
15
 
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
20
 
training.”
 
 
12
(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—
25
 
“(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;”.
30
 
(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
35
 
4,”.
 

Page 159

 
Schedule 11
Section 31
 

Planning applications of potential strategic importance

 
 
1
(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)—
5
 
(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);
10
 
(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”;
15
 
(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—
20
 
“(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”;
25
 
(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;
30
 
(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
35
 
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”;
40

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”;
5
 
(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)—
10
 
(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”;
15
 
(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”;
20
 
(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

25
 
1
(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—
30
 
“(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.”;
35
 
(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
5
 
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)—
10
 
(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
15
 
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);
20
 
(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)—
25
 
(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
30
 
it is made, by each relevant local planning authority,
 
 
or
 
 
(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.”;
35
 
(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.
5
 
(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
10
 
(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,
15
 
(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
20
 
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)—
25
 
(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
30
 
“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”;
35
 
(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
5
 
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
10
 
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
15
 
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”
20
 
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—
25
 
“(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,
30
 
(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,
35
 
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.”
40

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;”.
5
 
(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)—
10
 
(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
15
 
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
20
 
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;”;
25
 
(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
30
 
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

35

Planning (Hazardous Substances) Act 1990

 
 
1
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
5
 
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
10
 
of that Act).”
 

Town and Country Planning Act 1990

 
 
2
The Town and Country Planning Act 1990 is amended as follows.
 
 
3
In section 58B (duty of regard to certain heritage assets in granting
 
 
permission), as inserted by section 102(1) of the Levelling-Up and
15
 
Regeneration Act 2023, in subsection (4), after “London” insert “or the
 
 
mayor of a mayoral combined authority or mayoral combined county
 
 
authority”.
 
 
4
In section 70 (determination of applications: general considerations), in
 
 
subsection (4), in the definition of “relevant authority”, after paragraph (b)
20
 
insert—
 
 
“(ba)
the mayor of a mayoral combined authority;
 
 
(bb)
the mayor of a mayoral combined county authority;”.
 
 
5
In section 106 (planning obligations)—
 
 
(a)
in subsection (1)(d), after “Authority” insert “or, as the case may
25
 
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”;
30
 
(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
35
 
county authority”.
 
 
6
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
40
 
authority or combined county authority”.
 

Page 166

 
7
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
5
 
may be, the mayor of the combined authority or combined county
 
 
authority”.
 
 
8
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—
10
 
(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
15
 
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”.
 
 
9
In section 303 (fees for planning applications etc)—
20
 
(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
25
 
of a combined authority or combined county authority,”;
 
 
(ii)
after “Mayor of London”, in the second place it occurs, insert
 
 
“,the mayor,”.
 
 
10
In section 305 (contributions by Ministers towards compensation paid by
 
 
local authorities), in subsection (1)(a) as amended by paragraph 20 of
30
 
Schedule 4 to the Infrastructure Act 2015, after “London” insert “, the mayor
 
 
of a combined authority or combined county authority”.
 
 
11
In section 322B (local inquiries in London: special provision as to costs in
 
 
certain cases)—
 
 
(a)
in the heading, omit “in London”;
35
 
(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
40
 
mayor”;
 
 
(ii)
in paragraph (a), for “Mayor”, the second time it occurs,
 
 
substitute “relevant mayor”;
 

Page 167

 
(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”;
5
 
(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
10
 
(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
15
 
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
20
 
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
25
 
a mayoral combined county authority, the
 
 
mayor of that authority.”
 
 
12
In section 324 (rights of entry)—
 
 
(a)
in subsection (1B), as inserted by paragraph 21 of Schedule 4 to the
 
 
Infrastructure Act 2015—
30
 
(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”;
35
 
(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”—
40
 
(a)
where the proposal is for a Mayoral development
 
 
order to be made by the Mayor of London, the Mayor
 
 
of London,
 

Page 168

 
(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
5
 
combined county authority, that mayor.”
 
 
13
(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”;
10
 
(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”.
15
 
(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
20
 
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
25
 
be, the mayor of the mayoral combined authority or mayoral
 
 
combined county authority”.
 

Self-build and Custom Housebuilding Act 2015

 
 
14
In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty
 
 
to grant planning permission etc)—
30
 
(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—
35
 
“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
40
 
Levelling-up and Regeneration Act 2023;
 

Page 169

 
“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;
5
 
“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.”
10

Housing and Planning Act 2016

 
 
15
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”;
15
 
(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).”
20

Levelling-Up and Regeneration Act 2023

 
 
16
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,”.
25
 
Schedule 14
Section 33
 

Community infrastructure levy

 
 
1
(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—
30
 
(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
35
 
authority is the charging authority for that area (in
 
 
addition to the local planning authorities),”;
 

Page 170

 
(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
5
 
(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”;
10
 
(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.
15
 
(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
20
 
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”;
25
 
(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
30
 
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
35
 
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
40
 
charging schedule, the relevant mayor has a casting
 

Page 171

 
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
5
 
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,
10
 
or
 
 
(b)
the mayor for the area of a combined county
 
 
authority established under section 9(1) of the
 
 
Levelling-up and Regeneration Act 2023.”
 
 
(4)
In section 214 (charging schedule: effect)—
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
may have).
 
 
(6C)
In this section, “relevant authority” and “relevant mayor”
 
 
have the meaning given by section 213(5).”
 

Page 172

 
Schedule 15
Section 34
 

Acquisition and development of land

 

Part 1

 

Functions of the Homes and Communities Agency (known as Homes England)

 

Introduction

5
 
1
The Housing and Regeneration Act 2008 is amended in accordance with
 
 
this Part of this Schedule.
 

Exercise of functions by strategic authorities outside London

 
 
2
In Chapter 2 of Part 1, before the italic cross-heading before section 5,
 
 
insert—
10

“Exercise of functions by strategic authorities

 
4A
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
15
 
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;
20
 
(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,
25
 
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
30
 
a reference to improving the supply of particular kinds of
 
 
housing.”
 

Various powers

 
 
3
In the following provisions, after “HCA” insert “or a strategic authority
 
 
outside London”—
35
 
(a)
section 5(1) and (2) (powers to provide housing or other land);
 

Page 173

 
(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

5
 
4
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
10
 
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”.
 
 
5
After section 9 insert—
 
 
“9A
Compulsory acquisition of land by strategic authorities outside
15
 
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
20
 
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.
25
 
(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;
30
 
(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—
35
 
(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.
 

Page 174

 
(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;
5
 
(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—
10
 
(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
15
 
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.
20
 
(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
25
 
conferred by section 9(2).”
 

Restrictions on disposal of land

 
 
6
In section 10, in subsections (1), (3) and (4), after “HCA” insert “or a strategic
 
 
authority outside London”.
 

Financial assistance

30
 
7
(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
35
 
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;
5
 
(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
10
 
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

15
 
8
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;
20
 
“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—
25
 
(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;
30
 
(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;
35
 
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);
40

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
5
 
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);”;
10
 
(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
15
 
Empowerment Act 2025,
 
 
(b)
a combined authority,
 
 
(c)
a CCA, or
 
 
(d)
the Greater London Authority;
 
 
“strategic authority outside London” means a strategic authority
20
 
other than the Greater London Authority.”
 

Acquisition of land

 
 
9
(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
25
 
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
30
 
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)”.
35
 
(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
40
 
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

 
 
10
(1)
Schedule 3 is amended in accordance with this paragraph.
 
 
(2)
In the heading, omit “by the HCA”.
5
 
(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
10
 
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”;
15
 
(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”;
20
 
(b)
in sub-paragraph (2), after “HCA” insert “or strategic authority
 
 
outside London”.
 

Powers in relation to, and for, statutory undertakers

 
 
11
(1)
Schedule 4 is amended in accordance with this paragraph.
 
 
(2)
In paragraph 1 (notice for extinguishment of rights of undertakers or for
25
 
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”.
30
 
(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”.
35
 
(4)
In paragraph 3 (effect of unopposed notice), in sub-paragraph (3), after
 
 
“HCA” insert “or strategic authority outside London”.
 

Page 178

 
(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
5
 
(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
10
 
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
15
 
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
20
 
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”;
25
 
(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)—
30
 
(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)—
35
 
(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)—
40

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),
5
 
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
10
 
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”.
15

Part 2

 

Functions of local authorities

 

Introduction

 
 
12
The Town and Country Planning Act 1990 is amended in accordance with
 
 
this Part of this Schedule.
20

Compulsory acquisition of land for development and other planning purposes

 
 
13
(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—
25
 
“(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)—
30
 
(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
35
 
strategic authority to whom this section applies (instead see subsection
 
 
(6A)).”
 

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(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—
5
 
“(8A)
In this section “strategic authority to whom this section applies”
 
 
means a combined authority or CCA.”
 
 
14
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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
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
35
 
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;
40

Page 181

 
(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

 
 
15
In section 227—
5
 
(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

 
 
16
(1)
Section 229 is amended in accordance with this paragraph.
 
 
(2)
In subsection (1), after “local authority” insert “or combined authority or
10
 
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

 
 
17
In section 230, after subsection (1) insert—
15
 
“(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.”
20

Appropriation of land held for planning purposes

 
 
18
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

 
 
19
(1)
Section 233 is amended in accordance with this paragraph.
25
 
(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”;
30
 
(b)
after paragraph (b) insert—
 
 
“(ba)
in relation to combined authorities or CCAs generally,
 
 
or combined authorities or CCAs of a particular class,
 

Page 182

 
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
5
 
CCA”.
 

