Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Strategic authorities
The strategic authorities
This section sets out the meaning of “strategic authority” and other related expressions for the purposes of this Act.
“Strategic authority” means—
a single foundation strategic authority,
a combined foundation strategic authority, or
a mayoral strategic authority, including an established mayoral strategic authority.
“Single foundation strategic authority” means— which is designated under section 3.
a unitary district council, or
a county council,
“Combined foundation strategic authority” means—
a non-mayoral combined authority, or
a non-mayoral combined county authority.
“Mayoral strategic authority” means—
a mayoral combined authority,
a mayoral combined county authority, or
the GLA.
A mayoral strategic authority is “established” if it is—
a mayoral combined authority which is designated under section 106B of LDEDCA 2009,
a mayoral combined county authority which is designated under section 25A of LURA 2023, or
the GLA.
The areas of competence
For the purposes of this Act, the subjects or subject referred to in each of the following paragraphs is an “area of competence”—
transport and local infrastructure;
skills and employment support;
housing and strategic planning;
economic development and regeneration;
the environment and climate change;
health, well-being and public service reform;
public safety;
culture;
rural affairs and coastal communities.
Single foundation strategic authorities
The Secretary of State may, by regulations, designate a unitary district council or a county council as a single foundation strategic authority.
The Secretary of State may not designate a council if the council’s area is within, or is, the area of another strategic authority.
The Secretary of State may not designate a council unless the council consents to the designation.
Regulations under this section are subject to affirmative resolution procedure.
In this Act, see Schedule 27 for powers for the Secretary of State to confer functions on single foundation strategic authorities.
Combined authorities and CCAs
Schedule 1 contains provision amending requirements relating to the establishment and expansion of, and conferral of functions on, combined authorities and CCAs.
Before section 18 of LURA 2023 insert—
After section 103 of LDEDCA 2009 insert—
LURA 2023 is amended in accordance with subsections (2) and (3).
After section 13 insert—
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)”.
LDEDCA 2009 is amended in accordance with subsections (5) and (6).
After section 104C insert—
In section 104C (regulations about members), in subsection (2)(a), after “members of a particular kind” insert “(including provision disapplying or modifying the effect of section 104CA)”.
Schedule 2 makes further provision about decision-making and exercise of functions.
In LURA 2023, after section 24B (inserted by section 43(2) of this Act) insert—
In LDEDCA 2009, after section 104CB (inserted by section 6 of this Act) insert—
After section 25 of LURA 2023 insert—
LDEDCA 2009 is amended in accordance with subsections (3) and (4).
Before section 106 insert—.
After section 106A insert—
After section 29 of LURA 2023 insert—
In section 30(3) of LURA 2023 (delegation of functions by the mayor), after paragraph (b) insert— .
In Schedule 1 to LURA 2023 (overview and scrutiny committees etc), in paragraph 1 (functions of overview and scrutiny committees), after sub-paragraph (4) insert—
After section 107C of LDEDCA 2009 insert—
In section 107D(3) of LDEDCA 2009 (delegation of functions by the mayor), after paragraph (b) insert— .
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—
Schedule 3 inserts the new Schedule 2A into LURA 2023 and the new Schedule 5BA into LDEDCA 2009.
LURA 2023 is amended in accordance with subsections (2) and (3).
After section 52 insert—
In section 252 (regulations)—
in subsection (2), for “(c)” substitute “(ca)”;
in subsection (5)(a), for “(c)” substitute “(ca)”;
in subsection (8), after paragraph (c) insert—
After section 113D of LDEDCA 2009 insert—
Schedule 4 changes the system of overview and scrutiny committees for mayoral CCAs.
Schedule 5 changes the system of overview and scrutiny committees for mayoral combined authorities.
In section 40 of the Local Government Finance Act 1992 (issue of precepts by major precepting authorities)—
omit subsection (11)(a);
in subsection (11)(b), for “that section” substitute “section 107G of the Local Democracy, Economic Development and Construction Act 2009”;
omit subsection (12)(a);
in subsection (12)(b), for “that section” substitute “section 41 of the Levelling-up and Regeneration Act 2023”.
In section 107G of LDEDCA 2009 (mayors for combined authority areas: financial matters)—
omit subsection (1);
in subsection (2), omit “in respect of mayoral functions”;
in subsection (4)(a), for the words from “consists” to the end of that paragraph substitute “includes a separate component in respect of the mayor’s PCC functions,”;
in subsection (5)(b), after “functions,” insert “or the other functions of the authority (other than any PCC functions that are exercisable by the mayor), or both”.
