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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This is the latest version of the Bill

Available Versions

27 Nov 2025
Lords: Committee
HL Bill 150 (as brought from the Commons)
(0 amendments - 0 agreed)
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
Date Debate
Tuesday 25th November 2025 Report stage (day 2)
Monday 24th November 2025 Report stage (day 1)
10 Jul 2025
Commons: Committee
Bill 283 2024-25 (as introduced)
(475 amendments - 215 agreed)
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

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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 GLA.
 

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 25 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 25 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 25 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 25 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
 
 
25 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 42 (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 to be 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 to be 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, or”.
 
 
(3)
In Schedule 1 to LURA 2023 (overview and scrutiny committees etc), in
20
 
paragraph 1 (functions of overview and scrutiny committees), after
 
 
sub-paragraph (4) insert—
 
 
“(4A)
Paragraph 10 of Schedule 2A makes provision about particular
 
 
functions of overview and scrutiny committees in relation to
 
 
commissioners appointed under section 29A .”
25
 
(4)
After section 107C of LDEDCA 2009 insert—
 
“107CA
Appointment of commissioners by the mayor
 
 
(1)
The mayor for the area of a combined authority may appoint not more
 
 
than 7 persons—
 
 
(a)
to assist the mayor in the exercise of the mayor’s general
30
 
functions in relation to the areas of competence, and
 
 
(b)
to otherwise assist the mayor in relation to the exercise by the
 
 
combined authority of functions which relate to the areas of
 
 
competence.
 
 
(2)
A person appointed under this section is referred to in this Part as a
35
 
“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, or”.
 
 
(6)
In Schedule 5A to LDEDCA 2009 (overview and scrutiny committees etc), in
 
 
paragraph 1 (functions of overview and scrutiny committees), after
 
 
sub-paragraph (4) insert—
10
 
“(4A)
Paragraph 10 of Schedule 5BA makes provision about particular
 
 
functions of overview and scrutiny committees in relation to
 
 
commissioners appointed under section 107CA .”
 
 
(7)
Schedule 3 inserts the new Schedule 2A into LURA 2023 and the new Schedule
 
 
5BA into LDEDCA 2009.
15
 
10
Combined authorities and CCAs: allowances for members with special
 

responsibilities

 
 
(1)
LURA 2023 is amended in accordance with subsections (2) and (3) .
 
 
(2)
After section 52 insert—
 
“52A
Allowances for members with special responsibilities
20
 
(1)
A CCA may—
 
 
(a)
make a scheme providing for the payment of allowances to
 
 
members of the CCA who have special responsibilities, and
 
 
(b)
pay allowances in accordance with the scheme.
 
 
(2)
A CCA may only make a scheme if—
25
 
(a)
the CCA has considered a report published by a relevant
 
 
remuneration panel which contains recommendations for the
 
 
allowances provided for in the scheme, and
 
 
(b)
the allowances payable under the scheme do not exceed the
 
 
amounts specified in the recommendations made by the
30
 
relevant remuneration panel.
 
 
(3)
A CCA which has made a scheme under this section must produce
 
 
and publish reports on the allowances paid under the scheme
 
 
(including their amounts).
 
 
(4)
In exercising the powers conferred by this section, or complying with
35
 
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, or
25
 
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)
omit subsection (11)(a);
35
 
(b)
in subsection (11)(b), for “that section” substitute “section 107G of the
 
 
Local Democracy, Economic Development and Construction Act 2009”;
 
 
(c)
omit subsection (12)(a);
 
 
(d)
in subsection (12)(b), for “that section” substitute “section 41 of the
 
 
Levelling-up and Regeneration Act 2023”.
40
 
(2)
In section 107G of LDEDCA 2009 (mayors for combined authority areas:
 
 
financial matters)—
 

Page 15

 
(a)
omit subsection (1);
 
 
(b)
in subsection (2), omit “in respect of mayoral functions”;
 
 
(c)
in subsection (4)(a), for the words from “consists” to the end of that
 
 
paragraph substitute “includes a separate component in respect of the
 
 
mayor’s PCC functions,”;
5
 
(d)
in subsection (5)(b), after “functions,” insert “or the other functions of
 
 
the authority (other than any PCC functions that are exercisable by
 
 
the mayor), or both”.
 
 
(3)
In section 41 of LURA 2023 (mayors for CCA areas: financial matters),
 
 
(a)
omit subsection (1);
10
 
(b)
in subsection (2), omit “in respect of mayoral functions”;
 
 
(c)
in subsection (4)(a), for the words from “consists” to the end of that
 
 
paragraph substitute “includes a separate component in respect of the
 
 
mayor’s PCC functions,”;
 
 
(d)
in subsection (5)(b), after “functions,” insert “or the other functions of
15
 
the CCA (other than any PCC functions that are exercisable by the
 
 
mayor), or both”.
 
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 the power to borrow money for a
 
 
purpose relevant to a function other than its transport,
 
 
police or fire and rescue functions;
 
 
(iii)
once it has obtained consent in accordance with
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 of the English Devolution and Community Empowerment
 
 
Act 2025 comes into force;
 
 
“non-mayoral CCA” means a CCA other than a mayoral CCA;
 
 
“non-mayoral combined authority” means a combined authority
30
 
other than a mayoral combined authority;
 
 
“transport, police or fire and rescue functions” , in relation to a
 
 
mayoral combined authority or mayoral CCA, means—
 
 
(a)
transport functions of the combined authority or CCA,
 
 
(b)
functions of a police and crime commissioner exercisable
35
 
by the mayor for the area of the combined authority or
 
 
CCA, and
 
 
(c)
functions of a fire and rescue authority exercisable by
 
 
the mayor for the area of the combined authority or
 
 
CCA.”
40
 
(7)
The coming into force of this section does not affect the validity of—
 
 
(a)
any borrowing undertaken by a combined authority or CCA under
 
 
Part 1 of the Local Government Act 2003 before this section came into
 
 
force, or
 

Page 17

 
(b)
anything else done by a combined authority or CCA, or any other
 
 
person, before this section came into force—
 
 
(i)
under or for the purposes of Part 1 of the Local Government
 
 
Act 2003, or
 
 
(ii)
in relation to borrowing by a combined authority or CCA under
5
 
Part 1 of the Local Government Act 2003.
 
13
Levies
 
 
(1)
Section 74 of LGFA 1988 (levies) is amended in accordance with this section.
 
 
(2)
For subsections (8) and (10) substitute—
 
 
“(8)
A combined authority established under section 103 of the Local
10
 
Democracy, Economic Development and Construction Act 2009 is to
 
 
be treated as a levying body for the purposes of this section.
 
 
(8A)
A combined authority has (by virtue of this subsection) power to issue
 
 
to its constituent councils a levy under this section in respect of any
 
 
chargeable financial year to meet relevant transport costs in relation
15
 
to that year which are not otherwise met (for example by the issuing
 
 
of a precept).
 
 
(8B)
That power is to be exercised in accordance with regulations made
 
 
under subsection (2).
 
 
(8C)
Regulations under subsection (2) may be made conferring on a
20
 
combined authority power to issue to its constituent councils and in
 
 
accordance with the regulations a levy under this section in respect
 
 
of any chargeable financial year, but only to meet costs that are not
 
 
relevant transport costs.”
 
 
(3)
In subsection (11), for “subsection (8) that include provision within subsection
25
 
(10)(b)” substitute “subsection (8B) or (8C) ”.
 
 
(4)
In subsection (14)—
 
 
(a)
in the words before the definition of “constituent council”, after “(13)”
 
 
insert “and this subsection”;
 
 
(b)
after the definition of “mayoral functions” insert—
30
 
““relevant transport costs” means costs that are reasonably
 
 
attributable to the exercise of a combined authority’s functions,
 
 
excluding mayoral functions, relating to transport.”
 
 
(5)
For subsections (15) to (17) substitute—
 
 
“(15)
A combined county authority established under section 9(1) of the
35
 
Levelling-up and Regeneration Act 2023 is to be treated as a levying
 
 
body for the purposes of this section.
 
 
(15A)
A combined county authority has (by virtue of this subsection) power
 
 
to issue to its constituent councils a levy under this section in respect
 

Page 18

 
of any chargeable financial year to meet relevant transport costs in
 
 
relation to that year which are not otherwise met (for example by the
 
 
issuing of a precept).
 
 
(15B)
That power is to be exercised in accordance with regulations made
 
 
under subsection (2).
5
 
(15C)
Regulations under subsection (2) may be made conferring on a
 
 
combined county authority power to issue to its constituent councils
 
 
and in accordance with the regulations a levy under this section in
 
 
respect of any chargeable financial year, but only to meet costs that
 
 
are not relevant transport costs.”
10
 
(6)
In subsection (17), for “of subsection (15)” substitute “subsection (15B) or
 
 
(15C) ”.
 
 
(7)
In subsection (18)—
 
 
(a)
in the words before the definition of “constituent council”, after “(17)”
 
 
insert “and this subsection”;
15
 
(b)
after the definition of “mayoral functions” insert—
 
 
““relevant transport costs” means costs that are reasonably
 
 
attributable to the exercise of a combined county authority’s
 
 
functions, excluding mayoral functions, relating to transport.”
 
14
Combined authorities and CCAs: minor amendments
20
 
(1)
In section 57 of LURA 2023 (interpretation)—
 
 
(a)
after the definition of “economic prosperity board” insert—
 
 
““established mayoral strategic authority” means a mayoral CCA
 
 
designated by the Secretary of State under section 25A ;”;
 
 
(b)
after the definition of “non-constituent member” insert—
25
 
““non-mayoral CCA” means a CCA that is not a mayoral CCA;”.
 
 
(2)
Part 6 of LDEDCA 2009 is amended as follows—
 

Page 19

 
(a)
before the italic heading before section 88 insert—
 

Chapter 1

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

Chapter 2

5
 
Combined authorities
 
 
(c)
before the italic heading before section 113A insert—
 

Chapter 3

 
 
General provision
 
 
(3)
In section 120 of LDEDCA 2009 (interpretation)—
10
 
(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—
15
 
““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 GLAA 1999 insert—
20
 
“Additional functions
 
40A
Additional functions of the Authority, Mayor and functional bodies
 
 
Schedule 25 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
25
 
bodies.”
 

Page 20

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—
 
 
“9B
(1)
A person is disqualified for holding office as the mayor for the area
5
 
of a combined authority if the person is an elected member of a
 
 
legislature in the United Kingdom.
 
 
(2)
In this section “elected member of a legislature in the United
 
 
Kingdom” means a member of—
 
 
(a)
the House of Commons;
10
 
(b)
the Scottish Parliament;
 
 
(c)
Senedd Cymru;
 
 
(d)
the Northern Ireland Assembly.”
 
 
(2)
In Schedule 5C to that Act (mayors for combined authority areas: PCC
 
 
functions), in paragraph 9 (disqualification)—
15
 
(a)
in sub-paragraph (1), for “sections 64 to 68” substitute “sections 64 to
 
 
66 and section 68”;
 
 
(b)
in sub-paragraph (2), for “and 9A” substitute “, 9A and 9B”.
 
 
(3)
In Schedule 2 to LURA 2023 (mayors for combined county authority areas:
 
 
further provisions about elections), after paragraph 9 insert—
20
 
“9A
(1)
A person is disqualified for holding office as the mayor for the area
 
 
of a CCA if the person is an elected member of a legislature in the
 
 
United Kingdom.
 
 
(2)
In this section “elected member of a legislature in the United
 
 
Kingdom” means a member of—
25
 
(a)
the House of Commons;
 
 
(b)
the Scottish Parliament;
 
 
(c)
Senedd Cymru;
 
 
(d)
the Northern Ireland Assembly.”
 
 
(4)
In Schedule 3 to that Act (mayors for combined county authority areas: PCC
30
 
functions), in paragraph 10 (disqualification)—
 
 
(a)
in sub-paragraph (1), for “sections 64 to 68” substitute “sections 64 to
 
 
66 and section 68”;
 
 
(b)
in sub-paragraph (2), for “and 9” substitute “, 9 and 9A”.
 
 
(5)
In the GLAA 1999, after section 21A insert—
35
“21B
Disqualification from being the Mayor: members of legislatures
 
 
(1)
A person is disqualified from being the mayor if the person is an
 
 
elected member of a legislature in the United Kingdom.
 

Page 21

 
(2)
In this section “elected member of a legislature in the United Kingdom”
 
 
means a member of—
 
 
(a)
the House of Commons;
 
 
(b)
the Scottish Parliament;
 
 
(c)
Senedd Cymru;
5
 
(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—
 
 
“(1A)
Any mayoral function is to be taken to be a function of the CCA that
10
 
is exercisable only by the mayor acting on behalf of the CCA.
 
 
(1B)
The members and officers of a mayoral CCA may assist the mayor in
 
 
the exercise of any mayoral function (and here “members” means the
 
 
members of the constituent councils who are appointed to be members
 
 
of the CCA).
15
 
(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
 
 
(b)
a function which is conferred on the CCA by an enactment if
 
 
an enactment provides for the function to be exercisable only
20
 
by the mayor for the area of the CCA.”
 
 
(2)
In section 107D of LDEDCA 2009 (functions of mayors: general), after
 
 
subsection (1) insert—
 
 
“(1A)
Any mayoral function is to be taken to be a function of the combined
 
 
authority that is exercisable only by the mayor acting on behalf of the
25
 
combined authority.
 
 
(1B)
The members and officers of a mayoral combined authority may assist
 
 
the mayor in the exercise of any mayoral function (and here “members”
 
 
means the members of the constituent councils who are appointed to
 
 
be members of the combined authority).
30
 
(1C)
For the purposes of this section a “mayoral function” is—
 
 
(a)
a function which is conferred by an enactment on the mayor
 
 
for the area of the combined authority, or
 
 
(b)
a function which is conferred on the combined authority by
 
 
an enactment if an enactment provides for the function to be
35
 
exercisable only by the mayor for the area of the combined
 
 
authority.”
 

Page 22

18
The “general functions” of mayors
 
 
(1)
Section 30 of LURA 2023 (functions of mayors: general) is amended in
 
 
accordance with subsections (2) and (3) .
 
 
(2)
In subsection (2), after “exercisable by the mayor” insert “(whether by virtue
 
 
of regulations under subsection (1) or otherwise)”.
5
 
(3)
In subsection (8), for “by virtue of this Act” substitute “(whether by virtue of
 
 
this Act or otherwise)”.
 
 
(4)
Section 107D of LDEDCA 2009 (functions of mayors: general) is amended in
 
 
accordance with subsections (5) and (6) .
 
 
(5)
In subsection (2), after “exercisable by the mayor” insert “(whether by virtue
10
 
of an order under subsection (1) or otherwise)”.
 
 
(6)
In subsection (6), for “by virtue of this Act” substitute “(whether by virtue of
 
 
this Act or otherwise)”.
 

Annual report on devolution

 
 
19
Report under section 1 of the Cities and Local Government Devolution Act
15

2016

 
 
For section 1 of the Cities and Local Government Devolution Act 2016
 
 
(devolution: annual report) substitute—
 
“1
Devolution: annual report
 
 
(1)
The Secretary of State must lay before each House of Parliament an
20
 
annual report about devolution for all areas within England pursuant
 
 
to the provisions of—
 
 
(a)
this Act,
 
 
(b)
Part 6 of the Local Democracy, Economic Development and
 
 
Construction Act 2009,
25
 
(c)
Chapter 1 of Part 2 of the Levelling-up and Regeneration Act
 
 
2023,
 
 
(d)
Parts 1 and 2 of the English Devolution and Community
 
 
Empowerment Act 2025, and
 
 
(e)
any other enactment.
30
 
(2)
The annual report must include information on—
 
 
(a)
the areas of the country where strategic authorities have been
 
 
established,
 
 
(b)
the areas of the country where proposals have been received
 
 
by the Secretary of State for establishment of a strategic
35
 
authority and negotiations have taken place but agreement has
 
 
not yet been reached,
 
 
(c)
strategic authorities which have moved from one category of
 
 
strategic authorities to another category,
 

Page 23

 
(d)
additional functions which have been conferred on strategic
 
 
authorities within each category of strategic authorities or on
 
 
particular strategic authorities, and
 
 
(e)
additional financial resources which have been devolved on
 
 
strategic authorities within each category of strategic authorities
5
 
or on particular strategic authorities.
 
 
(3)
The annual report must be laid before each House of Parliament as
 
 
soon as practicable after 31 March each year.
 
 
(4)
In this section “strategic authority” and “category of strategic
 
 
authorities” have the same meanings as in the English Devolution and
10
 
Community Empowerment Act 2025 (see section 86 (1) of that Act).”
 

Part 2

 

Functions of strategic authorities and mayors

 

Mayoral powers of competence

 
20
Extension of general power of competence to strategic authorities
15
 
Schedule 4 amends the Localism Act 2011 to extend the general power of
 
 
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
20
17B
Mayoral power to convene meetings with local partners
 
 
(1)
The mayor for the area of a CCA may convene meetings with local
 
 
partners to consider relevant local matters.
 
 
(2)
In exercising the function of convening meetings, a mayor must have
 
 
regard to any guidance issued for this purpose by the Secretary of
25
 
State.
 
 
(3)
If a mayor notifies a local partner that the mayor intends to convene
 
 
a meeting under this section with that local partner, the local partner
 
 
must respond to the notification.
 
 
(4)
In responding to a notification given by a mayor, a local partner must
30
 
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

Page 24

 
“relevant local matter” , in relation to the mayor for the area of a
 
 
CCA, means a matter which relates both to—
 
 
(a)
the area of the CCA, and
 
 
(b)
one or more of the areas of competence set out in
 
 
section 2 of the English Devolution and Community
5
 
Empowerment Act 2025.”
 