Development of land held for planning purposes

 
 
20
(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
10
 
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)—
15
 
(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

20
 
21
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
25
 
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

30
 
22
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”.
35

Page 183

Interpretation of Part 9

 
 
23
In section 246, in subsection (2), after “local authority” insert “, a combined
 
 
authority or CCA”.
 

Interpretation

 
 
24
In section 336, in subsection (1)—
5
 
(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—
10
 
““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—
15
 
(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
20
 
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
25
 
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
30
 
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—
35
 
““non-mayoral CCA” has the same meaning as in the
 
 
Levelling-up and Regeneration Act 2023 (see section 57 of
 
 
that Act);
 

Page 184

 
“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

5

Introduction

 
 
1
The Housing Act 1985 is amended in accordance with this Schedule.
 

Periodical review of housing needs

 
 
2
(1)
Section 8 is amended in accordance with this paragraph.
 
 
(2)
After subsection (1) insert—
10
 
“(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
15
 
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”.
20
 
(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

25
 
3
(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
30
 
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.”
35

Page 185

 
(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”.
5

Provision of shops, recreation grounds, etc

 
 
4
(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,
10
 
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
15
 
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
20
 
the combined authority or CCA or county council itself or jointly
 
 
with another person.”
 

Acquisition of land for housing purposes

 
 
5
(1)
Section 17 is amended in accordance with this paragraph.
 
 
(2)
In subsection (1), after “local housing authority” insert “, a combined
25
 
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,
30
 
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—
35
 
“(5)
Section 17A makes provision about the exercise of the function of
 
 
acquiring land compulsorily under an authorisation under section
 

Page 186

 
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
5
 
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
10
 
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—
15
 
(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
20
 
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.
25
 
(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;
30
 
(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—
35
 
(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,
40
 
the exercise of the compulsory acquisition function requires the
 

Page 187

 
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
5
 
of acquiring land compulsorily under an authorisation under section
 
 
17(3).”
 

Duties with respect to buildings acquired for housing purposes

 
 
6
(1)
Section 18 is amended in accordance with this paragraph.
 
 
(2)
In subsection (1), after “local housing authority” insert “, a combined
10
 
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

 
 
7
In section 56 (minor definitions), in subsection (1)—
15
 
(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
20
 
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
25
 
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—
30
 
(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
35
 
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 188

 
“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
5
 
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);”;
10
 
(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
15
 
Community Empowerment Act 2025.”.
 
 
8
In section 57 (index of defined expressions)—
 
 
(a)
at the appropriate place insert—
 
 
“CCA
 
 
section 56
 
 
combined authority
20
 
section 56”;
20
 
(b)
at the appropriate place insert—
 
 
“constituent council
 
 
section 56”;
 
 
(c)
at the appropriate place insert—
 
 
“mayoral CCA
 
 
section 56
 
 
mayoral combined authority
25
 
section 56”;
25
 
(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”
30
 
section 56”.
30

Page 189

 
Schedule 17
Section 36
 

Mayoral development corporations

 

Part 1

 

Amendment of the Localism Act 2011

 

Introduction

5
 
1
The Localism Act 2011 is amended in accordance with this Part of this
 
 
Schedule.
 

Part 8

 
 
2
In the heading of Part 8, after “London” insert “and areas of other mayoral
 
 
strategic authorities”
10

Interpretation

 
 
3
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
15
 
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—
20
 
(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
25
 
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
30
 
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—
35
 
(a)
the Mayor of London,
 
 
(b)
the mayor for the area of a combined authority, or
 

Page 190

 
(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
5
 
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
10
 
(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

 
 
4
(1)
Section 197 is amended in accordance with this paragraph.
15
 
(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—
20
 
“(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,
25
 
(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
30
 
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,
35
 
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—
40
 
(a)
the constituent councils,
 

Page 191

 
(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
5
 
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
10
 
throughout which members of the public are entitled to be present.”
 

Exclusion of land from Mayoral development areas

 
 
5
(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—
15
 
“(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.”
20

Transfers of property etc to a Mayoral development corporation

 
 
6
(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—
25
 
“(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,
30
 
(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
35
 
(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—
5
 
(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);
10
 
(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.
15
 
“(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—
20
 
(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

25
 
7
(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—
30
 
(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
35
 
(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

 
 
8
In section 203, in subsections (1) and (4), after “City of London” insert “,
 
 
or a county council or district council”.
5

Acquisition of land

 
 
9
(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—
10
 
“(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;
15
 
(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

 
 
10
(1)
Section 214 is amended in accordance with this paragraph.
 
 
(2)
In subsection (4), for “the Mayor” substitute “the Mayor of London”.
20
 
(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
25
 
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
30
 
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

 
 
11
(1)
Section 216 is amended in accordance with this paragraph.
35

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;
5
 
(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;
10
 
(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,”;
15
 
(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
20
 
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,
25
 
(c)
any district council whose local authority area is
 
 
within the area of the CCA or
 
 
(d)
any other person;”
 

Miscellaneous provisions

 
 
12
After section 217 insert—
30

“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
35
 
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;
5
 
“MDA outside London” means an MDC for an area in the area
 
 
of a combined authority or CCA.”
 

Schedule 21

 
 
13
Schedule 21 is amended in accordance with paragraphs 14 to 18 .
 
 
14
(1)
Paragraph 1 (membership) is amended in accordance with this paragraph.
10
 
(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”.
15
 
(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.
20
 
(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
25
 
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
30
 
district councils, or
 
 
(ii)
a district council.”
 
 
15
In paragraph 2 (terms of appointment of members), in sub-paragraph (5)(d),
 
 
after “relevant London council” insert “or relevant council”.
 
 
16
In paragraph 4 (remuneration etc: members and staff), in sub-paragraph
35
 
(4), after “London Assembly” insert “, or the combined authority or CCA,”.
 
 
17
In paragraph 9 (proceedings), in paragraph (c), after “each relevant London
 
 
council” insert “or each relevant council”.
 

Page 196

 
18
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

5
 
19
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

 
 
20
(1)
The Greater London Authority Act 1999 is amended in accordance with
10
 
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”.
15
 
(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
20
 
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.”
25
 
(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

 
 
21
In the Local Government Act 2003, after section 32A (inserted by section
30
 
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
35
 
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
5
 
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
10
 
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
15
 
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—
20
 
“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
25
 
and Construction Act 2009.”
 

Planning and Compulsory Purchase Act 2004

 
 
22
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”.
30

Crossrail Act 2008

 
 
23
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
(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
5
 
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”.
10
 
(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;
15
 
(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
20
 
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;
25
 
(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;
30
 
(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”.
35
 
(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
5
 
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
10
 
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—
15
 
(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
20
 
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
25
 
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;
30
 
“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

 

Local growth plans

 
 
1
(1)
After section 107K of LDEDCA 2009 insert—
 

“Mayoral combined authorities: local growth plans

5
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
10
 
(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
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
section 107L (2) (b) ;
 

Page 201

 
(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)
5
 
) 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—
10
 
(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;
15
 
(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.
20
 
(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;
25
 
“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
30
 
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) ;
35
 
“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
40
 
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.
5
 
(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
10
 
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
15
 
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.
20
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.
25
 
(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;
30
 
(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;
35
 
(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
5
 
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.
10
 
(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
15
 
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—
20
 
(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
25
 
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
30
 
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.”
35
 
(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—
40

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;
5
 
(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
10
 
(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—
15
 
“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
20
 
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;
25
 
“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
30
 
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;”.
35

Page 205

 
Schedule 20
Section 42
 

Miscellaneous local authority functions

 

Placing of staff of local authorities at disposal of other local authorities

 
 
1
In section 113 of LGA 1972, after subsection (4) insert—
 
 
“(5)
In this section “local authority” includes the Greater London
5
 
Authority, a combined authority and a combined county authority.”
 

Provision of information, etc, relating to matters affecting local government

 
 
2
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”.
10

Power of local authorities to prosecute or defend legal proceedings

 
 
3
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

15
 
4
(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).
20
 
(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
25
 
authority or CCA,”.
 
 
5
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;
30
 
“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

 
 
1
This is Schedule 10A to be inserted after Schedule 10 to PRSRA 2011—
 
 
“Schedule 10A
Section 76A
 

Exercise of PCC functions by elected mayors

5

Part 1

 

Interpretation

 
 
1
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
10
 
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
15
 
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
20
 
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—
25
 
(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
30
 
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,
35
 
or
 
 
(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)—
5
 
(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
10
 
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
15
 
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.
20

Part 2

 

The Area’s PCC

 
 
2
(1)
There is to be no police and crime commissioner for the Area
 
 
from the transfer time.
 
 
(2)
The term of office of the police and crime commissioner for the
25
 
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
30
 
(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
35
 
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

 
 
3
(1)
The Mayor—
 
 
(a)
is to exercise functions of a police and crime commissioner
 
 
in relation to the Area, and
5
 
(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
10
 
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
15
 
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
20
 
(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

25
 
4
The following police and crime commissioner enactments
 
 
contained in this Act have effect subject to the following
 
 
modifications.
 
 
5
Section 5 (police and crime commissioners to issue police and
 
 
crime plans) has effect as if—
30
 
(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
35
 
“the Strategic Authority”;
 
 
(ii)
the definition of “ordinary election” were omitted.
 