In section 41 of LURA 2023 (mayors for CCA areas: financial matters)—
omit subsection (1);
in subsection (2), omit “in respect of mayoral functions”;
in subsection (4)(a), for the words from “consists” to the end of that paragraph substitute “includes a separate component in respect of the mayor’s PCC functions,”;
in subsection (5)(b), after “functions,” insert “or the other functions of the CCA (other than any PCC functions that are exercisable by the mayor), or both”.
Section 23 of the Local Government Act 2003 (meaning of “local authority” and application of provisions to combined authorities and CCAs) is amended in accordance with subsections (2) to (6).
In subsection (5), for “except that section 1 confers power on such a combined authority” substitute .
In subsection (8), for “The reference in subsection (5)” substitute “A reference in subsection (5) or (9A)”.
In subsection (8A), for “except that section 1 confers power on a CCA” substitute .
In subsection (8C), for “The reference in subsection (8A)” insert “A reference in subsection (8A) or (9A)”.
After subsection (9) insert—
The coming into force of this section does not affect the validity of—
any borrowing undertaken by a combined authority or CCA under Part 1 of the Local Government Act 2003 before this section came into force, or
anything else done by a combined authority or CCA, or any other person, before this section came into force—
under or for the purposes of Part 1 of the Local Government Act 2003, or
in relation to borrowing by a combined authority or CCA under Part 1 of the Local Government Act 2003.
Section 74 of LGFA 1988 (levies) is amended in accordance with subsections (2) to (9).
For subsections (8) and (10) substitute—
In subsection (11), for “subsection (8) that include provision within subsection (10)(b)” substitute “subsection (8B) or (8C)”.
In subsection (13), for “subsection (8)” substitute “subsection (8B) or (8C)”.
In subsection (14)—
in the words before the definition of “constituent council”, after “(13)” insert “and this subsection”;
after the definition of “mayoral functions” insert—
For subsection (15) substitute—
In subsection (16), for “subsection (15)” substitute “subsection (15B) or (15C)”.
In subsection (17), for “of subsection (15)” substitute “subsection (15B) or (15C)”.
In subsection (18)—
in the words before the definition of “constituent council”, after “(17)” insert “and this subsection”;
after the definition of “mayoral functions” insert—
In consequence of those amendments—
in section 143 of LGFA 1988 (orders and regulations)—
in subsection (4B), for “subsection (8)” substitute “subsection (8B) or (8C)”;
in subsection (4C), for “subsection (15)” substitute “subsection (15B) or (15C)”;
in section 106A of LDEDCA 2009 (consent requirements under other powers), in subsection (5)(b), for “subsection (8)” substitute “subsection (8B) or (8C)”.
In section 57 of LURA 2023 (interpretation)—
after the definition of “economic prosperity board” insert— ;
after the definition of “non-constituent member” insert— .
Part 6 of LDEDCA 2009 is amended as follows—
before the italic heading before section 88 insert— ;
before the italic heading before section 103 insert— ;
before the italic heading before section 113A insert— .
In section 120 of LDEDCA 2009 (interpretation)—
after the definition of “deputy mayor” insert— ;
after the definition of “non-constituent member” insert— .
The Greater London Authority
After section 40 of the GLAA 1999 insert—
Mayors
In Schedule 5B to LDEDCA 2009 (mayors for combined authority areas: further provision about elections), after paragraph 9A insert—
In Schedule 5C to that Act (mayors for combined authority areas: PCC functions), in paragraph 9 (disqualification)—
in sub-paragraph (2), for “and 9A” substitute “, 9A and 9B”.
In Schedule 2 to LURA 2023 (mayors for combined county authority areas: further provisions about elections), after paragraph 9 insert—
In Schedule 3 to that Act (mayors for combined county authority areas: PCC functions), in paragraph 10 (disqualification)—
in sub-paragraph (2), for “and 9” substitute “, 9 and 9A”.
In the GLAA 1999, after section 21A insert—
In section 30 of LURA 2023 (functions of mayors: general), after subsection (1) insert—
In section 107D of LDEDCA 2009 (functions of mayors: general), after subsection (1) insert—
Section 30 of LURA 2023 (functions of mayors: general) is amended in accordance with subsections (2) and (3).