 
(2)
In section 252 of LURA 2023 (regulations)—
 
 
(a)
in subsection (5)(a), after “subsection” insert “(8)(aa) or;
 
 
(b)
in subsection (8), before paragraph (a) insert—
 
 
“(aa)
under section 17B(5);”.
10
 
(3)
After section 103A of LDEDCA 2009 (inserted by section 5 of this Act) insert—
 
“103B
Mayoral power to convene meetings with local partners
 
 
(1)
The mayor for the area of a combined authority may convene meetings
 
 
with local partners to consider relevant local matters.
 
 
(2)
In exercising the function of convening meetings, a mayor must have
15
 
regard to any guidance issued for this purpose by the Secretary of
 
 
State.
 
 
(3)
If a mayor notifies a local partner that the mayor intends to convene
 
 
a meeting under this section with that local partner, the local partner
 
 
must respond to the notification.
20
 
(4)
In responding to a notification given by a mayor, a local partner must
 
 
have regard to any guidance issued for this purpose by the Secretary
 
 
of State.
 
 
(5)
In this section—
 
 
“local partner” means a person specified, or of a description
25
 
specified, in regulations made by the Secretary of State;
 
 
“relevant local matter” , in relation to the mayor for the area of a
 
 
combined authority, means a matter which relates both to—
 
 
(a)
the area of the combined authority, and
 
 
(b)
one or more of the areas of competence set out in
30
 
section 2 of the English Devolution and Community
 
 
Empowerment Act 2025.”
 
 
(4)
In section 117 of LDEDCA 2009 (orders and regulations), in subsection (3)(a),
 
 
after “order” insert “or regulations”.
 

Page 25

 
(5)
After section 40A of GLAA 1999 (inserted by section 15 of this Act) insert—
 
 
“Collaboration
 
40B
Mayor’s power to convene meetings with local partners
 
 
(1)
The Mayor may convene meetings with local partners to consider
 
 
relevant local matters.
5
 
(2)
In exercising the function of convening meetings, the Mayor must
 
 
have regard to any guidance issued for this purpose by the Secretary
 
 
of State.
 
 
(3)
If the Mayor notifies a local partner that the Mayor intends to convene
 
 
a meeting under this section with that local partner, the local partner
10
 
must respond to the notification.
 
 
(4)
In responding to a notification given by the Mayor, a local partner
 
 
must have regard to any guidance issued for this purpose by the
 
 
Secretary of State.
 
 
(5)
In this section—
15
 
“local partner” means a person specified, or of a description
 
 
specified, in regulations made by the Secretary of State;
 
 
“relevant local matter” , in relation to the Mayor of London, means
 
 
a matter which relates both to—
 
 
(a)
Greater London, and
20
 
(b)
one or more of the areas of competence set out in
 
 
section 2 of the English Devolution and Community
 
 
Empowerment Act 2025.”
 
 
(6)
In section 420 of GLAA 1999 (regulations and orders), in subsection (7), in
 
 
the appropriate place, insert “section 40B;”.
25
22
Duty of mayors to collaborate
 
 
(1)
After section 17B of LURA 2023 (inserted by section 21 of this Act) insert—
 
“17C
Request to collaborate
 
 
(1)
The mayor for the area of a CCA (“mayor A”) may make a request to
 
 
another elected mayor (“mayor B”) for the mayors to collaborate in
30
 
relation to a matter relating to one or more areas of competence.
 
 
(2)
A collaboration request must specify—
 
 
(a)
the matter on which mayor A wants the mayors to collaborate,
 
 
and
 
 
(b)
the way in which mayor A wants the mayors to collaborate.
35
 
(3)
Mayor A may make a collaboration request only if mayor A considers
 
 
that the requested collaboration would be likely to improve the
 
 
economic, social or environmental well-being of—
 

Page 26

 
(a)
some or all of the people who live or work in mayor A’s area,
 
 
or
 
 
(b)
some or all of the people who live or work in mayor A’s area
 
 
and some or all of the people who live or work in mayor B’s
 
 
area.
5
 
(4)
Mayor A may make a collaboration request only if mayor A’s area
 
 
adjoins mayor B’s area.
 
 
(5)
A collaboration request must be in writing.
 
 
(6)
Mayor A must publish, in such manner as the mayor thinks
 
 
appropriate, any collaboration request which the mayor makes.
10
 
(7)
The mayors for the areas of CCAs must have regard to any guidance
 
 
issued by the Secretary of State in exercising powers, and complying
 
 
with duties, under this section.
 
 
(8)
Section 17E makes provision about collaboration requests made by,
 
 
or to, two or more elected mayors.
15
 
(9)
In this section, section 17D and section 17E —
 
 
“area of competence” has the same meaning as in the English
 
 
Devolution and Community Empowerment Act 2025 (see
 
 
section 2 of that Act);
 
 
“collaboration request” means a request made under subsection
20
 
(1) ;
 
 
“elected mayor” means—
 
 
(a)
the mayor for the area of a CCA,
 
 
(b)
the mayor for the area of a combined authority, or
 
 
(c)
the Mayor of London;
25
 
“mayor A” has the meaning given in subsection (1) ;
 
 
“mayor A’s area” means the area for which mayor A is the mayor;
 
 
“mayor B” has the meaning given in subsection (1) ;
 
 
“mayor B’s area” means the area for which mayor B is the mayor.
 
17D
Responding to a collaboration request
30
 
(1)
In a case where a collaboration request is made to mayor B, the mayor
 
 
must—
 
 
(a)
consider the collaboration request and decide how to respond,
 
 
(b)
set out the response in writing,
 
 
(c)
give the response to mayor A, and
35
 
(d)
publish, in such manner as the mayor thinks appropriate, the
 
 
response.
 
 
(2)
In considering the collaboration request and deciding how to respond,
 
 
mayor B must have regard to the economic, social and environmental
 

Page 27

 
well-being of some or all of the people who live or work in mayor
 
 
B’s area.
 
 
(3)
If mayor B decides not to agree to the collaboration request, or any
 
 
part of it, mayor B must—
 
 
(a)
give the reasons for that decision, and
5
 
(b)
include the reasons in the response to mayor A.
 
 
(4)
Mayors to whom collaboration requests are made must have regard
 
 
to any guidance issued by the Secretary of State in exercising the
 
 
powers, and complying with the duties, under this section.
 
17E
Collaboration requests made by or to several mayors
10
 
(1)
Two or more elected mayors (the “requesting mayors”) may make a
 
 
collaboration request to a single elected mayor (the “potential
 
 
collaborating mayor”) if—
 
 
(a)
at least one of the requesting mayors is the mayor for the area
 
 
of a CCA, and
15
 
(b)
each requesting mayor’s area meets the neighbour test.
 
 
(2)
For that purpose, a requesting mayor’s area meets the neighbour test
 
 
if that area—
 
 
(a)
adjoins every other requesting mayor’s area, and
 
 
(b)
adjoins the potential collaborating mayor’s area.
20
 
(3)
If two or more elected mayors make a collaboration request to a single
 
 
elected mayor—
 
 
(a)
sections 17C and 17D apply in relation to each of the requesting
 
 
mayors separately, and
 
 
(b)
accordingly, in the application of those sections in relation to
25
 
a particular requesting mayor, “mayor A” means that mayor.
 
 
(4)
A single mayor for the area of a CCA (the “requesting mayor”) may
 
 
make a collaboration request to two or more elected mayors (the
 
 
“potential collaborating mayors”) if each potential collaborating mayor’s
 
 
area meets the neighbour test.
30
 
(5)
For that purpose, a potential collaborating mayor’s area meets the
 
 
neighbour test if that area adjoins the requesting mayor’s area.
 
 
(6)
If a single mayor for the area of a CCA makes a collaboration request
 
 
to two or more elected mayors—
 
 
(a)
sections 17C and 17D apply in relation to each of the potential
35
 
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.
 

Page 28

 
(7)
Two or more elected mayors (the “requesting mayors”) may make a
 
 
collaboration request to two or more elected mayors (the “potential
 
 
collaborating mayors”) if—
 
 
(a)
at least one of the requesting mayors is the mayor for the area
 
 
of a CCA,
5
 
(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—
10
 
(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.
15
 
(10)
If two or more elected mayors make a collaboration request to two or
 
 
more elected mayors—
 
 
(a)
sections 17C and 17D apply in relation to each of the requesting
 
 
mayors separately, and
 
 
(b)
accordingly, in the application of those sections in relation to
20
 
a particular requesting mayor, “mayor A” means that mayor;
 
 
(c)
sections 17C and 17D apply in relation to each of the potential
 
 
collaborating mayors separately, and
 
 
(d)
accordingly, in the application of those sections in relation to
 
 
a particular potential collaborating mayor, “mayor B” means
25
 
that mayor.
 
 
(11)
In this section—
 
 
“potential collaborating mayor’s area” means the area for which
 
 
a potential collaborating mayor is the mayor;
 
 
“requesting mayor’s area” means the area for which a requesting
30
 
mayor is the mayor.”
 
 
(2)
After section 103B of LDEDCA 2009 (inserted by section 21 of this Act) insert—
 
“103C
Request to collaborate
 
 
(1)
The mayor for the area of a combined authority (“mayor A”) may
 
 
make a request to another elected mayor (“mayor B”) for the mayors
35
 
to collaborate in relation to a matter relating to one or more areas of
 
 
competence.
 
 
(2)
A collaboration request must specify—
 
 
(a)
the matter on which mayor A wants the mayors to collaborate,
 
 
and
40
 
(b)
the way in which mayor A wants the mayors to collaborate.
 

Page 29

 
(3)
Mayor A may make a collaboration request only if mayor A considers
 
 
that the requested collaboration would be likely to improve the
 
 
economic, social or environmental well-being of—
 
 
(a)
some or all of the people who live or work in mayor A’s area,
 
 
or
5
 
(b)
some or all of the people who live or work in mayor A’s area
 
 
and some or all of the people who live or work in mayor B’s
 
 
area.
 
 
(4)
Mayor A may make a collaboration request only if mayor A’s area
 
 
adjoins mayor B’s area.
10
 
(5)
A collaboration request must be in writing.
 
 
(6)
Mayor A must publish, in such manner as the mayor thinks
 
 
appropriate, any collaboration request which the mayor makes.
 
 
(7)
The mayors for the areas of combined authorities must have regard
 
 
to any guidance issued by the Secretary of State in exercising powers,
15
 
and complying with duties, under this section.
 
 
(8)
Section 103E makes provision about collaboration requests made by,
 
 
or to, two or more elected mayors.
 
 
(9)
In this section, section 103D and section 103E —
 
 
“area of competence” has the same meaning as in the English
20
 
Devolution and Community Empowerment Act 2025 (see
 
 
section 2 of that Act);
 
 
“collaboration request” means a request made under subsection
 
 
(1) ;
 
 
“elected mayor” means—
25
 
(a)
the mayor for the area of a combined authority,
 
 
(b)
the mayor for the area of a combined county authority,
 
 
or
 
 
(c)
the Mayor of London;
 
 
“mayor A” has the meaning given in subsection (1) ;
30
 
“mayor A’s area” means the area for which mayor A is the mayor;
 
 
“mayor B” has the meaning given in subsection (1) ;
 
 
“mayor B’s area” means the area for which mayor B is the mayor.
 
103D
Responding to a collaboration request
 
 
(1)
In a case where a collaboration request is made to mayor B, the mayor
35
 
must—
 
 
(a)
consider the collaboration request and decide how to respond,
 
 
(b)
set out the response in writing,
 
 
(c)
give the response to mayor A, and
 

Page 30

 
(d)
publish, in such manner as the mayor thinks appropriate, the
 
 
response.
 
 
(2)
In considering the collaboration request and deciding how to respond,
 
 
mayor B must have regard to the economic, social and environmental
 
 
well-being of some or all of the people who live or work in mayor
5
 
B’s area.
 
 
(3)
If mayor B decides not to agree to the collaboration request, or any
 
 
part of it, mayor B must—
 
 
(a)
give the reasons for that decision, and
 
 
(b)
include the reasons in the response to mayor A.
10
 
(4)
Mayors to whom collaboration requests are made must have regard
 
 
to any guidance issued by the Secretary of State in exercising the
 
 
powers, and complying with the duties, under this section.
 
103E
Collaboration requests made by or to several mayors
 
 
(1)
Two or more elected mayors (the “requesting mayors”) may make a
15
 
collaboration request to a single elected mayor (the “potential
 
 
collaborating mayor”) if—
 
 
(a)
at least one of the requesting mayors is the mayor for the area
 
 
of a combined authority, and
 
 
(b)
each requesting mayor’s area meets the neighbour test.
20
 
(2)
For that purpose, a requesting mayor’s area meets the neighbour test
 
 
if that area—
 
 
(a)
adjoins every other requesting mayor’s area, and
 
 
(b)
adjoins the potential collaborating mayor’s area.
 
 
(3)
If two or more elected mayors make a collaboration request to a single
25
 
elected mayor—
 
 
(a)
sections 103C and 103D apply in relation to each of the
 
 
requesting mayors separately, and
 
 
(b)
accordingly, in the application of those sections in relation to
 
 
a particular requesting mayor, “mayor A” means that mayor.
30
 
(4)
A single mayor for the area of a combined authority (the “requesting
 
 
mayor”) may make a collaboration request to two or more elected
 
 
mayors (the “potential collaborating mayors”) if each potential
 
 
collaborating mayor’s area meets the neighbour test.
 
 
(5)
For that purpose, a potential collaborating mayor’s area meets the
35
 
neighbour test if that area adjoins the requesting mayor’s area.
 
 
(6)
If a single mayor for the area of a combined authority makes a
 
 
collaboration request to two or more elected mayors—
 
 
(a)
sections 103C and 103D apply in relation to each of the
 
 
potential collaborating mayors separately, and
40

Page 31

 
(b)
accordingly, in the application of those sections in relation to
 
 
a particular potential collaborating mayor, “mayor B” means
 
 
that mayor.
 
 
(7)
Two or more elected mayors (the “requesting mayors”) may make a
 
 
collaboration request to two or more elected mayors (the “potential
5
 
collaborating mayors”) if—
 
 
(a)
at least one of the requesting mayors is the mayor for the area
 
 
of a combined authority,
 
 
(b)
each requesting mayor’s area meets the neighbour test, and
 
 
(c)
each potential collaborating mayor’s area meets the neighbour
10
 
test.
 
 
(8)
For the purposes of subsection (7) , a requesting mayor’s area meets
 
 
the neighbour test if that area—
 
 
(a)
adjoins every other requesting mayor’s area, and
 
 
(b)
adjoins every potential collaborating mayor’s area.
15
 
(9)
For the purposes of subsection (7) , a potential collaborating mayor’s
 
 
area meets the neighbour test if that area adjoins every requesting
 
 
mayor’s area.
 
 
(10)
If two or more elected mayors make a collaboration request to two or
 
 
more elected mayors—
20
 
(a)
sections 103C and 103D apply in relation to each of the
 
 
requesting mayors separately, and
 
 
(b)
accordingly, in the application of those sections in relation to
 
 
a particular requesting mayor, “mayor A” means that mayor;
 
 
(c)
sections 103C and 103D apply in relation to each of the
25
 
potential collaborating mayors separately, and
 
 
(d)
accordingly, in the application of those sections in relation to
 
 
a particular potential collaborating mayor, “mayor B” means
 
 
that mayor.
 
 
(11)
In this section—
30
 
“potential collaborating mayor’s area” means the area for which
 
 
a potential collaborating mayor is the mayor;
 
 
“requesting mayor’s area” means the area for which a requesting
 
 
mayor is the mayor.”
 
 
(3)
After section 40B of GLAA 1999 (inserted by section 21 of this Act) insert—
35
“40C
Request to collaborate
 
 
(1)
The Mayor of London (“mayor A”) may make a request to another
 
 
elected mayor (“mayor B”) for the mayors to collaborate in relation to
 
 
a matter relating to one or more areas of competence.
 
 
(2)
A collaboration request must specify—
40

Page 32

 
(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
5
 
economic, social or environmental well-being of—
 
 
(a)
some or all of the people who live or work in Greater London,
 
 
or
 
 
(b)
some or all of the people who live or work in Greater London
 
 
and some or all of the people who live or work in mayor B’s
10
 
area.
 
 
(4)
Mayor A may make a collaboration request only if Greater London
 
 
adjoins mayor B’s area.
 
 
(5)
A collaboration request must be in writing.
 
 
(6)
Mayor A must publish, in such manner as the mayor thinks
15
 
appropriate, any collaboration request which the mayor makes.
 
 
(7)
The Mayor of London must have regard to any guidance issued by
 
 
the Secretary of State in exercising powers, and complying with duties,
 
 
under this section.
 
 
(8)
Section 40E makes provision about collaboration requests made by,
20
 
or to, two or more elected mayors.
 
 
(9)
In this section, section 40D and section 40E —
 
 
“area of competence” has the same meaning as in the English
 
 
Devolution and Community Empowerment Act 2025 (see
 
 
section 2 of that Act);
25
 
“collaboration request” means a request made under subsection
 
 
(1) ;
 
 
“elected mayor” means—
 
 
(a)
the Mayor of London,
 
 
(b)
the mayor for the area of a combined authority, or
30
 
(c)
the mayor for the area of a combined county authority;
 
 
“mayor A” has the meaning given in subsection (1) ;
 
 
“mayor B” has the meaning given in subsection (1) ;
 
 
“mayor B’s area” means the area for which mayor B is the mayor.
 