 
6
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
5
 
day”, for “ordinary election” there were substituted
 
 
“election for the return of a Mayor”.
 
 
7
Section 16 (appointment of persons not employed by elected local
 
 
policing bodies) has effect as if—
 
 
(a)
for subsection (1) there were substituted—
10
 
“(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
15
 
(b)
to designate a person as having specified
 
 
duties or responsibilities.”;
 
 
(b)
in subsection (2), for “the body” there were substituted
 
 
“the Strategic Authority”.
 
 
8
Section 18 (delegation of functions by police and crime
20
 
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—
25
 
“(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
30
 
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
35
 
Development and Construction Act
 
 
2009 or section 29 of the
 
 
Levelling-up and Regeneration Act
 
 
2023;”;
 
 
(ii)
after paragraph (h), there were inserted—
40
 
“(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—
5
 
“(10)
The deputy mayor for policing and crime is a
 
 
member of staff of the Strategic Authority, unless
 
 
they are a member of the Strategic Authority.”.
 
 
9
Section 21 (police fund) has effect as if after subsection (3) there
 
 
were inserted—
10
 
“(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—
15
 
(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
20
 
(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
25
 
the police fund of police force A to the police fund of
 
 
police force B.”.
 
 
10
Section 28 (police and crime panels outside London) has effect
 
 
as if—
 
 
(a)
subsections (1A) and (1B) were omitted;
30
 
(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”.
35
 
11
Section 29 (power to require attendance and information) has
 
 
effect as if—
 
 
(a)
for subsection (1) there were substituted—
 
 
“(1)
A police and crime panel may require—
 
 
(a)
the Mayor,
40
 
(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
5
 
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
10
 
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—
15
 
(a)
the Mayor in relation to the Mayor’s PCC
 
 
functions,
 
 
(b)
the deputy mayor for policing and crime,
 
 
or
 
 
(c)
a member of the Strategic Authority who
20
 
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
25
 
(d) must comply with any requirement imposed
 
 
on them under that subsection.”;
 
 
(d)
in subsection (6), after “commissioner” there were inserted
 
 
“or the deputy mayor for policing and crime”.
 
 
12
Section 30 (suspension of police and crime commissioner) has
30
 
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—
35
 
“(3)
For the purposes of salary, pensions and
 
 
allowances in respect of times during a period of
 
 
suspension, the Mayor is to be treated as holding
 
 
that office during that suspension.”.
 
 
13
Section 31(3) (conduct) has effect as if for paragraphs (b) to (d)
40
 
there were substituted—
 
 
“(b)
deputy mayor for policing and crime.”.
 

Page 212

 
14
Section 62 (appointment of acting commissioner) has effect as
 
 
if—
 
 
(a)
for subsection (1) there were substituted—
 
 
“(1)
The police and crime panel must appoint a person
 
 
to exercise the Mayor’s PCC functions (the “acting
5
 
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
10
 
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
15
 
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.”;
20
 
(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.”;
25
 
(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.
30
 
15
This Act has effect as if for section 63 (vacancy where acting
 
 
commissioner acts for 6 months) there were substituted—
 
“63
Vacancy where deputy mayor acts for 6 months
 
 
(1)
This section applies where—
 
 
(a)
the deputy mayor is appointed under section 107C
35
 
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
40
 
during the period of 6 months beginning with the
 
 
day on which the acting mayor was appointed.
 

Page 213

 
(2)
At the end of that 6 month period—
 
 
(a)
the Mayor ceases to be the Mayor, and
 
 
(b)
accordingly, the office of Mayor becomes vacant.”
 
 
16
Section 64 has effect as if for subsections (3) to (4A)
 
 
(disqualification from election as police and crime commissioner)
5
 
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
10
 
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—
15
 
(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
20
 
the same day.”.
 
 
17
Section 65 (disqualification from election or holding office as
 
 
police and crime commissioner: police grounds) has effect as if—
 
 
(a)
in subsection (1)(e), there were inserted after paragraph
 
 
(ii)—
25
 
“(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—
30
 
(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
35
 
times between that day and the declaration
 
 
of the result of the election, the deputy is
 
 
acting as acting commissioner under section
 
 
62.”.
 
 
18
Section 70 (declaration of acceptance of office of police and crime
40
 
commissioner) has effect as if—
 

Page 214

 
(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
5
 
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”;
10
 
(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
15
 
Local Government and Housing Act 1989.”
 
 
19
Schedule 1 (police and crime commissioners) has effect as if—
 
 
(a)
for paragraph 1 there were substituted—
 
 
“1
This Schedule applies in relation to the Mayor
 
 
in the exercise of PCC functions.”;
20
 
(b)
for paragraph 4 there were substituted—
 
 
“4
(1)
The Mayor must make authorised pension
 
 
payments.
 
 
(2)
In this paragraph “authorised pension payments”
 
 
means—
25
 
(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
30
 
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.”
35
 
(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
40
 
mayor for policing and crime”;
 

Page 215

 
(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
5
 
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
10
 
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.”;
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
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
40
 
pensions to, or in respect of, persons who
 
 
have been members of the Strategic
 
 
Authority’s staff deployed wholly or
 

Page 216

 
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
5
 
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
10
 
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
15
 
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—
20
 
“(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
25
 
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,
30
 
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
35
 
financial year of the Strategic Authority.”.
 
 
20
Schedule 5 (issuing precepts) has effect as if—
 
 
(a)
in paragraph 1—
 
 
(i)
for sub-paragraph (1) there were substituted—
 
 
“(1)
The Mayor may not determine the final
40
 
amount of the PCC component for a
 
 
financial year until the end of the scrutiny
 
 
process is reached.”;
 

Page 217

 
(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
5
 
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”
10
 
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)—
15
 
(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”
20
 
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”;
25
 
(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
30
 
issued” there were substituted “amount of the PCC
 
 
component”.
 
 
21
Schedule 6 (police and crime panels) has effect as if—
 
 
(a)
for paragraph 21 there were substituted—
 
 
“21
The Mayor, a member of the Strategic Authority
35
 
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
40
 
commissioner for that police area” there were substituted
 
 
“Strategic Authority”;
 

Page 218

 
(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
5
 
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
10
 
Strategic Authority appointed by the constituent
 
 
councils.”.
 
 
22
Schedule 7 (regulations about complaints and conduct matters)
 
 
has effect as if—
 
 
(a)
in paragraph 3(1)(a)(ii), for “deputy police and crime
15
 
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
20
 
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
25
 
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
30
 
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.”
35
 
23
Schedule 8 (appointment, suspension and removal of senior police
 
 
officers) has effect as if—
 
 
(a)
for paragraph 4(10) there were substituted—
 
 
“(10)
For that purpose, “relevant post-election period”
 
 
means the period that—
40
 
(a)
begins with the day of the poll at an
 
 
election for the return of the Mayor; and
 

Page 219

 
(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”
5
 
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
10
 
under section 70.”.
 

Part 5

 

Modifications of enactments in other Acts

 

Police (Property) Act 1897

 
 
24
(1)
The Police (Property) Act 1897 is modified as follows.
15
 
(2)
Section 2(2A) (regulations with respect to unclaimed property in
 
 
possession of police), has effect as if for the last reference to
 
 
“relevant body” there were substituted “Combined Authority”.
 

Trustee Investments Act 1961

 
 
25
(1)
The Trustee Investments Act 1961 is modified as follows.
20
 
(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”.
25

Pensions (Increase) Act 1971

 
 
26
(1)
The Pensions (Increase) Act 1971 is modified as follows.
 
 
(2)
Paragraph 51(aa) of Schedule 2 (official pensions: court and police
 
 
staff), has effect as if for “a police and crime commissioner” there
 
 
were substituted “the police and crime commissioner for South
30
 
Yorkshire or of the Combined Authority deployed wholly or
 
 
partly in relation to the PCC functions of the Mayor”.
 

Local Government (Miscellaneous Provisions) Act 1976

 
 
27
(1)
The Local Government (Miscellaneous Provisions) Act 1976 is
 
 
modified as follows.
35

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
5
 
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,
10
 
29, 30, 38, 39 and 41” there were substituted “13, 14, 16, 29 and
 
 
38”.
 

Local Government, Planning and Land Act 1980

 
 
28
(1)
The Local Government, Planning and Land Act 1980 is modified
 
 
as follows.
15
 
(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
20
 
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)—
25
 
(i)
in paragraph (dbzb) at the end there were inserted
 
 
“or, as the case may be, the Mayor”;
 
 
(ii)
paragraph (dc) were omitted.
 

Dartford-Thurrock Crossing Act 1988

 
 
29
(1)
The Dartford-Thurrock Crossing Act 1988 is modified as follows.
30
 
(2)
Section 19(a)(i) (exemption from tolls) has effect as if for “a local
 
 
policing body” there were substituted “the Combined Authority
 
 
for use in relation to the exercise of the Mayor’s PCC functions”.
 

Local Government Finance Act 1988

 
 
30
(1)
The Local Government Finance Act 1988 is modified as follows.
35
 
(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
5
 
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—
10
 
(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
15
 
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
20
 
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”;
25
 
(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—
30
 
“(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

35
 
31
(1)
The Road Traffic Act 1988 is modified as follows.
 
 
(2)
Section 144(2)(b) (exceptions from requirement of third-party
 
 
insurance) has effect as if—
 
 
(a)
for “a local policing body” there were substituted “the
 
 
Combined Authority for use in relation to the Mayor’s
40
 
PCC functions”;
 

Page 222

 
(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”.
5

Local Government and Housing Act 1989

 
 
32
(1)
The Local Government and Housing Act 1989 is modified as
 
 
follows.
 
 
(2)
Section 1 (disqualification and political restriction of certain
 
 
officers and staff) has effect as if—
10
 
(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
15
 
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
20
 
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
25
 
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.”;
30
 
(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”.
35
 
(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
40
 
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”;
5
 
(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”.
10
 
(5)
Omit section 7(1)(aa) (all staff to be appointed on merit).
 
 
(6)
Omit section 13(5ZA) (voting rights of members of certain
 
 
committees: England and Wales).
 

Police Act 1996

 
 
33
(1)
The Police Act 1996 is modified as follows.
15
 
(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—
20
 
(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”;
25
 
(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
30
 
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
35
 
“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
40
 
deployed wholly or partly in relation to the Mayor’s PCC
 
 
functions”;
 

Page 224

 
(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
5
 
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
10
 
substituted “PCC component is determined by the Mayor”.
 

Proceeds of Crime Act 2002

 
 
34
(1)
The Proceeds of Crime Act 2002 is modified as follows.
 
 
(2)
Section 55(8) has effect as if for paragraph (aa) (sums received
 
 
by designated officer) there were substituted—
15
 
“(aa)
a member of the Combined Authority’s staff
 
 
deployed wholly or partly in relation to the
 
 
Mayor’s PCC functions,”.
 

Police Reform Act 2002

 
 
35
(1)
The Police Reform Act 2002 is modified as follows.
20
 
(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
25
 
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
30
 
were substituted “Combined Authority”;
 
 
(c)
for “or body” there were substituted “or Combined
 
 
Authority”.
 

Local Government Act 2003

 
 
36
(1)
The Local Government Act 2003 is modified as follows.
35
 
(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

 
 
37
(1)
The Railways and Transport Safety Act 2003 is modified as
 
 
follows.
5
 
(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,”.
10

Local Government and Public Involvement in Health Act 2007

 
 
38
(1)
The Local Government and Public Involvement in Health Act
 
 
2007 is modified as follows.
 
 
(2)
Section 15(1) (incidental etc provision in orders or regulations)
 
 
has effect as if for paragraph (a) there were substituted—
15
 
“(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
20
 
Mayor’s PCC functions, or local policing body
 
 
whose area consists of or includes the whole or
 
 
part of that area;”.
 

Local Democracy, Economic Development and Construction Act 2009

 
 
39
(1)
The 2009 Act is modified as follows.
25
 
(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

30
 
40
(1)
The Local Audit and Accountability Act 2014 is modified as
 
 
follows.
 
 
(2)
Schedule 4 (further provisions about auditor panels) has effect
 
 
as if—
 
 
(a)
for paragraph 2(4)(a) there were substituted—
35
 
“(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
5
 
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

10
 
41
Section 28 of the Leasehold Reform Act 1967 (retention or
 
 
resumption of land required for public purposes).
 
 
42
The following provisions of the Local Government Act 1972—
 
 
(a)
section 102(6) to (11) (appointment of committees);
 
 
(b)
section 223(2) (appearance of local authorities in legal
15
 
proceedings);
 
 
(c)
paragraph 6ZA of Part 1 of Schedule 12 (meetings and
 
 
proceedings of local authorities).
 
 
43
Section 5(3)(baa) of the Rent (Agriculture) Act 1976 (no statutory
 
 
tenancy where landlord’s interest belongs to Crown or to local
20
 
authority etc.).
 
 
44
Section 14(1)(caa) of the Rent Act 1977 (landlord’s interest
 
 
belonging to local authority, etc.).
 
 
45
Sections 95, 96A, 97 and 98 of the Local Government, Planning
 
 
and Land Act 1980 (land held by public bodies).
25
 
46
Sections 33 (enforceability by local authorities of certain covenants
 
 
relating to land) and 41 (lost and uncollected property) of the
 
 
Local Government (Miscellaneous Provisions) Act 1982.
 
 
47
Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the
 
 
People Act 1983 (alteration of registers).
30
 
48
Section 60 of the County Courts Act 1984 (right of audience).
 
 
49
The following provisions of the Housing Act 1985—
 
 
(a)
section 80(1) (the landlord condition);
 
 
(b)
section 157(1) (restriction on disposal of dwelling-houses
 
 
in National Parks);
35
 
(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
5
 
to buy and discount);
 
 
(i)
paragraph 5(1)(b) of Schedule 5 (exceptions to the right
 
 
to buy).
 
 
50
Section 38 of the Landlord and Tenant Act 1985 (minor
 
 
definitions).
10
 
51
Section 7 of the Local Government Act 1986 (transfer requires
 
 
mortgagor’s consent).
 
 
52
Section 58 of the Landlord and Tenant Act 1987 (exempt landlords
 
 
and resident landlords).
 
 
53
Sections 111, 113, 114 and 114A of the Local Government Finance
15
 
Act 1988 (financial administration).
 
 
54
Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988
 
 
(tenancies which cannot be assured tenancies).
 
 
55
Section 39 of the Local Government Finance Act 1992 (precepting
 
 
and precepted authorities).
20
 
56
Section 33 of the Value Added Tax Act 1994 (refunds of VAT in
 
 
certain cases).
 
 
57
Section 94 of the Police Act 1996 (financing of new police and
 
 
crime commissioners).
 
 
58
Paragraph 57 of Schedule 1 to the Freedom of Information Act
25
 
2000 (public authorities).
 
 
59
Sections 21 and 22 of the Local Government Act 2003 (accounts).
 
 
60
The following provisions of the Fire and Rescue Services Act
 
 
2004—
 
 
(a)
section 3(7) and (9) (creation of combined fire and rescue
30
 
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
35
 
and crime commissioners).
 
 
61
The following provisions of the PRSR Act—
 
 
(a)
section 1(1) to (4) (police and crime commissioners);
 
 
(b)
sections 50 to 61 (elections and vacancies);
 
 
(c)
section 69 (validity of acts);
40

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);
5
 
(g)
Schedule 6, paragraphs 33 to 35 (duty to nominate elected
 
 
mayor to be a member of police and crime panel);
 
 
(h)
Schedule 10 (elections: consequential amendments).
 
 
62
Paragraph 19 of Schedule 2 to the Local Audit and Accountability
 
 
Act 2014 (relevant authorities).
10
 
63
The following provisions of the Policing and Crime Act 2017—
 
 
(a)
section 5(7)(a) and (9)(a) (collaboration agreements:
 
 
definitions);
 
 
(b)
paragraph 92 of Schedule 1 (amendments to Schedule 6
 
 
to the Police Reform and Social Responsibility Act 2011).
15

Part 7

 

Enactments not contained in Acts

 

Power to modify or disapply enactments

 
 
64
(1)
This section applies to any police and crime commissioner
 
 
enactment that is not contained in an Act of Parliament.
20
 
(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;
25
 
(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

30

Application and modification of enactments other than police and

 

crime commissioner enactments

 

Local Government Act 1972

 
 
65
Section 86 of the Local Government Act 1972 (declaration by local
 
 
authority of vacancy in office in certain cases) applies in relation
35
 
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

5

Amendment of FRSA 2004

 

Introduction

 
 
1
FRSA 2004 is amended in accordance with this Part of this Schedule.
 

Power to create combined fire and rescue authorities

 
 
2
(1)
Section 2 is amended in accordance with this paragraph.
10
 
(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
15
 
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—
20
 
“(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) .
25
 
(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
30
 
scheme is to—
 

Page 230

 
(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
5
 
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

 
 
3
In section 4, after subsection (7) insert—
10
 
“(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) .”
15

Provision about mayoral combined authorities or CCAs that are fire and rescue authorities

 
 
4
(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.”
20
 
(2)
Before Schedule A1 insert—
 
 
“Schedule ZA1
Section 1
 

Mayoral combined authorities or CCAs as fire and rescue

 

authorities

 

Interpretation

25
 
1
(1)
In this Schedule—
 
 
“community risk management plan” means a document
 
 
issued by an FRA’s mayor which—
 
 
(a)
is prepared and published in accordance with the
 
 
Fire and Rescue National Framework, and
30
 
(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
35
 
rescue related risks that could affect the
 
 
mayoral FRA’s area;
 

Page 231

 
“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) ;
5
 
“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
10
 
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.
15
 
(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—
20
 
(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
25
 
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
30
 
accordance with paragraph 10 of Schedule 10A to that Act).
 

Oversight of the community risk management plan

 
 
2
(1)
This paragraph applies to—
 
 
(a)
the issuing of a community risk management plan, and
 
 
(b)
the variation of priorities and objectives set out in a
35
 
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
40
 
variation to the relevant scrutiny body;
 

Page 232

 
(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
5
 
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—
10
 
(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
15
 
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—
20
 
(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
25
 
a variation may instead be satisfied by sending or publishing a
 
 
copy of the plan as varied.
 

Duty to keep community risk management plan under review

 
 
3
The FRA’s mayor must—
 
 
(a)
keep the priorities and objectives in the community risk
30
 
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

35
 
4
(1)
In each financial year, an FRA’s mayor must notify the relevant
 
 
scrutiny body of the mayor’s proposed allocation of the draft
 
 
budget for fire and rescue functions in relation to the following
 
 
financial year.
 

Page 233

 
(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
5
 
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
10
 
allocation of budget before that determination is made.
 