40D
Responding to a collaboration request
35
 
(1)
In a case where a collaboration request is made to mayor B, the mayor
 
 
must—
 
 
(a)
consider the collaboration request and decide how to respond,
 
 
(b)
set out the response in writing,
 
 
(c)
give the response to mayor A, and
40

Page 33

 
(d)
publish, in such manner as the mayor thinks appropriate, the
 
 
response.
 
 
(2)
In considering the collaboration request and deciding how to respond,
 
 
mayor B must have regard to the economic, social and environmental
 
 
well-being of some or all of the people who live or work in mayor
5
 
B’s area.
 
 
(3)
If mayor B decides not to agree to the collaboration request, or any
 
 
part of it, mayor B must—
 
 
(a)
give the reasons for that decision, and
 
 
(b)
include the reasons in the response to mayor A.
10
 
(4)
Mayors to whom collaboration requests are made must have regard
 
 
to any guidance issued by the Secretary of State in exercising the
 
 
powers, and complying with the duties, under this section.
 
40E
Collaboration requests made by or to several mayors
 
 
(1)
Two or more elected mayors (the “requesting mayors”) may make a
15
 
collaboration request to a single elected mayor (the “potential
 
 
collaborating mayor”) if—
 
 
(a)
at least one of the requesting mayors is the Mayor of London,
 
 
and
 
 
(b)
each requesting mayor’s area meets the neighbour test.
20
 
(2)
For that purpose, a requesting mayor’s area meets the neighbour test
 
 
if that area—
 
 
(a)
adjoins every other requesting mayor’s area, and
 
 
(b)
adjoins the potential collaborating mayor’s area.
 
 
(3)
If two or more elected mayors make a collaboration request to a single
25
 
elected mayor—
 
 
(a)
sections 40C and 40D apply in relation to each of the requesting
 
 
mayors separately, and
 
 
(b)
accordingly, in the application of those sections in relation to
 
 
a particular requesting mayor, “mayor A” means that mayor.
30
 
(4)
The Mayor of London (the “requesting mayor”) may make a
 
 
collaboration request to two or more elected mayors (the “potential
 
 
collaborating mayors”) if each potential collaborating mayor’s area
 
 
meets the neighbour test.
 
 
(5)
For that purpose, a potential collaborating mayor’s area meets the
35
 
neighbour test if that area adjoins Greater London.
 
 
(6)
If the Mayor of London makes a collaboration request to two or more
 
 
elected mayors—
 
 
(a)
sections 40C and 40D apply in relation to each of the potential
 
 
collaborating mayors separately, and
40

Page 34

 
(b)
accordingly, in the application of those sections in relation to
 
 
a particular potential collaborating mayor, “mayor B” means
 
 
that mayor.
 
 
(7)
Two or more elected mayors (the “requesting mayors”) may make a
 
 
collaboration request to two or more elected mayors (the “potential
5
 
collaborating mayors”) if—
 
 
(a)
at least one of the requesting mayors is the Mayor of London,
 
 
(b)
each requesting mayor’s area meets the neighbour test, and
 
 
(c)
each potential collaborating mayor’s area meets the neighbour
 
 
test.
10
 
(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
15
 
area meets the neighbour test if that area adjoins every requesting
 
 
mayor’s area.
 
 
(10)
If two or more elected mayors make a collaboration request to two or
 
 
more elected mayors—
 
 
(a)
sections 40C and 40D apply in relation to each of the requesting
20
 
mayors separately, and
 
 
(b)
accordingly, in the application of those sections in relation to
 
 
a particular requesting mayor, “mayor A” means that mayor;
 
 
(c)
sections 40C and 40D apply in relation to each of the potential
 
 
collaborating mayors separately, and
25
 
(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
30
 
a potential collaborating mayor is the mayor;
 
 
“requesting mayor’s area” means the area for which a requesting
 
 
mayor is the mayor.”
 

Transport and local infrastructure

 
23
Regulation of provision of micromobility vehicles
35
 
Schedule 5 confers on strategic authorities, and local authorities where there
 
 
is no strategic authority, powers to regulate the provision of micromobility
 
 
vehicles.
 

Page 35

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
Charges payable by undertakers executing works in maintainable highways
 
 
Schedule 7 makes provision about charges payable by undertakers executing
5
 
works in maintainable highways.
 
26
Civil enforcement of traffic contraventions
 
 
Schedule 8 confers on combined authorities and CCAs functions in relation
 
 
to civil enforcement of traffic contraventions.
 
27
Restrictions on disposal of land by Transport for London
10
 
(1)
The GLAA 1999 is amended as follows.
 
 
(2)
In section 163(1), in the words after paragraph (b), for “Secretary of State”
 
 
substitute “appropriate person”.
 
 
(3)
In section 163(2), for “Secretary of State” substitute “appropriate person”.
 
 
(4)
After section 163(4), insert—
15
 
“(4A)
Transport for London must consult Network Rail Limited, or a
 
 
subsidiary of Network Rail Limited nominated by Network Rail
 
 
Limited, before seeking from the appropriate person—
 
 
(a)
consent under subsection (1) in relation to land used by
 
 
Network Rail, or
20
 
(b)
consent under subsection (2) in relation to a company in which
 
 
is vested land used by Network Rail.
 
 
(4B)
The Secretary of State may by regulations—
 
 
(a)
amend subsection (4A) by adding or removing a person who
 
 
must be consulted under that subsection;
25
 
(b)
amend this section to include other requirements for Transport
 
 
for London to consult before seeking a consent under this
 
 
section.”
 
 
(5)
For 163(5) substitute—
 
 
“(5)
Any consent—
30
 
(a)
of the appropriate person under this section may be given in
 
 
relation to any particular transaction or description of
 
 
transactions; and
 
 
(b)
of the Secretary of State under this section may be given subject
 
 
to conditions.”
35
 
(6)
In section 163(7), for “Secretary of State”, substitute “appropriate person”.
 

Page 36

 
(7)
In section 163(8), before “operational land” insert—
 
 
““appropriate person” means—
 
 
(a)
in relation to consent under subsection (1)—
 
 
(i)
the Mayor of London, in a case where the consent
 
 
relates to land which is entirely within Greater London
5
 
and is not Crown land;
 
 
(ii)
the Secretary of State, in case where the consent relates
 
 
to any other land;
 
 
(b)
in relation to consent under subsection (2)—
 
 
(i)
the Mayor of London, in a case where all the operational
10
 
land vested in the subsidiary company is entirely within
 
 
Greater London and is not Crown land;
 
 
(ii)
the Secretary of State, in any other case;
 
 
“Crown land” means land in which the Crown has any estate or interest,
 
 
or over which the Crown has any right;
15
 
“land used by Network Rail” means—
 
 
(a)
land that is used wholly or partly for the provision of network
 
 
services by Network Rail; and
 
 
(b)
land that is used by Network Rail wholly or partly for a
 
 
purpose ancillary or incidental to use of land that falls within
20
 
paragraph (a);
 
 
“Network Rail” means Network Rail Limited or any subsidiary of
 
 
Network Rail Limited;
 
 
“network services” has the same meaning as in Part 1 of the Railways
 
 
Act 1993 (see section 82 of that Act);”
25
 
(8)
In section 164(a), after “Secretary of State” insert “or Mayor”.
 
 
(9)
In section 420, after subsection (5), insert—
 
 
“(5A)
A statutory instrument containing regulations under section 163(4B)
 
 
of this Act may not be made unless a draft of the instrument has been
 
 
laid before, and approved by a resolution of, each House of
30
 
Parliament.”
 
28
Key route network roads
 
 
Schedule 9 makes provision about key route network roads (including road
 
 
traffic reduction).
 

Page 37

29
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
5
 
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) —
10
 
(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
15
 
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
20
 
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.
25
 
(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);
30
 
(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;
35
 
(c)
must—
 
 
(i)
cause a copy of the applicable local transport plan to
 
 
be made available for inspection (at all reasonable
 
 
hours) at such places as it thinks fit,
 
 
(ii)
give notice, by such means as it thinks expedient for
40
 
bringing the applicable local transport plan to the
 
 
attention of the public, as to the places at which a copy
 
 
of it may be inspected, and
 

Page 38

 
(iii)
supply a copy of the applicable local transport plan (or
 
 
any part of it) to any person on request, either free of
 
 
charge or at a charge representing no more than the
 
 
cost of providing the copy.
 
 
(3)
In this section—
5
 
“applicable local transport plan” —
 
 
(a)
in relation to a metropolitan district council that is
 
 
within the area of an Integrated Transport Authority,
 
 
means the local transport plan of the ITA;
 
 
(b)
in relation to a constituent council of a combined
10
 
authority or combined county authority, means the local
 
 
transport plan of that authority;
 
 
“constituent council” —
 
 
(a)
in relation to a combined authority, means—
 
 
(i)
a county council the whole or any part of whose
15
 
area is within the area of the authority, or
 
 
(ii)
a district council whose area is within the area
 
 
of the authority;
 
 
(b)
in relation to a combined county authority, means—
 
 
(i)
a county council for an area within the area of
20
 
the authority, or
 
 
(ii)
a unitary district council for an area within the
 
 
area of the authority;
 
 
and here “unitary district council” means a district
 
 
council whose area does not form part of the area of a
25
 
county council.
 
 
(4)
In any enactment, a reference—
 
 
(a)
to section 108(1)(b) includes subsection (2) (a) of this section;
 
 
(b)
to section 108(2ZA) includes subsection (2) (b) (i) of this section;
 
 
(c)
to section 108(3B) includes subsection (2) (b) (ii) of this section;
30
 
(d)
to section 109(4) includes subsection (2) (c) of this section.”
 
30
Local transport authorities and other transport functions
 
 
Schedule 10 confers on combined authorities and CCAs functions as local
 
 
transport authorities and makes provision about other functions relating to
 
 
transport.
35

Skills and employment support

 
31
Education
 
 
Schedule 11 confers on strategic authorities functions relating to education.
 

Page 39

Housing and strategic planning

 
32
Planning applications of potential strategic importance
 
 
Schedule 12 confers on mayors of combined authorities and CCAs functions
 
 
in relation to planning applications of potential strategic importance.
 
33
Development orders
5
 
(1)
Schedule 13 confers on mayors of combined authorities and CCAs functions
 
 
in relation to development orders.
 
 
(2)
Schedule 14 contains amendments relating to section 32 and this section.
 
34
Power to charge community infrastructure levy
 
 
Schedule 15 confers on mayors of combined authorities and CCAs powers to
10
 
charge community infrastructure levy.
 
35
Acquisition and development of land
 
 
Schedule 16 confers on strategic authorities functions relating to the acquisition
 
 
and development of land.
 
36
Housing accommodation
15
 
Schedule 17 confers on combined authorities and CCAs functions relating to
 
 
housing accommodation.
 
37
Mayoral development corporations
 
 
Schedule 18 provides for mayoral development corporations to be established
 
 
within the areas of mayoral combined authorities and mayoral CCAs.
20

Economic development and regeneration

 
38
Assessment of economic conditions
 
 
Schedule 19 confers on combined authorities and CCAs functions in relation
 
 
to the assessment of economic conditions.
 
39
Local growth plans
25
 
Schedule 20 confers on mayoral strategic authorities functions in relation to
 
 
local growth plans.
 

Page 40

40
Local Government Act 2003: expenditure grant
 
 
(1)
Chapter 1 of Part 3 of the Local Government Act 2003 (expenditure grant) is
 
 
amended in accordance with this section.
 
 
(2)
In the heading of section 31 (power to pay grant), after “power” insert “of
 
 
Ministers”.
5
 
(3)
After section 32 insert—
 
“32A
Power of strategic authorities to pay grant
 
 
(1)
A combined authority or CCA may pay to a constituent council a
 
 
grant towards expenditure incurred or to be incurred by it.
 
 
(2)
The amount of a grant under this section and the manner of its
10
 
payment are to be such as the person paying it may determine.
 
 
(3)
A grant under this section may be paid on such conditions as the
 
 
person paying it may determine.
 
 
(4)
Conditions under subsection (3) may, in particular, include—
 
 
(a)
provision as to the use of the grant;
15
 
(b)
provision as to circumstances in which the whole or part of
 
 
the grant must be repaid.
 
 
(5)
Subsection (6) applies where, in exercising a function under this section,
 
 
a combined authority or CCA determines an amount of grant to be
 
 
paid towards expenditure incurred or to be incurred by a constituent
20
 
council in relation to the exercise of its highway functions.
 
 
(6)
In determining that amount, the combined authority or CCA must
 
 
have regard to the desirability of ensuring that the constituent council
 
 
has sufficient funds to facilitate the effective discharge of those highway
 
 
functions.
25
 
(7)
To comply with subsection (6) , the combined authority or CCA must
 
 
take into account any other sources of funding available to the
 
 
constituent council for expenditure incurred or to be incurred in
 
 
relation to the exercise of its highway functions.
 
 
(8)
The functions conferred by this section on a mayoral combined
30
 
authority or mayoral CCA are functions of the authority or CCA
 
 
exercisable only by the mayor on behalf of the authority or CCA.
 
 
(9)
In this section—
 
 
“combined authority” means a combined authority established
 
 
under section 103 of the Local Democracy, Economic
35
 
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—
40

Page 41

 
(a)
in relation to a combined authority—
 
 
(i)
a county council the whole or any part of whose
 
 
area is within the area of the authority, or
 
 
(ii)
a district council whose area is within the area
 
 
of the authority;
5
 
(b)
in relation to a combined county authority—
 
 
(i)
a county council for an area within the area of
 
 
the authority, or
 
 
(ii)
a unitary district council for an area within the
 
 
area of the authority;
10
 
“highway functions” means functions exercisable by a constituent
 
 
council (in whatever capacity) in relation to the highways for
 
 
which it is the highway authority;
 
 
“mayoral CCA” has the same meaning as in Chapter 1 of Part 2
 
 
of the Levelling-up and Regeneration Act 2023 (see section
15
 
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).”
 
41
Encouragement of visitors and promotion of visitors
20
 
(1)
LGA 1972 is amended in accordance with this section.
 
 
(2)
In section 144 (power to encourage visitors and provide conference and other
 
 
facilities), in subsections (1) and (2), after “local authority” insert “, combined
 
 
authority or combined county authority”.
 
 
(3)
In section 145 (provision of entertainments)—
25
 
(a)
in subsection (1), in the words before paragraph (a), after “local
 
 
authority” insert “, combined authority or combined county authority”;
 
 
(b)
in subsection (2), in the words before paragraph (a), after “local
 
 
authority” insert “, combined authority or combined county authority”.
 
42
Co-operation with local government pension scheme managers
30
 
(1)
After section 107ZB of LDEDCA 2009 (inserted by section 44 (1) of this Act ),
 
 
insert—
 
 
“Combined authorities: co-operation with local government pension scheme managers
 
107ZC
Co-operation with local government pension scheme managers
 
 
(1)
This section applies where a scheme manager is responsible for
35
 
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.
 

Page 42

 
(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,
5
 
the combined authority may fulfil its duty to co-operate with the
 
 
scheme manager under subsection (2) by co-operating with—
 
 
(a)
the scheme manager,
 
 
(b)
the asset pool company, or
 
 
(c)
both the scheme manager and the asset pool company.
10
 
(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—
15
 
“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
20
 
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
25
 
and other benefits payable under the scheme who maintains
 
 
a pension fund for the purposes of providing pensions and
 
 
other benefits under its part of the scheme).”
 
 
(2)
After section 24A of LURA 2023 (inserted by section 44 (2) of this Act), insert—
 
“24B
Co-operation with local government pension scheme managers
30
 
(1)
This section applies where a scheme manager is responsible for
 
 
managing and administering part of a scheme for local government
 
 
workers in England and Wales in relation to a current employee of—
 
 
(a)
a constituent council of a CCA, or
 
 
(b)
a district council which is not a constituent council where any
35
 
part of the area of the council falls within the area of a CCA,
 
 
in connection with that employment.
 
 
(2)
The CCA must cooperate with the scheme manager to identify and
 
 
develop investment opportunities appropriate to the pension fund
 
 
that the scheme manager maintains for its part of the scheme.
40

Page 43

 
(3)
Where the scheme manager participates in an asset pool company,
 
 
the CCA may fulfil its duty to co-operate with the scheme manager
 
 
under subsection (2) by co-operating with—
 
 
(a)
the scheme manager,
 
 
(b)
the asset pool company, or
5
 
(c)
both the scheme manager and the asset pool company.
 
 
(4)
A scheme manager participates in an asset pool company by—
 
 
(a)
being a shareholder of the company, or
 
 
(b)
contracting with the company for it to manage the funds and
 
 
other assets for which the scheme manager is responsible.
10
 
(5)
In this section—
 
 
“asset pool company” has the meaning given by section 1(7) of
 
 
the Pension Schemes Act 2025;
 
 
“local government worker” has the meaning given by section 37
 
 
of the Public Service Pensions Act 2013;
15
 
“scheme” has the meaning given by section 37 of the Public
 
 
Service Pensions Act 2013;
 
 
“scheme manager” , in relation to a scheme for local government
 
 
workers, means a person who is a scheme manager by virtue
 
 
of section 4(5) of the Public Service Pensions Act 2013 (being
20
 
a person responsible for the local administration of pensions
 
 
and other benefits payable under the scheme who maintains
 
 
a pension fund for the purposes of providing pensions and
 
 
other benefits under its part of the scheme).”
 
 
(3)
After section 403 of the GLAA 1999, insert—
25
“403ZA
Co-operation with local government pension scheme managers
 
 
(1)
The Authority must co-operate with a scheme manager for a scheme
 
 
for local government workers in England and Wales who falls within
 
 
subsection (2) to identify and develop investment opportunities
 
 
appropriate to the pension fund that the scheme manager maintains
30
 
for its part of the scheme.
 