Review of proposed budget

 
 
5
(1)
The relevant scrutiny body must review any proposed allocation
 
 
of budget notified to it under paragraph 4 .
 
 
(2)
The relevant scrutiny body must make a report to the FRA’s
15
 
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
20
 
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
25
 
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
30
 
CCA.”
 

Part 2

 

Amendments of other legislation

 

Local Government Act 1972

 
 
5
In section 38 LGA 1972 (powers of principal councils with respect to
35
 
emergencies or disaster)—
 
 
(a)
in subsection (5), after “London Fire Commissioner” insert “and a
 
 
mayoral fire and rescue authority”;
 

Page 234

 
(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
5
 
— 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),
10
 
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

15

Part 1

 

Conferral and modification of functions

 

Strategic authorities outside London

 
 
1
(1)
Regulations may make provision conferring an eligible function on the
 
 
strategic authorities within a class specified in sub-paragraph (3) .
20
 
(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;
25
 
(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.
30
 
(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.
35

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;
5
 
(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
10
 
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
15
 
(b)
whose exercise of a function would be affected by regulations under
 
 
sub-paragraph (2) .
 

Mayors outside London

 
 
2
(1)
Regulations may make provision conferring an eligible function on the
 
 
mayors within a class specified sub-paragraph (3) .
20
 
(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;
25
 
(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.
30
 
(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;
35
 
(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;
40

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
5
 
(b)
whose exercise of a function would be affected by regulations under
 
 
sub-paragraph (2) .
 

GLA

 
 
3
(1)
Regulations may make provision conferring an eligible function on the
 
 
GLA, the Mayor of London or a GLA functional body.
10
 
(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.
15
 
(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,
20
 
(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;
25
 
(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

30
 
4
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” —
35
 
(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

5
 
5
(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.
10
 
(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.
15
 
(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—
20
 
(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
25
 
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.
30

Functions moving from mayors to strategic authorities outside London

 
 
6
(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
35
 
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.
5
 
(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—
10
 
(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
15
 
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.
20

GLA functions

 
 
7
(1)
Regulations may provide for a function of any of the following (the “current
 
 
GLA holder”)—
 
 
(a)
the GLA;
 
 
(b)
the Mayor of London;
25
 
(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;
30
 
(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.
35
 
(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
40
 
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;
5
 
(g)
any other persons that the Secretary of State considers it appropriate
 
 
to consult.
 

Part 3

 

Exercise of functions

 

Strategic authorities outside London

10
 
8
(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;
15
 
(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.
20
 
(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;
25
 
(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.
30
 
(3)
In this paragraph “affected strategic authorities” means the strategic
 
 
authorities to whose function regulations under this paragraph relate.
 

Mayors outside London

 
 
9
(1)
Regulations may make provision about the exercise of a function by the
 
 
mayors of any of these classes of strategic authorities—
35
 
(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;
5
 
(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
10
 
to consult.
 
 
(3)
In this paragraph “affected mayors” means the mayors to whose function
 
 
regulations under this paragraph relate.
 

London

 
 
10
(1)
Regulations may make provision about the exercise of a function by—
15
 
(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
20
 
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;
25
 
(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;
30
 
(g)
any other persons that the Secretary of State considers it appropriate
 
 
to consult.
 

Particular provision

 
 
11
(1)
The provision that may be made under this Part of this Schedule includes
 
 
provision for—
35
 
(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;
40

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
5
 
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.
10

Part 4

 

Voting on decisions

 

Strategic authorities outside London

 
 
12
(1)
Regulations may make provision about voting, by any of these classes of
 
 
strategic authorities, on decisions to exercise a particular function—
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
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

5

Consequential abolition of public body

 
 
13
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

10
 
14
(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—
15
 
“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
20
 
Legislative and Regulatory Reform Act 2006.
 

References to documents

 
 
15
(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
25
 
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
30
 
(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

 
 
16
(1)
This paragraph applies to a power under this Schedule to make provision
35
 
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
5
 
or location which does not exist in the area of a strategic authority.
 

Amendment of legislation

 
 
17
Regulations under this Schedule may amend, apply (with or without
 
 
modifications), disapply, repeal or revoke any legislation whenever passed
 
 
or made.
10

Part 6

 

Pilot schemes

 

Power to establish pilot scheme

 
 
18
(1)
Regulations may make permitted provision for a period specified in the
 
 
regulations (the “piloting period”).
15
 
(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
20
 
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

 
 
19
A pilot scheme may not make provision which relates to a strategic
25
 
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

 
 
20
(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
30
 
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).
35
 
(3)
For that purpose—
 

Page 244

 
(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
5
 
authorities;
 
 
(c)
where the relevant class consists of the mayors of combined
 
 
authorities and CCAs, those authorities are “linked to” those mayors.
 

Impact report

 
 
21
(1)
A pilot scheme must include provision requiring the or each strategic
10
 
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
15
 
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
20
 
the piloting period by regulations under paragraph 18 (3) (a) .
 

Response to a pilot scheme

 
 
22
(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
25
 
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
30
 
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
35
 
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—
40

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
5
 
(iii)
any other person which the Secretary of State considers it
 
 
appropriate to consult.
 

Interpretation

 
 
23
(1)
In this Part of this Schedule—
 
 
“permitted provision” means provision that may be made under any
10
 
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”
15
 
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

20
 
24
In this Schedule “regulations” means regulations made by the Secretary of
 
 
State.
 

Parliamentary scrutiny

 
 
25
(1)
Regulations under paragraph 18 (3) (a) are subject to negative resolution
 
 
procedure.
25
 
(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

30
 
1
(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
5
 
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
10
 
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
15
 
(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.
20
 
(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
25
 
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”;
30
 
(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”;
35
 
(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)—
 

Page 247

 
(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
5
 
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—
10
 
“(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
15
 
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);
20
 
(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
25
 
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—
30
 
“(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
35
 
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”;
40

Page 248

 
(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
5
 
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)—
10
 
(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
15
 
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).”
20
 
(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—
25
 
(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
30
 
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.
35
 
(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—
40

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
5
 
(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
10
 
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
15
 
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 ;
20
 
(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—
25
 
(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);
30
 
(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—
35
 
“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
40
 
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
5
 
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
(1)
LGA 2000 is amended in accordance with this paragraph.
10
 
(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
15
 
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
20
 
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—
25
 
“(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
30
 
(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).”
35

Page 251

Duty to move from committee system to leader and cabinet executive (England)

 
 
2
(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
5
 
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—
10
 
(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)
15
 
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
20
 
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—
25
 
(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
30
 
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
35
 
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
40

Page 252

 
(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
5
 
governance arrangements as the day on which that change
 
 
is to take place.”.
 

No new mayor and cabinet executives

 
 
3
(1)
This paragraph applies to a change to governance arrangements under
 
 
Chapter 4 of Part 1A LGA 2000 if—
10
 
(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—
15
 
(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
20
 
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).
 
 
4
(1)
LGA 2000 is amended as follows—
25
 
(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
30
 
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
35
 
(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).
 

Page 253

 
(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)”;
5
 
(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).
10
 
(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).
15
 
(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).
20
 
(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).
25

Abolition of permitted arrangements

 
 
5
(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”;
30
 
(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)—
35
 
(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

 
 
6
(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
5
 
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”
10
 
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”;
15
 
(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

 
 
7
(1)
LGA 2000 is amended in accordance with this paragraph.
 
 
(2)
In section 9B (permitted forms of governance for local authorities in
20
 
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.”;
25
 
(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”.
30
 
(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);
35
 
(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)—
5
 
(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).
10
 
(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)—
15
 
(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
20
 
(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
25
 
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).
30
 
(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

 
 
1
The Greater London Authority Act 1999 is amended as follows.
 
 
2
(1)
In section 4 (voting at ordinary elections)—
5
 
(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—
10
 
“(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
15
 
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—
20
 
“(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
25
 
subsection (3) of that section);”.
 
 
(4)
In Schedule 2 (voting at elections), before Part 2 insert—
 

Part 1

 

Election of the Mayor

 

Application

30
 
1
This Part of this Schedule applies where there are three or more
 
 
candidates to be the Mayor.
 

First preference vote and second preference vote

 
 
2
In this Schedule—
 

Page 257

 
“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
5
 
from among the candidates to be the Mayor.
 

Candidate with overall majority of first preference votes

 
 
3
If one of the candidates to be the Mayor receives more than half
 
 
of all the first preference votes given in the Assembly
 
 
constituencies that candidate is to be returned as the Mayor.
10

No candidate with overall majority of first preference votes

 
 
4
(1)
If none of the candidates to be the Mayor receives more than half
 
 
of all the first preference votes given in the Assembly
 
 
constituencies, the following provisions of this paragraph apply.
 
 
(2)
The two candidates who received the greatest number of first
15
 
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.
20
 
(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.
25
 
(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
30
 
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
35
 
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
40

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

 
 
3
The Police Reform and Social Responsibility Act 2011 is amended as follows.
5
 
4
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—
10
 
(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.
15
 
(4)
Schedule 9 (the supplementary vote system) has effect.”
 
 
5
After Schedule 8 insert—
 
 
“Schedule 9
section 57
 

Supplementary vote system

 

Application

20
 
1
This Schedule applies to an election under Chapter 6 of Part 1 of
 
 
a police and crime commissioner for a police area at which there
 
 
are three or more candidates.
 

First preference vote and second preference vote

 
 
2
In this Schedule—
25
 
“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
30
 
the candidates to be the police and crime commissioner.
 