 
(2)
A scheme manager falls within this subsection if the scheme manager
 
 
is—
 
 
(a)
the London Pensions Fund Authority, or
 
 
(b)
a London borough.
35
 
(3)
Where the scheme manager participates in an asset pool company,
 
 
the Authority may fulfil its duty to co-operate with the scheme
 
 
manager under subsection (1) by co-operating with—
 
 
(a)
the scheme manager,
 
 
(b)
the asset pool company, or
40
 
(c)
both the scheme manager and the asset pool company.
 
 
(4)
A scheme manager participates in an asset pool company by—
 

Page 44

 
(a)
being a shareholder of the company, or
 
 
(b)
contracting with the company for it to manage the funds and
 
 
other assets for which the scheme manager is responsible.
 
 
(5)
In this section—
 
 
“asset pool company” has the meaning given by section 1 (7) of
5
 
the Pension Schemes Act 2025 ;
 
 
“local government worker” has the meaning given by section 37
 
 
of the Public Service Pensions Act 2013 ;
 
 
“scheme” has the meaning given by section 37 of the Public
 
 
Service Pensions Act 2013 ;
10
 
“scheme manager” , in relation to a scheme for local government
 
 
workers, means a person who is a scheme manager by virtue
 
 
of section 4(5) of the Public Service Pensions Act 2013 (being
 
 
a person responsible for the local administration of pensions
 
 
and other benefits payable under the scheme who maintains
15
 
a pension fund for the purposes of providing pensions and
 
 
other benefits under its part of the scheme).”
 
43
Miscellaneous local authority functions
 
 
Schedule 21 confers on combined authorities and CCAs and the GLA
 
 
miscellaneous functions exercisable by local authorities.
20

Health, well-being & public service reform

 
44
Health improvement and health inequalities duty
 
 
(1)
After section 107ZA of LDEDCA 2009 insert—
 
 
“Combined authorities: health
 
107ZB
Health improvement and health inequalities duty
25
 
(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
30
 
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
35
 
inequalities between persons, or persons of different descriptions,
 
 
living in, or in different parts of, an area.
 

Page 45

 
(4)
“Health inequalities” means inequalities in respect of life expectancy
 
 
or general state of health which are wholly or partly a result of
 
 
differences in respect of general health determinants.
 
 
(5)
“General health determinants” are—
 
 
(a)
standards of housing, transport services or public safety,
5
 
(b)
environmental factors, including air quality and access to green
 
 
space and bodies of water,
 
 
(c)
employment prospects, earning capacity and any other matters
 
 
that affect levels of prosperity,
 
 
(d)
the degree of ease or difficulty with which persons have access
10
 
to public services,
 
 
(e)
the use, or level of use, of tobacco, alcohol or other substances,
 
 
and any other matters of personal behaviour or lifestyle, that
 
 
are or may be harmful to health,
 
 
and any other matters that are determinants of life expectancy or the
15
 
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
20
 
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.”
25
 
(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
30
 
(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).
35
 
(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
40
 
differences in respect of general health determinants.
 

Page 46

 
(5)
“General health determinants” are—
 
 
(a)
standards of housing, transport services or public safety,
 
 
(b)
environmental factors, including air quality and access to green
 
 
space and bodies of water,
 
 
(c)
employment prospects, earning capacity and any other matters
5
 
that affect levels of prosperity,
 
 
(d)
the degree of ease or difficulty with which persons have access
 
 
to public services,
 
 
(e)
the use, or level of use, of tobacco, alcohol or other substances,
 
 
and any other matters of personal behaviour or lifestyle, that
10
 
are or may be harmful to health,
 
 
and any other matters that are determinants of life expectancy or the
 
 
state of health of persons generally, other than genetic or biological
 
 
factors.
 
 
(6)
In subsection (1)(a) above, the reference to improving the health of
15
 
persons includes a reference to mitigating any detriment to health
 
 
which would otherwise be occasioned by the exercise of a CCA’s
 
 
function.
 
 
(7)
In subsection (1)(b) above, the reference to reducing health inequalities
 
 
includes a reference to mitigating any increase in health inequalities
20
 
which would otherwise be occasioned by the exercise of a CCA’s
 
 
function.”
 
 
(3)
In section 309(F)(5) of GLAA 1999 (health inequalities between persons living
 
 
in Greater London) after paragraph (a), insert—
 
 
“(aa)
environmental factors, including air quality and access to green
25
 
space and bodies of water,”.
 

Public safety

 
45
Functions of police and crime commissioners
 
 
(1)
In section 107F of LDEDCA 2009 (functions of mayors: policing)—
 
 
(a)
after subsection (1) insert—
30
 
“(1A)
The mayor for the area of a combined authority is to exercise
 
 
functions of a police and crime commissioner in relation to
 
 
that area if the combined authority meets the eligibility
 
 
condition and transfer condition in relation to that area (see
 
 
section 107FA ).”;
35
 
(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”;
 

Page 47

 
(d)
after subsection (4) insert—
 
 
“(4A)
For provision about the exercise of functions of a police and
 
 
crime commissioner by the mayor for the area of a combined
 
 
authority by virtue of subsection (1A) , see Schedule 10A to the
 
 
Police Reform and Social Responsibility Act 2011.”;
5
 
(e)
in subsection (8)(b), after “Schedule 5C” insert “to this Act or Schedule
 
 
10A to the Police Reform and Social Responsibility Act 2011”.
 
 
(2)
After section 107F of LDEDCA 2009 insert—
 
“107FA
The “eligibility” and “transfer” conditions
 
 
(1)
This section sets out the “eligibility condition” and “transfer condition”
10
 
referred to in section 107F (1A) .
 
 
(2)
A combined authority meets the eligibility condition in case A or case
 
 
B.
 
 
(3)
Case A : the authority’s area is the same as a single English police area.
 
 
In this case, the authority meets the eligibility condition in relation to
15
 
the single police area.
 
 
(4)
Case B : the authority’s area is the same as two or more English police
 
 
areas (when those areas are taken together).
 
 
In this case, the authority meets the eligibility condition in relation to
 
 
each of those police areas.
20
 
(5)
A combined authority meets the transfer condition in relation to an
 
 
English police area if—
 
 
(a)
the Secretary of State has, by order, specified the time at which
 
 
the mayor for the area of the authority is to begin exercising
 
 
functions of a police and crime commissioner (the “transfer
25
 
time”), and
 
 
(b)
the transfer time has passed.
 
 
(6)
If a combined authority meets the eligibility condition in relation to
 
 
two or more English police areas, the Secretary of State may only
 
 
exercise the power conferred by subsection (5) (a) so as to specify the
30
 
same transfer time in relation to all of those police areas.
 
 
(7)
In this section “English police area” means a police area listed in
 
 
Schedule 1 to the Police Act 1996 (police areas outside London) that
 
 
is in England.”
 
 
(3)
In section 107G of LDEDCA 2009 (mayors for combined authorities: financial
35
 
matters), after subsection (4) insert—
 
 
“(4A)
Where the mayoral functions of a mayor include PCC functions in
 
 
relation to more than one police area, the provision made in accordance
 
 
with subsection (4)(a) which ensures that there is a separate component
 
 
in respect of the mayor’s PCC functions must include separate
40

Page 48

 
components in respect of the mayor’s PCC functions in relation to the
 
 
different police areas.”
 
 
(4)
In section 33 of LURA 2023 (functions of mayors: policing)—
 
 
(a)
after subsection (1) insert—
 
 
“(1A)
The mayor for the area of a CCA is to exercise functions of a
5
 
police and crime commissioner in relation to that area if the
 
 
CCA meets the eligibility condition and transfer condition in
 
 
relation to that area (see section 33A ).”;
 
 
(b)
in subsection (2), for “The reference in subsection (1)” substitute “A
 
 
reference in this section”;
10
 
(c)
in subsection (3), for “subsection (1)” substitute “this section”;
 
 
(d)
after subsection (4) insert—
 
 
“(4A)
For provision about the exercise of functions of a police and
 
 
crime commissioner by the mayor for the area of a CCA by
 
 
virtue of subsection (1A) , see Schedule 10A to the Police Reform
15
 
and Social Responsibility Act 2011.”;
 
 
(e)
in subsection (8)(b), after “Schedule 3” insert “to this Act or Schedule
 
 
10A to the Police Reform and Social Responsibility Act 2011”.
 
 
(5)
After section 33 of LURA 2023 insert—
 
“33A
The “eligibility” and “transfer” conditions
20
 
(1)
This section sets out the “eligibility condition” and “transfer condition”
 
 
referred to in section 33 (1A) .
 
 
(2)
A CCA meets the eligibility condition in case A or case B.
 
 
(3)
Case A : the CCA’s area is the same as a single English police area.
 
 
In this case, the CCA meets the eligibility condition in relation to the
25
 
single police area.
 
 
(4)
Case B : the CCA’s area is the same as two or more English police areas
 
 
(when those areas are taken together).
 
 
In this case, the CCA meets the eligibility condition in relation to each
 
 
of those police areas.
30
 
(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
35
 
time”), and
 
 
(b)
the transfer time has passed.
 
 
(6)
If a CCA meets the eligibility condition in relation to two or more
 
 
English police areas, the Secretary of State may only exercise the power
 
 
conferred by subsection (5) (a) so as to specify the same transfer time
40
 
in relation to all of those police areas.
 

Page 49

 
(7)
In this section “English police area” means a police area listed in
 
 
Schedule 1 to the Police Act 1996 (police areas outside London) that
 
 
is in England.”
 
 
(6)
In section 41 of LURA 2023 (mayors for CCA areas: financial matters), after
 
 
subsection (4) insert—
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 is a separate component
 
 
in respect of the mayor’s PCC functions must include separate
 
 
components in respect of the mayor’s PCC functions in relation to the
10
 
different police areas.”
 
 
(7)
After paragraph 21(a) of Schedule 1 to the Greater Manchester Combined
 
 
Authority (Transfer of Police and Crime Commissioner Functions to the
 
 
Mayor) Order 2017 (S.I. 2017/470), insert—
 
 
“(aa)
for subsection (1) substitute—
15
 
“(1)
The mayor must—
 
 
(a)
appoint a person as the deputy mayor for
 
 
policing and crime for the area, and
 
 
(b)
arrange for the deputy mayor for policing and
 
 
crime to exercise one or more of the mayor’s
20
 
PCC functions.”
 
 
(8)
After—
 
 
(a)
paragraph 21(a) of Schedule 5 to the West Yorkshire Combined
 
 
Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112),
 
 
(b)
paragraph 21(a) of Schedule 5 to the York and North Yorkshire
25
 
Combined Authority Order 2023 (S.I. 2023/1432), and
 
 
(c)
paragraph 21(a) of Schedule 1 to the South Yorkshire Mayoral
 
 
Combined Authority (Election of Mayor and Transfer of Police and
 
 
Crime Commissioner Functions) Order 2024 (S.I. 2024/414),
 
 
insert—
30
 
“(aa)
for subsection (1) substitute—
 
 
“(1)
The Mayor must—
 
 
(a)
appoint a person as the deputy mayor for
 
 
policing and crime for the area, and
 
 
(b)
arrange for the deputy mayor for policing and
35
 
crime to exercise one or more of the Mayor’s
 
 
PCC functions.”
 

Page 50

46
PCCs and police areas
 
 
(1)
In section 1 of PRSRA 2011 (police and crime commissioners), for subsection
 
 
(9A) substitute—
 
 
“(9A)
Subsection (1) does not apply to an area if the mayor for the area of
 
 
a combined authority or combined county authority is to exercise
5
 
functions of a police and crime commissioner in relation to the area
 
 
in accordance with—
 
 
(a)
an order under section 107F(1) of the Local Democracy,
 
 
Economic Development and Construction Act 2009;
 
 
(b)
section 107F (1A) of that Act;
10
 
(c)
regulations under section 33(1) of the Levelling-up and
 
 
Regeneration Act 2023;
 
 
(d)
section 33 (1A) of that Act.
 
 
(9B)
See section 76A and Schedule 10A for provision about cases where a
 
 
mayor is to exercise functions in accordance with—
15
 
(a)
section 107F (1A) of the Local Democracy, Economic
 
 
Development and Construction Act 2009, or
 
 
(b)
section 33 (1A) of the Levelling-up and Regeneration Act 2023.”
 
 
(2)
After section 76 of PRSRA 2011 insert—
 

Chapter 6A

20
 
Exercise of PCC functions by elected mayors
 
76A
Exercise of PCC functions by elected mayors
 
 
Schedule 10A makes provision about cases where a mayor is to exercise
 
 
functions in accordance with—
 
 
(a)
section 107F (1A) of the Local Democracy, Economic
25
 
Development and Construction Act 2009, or
 
 
(b)
section 33 (1A) of the Levelling-up and Regeneration Act 2023.”
 
 
(3)
After Schedule 10 to PRSRA 2011, insert Schedule 10A set out in Schedule
 
 
22 to this Act.
 
 
(4)
In the Police Act 1996—
30
 
(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
35
 
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
 

Page 51

 
becoming exercisable by the mayor for the area of a
 
 
mayoral strategic authority” if—
 
 
(a)
the police areas that are altered by the order are
 
 
all in England, and
 
 
(b)
the Secretary of State’s purpose in making the
5
 
order is to—
 
 
(i)
cause a mayoral strategic authority to
 
 
meet the eligibility condition in relation
 
 
to an altered police area, and
 
 
(ii)
enable the Secretary of State to specify a
10
 
transfer time in relation to that mayoral
 
 
strategic authority and altered police area
 
 
that will result in the mayor for the area
 
 
of the mayoral strategic authority
 
 
exercising functions of a police and crime
15
 
commissioner in relation to that area.”;
 
 
(b)
in section 32, after subsection (4) insert—
 
 
“(4A)
In this section—
 
 
“eligibility condition” has the same meaning as in—
 
 
(a)
section 107FA of the Local Democracy, Economic
20
 
Development and Construction Act 2009, or
 
 
(b)
section 33A of the Levelling-up and Regeneration
 
 
Act 2023;
 
 
“mayoral strategic authority” means—
 
 
(a)
a mayoral combined authority (which has the
25
 
same meaning as in Part 6 of the Local
 
 
Democracy, Economic Development and
 
 
Construction Act 2009 — see section 107A(8) of
 
 
that Act), or
 
 
(b)
a mayoral CCA (which has the same meaning
30
 
as in Chapter 1 of Part 2 of the Levelling-up and
 
 
Regeneration Act 2023 — see section 27(8) of
 
 
that Act);
 
 
“transfer time” has the same meaning as in—
 
 
(a)
section 107FA of the Local Democracy, Economic
35
 
Development and Construction Act 2009, or
 
 
(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)”.
40
47
Functions of fire and rescue authorities
 
 
(1)
Section 1 of FRSA 2004 (fire and rescue authorities) is amended in accordance
 
 
with subsections (2) and (3) .
 

Page 52

 
(2)
In subsection (2), after paragraph (e) insert—
 
 
“(f)
a mayoral combined authority or mayoral CCA is the fire and
 
 
rescue authority for the whole of its area if the Secretary of
 
 
State designates it as the fire and rescue authority for that area
 
 
in accordance with section 1A (1) ;
5
 
(g)
a mayoral combined authority or mayoral CCA is the fire and
 
 
rescue authority for a part of its area if the Secretary of State—
 
 
(i)
specifies that part of its area, and
 
 
(ii)
designates it as the fire and rescue authority for that
 
 
part of its area,
10
 
in accordance with section 1A (2) and (3) .”
 
 
(3)
After subsection (2) insert—
 
 
“(2A)
If a mayoral combined authority or mayoral CCA is the fire and rescue
 
 
authority for an area by virtue of subsection (2) (f) or (g) , a council or
 
 
other authority is not the fire and rescue authority for that area by
15
 
virtue of subsection (2)(a) to (e) or section 2 or 4.
 
 
(2B)
The functions of a mayoral combined authority or mayoral CCA as a
 
 
fire and rescue authority are functions of the mayoral combined
 
 
authority or mayoral CCA exercisable only by the mayor on behalf of
 
 
the combined authority or CCA.”
20
 
(4)
After section 1 of FRSA 2004 insert—
 
“1A
Designation of mayoral combined authorities and mayoral CCAs
 
 
(1)
The Secretary of State may by order designate a mayoral combined
 
 
authority or mayoral CCA as the fire and rescue authority for the
 
 
whole of its area.
25
 
(2)
The Secretary of State may—
 
 
(a)
by order specify a part of the area of a mayoral combined
 
 
authority or mayoral CCA, and
 
 
(b)
by order designate the mayoral combined authority or mayoral
 
 
CCA as the fire and rescue authority for the specified part of
30
 
its area.
 
 
(3)
But, if the Secretary of State exercises the powers conferred by
 
 
subsection (2) in relation to a particular mayoral combined authority
 
 
or mayoral CCA (the “relevant mayoral authority”), the Secretary of
 
 
State must ensure that those powers are exercised so as to secure
35
 
that—
 
 
(a)
two or more parts are specified under subsection (2) (a) which,
 
 
when taken together, consist of the whole of the area of the
 
 
relevant mayoral authority;
 
 
(b)
the relevant mayoral authority is designated as the fire and
40
 
rescue authority for each specified part;
 
 
(c)
all of those designations come into effect at the same time.
 

Page 53

 
(4)
Accordingly, where the powers conferred by subsection (2) are
 
 
exercised in relation to the relevant mayoral authority—
 
 
(a)
there are separate fire and rescue authorities for each area
 
 
specified under subsection (2) (a) ;
 
 
(b)
the fire and rescue authority for each of those areas is the
5
 
relevant mayoral authority.
 
 
(5)
The Secretary of State may by order provide for the name by which
 
 
an area specified under subsection (2) (a) is to be known.
 
 
(6)
An order under subsection (1) or (2) (a) or (b) may make consequential
 
 
alterations to any other—
10
 
(a)
section 1A (2) area,
 
 
(b)
section 2 combined area, or
 
 
(c)
section 4 combined area.
 
 
(7)
The alterations that may be made by virtue of subsection (6) include
 
 
alterations that result in a reduction or an increase in the number of
15
 
such areas.
 
 
(8)
An order under subsection (1) or (2) (a) or (b) may make provision for
 
 
the abolition of—
 
 
(a)
a metropolitan county fire and rescue authority,
 
 
(b)
a combined fire and rescue authority constituted by a scheme
20
 
under section 2, or
 
 
(c)
a combined fire and rescue authority constituted by a scheme
 
 
to which section 4 applies.
 
 
(9)
The provision that may be made by regulations under section 54 of
 
 
the English Devolution and Community Empowerment Act 2025
25
 
(incidental etc provision) for the purposes of, or in consequence of,
 
 
an order under subsection (1) or (2) (a) or (b) relating to a particular
 
 
mayoral combined authority or mayoral CCA and particular area
 
 
includes—
 
 
(a)
provision for functions of a fire rescue authority to be
30
 
exercisable in relation to the area by the mayoral combined
 
 
authority or mayoral CCA during a shadow period (and not
 
 
by any fire and rescue authority by which those functions
 
 
would otherwise be exercisable),
 
 
(b)
provision for those functions to be exercisable only by the
35
 
mayor on behalf of the mayoral combined authority or mayoral
 
 
CCA;
 
 
(c)
provision about who is to scrutinise the exercise of those
 
 
functions;
 
 
(d)
any other incidental, consequential, transitional, transitory or
40
 
supplementary provision.
 
 
(10)
In this section—
 

Page 54

 
“section 1A” (2) area means an area specified in an order under
 
 
subsection (2) (a) (including such an area as varied from time
 
 
to time);
 
 
“section 2 combined area” means an area for which a combined
 
 
fire and rescue authority is, or used to be, constituted by a
5
 
scheme under section 2 (including such an area as varied from
 
 
time to time);
 
 
“section 4 combined area” means the area for which a combined
 
 
fire and rescue authority is, used to be, constituted by a scheme
 
 
to which section 4 applies (including such an area as varied
10
 
from time to time);
 
 
“shadow period” , in relation to provision made in accordance
 
 
with subsection (9) (a) in relation to a particular area, means a
 
 
period which—
 
 
(a)
ends when the designation of the mayoral combined
15
 
authority or mayoral CCA as the fire and rescue
 
 
authority for the area takes effect, and
 
 
(b)
is no longer than one year.”
 
 
(5)
In section 5M of FRSA 2004 (interpretation), after the definition of “City of
 
 
London police area” insert—
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 Construction Act 2009
 
 
(see section 107A(8) of that Act);”.
25
 
(6)
Schedule 23 contains further provision about fire and rescue services.
 
48
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
30
 
authority who—
 
 
(a)
by virtue of—
 
 
(i)
section 107D(1), or
 
 
(ii)
section 1 (2B) of the Fire and Rescue Services Act
 
 
2004,
35
 
may exercise functions which are conferred on a fire
 
 
and rescue authority in that name (“fire and rescue
 
 
functions”), and
 
 
(b)
by virtue of—
 
 
(i)
section 107F(1), or
40
 
(ii)
section 107F (1A) ,
 

Page 55

 
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)—
5
 
(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
10
 
2004,
 
 
may exercise functions which are conferred on a fire
 
 
and rescue authority in that name (“fire and rescue
 
 
functions”), and
 
 
(b)
by virtue of—
15
 
(i)
section 33(1), or
 
 
(ii)
section 33 (1A) ,
 
 
may exercise functions of a police and crime
 
 
commissioner.”;
 
 
(b)
in subsection (5), after “30(1)” insert “, or in section 1 (2B) of the Fire
20
 
and Rescue Services Act 2004,”.
 
49
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
25
 
Democracy, Economic Development and Construction Act 2009;
 
 
(cb)
a combined county authority established under section 9(1) of
 
 
the Levelling-up and Regeneration Act 2023;”.
 
50
Licensing functions of the Mayor of London
 
 
Schedule 24 amends the Licensing Act 2003 to confer licensing functions on
30
 
the Mayor of London.
 

Requests by mayors of established mayoral strategic authorities

 
51
Requests by mayors of EMSAs for changes
 
 
(1)
One or more mayors for EMSAs may notify the Secretary of State of—
 
 
(a)
any change to the law relating to strategic authorities,
35
 
(b)
any change to the funding of strategic authorities, or
 
 
(c)
any other change relating to strategic authorities,
 

Page 56

 
which the mayor or mayors believe would secure, or contribute to securing,
 
 
the effective exercise of functions in relation to one or more areas of
 
 
competence.
 
 
(2)
In exercising the function of giving notifications under this section, a mayor
 
 
must have regard to any guidance issued for this purpose by the Secretary
5
 
of State.
 
 
(3)
If a notification under this section is given, the Secretary of State must, within
 
 
the period of six months beginning with the day on which the notification is
 
 
given—
 
 
(a)
decide how to respond, and
10
 
(b)
notify the mayor or mayors that gave the notification of—
 
 
(i)
the decision, and
 
 
(ii)
the reasons for making the decision.
 

Regulations relating to functions of strategic authorities and mayors

 
 
52
Powers to make regulations in relation to functions of strategic authorities
15

and mayors

 
 
Schedule 25 confers on the Secretary of State powers in relation to the
 
 
functions of strategic authorities and mayors (including powers to use pilot
 
 
schemes).
 
53
Health service functions: application of existing limitations on devolution
20
 
(1)
Section 18 of the Cities and Local Government Devolution Act 2016 (devolving
 
 
health service functions) is amended in accordance with this section.
 
 
(2)
In subsection (1)—
 
 
(a)
for the words before paragraph (a) substitute—
 
 
“(1)
A devolution of functions SI—”;
25
 
(b)
in paragraph (c)—
 
 
(i)
for “or a combined county authority” substitute “a combined
 
 
county authority or a category of strategic authorities”;
 
 
(ii)
after “that authority” insert “or those authorities”.
 
 
(3)
In subsection (2), in the words after paragraph (h), for the words from
30
 
“transferable” to the end substitute “transferable by a devolution of functions
 
 
SI.”
 
 
(4)
In subsection (7), in the words before paragraph (a), for “2022” substitute
 
 
“2023”.
 
 
(5)
After subsection (7) insert—
35
 
“(7A)
For the purposes of this section, a function is transferred by regulations
 
 
under Part 1 or 6 of Schedule 25 to the 2025 Act if provision under
 

Page 57

 
paragraph 1 (1) , 2 (1) or 3 (1) of that Schedule conferring the function
 
 
is made, including such provision made by virtue of Part 6 of that
 
 
Schedule .”.
 
 
(6)
In subsection (8), for the words from “transferred” to the end substitute
 
 
“transferred to it by a devolution of functions SI.”
5
 
(7)
For subsection (9) substitute—
 
 
“(9)
In this section—
 
 
“the 2009 Act” means the Local Democracy, Economic
 
 
Development and Construction Act 2009;
 
 
“the 2023 Act” means the Levelling-up and Regeneration Act
10
 
2023;
 
 
“the 2025 Act” means the English Devolution and Community
 
 
Empowerment Act 2025;
 
 
“category of strategic authority” has the same meaning as in the
 
 
2025 Act (see section 86 (1) of that Act);
15
 
“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
20
 
Regeneration Act 2023;
 
 
“devolution of functions SI” means any of the following—
 
 
(a)
regulations under section 16 of this Act;
 
 
(b)
an order under section 105A of the 2009 Act (conferral
 
 
of functions of public authority on combined authority);
25
 
(c)
regulations under section 19(1) of the 2023 Act (conferral
 
 
of functions of public authority on combined county
 
 
authority);
 
 
(d)
regulations under Part 1 or 6 of Schedule 25 to the 2025
 
 
Act (conferral of functions of public authority on
30
 
category of strategic authority);
 
 
“the health service” has the meaning given by section 275(1) of
 
 
the NHSA 2006.”.
 

Supplementary provision relating to extension of functions

 
54
Incidental etc provision
35
 
(1)
The Secretary of State may by regulations make incidental, consequential,
 
 
transitional, transitory or supplementary provision for the purposes of, or in
 
 
consequence of—
 
 
(a)
the conferral of a function on a relevant authority, or
 
 
(b)
the modification of a function of a relevant authority,
40
 
by relevant legislation.
 

Page 58

 
(2)
Regulations under this section may not include provision amending or
 
 
disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government
 
 
and Housing Act 1989 (political balance on local authority committees etc).
 
 
(3)
Regulations under this section may (in particular) amend any Act of Parliament
 
 
(whenever passed), including by amending this Act.
5
 
(4)
Regulations under this section which contain provision amending an Act of
 
 
Parliament are subject to affirmative resolution procedure.
 
 
(5)
Any other regulations under this section are subject to negative resolution
 
 
procedure.
 
 
(6)
In this section—
10
 
“relevant authority” means—
 
 
(a)
a strategic authority;
 
 
(b)
the mayor for the area of a CCA or the area of a combined
 
 
authority;
 
 
(c)
the Mayor of London;
15
 
(d)
a GLA functional body.
 
 
“relevant legislation” means—
 
 
(a)
this Act,
 
 
(b)
regulations under this Act, or
 
 
(c)
any other legislation (whenever passed or made),
20
 
except for functions conferred by an order under Chapter 1 of Part 6
 
 
of LDEDCA 2009 (instead see section 114 of that Act) or by regulations
 
 
under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that
 
 
Act).
 
55
Transfer of property, rights and liabilities
25
 
(1)
The Secretary of State may by regulations make provision for the transfer of
 
 
property, rights and liabilities (including criminal liabilities) for the purposes
 
 
of, or in consequence of, or for giving full effect to—
 
 
(a)
the conferral of a function on a relevant authority, or
 
 
(b)
the modification of a function of a relevant authority,
30
 
by relevant legislation.
 
 
(2)
Property, rights and liabilities may be transferred by—
 
 
(a)
the regulations,
 
 
(b)
a scheme made by the Secretary of State under the regulations, or
 
 
(c)
a scheme required to be made under the regulations by a person other
35
 
than the Secretary of State.
 
 
(3)
A transfer by virtue of this section may have effect—
 
 
(a)
whether or not the property, rights and liabilities would otherwise be
 
 
capable of being transferred;
 
 
(b)
without any instrument or formality being required.
40

Page 59

 
(4)
The rights and liabilities which may be transferred by virtue of this section
 
 
include rights and liabilities in relation to a contract of employment.
 
 
(5)
The Transfer of Undertakings (Protection of Employment) Regulations 2006
 
 
(SI 2006/246) apply to the transfer by virtue of this section (whether or not
 
 
the transfer is a relevant transfer for the purposes of those regulations).
5
 
(6)
Regulations under this section or a scheme made under them may define the
 
 
property, rights and liabilities to be transferred by specifying or describing
 
 
them.
 
 
(7)
Provision for the transfer of property, rights and liabilities made by virtue of
 
 
this section may include provision—
10
 
(a)
for the creation or imposition by the Secretary of State of new rights
 
 
or liabilities in respect of anything transferred;
 
 
(b)
for the shared ownership or use of any property or facilities;
 
 
(c)
for the management or custody of transferred property;
 
 
(d)
for bodies to make agreements with respect to any property, income,
15
 
rights, liabilities and expenses of, and any financial relations between,
 
 
the parties to the agreement.
 
 
(8)
Provision for the transfer of property, rights and liabilities made by virtue of
 
 
this section may include provision—
 
 
(a)
for the continuing effect of things done by the transferor in relation
20
 
to anything transferred;
 
 
(b)
for the continuation of things (including legal proceedings) in the
 
 
process of being done, by or on behalf of or in relation to the transferor
 
 
in relation to anything transferred;
 
 
(c)
for references to the transferor in any agreement (whether written or
25
 
not), instrument or other document in relation to anything transferred
 
 
to be treated (so far as necessary for the purposes of or in consequence
 
 
of the transfer) as references to the transferee.
 
 
(9)
Regulations under this section are subject to affirmative resolution procedure.
 
 
(10)
In this section—
30
 
“relevant authority” means—
 
 
(a)
a strategic authority;
 
 
(b)
the mayor for the area of a CCA or the area of a combined
 
 
authority;
 
 
(c)
the Mayor of London;
35
 
(d)
a GLA functional body;
 
 
“relevant legislation” means—
 
 
(a)
this Act,
 
 
(b)
regulations under this Act, or
 
 
(c)
any other legislation (whenever passed or made),
40
 
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
 

Page 60

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

Protection of functions

 
56
Prohibition of secondary legislation removing functions
 
 
(1)
A Minister of the Crown must not exercise any power to make secondary
5
 
legislation (whenever conferred) so as to cause a function to cease to be
 
 
exercisable by—
 
 
(a)
strategic authorities generally, or
 
 
(b)
a category of strategic authorities.
 
 
(2)
This section does not apply to a function conferred by regulations under Part
10
 
6 of Schedule 25 .
 
 
(3)
This section does not limit the making of—
 
 
(a)
permitted provision, or
 
 
(b)
provision that is—
 
 
(i)
in consequence of, or
15
 
(ii)
otherwise in connection with,
 
 
permitted provision (whether the permitted provision is made in
 
 
secondary legislation or an Act of Parliament).
 
 
(4)
In this section “permitted provision” means provision—
 
 
(a)
modifying a function;
20
 
(b)
abolishing a function;
 
 
(c)
repealing or revoking provision conferring a function in consequence
 
 
of, or otherwise in connection with, other legislation conferring the
 
 
function (with or without modifications).
 

Part 3

25

Other measures about local authorities and PCCs

 

Chapter 1

 

Reorganisation, governance, elections and councillors

 

Reorganisation

 
57
Single tiers of local government
30
 
Schedule 26 makes provision about arrangements relating to single tiers of
 
 
local government.
 

Page 61

58
Certain functions of shadow authorities for single tiers of local government
 
 
In section 12 of the Local Government and Public Involvement in Health Act
 
 
2007 (provision relating to membership etc of authorities)—
 
 
(a)
after subsection (3) insert—
 
 
“(3A)
Where an order makes provision under subsection (1)(k)
5
 
conferring functions on a new local authority in relation to a
 
 
combined authority or combined county authority, the order
 
 
may provide that such functions are no longer functions of an
 
 
existing local authority.”;
 
 
(b)
after subsection (5) insert—
10
 
“(5A)
In this section—
 
 
“combined authority” means a combined authority
 
 
established under section 103 of the Local Democracy,
 
 
Economic Development and Construction Act 2009 ;
 
 
“combined county authority” means a combined county
15
 
authority established under section 9 (1) of the
 
 
Levelling-up and Regeneration Act 2023 .”
 

Governance

 
59
Local authority governance and executives
 
 
Schedule 27 contains provision about local authority governance and
20
 
executives.
 
60
Local authorities: effective neighbourhood governance
 
 
(1)
Local authorities in England must make appropriate arrangements to secure
 
 
the effective governance of any area of a specified description that falls within
 
 
the authority's area (a “neighbourhood area”).
25
 
(2)
“Appropriate arrangements” for the purposes of subsection (1) are such
 
 
arrangements as are specified in regulations made by the Secretary of State.
 
 
(3)
Regulations under subsection (2) may include provision—
 
 
(a)
requiring the establishment and maintenance by local authorities of
 
 
specified organisational structures for the governance of neighbourhood
30
 
areas (or for the use of specified existing organisational structures for
 
 
that purpose);
 
 
(b)
about the number, membership, funding and review of such structures;
 
 
(c)
about the functions that may or must be carried out by such structures
 
 
for the purpose of ensuring the effective governance of neighbourhood
35
 
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.
 

Page 62

 
(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—
5
 
“local authority” means—
 
 
(a)
a county council,
 
 
(b)
a district council,
 
 
(c)
a London borough council;
 
 
“specified” means specified or described in regulations under this section.
10
 
(6)
Regulations under this section are subject to affirmative resolution procedure.
 

Elections

 
61
Mayors and Police and Crime Commissioners: supplementary vote system
 
 
Schedule 28 makes provision for the use of the supplementary vote system
 
 
in elections of mayors and police and crime commissioners.
15

Councillors

 
62
Publication of addresses of members etc in authority registers
 
 
(1)
In section 100G (principal councils to publish additional information) of LGA
 
 
1972, in subsection (5), omit “, in relation to a principal council in Wales,”.
 
 
(2)
The Localism Act 2011 is amended as follows.
20
 
(3)
In section 29 (register of interests), in subsection (8), for “section 32(2)”
 
 
substitute “sections 32(2) and 32A ”.
 
 
(4)
In section 31 (pecuniary interests in matters considered at meetings or by a
 
 
single member), in subsection (2), for “section 32(3)” substitute “sections 32(3)
 
 
and 32A (9) ”.
25
 
(5)
After section 32 (sensitive interests) insert—
 
“32A
Residential addresses
 
 
(1)
This section applies where a member or co-opted member of a relevant
 
 
authority notifies the authority’s monitoring officer of a disclosable
 
 
pecuniary interest that includes their usual residential address.
30
 
(2)
Subject to subsections (3) to (7) , the relevant authority’s public register
 
 
must not include that address.
 
 
(3)
The member or co-opted member may request that their usual
 
 
residential address be included in that public register.
 