Candidate with overall majority of first preference votes

 
 
3
If one of the candidates to be the police and crime commissioner
 
 
receives more than half of all the first preference votes given in
 
 
the police area, that candidate is to be returned as the police and
35
 
crime commissioner.
 

Page 259

No candidate with overall majority of first preference votes

 
 
4
(1)
If none of the candidates to be the police and crime commissioner
 
 
receives more than half of all the first preference votes given in
 
 
the police area, the following provisions of this paragraph apply.
 
 
(2)
The two candidates who received the greatest number of first
5
 
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.
10
 
(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
15
 
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
20
 
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
25
 
the police and crime commissioner.”
 

Elections for local authority mayors in England

 
 
6
The Local Government Act 2000 is amended as follows.
 
 
7
In section 9HC (voting at elections of elected mayors)—
 
 
(a)
in subsection (1), for “which may be given for a candidate to be the
30
 
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
35
 
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.”
 
 
8
In section 9HD (entitlement to vote), in subsection (2), after “one” insert
 
 
“mayoral”.
5
 
9
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),”.
 
 
10
After Schedule 1 insert—
 
 
“Schedule 1A
section 9HC
10

Election of elected mayor (England)

 

Application

 
 
1
This Schedule applies where there are three or more candidates
 
 
to be an elected mayor of a local authority in England.
 

First preference vote and second preference vote

15
 
2
In this Schedule—
 
 
“first preference vote” means a mayoral vote to the extent
 
 
that it is given so as to indicate a voter’s first preference
 
 
from among the candidates to be the elected mayor;
 
 
“second preference vote” means a mayoral vote to the extent
20
 
that it is given so as to indicate a voter’s second preference
 
 
from among the candidates to be the elected mayor.
 

Candidate with overall majority of first preference votes

 
 
3
If one of the candidates to be the elected mayor receives more
 
 
than half of all the first preference votes given in the election that
25
 
candidate is to be returned as the elected mayor.
 

No candidate with overall majority of first preference votes

 
 
4
(1)
If none of the candidates to be the elected mayor receives more
 
 
than half of all the first preference votes given in the election, the
 
 
following provisions of this paragraph apply.
30
 
(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.
35
 
(4)
The other candidates are eliminated from the contest.
 

Page 261

 
(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
5
 
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.
10
 
(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.”
15
 
11
In Schedule 2 (Election of elected mayor), in the heading, after “mayor”
 
 
insert “(Wales)”.
 

Elections for mayors of combined authorities

 
 
12
Schedule 5B to LDEDCA 2009 (mayors for combined authorities: further
 
 
provision) is amended as follows.
20
 
13
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”;
25
 
(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
30
 
(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.”
 
 
14
After paragraph 4 insert—
 
 
“5
(1)
This paragraph applies where there are three or more candidates
35
 
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;
40

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
5
 
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
10
 
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.
15
 
(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
20
 
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
25
 
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).”
 
 
15
In paragraph 6 —
30
 
(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).”
35

Elections for mayors of combined county authorities

 
 
16
Schedule 2 to the Levelling-up and Regeneration Act 2023 (mayors for
 
 
combined county authority areas: further provisions about elections) is
 
 
amended as follows.
 
 
17
In paragraph 4 —
40

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—
5
 
“(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
10
 
of being given to indicate the voter’s first and
 
 
second preference from among the candidates.”
 
 
18
After paragraph 4 insert—
 
 
“4A
(1)
This paragraph applies where there are three or more candidates
 
 
to be a mayor.
15
 
(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
20
 
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.
25
 
(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.
30
 
(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
35
 
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
40
 
number of preference votes.
 

Page 264

 
(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
5
 
paragraph 4(1) (as read with sub-paragraph (3) of that
 
 
paragraph).”
 
 
19
In paragraph 5 —
 
 
(a)
in sub-paragraph (2) , after “one” insert “mayoral”;
 
 
(b)
in sub-paragraph (3) , after the definition of “local government
10
 
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

15

Part 1

 

Community right to buy and sporting assets of community value (England)

 
 
1
In Part 5 of the Localism Act 2011 (community empowerment), after Chapter
 
 
2 insert—
 

Chapter 2A

20

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.
25
 
(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
30
 
community value (see section 86C );
 
 
(b)
any land of community value that falls within section 86B (3)
 
 
(assets supporting sporting assets of community value).
 

Page 265

 
(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
 
(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
10
 
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) .
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
(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
40
 
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.
5
 
(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
10
 
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
15
 
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
20
 
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—
25
 
(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
30
 
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
35
 
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;
40
 
(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—
5
 
(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—
10
 
“social interests” includes (in particular) each of the following—
 
 
(a)
cultural interests;
 
 
(b)
recreational interests;
 
 
(c)
sporting interests;
 
 
“statutory provision” means a provision of—
15
 
(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
20
 
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
25
 
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—
30
 
(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) .
35
 
(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.
5
 
(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—
10
 
(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;
15
 
(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
20
 
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
25
 
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.
30
 
(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.
35
 
(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.
5
 
(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
10
 
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
15
 
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 .
20
 
(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
25
 
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
30
 
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.
35
 
(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
5
 
(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
10
 
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.
15
 
(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
20
 
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—
25
 
“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,
30
 
(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;
35
 
“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
40
 
review date, the previous review date.
 

Page 271

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
5
 
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
10
 
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) ,
15
 
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.
20
 
(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
25
 
(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
30
 
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
35
 
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.
40

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—
5
 
(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
10
 
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
15
 
(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
20
 
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
25
 
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
30
 
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—
35
 
(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
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
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
30
 
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,
35
 
(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,
40

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
5
 
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
10
 
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
15
 
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,
20
 
(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
25
 
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.
30
 
(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
35
 
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.
5
 
(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
10
 
(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
15
 
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.
20
 
(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
25
 
(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
30
 
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;
35
 
(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”
5
 
(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
10
 
(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 .
15
 
(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
20
 
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;
25
 
“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
30
 
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
35
 
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—
5
 
(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
10
 
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) .
15
 
(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
20
 
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.
25
 
(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
30
 
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
35
 
(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
40

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;
5
 
(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
10
 
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,
15
 
(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.
20
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
25
 
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
30
 
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
35
 
(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) ;
5
 
“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
10
 
(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
15
 
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
20
 
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
25
 
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.
30
 
(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
35
 
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”).
40

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.
5
 
(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;
10
 
(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
15
 
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
20
 
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
25
 
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
30
 
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,
35
 
(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
40
 
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) ).
5
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.
10
 
(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
15
 
(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—
20
 
(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
25
 
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
30
 
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
35
 
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.
5
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)—
10
 
(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;
15
 
(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;
20
 
(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
25
 
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
30
 
(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—
35
 
(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
5
 
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
10
 
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.
15
 
(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—
20
 
(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—
25
 
(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) .
30
 
(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.
35
 
(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
5
 
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—
10
 
(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
15
 
(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,
20
 
(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—
25
 
(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
30
 
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
35
 
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—
5
 
(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
10
 
(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”
15
 
(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
20
 
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
25
 
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—
30
 
(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.
35

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) ;
5
 
“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;
10
 
“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 ;
15
 
“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
20
 
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) .
25
 
(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

 
 
2
The Localism Act 2011 is amended as follows.
30
 
3
In Part 5 (community empowerment), at the end of the heading for Chapter
 
 
3, insert “(Wales)”.
 
 
4
In section 87 (list of assets of community value)—
 
 
(a)
in subsection (4), for “appropriate authority” substitute “Welsh
 
 
Ministers”;
35
 
(b)
in subsection (5), for “appropriate authority” substitute “Welsh
 
 
Ministers”.
 
 
5
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”.
 
 
6
In section 89 (Procedure for including land in list)—
5
 
(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”;
10
 
(c)
in subsection (4), for “appropriate authority” substitute “Welsh
 
 
Ministers”;
 
 
(d)
in subsection (5), for “appropriate authority” substitute “Welsh
 
 
Ministers”.
 
 
7
In section 91 (notice of inclusion or removal), in subsection (2)(d) for
15
 
“appropriate authority” substitute “Welsh Ministers”.
 
 
8
In section 92 (review of decision to include land in list), in subsection (5),
 
 
for “appropriate authority” substitute “Welsh Ministers”.
 
 
9
In section 95 (moratorium)—
 
 
(a)
in subsection (5)—
20
 
(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”
25
 
for “appropriate authority” substitute “Welsh Ministers”.
 
 
10
In section 96 (meaning of “relevant disposal” etc in section 95), in subsection
 
 
(7), for “appropriate authority” substitute “Welsh Ministers”.
 
 
11
In section 98 (informing owner of request to be treated as bidder), in
 
 
subsection (3), for “appropriate authority” substitute “Welsh Ministers”.
30
 
12
In section 99 (compensation), in subsection (1), for “appropriate authority”
 
 
substitute “Welsh Ministers”.
 
 
13
In section 101 (enforcement)—
 
 
(a)
in subsection (1), for “appropriate authority” substitute “Welsh
 
 
Ministers”;
35
 
(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).
 
 
14
Omit section 103.
40

Page 288

 
15
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”.
5
 
16
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”.
10
 
17
In section 107 (meaning of “owner”), in subsection (6), for “appropriate
 
 
authority” substitute “Welsh Ministers”.
 