Page 63

 
(4)
The member or co-opted member may withdraw a request made under
 
 
subsection (3) .
 
 
(5)
A request under subsection (3) or a withdrawal of a request under
 
 
subsection (4) must be made by written notice to the relevant
 
 
authority’s monitoring officer.
5
 
(6)
Where the member or co-opted member withdraws a request under
 
 
subsection (4) , the monitoring officer must remove the member or
 
 
co-opted member’s usual residential address from the public register.
 
 
(7)
Withdrawal of a request under subsection (4) does not affect the power
 
 
of the member or co-opted member to make another request under
10
 
subsection (3) .
 
 
(8)
Where a member or co-opted member’s usual residential address is
 
 
excluded from a public register under this section, that public register
 
 
must state that the member or co-opted member has an interest the
 
 
address of which is withheld under this section.
15
 
(9)
If section 31(2) applies in relation to the interest, that provision is to
 
 
be read as requiring the member or co-opted member to disclose not
 
 
the interest but merely the fact that the member or co-opted member
 
 
has a disclosable pecuniary interest in the matter concerned.
 
 
(10)
For the purposes of this section, a person has no more than one usual
20
 
residential address.
 
 
(11)
In this section “public register”, in relation to a relevant authority,
 
 
means—
 
 
(a)
a copy of its register that is made available for inspection, and
 
 
(b)
any published version of its register.”
25

Chapter 2

 

Assets of community value

 
 
63
Community right to buy assets of community value and protection of sporting
 

assets

 
 
Schedule 29 makes provision for a community right to buy assets of
30
 
community value and for the protection of sporting assets of community
 
 
value in England, and related minor and consequential amendments.
 

Page 64

Chapter 3

 

Licensing of taxis and private hire vehicles

 

National minimum standards

 
64
“National minimum standard” and “regulated licence”
 
 
(1)
A “national minimum standard” is a standard prescribed by the Secretary of
5
 
State under any of sections 65 to 67 .
 
 
(2)
A licence is “regulated” if—
 
 
(a)
the licence is—
 
 
(i)
a taxi driver licence,
 
 
(ii)
a taxi vehicle licence,
10
 
(iii)
a PHV driver licence,
 
 
(iv)
a PHV vehicle licence, or
 
 
a PHV operator licence, and
 
 
(b)
the licensing authority is in England.
 
65
Standards relating to the grant of a regulated licence
15
 
(1)
The Secretary of State may, by regulations, prescribe standards which are
 
 
relevant to whether it is appropriate for a regulated licence to be granted.
 
 
(2)
For each national minimum standard prescribed under this section, the
 
 
Secretary of State may, by regulations, provide for whether the licensing
 
 
authority—
20
 
(a)
is required to refuse to grant the licence, or
 
 
(b)
has a power to refuse to grant the licence,
 
 
if the licensing authority is not satisfied that the standard is met.
 
 
(3)
Regulations under subsection (2) which relate to a standard may include
 
 
provision—
25
 
(a)
for the licensing authority—
 
 
(i)
to be required to give an opportunity to remedy the failure to
 
 
meet the standard, or
 
 
(ii)
to have a power to give such an opportunity, and
 
 
(b)
for the requirement or power to refuse the grant of the licence to cease
30
 
to apply if the failure is remedied.
 
 
(4)
Regulations under this section may, in particular, provide for an existing
 
 
power of refusal to be extended so that the existing power is used, or is
 
 
treated as being used, to refuse the grant of a licence where the licensing
 
 
authority is not satisfied that a national minimum standard is met.
35

Page 65

 
(5)
In this section “existing power of refusal” means a power to refuse to grant
 
 
a licence (whenever conferred) which arises otherwise than under regulations
 
 
under this section.
 
66
Standards relating to the suspension or revocation of a regulated licence
 
 
(1)
The Secretary of State may, by regulations, prescribe standards which are
5
 
relevant to whether it is appropriate for a regulated licence to continue in
 
 
force.
 
 
(2)
For each national minimum standard prescribed under this section, the
 
 
Secretary of State may, by regulations—
 
 
(a)
provide for when, or the circumstances in which, a licensing authority
10
 
must determine whether the standard is met;
 
 
(b)
provide for which permitted response or responses will be available
 
 
if the licensing authority is not satisfied that the standard is met;
 
 
(c)
provide, if both permitted responses are available, for the circumstances
 
 
in which a particular permitted response is to be made;
15
 
(d)
provide for whether the licensing authority—
 
 
(i)
is required to make a permitted response, or
 
 
(ii)
has a power to make a permitted response,
 
 
if the licensing authority is not satisfied that the standard is met;
 
 
(e)
provide for when, or the circumstances in which, the suspension of a
20
 
regulated licence is to end, including provision under which the
 
 
licensing authority has a discretion.
 
 
(3)
Regulations under subsection (2) which relate to a standard may include
 
 
provision—
 
 
(a)
for the licensing authority—
25
 
(i)
to be required to give an opportunity to remedy the failure to
 
 
meet the standard, or
 
 
(ii)
to have a power to give such an opportunity, and
 
 
(b)
for the requirement or power to make a permitted response to cease
 
 
to apply if the failure is remedied.
30
 
(4)
Regulations under this section may, in particular, provide for an existing
 
 
power of suspension or revocation to be extended so that the existing power
 
 
is used, or is treated as being used, to suspend or revoke a licence where the
 
 
licensing authority is not satisfied that a national minimum standard is met.
 
 
(5)
In this section—
35
 
“existing power of suspension or revocation” means a power to suspend
 
 
or revoke a licence (whenever conferred) which arises otherwise than
 
 
under regulations under this section;
 
 
“permitted response” means—
 
 
(a)
suspending a regulated licence, or
40
 
(b)
revoking a regulated licence;
 

Page 66

 
and a reference to making a permitted response is to be read
 
 
accordingly.
 
67
Standards relating to the renewal of a regulated licence
 
 
(1)
The Secretary of State may, by regulations, prescribe standards which are
 
 
relevant to whether it is appropriate for a regulated licence to be renewed.
5
 
(2)
For each national minimum standard prescribed under this section, the
 
 
Secretary of State may, by regulations, provide for whether the licensing
 
 
authority—
 
 
(a)
is required to refuse to renew the licence, or
 
 
(b)
has a power to refuse to renew the licence,
10
 
if the licensing authority is not satisfied that the standard is met.
 
 
(3)
Regulations under subsection (2) which relate to a standard may include
 
 
provision—
 
 
(a)
for the licensing authority—
 
 
(i)
to be required to give an opportunity to remedy the failure to
15
 
meet the standard, or
 
 
(ii)
to have a power to give such an opportunity, and
 
 
(b)
for the requirement or power to refuse the renewal of the licence to
 
 
cease to apply if the failure is remedied.
 
 
(4)
Regulations under this section may, in particular, provide for an existing
20
 
power of refusal to be extended so that the existing power is used, or is
 
 
treated as being used, to refuse the renewal of a licence where the licensing
 
 
authority is not satisfied that a national minimum standard is met.
 
 
(5)
In this section “existing power of refusal” means a power to refuse to renew
 
 
a licence (whenever conferred) which arises otherwise than under regulations
25
 
under this section.
 
68
Further provision about standards
 
 
(1)
National minimum standards may relate to any of the following—
 
 
(a)
persons applying for or holding regulated licences;
 
 
(b)
other persons;
30
 
(c)
vehicles;
 
 
(d)
the types of services provided using taxis or private hire vehicles;
 
 
(e)
premises;
 
 
(f)
any other matters which appear to the Secretary of State to be
 
 
appropriate.
35
 
(2)
National minimum standards may require action to be taken (for example
 
 
undertaking training, or installing or using equipment, technology or services).
 

Page 67

 
(3)
National minimum standards prescribed under section 66 or 67 may (in
 
 
particular) relate to regulated licences granted before the regulations come
 
 
into force.
 
 
(4)
This section does not limit the kinds of national minimum standards that
 
 
may be prescribed.
5
69
Guidance
 
 
(1)
The Secretary of State may issue guidance to licensing authorities in connection
 
 
with the exercise of their functions in accordance with this Chapter.
 
 
(2)
The Secretary of State may revise or revoke guidance issued under this section.
 
 
(3)
The Secretary of State must arrange for guidance under this section, and any
10
 
revision of it, to be published.
 
 
(4)
A licensing authority must have regard to guidance issued under this section.
 
70
Relationship with existing licensing legislation
 
 
(1)
Sections 65 to 67 do not prevent the exercise of any other power or duty of
 
 
a licensing authority to—
15
 
(a)
grant,
 
 
(b)
suspend,
 
 
(c)
revoke, or
 
 
(d)
renew,
 
 
a regulated licence in a way that is consistent with provision made by
20
 
regulations under those sections (which includes refusing to grant, suspending,
 
 
revoking, or refusing to renew a licence when not required or authorised to
 
 
do so by that provision).
 
 
(2)
Before section 37 of the Town Police Clauses Act 1847 insert—
 
“36A
National minimum standards for licensing
25
 
The provisions of this Act relating to the licensing of hackney carriages
 
 
are subject to sections 64 to 72 of the English Devolution and
 
 
Community Empowerment Act 2025 (national minimum standards
 
 
for taxi and private hire vehicle licensing).”
 
 
(3)
After section 45 of the Local Government (Miscellaneous Provisions) Act 1976
30
 
insert—
 
“45A
National minimum standards for licensing
 
 
This Part is subject to sections 64 to 72 of the English Devolution and
 
 
Community Empowerment Act 2025.”
 

Page 68

 
(4)
After section 2 of the London Hackney Carriages Act 1843 insert—
 
“2A
National minimum standards for licensing
 
 
This Act is subject to sections 64 to 72 of the English Devolution and
 
 
Community Empowerment Act 2025 (national minimum standards
 
 
for taxi and private hire vehicle licensing).”
5
 
(5)
After section 2 of the Metropolitan Public Carriage Act 1869 insert—
 
“2A
National minimum standards for licensing
 
 
This Act is subject to sections 64 to 72 of the English Devolution and
 
 
Community Empowerment Act 2025 (national minimum standards
 
 
for taxi and private hire vehicle licensing).”
10
 
(6)
After section 1 of the Private Hire Vehicles (London) Act 1998 insert—
 
“1A
National minimum standards for licensing
 
 
This Act is subject to sections 64 to 72 of the English Devolution and
 
 
Community Empowerment Act 2025 (national minimum standards
 
 
for taxi and private hire vehicle licensing).”
15
 
(7)
After section 1 of the Plymouth City Council Act 1975 insert—
 
“1A
National minimum standards for licensing
 
 
This Act is subject to sections 64 to 72 of the English Devolution and
 
 
Community Empowerment Act 2025 (national minimum standards
 
 
for taxi and private hire vehicle licensing).”
20
71
Regulations
 
 
(1)
Before making regulations under sections 65 to 67 , the Secretary of State must
 
 
consult such persons as the Secretary of State considers appropriate.
 
 
(2)
Regulations under this Chapter may amend or repeal provision made by an
 
 
Act of Parliament (whenever passed).
25
 
(3)
The first regulations under sections 65 to 67 are subject to affirmative
 
 
resolution procedure.
 
 
(4)
Regulations under this Chapter which amend or repeal provision made by
 
 
an Act of Parliament (whether or not they also contain other provision) are
 
 
subject to affirmative resolution procedure.
30
 
(5)
Any other regulations under this Chapter are subject to negative resolution
 
 
procedure.
 
72
Interpretation
 
 
In this Chapter—
 
 
“licensing authority” , in relation to a regulated licence, means a public
35
 
authority which has licensing functions under—
 

Page 69

 
(a)
sections 37 to 68 of the Town Police Clauses Act 1847;
 
 
(b)
the Metropolitan Public Carriage Act 1869;
 
 
(c)
the Plymouth City Council Act 1975;
 
 
(d)
Part 2 of the Local Government (Miscellaneous Provisions) Act
 
 
1976;
5
 
(e)
the Private Hire Vehicles (London) Act 1998;
 
 
“national minimum standards” has the meaning given in section 64 ;
 
 
“PHV driver licence” is a licence under—
 
 
(a)
section 51 of the Local Government (Miscellaneous Provisions)
 
 
Act 1976,
10
 
(b)
section 13 of the Private Hire Vehicles (London) Act 1998, or
 
 
(c)
section 9 of the Plymouth City Council Act 1975;
 
 
“PHV operator licence” is a licence under—
 
 
(a)
section 55 of the Local Government (Miscellaneous Provisions)
 
 
Act 1976,
15
 
(b)
section 3 of the Private Hire Vehicles (London) Act 1998, or
 
 
(c)
section 13 of the Plymouth City Council Act 1975;
 
 
“PHV vehicle licence” is a licence under—
 
 
(a)
section 48 of the Local Government (Miscellaneous Provisions)
 
 
Act 1976,
20
 
(b)
section 7 of the Private Hire Vehicles (London) Act 1998, or
 
 
(c)
section 5 of the Plymouth City Council Act 1975;
 
 
“regulated licence” has the meaning given in section 64 ;
 
 
“standard” includes—
 
 
(a)
a requirement, and
25
 
(b)
a condition;
 
 
“taxi driver licence” is a licence under—
 
 
(a)
section 46 of the Town Police Clauses Act 1847, or
 
 
(b)
section 8 of the Metropolitan Public Carriage Act 1869;
 
 
“taxi vehicle licence” is a licence under—
30
 
(a)
section 37 of the Town Police Clauses Act 1847, or
 
 
(b)
section 6 of the Metropolitan Public Carriage Act 1869.
 

Chapter 4

 

National Park Authorities and the Broads Authority

 

The general power of competence

35
 
73
Extension of general power of competence to English National Park
 

authorities and the Broads Authority

 
 
Schedule 30 amends the Localism Act 2011 to extend the general power of
 
 
competence to English National Park authorities and the Broads Authority.
 

Page 70

Part 4

 

Local audit

 
74
Establishment of Local Audit Office
 
 
(1)
In the Local Audit and Accountability Act 2014, after Part 1 insert—
 

Part 1A

5
 
The Local Audit Office
 
1A
Establishment and constitution
 
 
(1)
A body corporate called the Local Audit Office is established.
 
 
(2)
Schedule 1A makes provision about the Office, including provision
 
 
about its constitution and proceedings.
10
1B
Main objective
 
 
(1)
The main objective of the Local Audit Office in performing its functions
 
 
is to secure the effective operation of the system of audit established
 
 
by this Act, with a view to meeting the needs of users of the audited
 
 
accounts.
15
 
(2)
That includes, in particular, securing—
 
 
(a)
that audits under this Act are carried out to a high standard,
 
 
and
 
 
(b)
that there is a suitable range of persons able and willing to
 
 
carry out such audits.
20
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
25
 
that person of any of its functions that is not the subject of more
 
 
specific provision about fees.
 
 
(4)
That includes functions under—
 
 
(a)
an agreement under section 6B (5) (a) , or
 
 
(b)
rules or arrangements made for the purposes of Schedule 1C .
30
 
(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.
 

Page 71

 
(6)
But the Office must set its fees with a view to securing that, over time,
 
 
its income from fees is broadly equivalent to such of its expenditure
 
 
as is not met by way of grant from the Secretary of State.
 
 
(7)
In subsection (6) —
 
 
(a)
the reference to fees includes other sums payable to the Office
5
 
by agreement (see in particular section 6B (5) (b) ), and
 
 
(b)
the reference to setting fees includes agreeing fees and other
 
 
sums so payable.
 
 
(8)
Subsection (9) applies to any sum received by the Office by way of
 
 
penalty under—
10
 
(a)
paragraph 3 of Schedule 1B (penalties against external
 
 
registration body), or
 
 
(b)
arrangements made for the purposes of paragraph 10 of
 
 
Schedule 1C (penalties against registered local audit provider),
 
 
including any interest.
15
 
(9)
The Office—
 
 
(a)
must pay the sum to the Secretary of State, but
 
 
(b)
may deduct any costs incurred by it in connection with the
 
 
imposition or enforcement of the penalty, so far as those costs
 
 
are not otherwise recoverable.
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 31 makes further provision about the Local Audit Office (including
 
 
the insertion of the Schedule 1A referred to above).
 

Page 72

75
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 73

 
(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 74

 
(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 32 inserts the Schedule 1B , Schedule 1C and Schedule 1D referred
20
 
to above.
 
76
New appointment arrangements for non-NHS audits
 
 
In the Local Audit and Accountability Act 2014, after Part 2A (inserted by
 
 
section 75 (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 75

 
(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.
 

Page 76

 
(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 77

77
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
78
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 78

 
(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 79

79
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;
 
 
(c)
payment to the members of allowances, expenses, gratuities or
 
 
pensions.
 
 
(6)
Provision must be made under subsection (5) so as to ensure that at
 
 
least one member of an audit committee is an independent person, as
35
 
defined by the regulations.
 
 
(7)
Regulations under subsection (5) (c) may, in particular, make provision
 
 
applying provision made, or corresponding to any provision that could
 
 
be made, under section 18 of the Local Government and Housing Act
 
 
1989 or section 100 of the Local Government Act 2000.
40

Page 80

 
(8)
Subsection (5) (c) does not affect the application of the enactments
 
 
referred to in subsection (7) , or provision made under them, in relation
 
 
to members of an audit committee.
 
 
(9)
In the case of a relevant authority within subsection (2) (a) , the powers
 
 
of the authority in relation to its committees are to be taken to include
5
 
(so far as they would otherwise not)—
 
 
(a)
the powers necessary to give effect to regulations under
 
 
subsection (5) , and
 
 
(b)
the power to appoint to its audit committee persons who are
 
 
not members of the authority (even where not required by
10
 
regulations under subsection (5) ).
 