 
18
In section 108 (interpretation), omit the definition of “appropriate authority”.
 
 
19
In section 235 (orders and regulations), after subsection (7)(g) insert—
 
 
“(ga)
regulations under section 86A (5) , section 86L (7) , 86Z , 86Z4 (2)
15
 
or 86Z5 (6) ;”.
 
 
Schedule 28
Section 61 (2)
 

The Local Audit Office

 

Part 1

 

Constitution, proceedings etc

20
 
1
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
(1)
The Local Audit Office is to consist of—
25
 
(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
30
 
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
 

Page 289

 
non-executive members is at all times greater than the number
 
 
of executive members.
 

Non-executive members: appointment and tenure

 
 
2
(1)
The non-executive members (including the Chair) are to be
 
 
appointed by the Secretary of State.
5
 
(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
10
 
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—
15
 
(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.
20
 
(8)
A non-executive member who becomes an employee of the Office
 
 
ceases to be a non-executive member.
 

Non-executive members: remuneration

 
 
3
(1)
The Local Audit Office must make, or make provision for, such
 
 
of the following payments (in such amounts and in such
25
 
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
30
 
(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.
35

Controller of Local Audit

 
 
4
(1)
The Local Audit Office must employ an individual to act as its
 
 
chief executive officer.
 

Page 290

 
(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
5
 
the Controller.
 

Other executive members

 
 
5
(1)
The Local Audit Office may from time to time—
 
 
(a)
designate for the purposes of this paragraph roles in which
 
 
individuals are or are to be employed by the Office;
10
 
(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.
15

Staff

 
 
6
(1)
The Local Audit Office may employ staff and make other
 
 
arrangements for its staffing.
 
 
(2)
That employment, or those arrangements, may be on whatever
 
 
terms the Office considers appropriate (including terms as to
20
 
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;
25
 
(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.
30

Committees

 
 
7
(1)
The Local Audit Office may appoint committees.
 
 
(2)
A committee of the Office may appoint sub-committees.
 
 
(3)
Members of a committee or sub-committee do not have to be
 
 
members of the Office.
35
 
(4)
Members of a sub-committee do not have to be members of the
 
 
appointing committee.
 

Page 291

 
(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

5
 
8
(1)
The Local Audit Office may (subject to sub-paragraph (5) ) delegate
 
 
any of its functions to—
 
 
(a)
a committee or sub-committee,
 
 
(b)
a member of the Office, or
 
 
(c)
a member of the Office’s staff.
10
 
(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—
15
 
(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
20
 
(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
25
 
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
30
 
(iii)
an annual report under paragraph 15 .
 

Procedure

 
 
9
(1)
The Local Audit Office may determine its own procedure
 
 
(including quorum) and that of its committees and
 
 
sub-committees.
35
 
(2)
The validity of any proceedings of the Office is not affected by
 
 
any vacancy or defective appointment.
 

Page 292

General power

 
 
10
The Local Audit Office may do anything it thinks appropriate
 
 
for the purposes of, or in connection with, its functions.
 

Status

 
 
11
(1)
The Local Audit Office is not to be regarded—
5
 
(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.
10
 
(3)
Service as a member, or a member of staff, of the Office is not
 
 
service in the civil service of the State.
 

Seal and evidence

 
 
12
(1)
The application of the Local Audit Office’s seal must be
 
 
authenticated by a signature of—
15
 
(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
20
 
(b)
is to be taken to be executed or signed in that way, unless
 
 
the contrary is shown.
 

Accounts

 
 
13
(1)
The Local Audit Office must—
 
 
(a)
keep proper accounts and proper records in relation to
25
 
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
30
 
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
35
 
(b)
send a copy of each report and certified statement to the
 
 
Secretary of State.
 

Page 293

 
(4)
The Secretary of State must lay before Parliament a copy of each
 
 
such report and certified statement.
 

Business planning

 
 
14
(1)
The Local Audit Office must have—
 
 
(a)
a business plan, and
5
 
(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
10
 
strategy.
 
 
(4)
The Office may revise its business plan or corporate strategy, and
 
 
must publish any revision.
 

Annual report

 
 
15
(1)
As soon as reasonably practicable after the end of each financial
15
 
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

20

Transitional provision

 

Initial appointment of Controller of Local Audit

 
 
2
(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;
25
 
(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
30
 
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.
 

Page 294

Initial business plans and corporate strategy

 
 
3
(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—
5
 
(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

10
 
4
(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
15
 
(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”.
20
 
(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.
25
 
(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;
30
 
(b)
for any such modifications to have effect from the date when the
 
 
original scheme comes into effect.
 

Property transfer schemes

 
 
5
(1)
The Secretary of State may make one or more schemes for the transfer of
 
 
property, rights and liabilities from Public Sector Audit Appointments
35
 
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”.
 

Page 295

 
(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.
5
 
(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;
10
 
(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
15
 
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—
20
 
(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.
25

Part 3

 

Application of other legislation

 

Public Records Act 1958 (c. 51)

 
 
6
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
30
 
records), at the appropriate place insert—
 
 
“The Local Audit Office.”
 

Parliamentary Commissioner Act 1967 (c. 13)

 
 
7
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
 
 
etc subject to investigation), at the appropriate place insert—
35
 
“The Local Audit Office.”
 

Page 296

House of Commons Disqualification Act 1975 (c. 24)

 
 
8
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.”
5

Freedom of Information Act 2000 (c. 36)

 
 
9
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)

10
 
10
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)
15

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

20

Provision of information to the Local Audit Office

 
 
1
(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
25
 
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.
 

Page 297

Directions to secure compliance

 
 
2
(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) ,
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
10
 
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—
15
 
(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

 
 
3
(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
20
 
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,
25
 
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
30
 
(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

 
 
4
(1)
No person within sub-paragraph (2) is to be liable in damages for anything
35
 
done or omitted in the discharge or purported discharge of functions to
 
 
which this sub-paragraph applies.
 
 
(2)
The persons within this subsection are—
 

Page 298

 
(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—
5
 
(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
10
 
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,
15
 
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
20
 
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

25

Introduction

 
 
1
(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;
30
 
“the registration body” means the body keeping that register.
 

Eligibility criteria and procedures

 
 
2
(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.
35

Page 299

 
(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

 
 
3
(1)
The registration body must secure that each provider is bound by rules
5
 
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
10
 
registration rules, of the cost to providers of complying with those rules
 
 
and any other controls to which they are subject.
 

Professional qualifications

 
 
4
(1)
The criteria and procedures in place under paragraph 2 must be designed
 
 
to secure that—
15
 
(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;
20
 
(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
25
 
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

 
 
5
(1)
The registration rules must include rules designed to secure that—
30
 
(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.
35
 
(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
 

Page 300

 
(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
5
 
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
10
 
qualification requirement for the purposes of paragraph 4 (1) (a) .
 

Lead partners

 
 
6
(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.
15
 
(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
20
 
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.
25
 
(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

 
 
7
(1)
The registration body must have effective arrangements for the investigation
30
 
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.
35

Meeting of claims

 
 
8
(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
 

Page 301

 
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

5
 
9
(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,
10
 
(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
15
 
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
20
 
of any inspections not carried out by the Local Audit Office to be
 
 
reported to the Office.
 

Enforcement

 
 
10
(1)
The registration body must have in place—
 
 
(a)
arrangements for the investigation of suspected breaches by
25
 
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).
30

Provision and publication of information

 
 
11
(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
35
 
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—
 

Page 302

 
(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
5
 
under this Act.
 
 
Schedule 1D
Section 6D
 

Professional qualifications

 

Part 1

 

Requirements for registered providers

10

Qualification requirement for individuals

 
 
1
(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
15
 
(b)
falls within paragraph 4 or 5 of this Schedule.
 

Qualified control requirement for firms

 
 
2
(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—
20
 
(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
25
 
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.
30
 
(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.
 

Page 303

 
(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
5
 
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
10
 
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
15
 
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”

 
 
3
(1)
The Secretary of State may by regulations provide for a qualification to be
20
 
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
25
 
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
30
 
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
35
 
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;
40
 
(f)
provide for a recognition order to be revoked by a further order (a
 
 
“revocation order”);
 

Page 304

 
(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;
5
 
(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—
10
 
(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;
15
 
(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—
20
 
(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.
25

Cases in which an individual need not hold appropriate qualification: domestic cases

 
 
4
(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
30
 
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
35
 
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
40
 
Commission Act 1998,
 

Page 305

 
(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.
5

Cases in which an individual need not hold appropriate qualification: overseas cases

 
 
5
(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
10
 
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
15
 
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
20
 
(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,
25
 
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
30
 
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
35
 
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);
40
 
“specified state” means one of the states specified in Schedule 1 to the
 
 
principal Recognition Regulations;
 

Page 306

 
“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
5
 
Kingdom.
 

Part 2

 

Recognised qualifying bodies

 

“Recognised qualifying body”

 
 
6
In this Act, “recognised qualifying body” means a body that offers a
10
 
qualification that is an appropriate qualification by virtue of regulations
 
 
under paragraph 3 (1) of Schedule 1C .
 

Fees

 
 
7
The Secretary of State may by regulations provide for the payment of fees
 
 
by a body in respect of its—
15
 
(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.
20

Directions to secure compliance with international obligations

 
 
8
(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
25
 
(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.
30
 
(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.
35

Delegation of functions

 
 
9
(1)
The Secretary of State may by regulations—
 

Page 307

 
(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;
5
 
(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.
10
 
(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.
15
 
(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
20
 
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
25
 
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
30
 
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,
35
 
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
40
 
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) .”
 

Page 308

 
Schedule 30
Section 70
 

Local audit: minor and consequential amendments

 

Part 1

 

Amendments of the Local Audit and Accountability Act 2014

 
 
1
The Local Audit and Accountability Act 2014 is amended as follows.
5
 
2
In the heading of Part 3, at the end insert “: health service bodies”.
 
 
3
(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
10
 
“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
15
 
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
20
 
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)”.
25
 
(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.
30
 
(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
35
 
apply, or to apply with modifications, in relation to a health
 
 
service body to which the regulations apply.”
 

Page 309

 
4
(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”;
5
 
(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”;
10
 
(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) ”.
 
 
5
In section 9 (auditor panels)—
15
 
(a)
in subsection (1), for “relevant authority” substitute “health service
 
 
body”;
 
 
(b)
omit subsection (2).
 
 
6
(1)
Section 10 (functions of auditor panels) is amended as follows.
 
 
(2)
In subsection (1)—
20
 
(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”;
25
 
(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”.
30
 
(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
35
 
“body’s”;
 
 
(b)
in paragraph (c), for “relevant authority” substitute “health service
 
 
body”.
 

Page 310

 
(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).
5
 
(11)
In subsection (11), for “relevant authority” substitute “health service body”.
 
 
(12)
In subsection (13), for “relevant authority” substitute “health service body”.
 
 
7
Omit section 11 (relationship of relevant authority other than health service
 
 
body with auditor panel).
 
 
8
Omit section 12 (failure to appoint local auditor by relevant authority other
10
 
than health service body).
 
 
9
(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”.
15
 
(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.”
20
 
10
Omit section 15 (further provision about limitation of liability).
 
 
11
(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)—
25
 
(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
30
 
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)—
35
 
(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”;
 

Page 311

 
(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
5
 
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”.
10
 
12
(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)—
15
 
(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”.
20
 
(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”.
 
 
13
Omit Part 4 (eligibility and regulation of local auditors).
 
 
14
In section 23(3) (recovery of expenses in connection with obstruction
25
 
offences), for the words from “from” to the end substitute “under section
 
 
32A , so far as they are not recovered by any other means.”
 
 
15
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 .”
 
 
16
In section 27(7) (recovery of costs in connection with objection by elector),
30
 
for “from the relevant authority” substitute “under section 32A ”.
 
 
17
In section 28(7) (recovery of costs in considering application for declaration
 
 
of unlawfulness), for “from the relevant authority” substitute “under section
 
 
32A ”.
 
 
18
In section 31(6) (recovery of costs in considering application for judicial
35
 
review), for “from the relevant authority” substitute “under section 32A ”.
 

Page 312

 
19
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.
5
 
(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
10
 
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
15
 
may recover the amount of those costs or expenses from the health
 
 
service body as a debt.”
 
 
20
After Part 5 insert—
 

Part 5A

 

Local audit: further provision

20

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.
25
 
(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)
30
 
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.
35

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—
5
 
(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
10
 
(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.
15
 
(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
20
 
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 .
25
 
(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.
30

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
35
 
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.
5
 
(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—
10
 
(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
15
 
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
20
 
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.
25
 
(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—
30
 
(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

35
32E
Effect of appointing a partnership
 
 
(1)
This section applies where a partnership constituted under the law
 
 
of—
 
 
(a)
England and Wales,
 

Page 315

 
(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
5
 
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
10
 
(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
15
 
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
20
 
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,
25
 
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—
30
 
(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—
35
 
(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.
 

Page 316

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.
5
 
(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
10
 
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
15
 
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
20
 
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
25
 
inspections of registered local audit providers that have been carried
 
 
out further to arrangements made for the purposes of paragraph 9
 
 
of Schedule 1C .”
 
 
21
In section 43(4) (orders and regulations subject to affirmative procedure)—
 
 
(a)
in paragraphs (d) and (e), for “smaller” substitute “category 2”;
30
 
(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—
35
 
“(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
5
 
(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).
10
 
22
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
15
 
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,
20
 
(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
25
 
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.
30
 
(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.”
35
 
23
(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) ;”;
5
 
““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,
10
 
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—
15
 
““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 ”.
20
 
24
Omit Schedule 3 (further provision about appointment of local auditors).
 
 
25
(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
25
 
(“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)—
30
 
(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”
35
 
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
 
(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—
10
 
“(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;
15
 
(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,”;
20
 
(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.
25
 
26
Omit Schedule 5 (eligibility and regulation of local auditors).
 
 
27
(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”;
30
 
(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—
35
 
(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”.
5
 
(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”.
10
 
(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”
15
 
substitute “Local Audit Office”;
 
 
(b)
in sub-paragraph (4), for “Comptroller and Auditor General”, in
 
 
each place it occurs, substitute “Office”.
 
 
28
(1)
Schedule 7 (reports and recommendations) is amended as follows.
 
 
(2)
In paragraph 1, for sub-paragraphs (5) and (6) substitute—
20
 
“(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.”
25
 
(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
30
 
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—
35
 
“(aa)
to the Local Audit Office,”.
 

Page 321

 
29
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
5
 
(regardless of whether it is in fact made), and
 
 
(b)
issuing an advisory notice.”
 
 
30
In Schedule 11 (disclosure of information), in paragraph 1, for sub-paragraph
 
 
(3) substitute—
 
 
“(3)
Those authorities are—
10
 
(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 .”
 
 
31
In Schedule 12 (related amendments), omit paragraph 78 and the preceding
15
 
italic heading.
 
 
32
Omit Schedule 13 (transitional provision concerning NHS bodies).
 

Part 2

 

Other amendments

 

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

20
 
33
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)

 
 
34
In Part 1 of Schedule 11A to the Companies Act 2006 (persons to whom
25
 
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.
30
 
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)

 
 
35
(1)
The Local Democracy, Economic Development and Construction Act 2009
35
 
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”;
5
 
(b)
omit paragraph 4 and the preceding italic heading.
 

Levelling-up and Regeneration Act 2023 (c. 55)

 
 
36
(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
10
 
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.
15
 
Schedule 31
Section 71
 

Business tenancies: prohibited terms relating to rent

 

Introduction

 
 
1
The Landlord and Tenant Act 1954 is amended in accordance with this
 
 
Schedule.
20

New Schedules

 
 
2
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

25
 
1
This Schedule applies to a tenancy if conditions A to D are met.
 

Condition A: a business tenancy

 
 
2
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
30
 
43(1)(d) (licensed premises).
 

Page 323

Condition B: a post-commencement tenancy

 
 
3
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.
5

Condition C: relevant rent review terms

 
 
4
(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
10
 
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
15
 
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.
20

Condition D: method for determining the new passing rent

 
 
5
(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
25
 
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;
30
 
(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
35
 
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—
5
 
(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

10
 
6
(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
15
 
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
20
 
reference amount.
 
 
(4)
The amount of the new passing rent is instead to be the same as
 
 
the reference amount.
 

Exceptions

 
 
7
(1)
The Secretary of State may, by regulations, provide for exceptions
25
 
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;
30
 
(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

35
 
8
(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.
5
 
(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

 
 
9
(1)
This paragraph applies if—
 
 
(a)
an action is necessary for a particular rent review to
10
 
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.
15
 
(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

20
 
10
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.
25

Interpretation

 
 
11
In this Schedule, in relation to a tenancy—
 
 
“inflation” means a change in prices or costs (including a
 
 
change in certain kinds of prices or costs) whether or not
 
 
calculated by an official index; and here “prices or costs”
30
 
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;
35
 
“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

5
 
1
This Schedule applies to an arrangement if conditions A to F are
 
 
met.
 

Condition A: a business tenancy

 
 
2
(1)
Condition A is met if Part 2 of this Act—
 
 
(a)
applies to a tenancy, or
10
 
(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
15
 
to as the “relevant premises”.
 

Condition B: a put option

 
 
3
(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
20
 
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”.
25

Condition C: a post-commencement put option

 
 
4
Condition C is met if the put option is entered into after this
 
 
Schedule comes into force.
 

Condition D: initial rent not known

 
 
5
Condition D is met if the rent payable at the start of the term of
30
 
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

 
 
6
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
5
 
as the put option).
 

Condition F: method for determining the initial rent

 
 
7
(1)
Condition F is met if the rent determination terms include
 
 
elements 1 and 2 (whether or not they include any other
 
 
elements).
10
 
(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—
15
 
(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)
20
 
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
25
 
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).
30
 
(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).
35

Amount of initial rent to be larger than reference amount

 
 
8
(1)
This paragraph applies in relation to the new tenancy if the
 
 
amount of the initial rent determined in accordance with the rent
 
 
determination terms would be larger than the reference amount.
 

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
5
 
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

10
 
9
(1)
The Secretary of State may, by regulations, provide for exceptions
 
 
from paragraph 8 (whether an exception relates to the paragraph
 
 
generally or to an aspect of the paragraph).
 
 
(2)
Regulations under this paragraph—
 
 
(a)
may include transitional or saving provision;
15
 
(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.
20

Anti-avoidance

 
 
10
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
25
 
of this Schedule.
 

Interpretation

 
 
11
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
30
 
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) ;
35
 
“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

 
 
3
In section 56 (application to the Crown), after subsection (6) insert—
 
 
“(6A)
Section 54A and Schedules 7A and 7B apply where the interest of
5
 
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
10
 
so belonging or held.”
 
Amendments

No amendments available.