 
(10)
A relevant authority must have regard to any guidance issued by the
 
 
Secretary of State in relation to audit committees.
 
 
(11)
References in this section to a committee of a relevant authority include
 
 
a sub-committee of such a committee.”
15
80
Review of audit and reporting arrangements at Secretary of State’s request
 
 
In the Local Audit and Accountability Act 2014, after section 33A (inserted
 
 
by section 79 ) insert—
 
 
“33B
Review of audit and reporting arrangements at Secretary of State’s
 
 
request
20
 
(1)
If requested to do so by the Secretary of State, the Local Audit Office
 
 
must—
 
 
(a)
carry out a review of a relevant authority’s audit and reporting
 
 
arrangements, and
 
 
(b)
report the findings of the review to the authority and the
25
 
Secretary of State.
 
 
(2)
An authority’s “audit and reporting arrangements” are the
 
 
arrangements it has (or recently had) in place for the purposes of—
 
 
(a)
enabling it to discharge its functions under this Act, or
 
 
(b)
enabling a local auditor to discharge its functions in relation
30
 
to the authority.
 
 
(3)
A request by the Secretary of State under this section—
 
 
(a)
may require or permit the review to be limited to certain
 
 
aspects of the authority’s audit and reporting arrangements;
 
 
(b)
must specify the time by which the Office is to submit its
35
 
report;
 
 
(c)
may be varied or withdrawn by notice to the Office.
 
 
(4)
Section 22 (right to documents and information) applies in relation to
 
 
the Office and its functions under this section as it applies in relation
 
 
to a local auditor and its functions under this Act.
40

Page 81

 
(5)
But section 23 (offences of obstruction and non-compliance) does not
 
 
apply in relation to section 22 as applied by subsection (4) (“the applied
 
 
section 22”).
 
 
(6)
If the High Court is satisfied, on an application by the Office, that any
 
 
person has—
5
 
(a)
obstructed the exercise of any power conferred by the applied
 
 
section 22, or
 
 
(b)
failed to comply with any requirement of the applied section
 
 
22,
 
 
it may order the person to take such steps as it considers will remedy
10
 
the obstruction or non-compliance.
 
 
(7)
The Secretary of State must publish a summary of any findings
 
 
reported under this section.”
 
81
Smaller authorities: change of terminology
 
 
(1)
In sections 5 and 6 of the Local Audit and Accountability Act 2014 (smaller
15
 
authorities), for “smaller”, in each place it occurs except section 5(6)(b),
 
 
substitute “category 2”.
 
 
(2)
In any regulations, guidance or other instrument made or issued under that
 
 
Act before this section comes into force, any reference to a smaller authority
 
 
is to be read, in relation to matters arising after this section comes into force,
20
 
as a reference to a category 2 authority.
 
 
82
Power to provide for smaller authority treatment in previous years where
 

audit outstanding

 
 
(1)
The Secretary of State may by regulations make provision applying in a case
 
 
set out in subsection (2) and having the effect set out in subsection (3) .
25
 
(2)
The case is one in which an audit has not been completed in relation to the
 
 
accounts of a relevant authority other than a smaller authority for any of the
 
 
following financial years—
 
 
(a)
that ending with 31 March 2023,
 
 
(b)
that ending with 31 March 2024, and
30
 
(c)
that ending with 31 March 2025.
 
 
(3)
The effect is that of enabling an audit to be carried out or completed, or
 
 
anything in relation to the audit to be done, as if the relevant authority had
 
 
been a smaller authority for the financial year or years in question.
 
 
(4)
Subsections (2) and (3) are to be read as if they were contained in the Local
35
 
Audit and Accountability Act 2014 (as it has or had effect in relation to the
 
 
financial years concerned).
 
 
(5)
Regulations under this section may modify any time limit (whether or not it
 
 
has already been reached).
 

Page 82

 
(6)
Regulations under this section are subject to negative resolution procedure.
 
83
Amendment paving way for separation of LGPS accounts
 
 
In section 20 of the Local Audit and Accountability Act 2014 (general duties
 
 
of auditors), for subsection (3) substitute—
 
 
“(3)
If a statement of accounts prepared by a relevant authority under this
5
 
Act includes both—
 
 
(a)
accounts of a pension fund maintained by the authority under
 
 
regulations under section 1 of the Public Service Pensions Act
 
 
2013 as they relate to local government workers (within the
 
 
meaning of that Act), and
10
 
(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.”
 
84
Minor and consequential amendments
 
 
Schedule 33 makes further amendments in connection with local audit.
15

Part 5

 

Business tenancies: rent reviews and arrangements for new tenancies

 
85
Rent reviews and arrangements for new tenancies
 
 
(1)
After section 54 of the Landlord and Tenant Act 1954 insert—
 
“54A
Rent reviews and arrangements for new tenancies
20
 
(1)
Schedule 7A makes provision about rent reviews.
 
 
(2)
Schedule 7B makes provision about terms relating to rent in
 
 
arrangements which require a new tenancy to be granted or taken.”
 
 
(2)
Schedule 34 inserts the new Schedules 7A and 7B into the Landlord and
 
 
Tenant Act 1954 and otherwise amends that Act.
25

Part 6

 

Final provisions

 
86
Interpretation
 
 
(1)
In this Act—
 
 
“area of competence” has the meaning given in section 2 ;
30
 
“category of strategic authorities” means each of the following—
 
 
(a)
the single foundation strategic authorities;
 
 
(b)
the combined foundation strategic authorities;
 

Page 83

 
(c)
the mayoral strategic authorities except the established mayoral
 
 
strategic authorities;
 
 
(d)
the established mayoral strategic authorities;
 
 
“CCA” means a combined county authority established under section
 
 
9(1) of LURA 2023;
5
 
“combined authority” means a combined authority established under
 
 
section 103 of LDEDCA 2009;
 
 
“county council” means a county council in England;
 
 
“established” , in relation to a mayoral strategic authority, has the meaning
 
 
given in section 1 ;
10
 
“foundation strategic authority” means—
 
 
(a)
a single foundation strategic authority, or
 
 
(b)
a combined foundation strategic authority;
 
 
“FRSA 2004” means the Fire and Rescue Services Act 2004;
 
 
“GLA” means the Greater London Authority;
15
 
“GLA functional body” means a functional body within the meaning of
 
 
the GLAA 1999 (see section 424 of that Act);
 
 
“GLAA 1999” means the Greater London Authority Act 1999;
 
 
“LDEDCA 2009” means the Local Democracy, Economic Development
 
 
and Construction Act 2009;
20
 
“legislation” means—
 
 
(a)
an Act of Parliament, or
 
 
(b)
secondary legislation;
 
 
“LGA 1972” means the Local Government Act 1972;
 
 
“LGA 1985” means the Local Government Act 1985;
25
 
“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 mayoral combined authority, or
 
 
mayoral CCA, that is an established mayoral strategic authority,
30
 
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
 
 
27(1) of the Levelling-up and Regeneration Act 2023 for there to be a
35
 
mayor;
 
 
“mayoral combined authority” means a combined authority for an area
 
 
for which provision is made in an order under section 107A of
 
 
LDEDCA 2009 for there to be a mayor;
 
 
“mayoral strategic authority” has the meaning given in section 1 ;
40
 
“Minister of the Crown” has the same meaning as in the Ministers of
 
 
the Crown Act 1975;
 
 
“non-mayoral CCA” or “non-mayoral combined county authority” means
 
 
a CCA which is not a mayoral CCA;
 

Page 84

 
“non-mayoral combined authority” means a combined authority which
 
 
is not a mayoral combined authority;
 
 
“PRSRA 2011” means the Police Reform and Social Responsibility Act
 
 
2011;
 
 
“secondary legislation” means any instrument under an Act of Parliament;
5
 
“strategic authority” , in relation to a mayoral strategic authority, has the
 
 
meaning given in section 1 ;
 
 
“unitary district council” means a district council (in England) whose
 
 
area does not form part of the area of a county council.
 
87
Saving of orders and regulations relating to combined authorities and CCAs
10
 
(1)
This section applies to any provision of any subordinate legislation made
 
 
under—
 
 
(a)
Part 6 of LDEDCA 2009, or
 
 
(b)
Chapter 1 of Part 2 of LURA 2023,
 
 
before this section comes into force (the “subordinate legislation”).
15
 
(2)
The provision made by Part 1 or 2 of this Act (the “primary legislation”) does
 
 
not impliedly amend, modify or revoke the subordinate legislation.
 
 
(3)
Accordingly—
 
 
(a)
the primary legislation does not affect any contrary subordinate
 
 
legislation; and
20
 
(b)
the primary legislation has effect subject to the contrary subordinate
 
 
legislation.
 
 
(4)
For that purpose “contrary subordinate legislation” means any of the
 
 
subordinate legislation that—
 
 
(a)
makes provision which is to continue to apply instead of the primary
25
 
legislation by virtue of subsection (2) , or
 
 
(b)
makes modifications or other contrary provision to which the primary
 
 
legislation is to continue to be subject by virtue of subsection (2) .
 
 
(5)
For provision about the relationship between—
 
 
(a)
the powers under which the subordinate legislation is made, and
30
 
(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
 
 
88 to make amendments, modifications or revocations of the subordinate
35
 
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 85

88
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
89
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 92 .
 
90
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 86

91
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.
 
92
Commencement
 
 
(1)
On the day on which this Act is passed—
 
 
(a)
this Part comes into force;
 
 
(b)
the provisions referred to in subsection (4) come into force;
10
 
(c)
any other provision of this Act comes into force (including provision
 
 
modifying other legislation) so far as it confers power to make
 
 
secondary legislation or is otherwise necessary for enabling the exercise
 
 
of such a power on or after the day on which this Act is passed.
 
 
(2)
Section 25 (and Schedule 7 ) (charges payable by undertakers executing works
15
 
in maintainable highways) do not come into force in accordance with
 
 
subsection (1) (c) .
 
 
(3)
No provision of Chapter 3 of Part 3 (licensing of taxis and private hire
 
 
vehicles) comes into force in accordance with subsection (1) (c) .
 
 
(4)
The provisions that come into force in accordance with subsection (1) (b) are—
20
 
(a)
section 1 (strategic authorities);
 
 
(b)
section 2 (areas of competence);
 
 
(c)
section 4 (and Schedule 1 ) (combined authorities and CCAs:
 
 
establishment, expansion and functions), apart from paragraphs 16 ,
 
 
19 , 38 and 41 of Schedule 1 and any provision of that Schedule so far
25
 
as relating to any of those paragraphs;
 
 
(d)
section 5 (combined authorities and CCAs: functions generally);
 
 
(e)
section 6 (and Schedule 2 ) (combined authorities and CCAs:
 
 
decision-making and validity of proceedings);
 
 
(f)
section 7 (combined authorities and CCAs: powers not limited by other
30
 
provision or powers);
 
 
(g)
section 9 (and Schedule 3 ) (appointment of commissioners by mayors);
 
 
(h)
section 13 (levies);
 
 
(i)
section 14 (combined authorities and CCAs: minor amendments);
 
 
(j)
section 17 (functions of mayors of combined authorities or CCAs);
35
 
(k)
section 18 (the “general functions” of mayors);
 
 
(l)
section 20 (and Schedule 4 ) (extension of general power of competence
 
 
to strategic authorities) so far as they relate to mayoral combined
 
 
authorities and mayoral CCAs;
 

Page 87

 
(m)
section 24 (and Schedule 6 ) (arrangements to carry out works on
 
 
highways);
 
 
(n)
section 26 (and Schedule 8 ) (civil enforcement of traffic contraventions);
 
 
(o)
section 28 (and Schedule 9 ) (key route network roads);
 
 
(p)
section 29 (constituent councils to act in accordance with local transport
5
 
plans etc);
 
 
(q)
section 30 (and Schedule 10 ) (local transport authorities and other
 
 
transport functions);
 
 
(r)
section 31 (and Schedule 11 ) (adult education);
 
 
(s)
section 35 (and Schedule 16 ) (acquisition and development of land);
10
 
(t)
section 36 (and Schedule 17 ) (housing accommodation);
 
 
(u)
section 37 (and Schedule 18 ) (mayoral development corporations);
 
 
(v)
section 38 (and Schedule 19 ) (assessment of economic conditions);
 
 
(w)
section 40 (Local Government Act 2003: expenditure grant);
 
 
(x)
section 41 (encouragement of visitors and promotion of visitors);
15
 
(y)
section 43 (and Schedule 21 ) (miscellaneous local authority functions);
 
 
(z)
section 44 (health improvement and health inequalities duty);
 
 
(z1)
section 49 (sharing of information);
 
 
(z2)
section 62 (publication of addresses of members etc in authority
 
 
registers);
20
 
(z3)
section 73 (and Schedule 30 ) (extension of general power of competence
 
 
to English National Park authorities and the Broads Authority).
 
 
(5)
The provisions of this Act come into force in accordance with subsection (6)
 
 
or (7) (if, or to the extent that, they do not come into force in accordance with
 
 
subsection (1) ).
25
 
(6)
The following provisions come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed—
 
 
(a)
section 3 (single foundation strategic authorities);
 
 
(b)
section 8 (combined authorities and CCAs: designation as established
 
 
mayoral strategic authorities);
30
 
(c)
section 10 (combined authorities and CCAs: allowances for members
 
 
with special responsibilities);
 
 
(d)
section 12 (power to borrow);
 
 
(e)
section 15 (additional functions of the GLA);
 
 
(f)
section 16 (members of legislatures disqualified for being a mayor of
35
 
strategic authority);
 
 
(g)
section 19 (report under section 1 of the Cities and Local Government
 
 
Devolution Act 2016);
 
 
(h)
section 20 (and Schedule 4 ) (extension of general power of competence
 
 
to strategic authorities), except so far as they relate to mayoral
40
 
combined authorities and mayoral CCAs;
 
 
(i)
section 21 (power of mayors to convene meetings with local partners);
 
 
(j)
section 22 (duty of mayors to collaborate);
 

Page 88

 
(k)
section 27 (restrictions on disposal of land by Transport for London);
 
 
(l)
section 39 (and Schedule 20 ) (local growth plans);
 
 
(m)
section 45 (functions of police and crime commissioners);
 
 
(n)
section 46 (and Schedule 22 ) (PCCs and police areas);
 
 
(o)
section 47 (and Schedule 23 ) (functions of fire and rescue authorities);
5
 
(p)
section 48 (mayor with PCC and fire and rescue functions);
 
 
(q)
section 50 (and Schedule 24 ) (licensing functions of the Mayor of
 
 
London);
 
 
(r)
section 51 (requests by mayors of EMSAs for changes);
 
 
(s)
section 52 (and Schedule 25 ) (regulations relating to functions of
10
 
strategic authorities and mayors);
 
 
(t)
section 53 (health service functions: application of existing limitations
 
 
on devolution);
 
 
(u)
section 54 (incidental etc provision);
 
 
(v)
section 55 (transfer of property, rights and liabilities);
15
 
(w)
section 56 (prohibition of secondary legislation removing functions);
 
 
(x)
section 57 (and Schedule 26 ) (single tiers of local government);
 
 
(y)
section 58 (certain functions of shadow authorities for single tiers of
 
 
local government);
 
 
(z)
section 59 (and Schedule 27 ) (local authority governance and
20
 
executives).
 
 
(7)
This Act comes into force on such day or days as the Secretary of State may
 
 
by regulations appoint (if, and to the extent that, it does not come into force
 
 
in accordance with subsection (1) or (6) ).
 
 
(8)
Any reference in this Act to the coming into force of a provision is to its
25
 
coming into force other than for the purpose of making regulations.
 
 
(9)
A power under this section to appoint a day may be exercised to appoint
 
 
different days for different purposes or areas.
 
 
(10)
The Secretary of State may, by regulations, make transitional or saving
 
 
provision in connection with the coming into force of any provision of this
30
 
Act.
 
 
(11)
The power to make regulations under this section includes power to make
 
 
different provision for different purposes or areas.
 
 
(12)
Regulations under this section are to be made by statutory instrument.
 
93
Short title
35
 
This Act may be cited as the English Devolution and Community
 
 
Empowerment Act 2025.
 

Page 89

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 90

 
(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
After section 105B insert—
20
“105C
Non-mayoral combined authority: consent to budget
 
 
(1)
A non-mayoral combined authority may only exercise the following
 
 
functions with the consent of each constituent council—
 
 
(a)
adopt or amend the authority’s budget;
 
 
(b)
where it is not part of the budget, approve the total sum of
25
 
the transport levy.
 
 
(2)
In this section a reference to the “transport levy” is a reference to
 
 
any levy issued by the combined authority relating to the exercise
 
 
of its functions relating to transport in accordance with any
 
 
regulations made from time to time under section 74(2) of the Local
30
 
Government Finance Act 1988.”
 
 
7
After section 105C (inserted by paragraph 6 of this Schedule) insert—
 
 
“105D
Non-mayoral combined authority: functions imposing financial
 
 
liability
 
 
(1)
This section applies where a non-mayoral combined authority
35
 
considers that the exercise of a function by the authority may result
 
 
in a financial liability being incurred by one or more constituent
 
 
councils (each such council being a “relevant constituent council”).
 
 
(2)
The function may only be exercised with the consent of each relevant
 
 
constituent council.
40

Page 91

 
(3)
When deciding whether subsection (1) applies, the authority must
 
 
have regard to the “Code of Practice on Local Authority Accounting
 
 
in the United Kingdom” published by the Chartered Institute of
 
 
Public Finance and Accountancy, as amended or reissued from time
 
 
to time.”
5
 
8
In section 106 (changes to boundaries of a combined authority’s area), omit
 
 
subsections (3A) to (3D).
 
 
9
In section 107 (dissolution of a combined authority’s area), omit subsections
 
 
(2) and (3).
 
 
10
In section 107ZA (designation of key route network roads)—
10
 
(a)
omit subsections (7) and (8);
 
 
(b)
in subsection (9), omit the definitions of “constituent council” and
 
 
“eligible power”.
 
 
11
For section 107B substitute—
 
“107B
Requirements in connection with orders under section 107A
15
 
(1)
The Secretary of State may make an order under section 107A for
 
 
there to be a mayor for the area of an existing combined authority
 
 
only if the requirements under subsection (2) , (3) , (4) or (5) are met
 
 
(and for any further requirements in relation to such order see
 
 
section 113 (requirements in connection with changes to existing
20
 
combined arrangements)).
 
 
(2)
The requirement under this subsection is that a proposal for there
 
 
to be a mayor for the authority’s area has been submitted to the
 
 
Secretary of State in accordance with section 112A (proposal for
 
 
changes to existing combined arrangements - locally led).
25
 
(3)
The requirements under this subsection are that—
 
 
(a)
the order does not confer any additional functions on the
 
 
authority, and
 
 
(b)
the order has been consented to in writing by each
 
 
constituent council and the combined authority.
30
 
(4)
The requirements under this subsection are that—
 
 
(a)
the order implements a proposal of which notice was given
 
 
under section 112C (Secretary of State directed proposal for
 
 
a mayor), and
 
 
(b)
the Secretary of State has in making the order had regard
35
 
to any representations received before the end of the period
 
 
specified in the notice.
 
 
(5)
The requirements under this subsection are that the order
 
 
implements a proposal that the Secretary of State is satisfied that
 
 
the constituent councils and the combined authority have consented
40
 
to in principle.”
 

Page 92

 
12
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
5
 
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
10
 
(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—
15
 
“(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).”
 
 
13
In section 107DA (procedure for direct conferral of general functions on
20
 
mayor), omit subsection (5).
 
 
14
In section 107EB (section 107EA orders: procedure), in subsection (12), omit
 
 
the definition of “constituent councils”.
 
 
15
In section 109A (proposal for new combined authority)—
 
 
(a)
in the heading, at the end insert “(locally led)”;
25
 
(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—
30
 
(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).
35
 
16
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.
40

Page 93

 
(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
5
 
(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.
10
 
(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
15
 
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
20
 
under subsection (1) (including a copy of the proposal) to—
 
 
(a)
the constituent councils, and
 
 
(b)
any other persons that the Secretary of State considers
 
 
appropriate.
 
 
(6)
The notice under subsection (5) must specify the period before the
25
 
end of which any notified person may make representations in
 
 
writing to the Secretary of State.
 
 
(7)
In this section—
 
 
“notified person” means a person notified about a proposal
 
 
under this section in accordance with subsection (5) ;
30
 
“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) .”
 
 
17
For section 110 substitute—
 
 
“110
Requirements in connection with establishment of combined
35
 
authority
 
 
(1)
The Secretary of State may make an order establishing a combined
 
 
authority for an area (whether or not including other provision
 
 
made under this Part) only if the following requirements are met
 
 
in relation to the order.
40
 
(2)
The Secretary of State considers that the statutory test is met.
 

Page 94

 
(3)
The order must—
 
 
(a)
implement a proposal submitted to the Secretary of State in
 
 
accordance with section 109A (proposal for new combined
 
 
authority - locally led), with or without modifications,
 
 
(b)
implement a proposal of which notice was given under
5
 
section 109B (proposal for new combined authority -
 
 
Secretary of State directed), with or without modifications,
 
 
or
 
 
(c)
implement a proposal which the Secretary of State is satisfied
 
 
that the constituent councils have consented to in principle.
10
 
(4)
If the order falls under subsection (3) (a) or (c) , the consultation
 
 
requirement must be met.
 
 
(5)
If the order falls under subsection (3) (b) , the Secretary of State must
 
 
in making the order have regard to any representations received
 
 
before the end of the period specified in the notice.
15
 
(6)
The “statutory test” is that it is appropriate to make the order in
 
 
relation to the area having regard to the need to secure effective
 
 
and convenient local government in relation to the areas of
 
 
competence.
 
 
(7)
The “consultation requirement” is that the Secretary of State has
20
 
consulted—
 
 
(a)
if the order falls under subsection (3) (a) , such persons (if
 
 
any) as the Secretary of State considers it necessary to consult
 
 
about—
 
 
(i)
the proposal that the order will implement, and
25
 
(ii)
any modifications to that proposal;
 
 
(b)
if the order falls under subsection (3) (c) , the relevant
 
 
consultees about the proposal.
 
 
(8)
Subsection (9) applies where the Secretary of State is considering
 
 
whether to make an order establishing a combined authority for an
30
 
area and—
 
 
(a)
part of the area is separated from the rest of it by one or
 
 
more local government areas that are not within the area,
 
 
or
 
 
(b)
a local government area that is not within the area is
35
 
surrounded by local government areas that are within the
 
 
area.
 
 
(9)
In deciding whether to make the order, the Secretary of State must
 
 
have regard to the likely effect of the creation of the proposed
 
 
combined authority on the exercise of functions equivalent to those
40
 
of the proposed combined authority's functions in each local
 
 
government area that is next to any part of the proposed area.
 

Page 95

 
(10)
The requirements of this section do not apply to an order to the
 
 
extent that it includes provision made under section 107F (functions
 
 
of mayors: policing).
 
 
(11)
In this section—
 
 
“areas of competence” has the meaning given by section 2 of
5
 
the English Devolution and Community Empowerment Act
 
 
2025;
 
 
“proposed area” means the area for which the combined
 
 
authority is proposed to be established;
 
 
the “relevant consultees” , in relation to subsection (7) (b) are—
10
 
(a)
the constituent councils, and
 
 
(b)
any other persons that the Secretary of State considers
 
 
it appropriate to consult.”
 
 
18
In section 112A (proposal for changes to existing combined arrangements)—
 
 
(a)
in the heading, at the end insert “(locally led)”;
15
 
(b)
in subsection (1)(a), for the words from “section 104” to “107F”
 
 
substitute “any of the relevant sections”;
 
 
(c)
after subsection (1) insert—
 
 
“(1A)
The “relevant sections” are—
 
 
(a)
section 104 (constitution and functions: transport);
20
 
(b)
section 105 (constitution and functions: local authority
 
 
functions generally);
 
 
(c)
section 105A (other public authority functions);
 
 
(d)
section 106 (changes to boundaries);
 
 
(e)
section 107 (dissolution);
25
 
(f)
section 107A (power to provide for election of mayor);
 
 
(g)
section 107D (functions of mayors: general).”;
 
 
(d)
in subsection (3), for paragraph (a), substitute—
 
 
“(a)
consult any persons that the authority or the
 
 
authorities consider it appropriate to consult, and”;
30
 
(e)
in subsection (5), after “an order” insert “under section 104, 105,
 
 
105A or 107D”;
 
 
(f)
after subsection (5) insert—
 
 
“(5A)
Before a proposal under this section for the making of an
 
 
order under section 106 or 107 is submitted to the Secretary
35
 
of State, the relevant consenting authorities must consent to
 
 
the submission of the proposal.
 
 
(5B)
Before a proposal under this section for the making of an
 
 
order under section 107A is submitted to the Secretary of
 
 
State, the constituent councils and the combined authority
40
 
must consent to the submission of the proposal.”;
 

Page 96

 
(g)
in subsection (6), after “(5)” insert “, (5A) or (5B) ”;
 
 
(h)
after subsection (6) insert—
 
 
“(6A)
In determining for the purposes of subsection (5) who would
 
 
have to consent to the making of an order under section 104,
 
 
105, 105A or 107D, the consent of an authority is taken to
5
 
be required even if the requirement for their consent under
 
 
that section does not apply where a proposal is made under
 
 
this section.”;
 
 
(i)
omit subsection (8);
 
 
(j)
for subsection (9) substitute—
10
 
“(9A)
For the meaning of the “relevant consenting authorities” in
 
 
relation to an order under section 106 or 107 see sections
 
 
113ZB and 113ZC .”
 
 
19
After section 112A insert—
 
 
“112B
Proposal to add an area to an existing area of a combined authority
15
 
(Secretary of State directed)
 
 
(1)
The Secretary of State may prepare a proposal under this section
 
 
for the making of an order under section 106 to add a local
 
 
government area to an existing area of a combined authority only
 
 
if the following requirements are met.
20
 
(2)
The local government area, or any part of it, is not within the area
 
 
of a combined authority or combined county authority.
 
 
(3)
At the time the Secretary of State starts to prepare the proposal—
 
 
(a)
no relevant proposals have been submitted to the Secretary
 
 
of State in relation to the local government area (or any part
25
 
of that area), or
 
 
(b)
a relevant proposal has been so submitted but the Secretary
 
 
of State does not consider it to be a viable proposal.
 
 
(4)
A “relevant proposal” is a proposal—
 
 
(a)
under section 109A to establish a new combined authority;
30
 
(b)
under section 45 of the Levelling-up and Regeneration Act
 
 
2023 to establish a new combined county authority;
 
 
(c)
under section 112A to add an area to the existing area of a
 
 
combined authority;
 
 
(d)
under section 47 of the Levelling-up and Regeneration Act
35
 
2023 to add an area to the existing area of a combined county
 
 
authority.
 
 
(5)
The Secretary of State has had regard to whether the statutory test
 
 
would be met in relation to the order that the proposal would give
 
 
effect to (and for that purpose the reference in the statutory test to
40
 
“the area” is to the proposed area).
 

Page 97

 
(6)
The Secretary of State must give notice of any proposal prepared
 
 
under subsection (1) (including a copy of the proposal) to—
 
 
(a)
any district council whose area would be added to the area
 
 
of the combined authority,
 
 
(b)
any county council any of whose area would be added to
5
 
the area of the combined authority,
 
 
(c)
if the combined authority is a mayoral combined authority,
 
 
the mayor,
 
 
(d)
the constituent councils of the combined authority, and
 
 
(e)
any other persons that the Secretary of State considers
10
 
appropriate.
 
 
(7)
The notice under subsection (6) must specify the period before the
 
 
end of which any notified person may make representations in
 
 
writing to the Secretary of State.
 
 
(8)
In this section—
15
 
“combined county authority” means a combined county
 
 
authority established under section 9(1) of the Levelling-up
 
 
and Regeneration Act 2023;
 
 
“notified person” means a person notified about a proposal
 
 
under this section in accordance with subsection (6) ;
20
 
“proposed area” means the area of a combined authority after
 
 
the local government area that is proposed to be added to
 
 
it has been added to the area;
 
 
“statutory test” has the meaning given by section 110 (6) .
 
 
112C
Proposal to provide for mayor for combined authority (Secretary
25
 
of State directed)
 
 
(1)
The Secretary of State may prepare a proposal under this section
 
 
for there to be a mayor for the area of an existing combined
 
 
authority only if the following requirements are met.
 
 
(2)
The combined authority was established for the area no less than
30
 
18 months before the Secretary of State starts to prepare the
 
 
proposal.
 
 
(3)
At the time the Secretary of State starts to prepare the proposal—
 
 
(a)
no proposal to make provision for there to be a mayor for
 
 
the area of the combined authority under section 112A has
35
 
been submitted to the Secretary of State, or
 
 
(b)
such a proposal has been so submitted but the Secretary of
 
 
State does not consider it to be a viable proposal.
 
 
(4)
The Secretary of State has had regard to whether the statutory test
 
 
would be met in relation to the order that the proposal would give
40
 
effect to.
 

Page 98

 
(5)
The Secretary of State must give notice of any proposal prepared
 
 
under subsection (1) (including a copy of the proposal) to—
 
 
(a)
the constituent councils, and
 
 
(b)
any other persons that the Secretary of State considers
 
 
appropriate.
5
 
(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
10
 
under this section in accordance with subsection (5) ;
 
 
“statutory test” has the meaning given by section 110 (6) .”
 
 
20
For section 113 substitute—
 
 
“113
Requirements in connection with changes to existing combined
 
 
arrangements
15
 
(1)
The Secretary of State may make an order under any of the relevant
 
 
sections in relation to an existing combined authority only if—
 
 
(a)
the Secretary of State considers that the statutory test is met,
 
 
and
 
 
(b)
any consultation required by subsection (3) or (4) has been
20
 
carried out.
 
 
(2)
The “relevant sections” are—
 
 
(a)
section 104 (constitution and functions: transport);
 
 
(b)
section 105 (constitution and functions: local authority
 
 
functions generally);
25
 
(c)
section 105A (other public authority functions);
 
 
(d)
section 107A (power to provide for election of mayor);
 
 
(e)
section 107D (functions of mayors: general).
 
 
(3)
If the order implements a proposal submitted to the Secretary of
 
 
State in accordance with section 112A, the Secretary of State must
30
 
consult such persons (if any) as the Secretary of State considers it
 
 
necessary to consult about the proposal.
 
 
(4)
In any other case, the Secretary of State must consult the relevant
 
 
consultees.
 
 
(5)
Subsection (4) does not apply if the order— .
35
 
(a)
implements a proposal of which notice was given under
 
 
section 112C (proposal to provide for mayor for combined
 
 
authority, Secretary of State directed), or
 
 
(b)
is made in accordance with the requirements under section
 
 
107B (3) .
40

Page 99

 
(6)
The “relevant consultees” for the purposes of subsection (4) —
 
 
(a)
in relation to a mayoral combined authority means—
 
 
(i)
the constituent councils, and
 
 
(ii)
the mayor;
 
 
(b)
in relation a non-mayoral combined authority means—
5
 
(i)
the constituent councils, and
 
 
(ii)
the combined authority.
 
 
(7)
In this section, “statutory test” has the meaning given by section
 
 
110 (6) .”
 
 
21
After section 113 (inserted by paragraph 20 ) insert—
10
 
“113ZA
Requirements in connection with boundary changes or dissolution
 
 
of combined authority
 
 
(1)
The Secretary of State may make an order under section 106
 
 
(boundary changes) or 107 (dissolution) in relation to an existing
 
 
combined authority only if the following requirements are met.
15
 
(2)
The Secretary of State considers that the statutory test is met.
 
 
(3)
For the purposes of subsection (2) , the reference in the statutory
 
 
test to “the area”—
 
 
(a)
in relation to an order under section 106, means the area
 
 
after the local government area in question has been added
20
 
or removed, or
 
 
(b)
in relation to an order under section 107, means the area of
 
 
the combined authority.
 
 
(4)
The order must—
 
 
(a)
implement a proposal submitted to the Secretary of State in
25
 
accordance with section 112A, with or without modifications,
 
 
(b)
implement a proposal of which notice was given under
 
 
section 112B , with or without modifications, or
 
 
(c)
implement a proposal which the Secretary of State is satisfied
 
 
that the relevant consenting authorities have consented to
30
 
in principle (see sections 113ZB and 113ZC : relevant
 
 
consenting authorities).
 
 
(5)
If the order falls under subsection (4) (a) or (c) , the consultation
 
 
requirement must be met.
 
 
(6)
If the order falls under subsection (4) (b) , the Secretary of State must
35
 
in making the order have regard to any representations received
 
 
before the end of the period specified in the notice.
 
 
(7)
The “consultation requirement” is that the Secretary of State has
 
 
consulted—
 

Page 100

 
(a)
if the order falls under subsection (4) (a) , such persons (if
 
 
any) as the Secretary of State considers it necessary to consult
 
 
about —
 
 
(i)
the proposal that the order will implement, and
 
 
(ii)
any modifications to that proposal;
5
 
(b)
if the order falls under subsection (4) (c) , the relevant
 
 
consultees about the proposal.
 
 
(8)
Subsection (9) applies where the Secretary of State is considering
 
 
whether to make an order under section 106 and—
 
 
(a)
part of the area to be created is separated from the rest of
10
 
it by one or more local government areas that are not within
 
 
the area, or
 
 
(b)
a local government area that is not within the area to be
 
 
created is surrounded by local government areas that are
 
 
within the area.
15
 
(9)
In deciding whether to make the order under section 106, the
 
 
Secretary of State must have regard to the likely effect of the change
 
 
to the combined authority's area on the exercise of functions
 
 
equivalent to those of the combined authority's functions in each
 
 
local government area that is next to any part of the area to be
20
 
created by the order.
 
 
(10)
In this section—
 
 
“relevant consultee” —
 
 
(a)
in relation to an order under section 106 means—
 
 
(i)
the council of the local government area to
25
 
be added to or removed from the area of the
 
 
combined authority;
 
 
(ii)
if the local government area is to be added to
 
 
or removed from a mayoral combined
 
 
authority, the mayor of that authority;
30
 
(iii)
if the local government area is to be added to
 
 
or removed from a non-mayoral combined
 
 
authority, the combined authority;
 
 
(iv)
any other persons that the Secretary of State
 
 
considers appropriate;
35
 
(b)
in relation to an order under section 107 means—
 
 
(i)
the constituent councils of the combined
 
 
authority that is to be abolished;
 
 
(ii)
if the combined authority that is to be
 
 
abolished is a mayoral combined authority,
40
 
the mayor of that authority;
 

Page 101

 
(iii)
if the combined authority that is to be
 
 
abolished is a non-mayoral combined
 
 
authority, the combined authority;
 
 
(iv)
any other persons that the Secretary of State
 
 
considers appropriate;
5
 
“statutory test” has the meaning given by section 110 (6) .
 
 
113ZB
Relevant consenting authorities in relation to orders under section
 
 
106
 
 
(1)
The “relevant consenting authorities” in relation to an order under
 
 
section 106 means—
10
 
(a)
the relevant council for the local government area to be