In subsection (2), after “exercisable by the mayor” insert “(whether by virtue of regulations under subsection (1) or otherwise)”.
In subsection (8), for “by virtue of this Act” substitute “(whether by virtue of this Act or otherwise)”.
Section 107D of LDEDCA 2009 (functions of mayors: general) is amended in accordance with subsections (5) and (6).
In subsection (2), after “exercisable by the mayor” insert “(whether by virtue of an order under subsection (1) or otherwise)”.
In subsection (6), for “by virtue of this Act” substitute “(whether by virtue of this Act or otherwise)”.
Annual report on devolution
For section 1 of the Cities and Local Government Devolution Act 2016 (devolution: annual report) substitute—
Functions of strategic authorities and mayors
Mayoral powers of competence
Schedule 6 amends the Localism Act 2011 to extend the general power of competence to combined authorities and CCAs and their mayors.
After section 17A of LURA 2023 (inserted by section 5 of this Act) insert—
In section 252 of LURA 2023 (regulations)—
in subsection (5)(a), after “subsection” insert “(8)(aa) or”;
in subsection (8), before paragraph (a) insert— .
After section 103A of LDEDCA 2009 (inserted by section 5 of this Act) insert—
In section 117 of LDEDCA 2009 (orders and regulations), in subsection (3)(a), after “order” insert “or regulations”.
After section 40A of GLAA 1999 (inserted by section 16 of this Act) insert—
In section 420 of GLAA 1999 (regulations and orders), in subsection (7), in the appropriate place, insert “section 40B;”.
After section 17B of LURA 2023 (inserted by section 22 of this Act) insert—
After section 103B of LDEDCA 2009 (inserted by section 22 of this Act) insert—
After section 40B of GLAA 1999 (inserted by section 22 of this Act) insert—
Transport and local infrastructure
Schedule 7 confers on strategic authorities, and local authorities where there is no strategic authority, powers to regulate the provision of micromobility vehicles.
Schedule 8 makes provision about arrangements made by combined authorities and CCAs to carry out works on highways.
Schedule 9 makes provision about charges payable by undertakers executing works in maintainable highways.
Schedule 10 confers on combined authorities and CCAs functions in relation to civil enforcement of traffic contraventions.
The GLAA 1999 is amended as follows.
In section 163(1), in the words after paragraph (b), for “Secretary of State” substitute “appropriate person”.
In section 163(2), for “Secretary of State” substitute “appropriate person”.
After section 163(4), insert—
For section 163(5) substitute—
In section 163(7), for “Secretary of State”, substitute “appropriate person”.
In section 163(8), before “operational land” insert—
In section 164(a), after “Secretary of State” insert “or Mayor”.
In section 420, after subsection (5), insert—
Schedule 11 makes provision about key route network roads (including road traffic reduction).
For section 113 of the Transport Act 2000 substitute—
Schedule 12 confers on combined authorities and CCAs functions as local transport authorities and makes provision about other functions relating to transport.
Skills and employment support
Schedule 13 confers on strategic authorities functions relating to education.
Housing and strategic planning
Schedule 14 confers on mayors of combined authorities and CCAs functions in relation to planning applications of potential strategic importance.
Schedule 15 confers on mayors of combined authorities and CCAs functions in relation to development orders.
Schedule 17 confers on mayors of combined authorities and CCAs powers to charge community infrastructure levy.
Schedule 18 confers on strategic authorities functions relating to the acquisition and development of land.
Schedule 19 confers on combined authorities and CCAs functions relating to housing accommodation.
Schedule 20 provides for mayoral development corporations to be established within the areas of mayoral combined authorities and mayoral CCAs.
In section 12G of the Planning and Compulsory Purchase Act 2004 (preparation of draft spatial development strategy), after subsection (2) insert—
Economic development and regeneration
Schedule 21 confers on combined authorities and CCAs functions in relation to the assessment of economic conditions.
Schedule 22 confers on mayoral strategic authorities functions in relation to local growth plans.
Chapter 1 of Part 3 of the Local Government Act 2003 (expenditure grant) is amended in accordance with this section.
In the heading of section 31 (power to pay grant), after “power” insert “of Ministers”.
After section 32 insert—
After section 107ZB of LDEDCA 2009 (inserted by section 45(1) of this Act), insert—
After section 24A of LURA 2023 (inserted by section 45(2) of this Act), insert—
After section 403 of the GLAA 1999, insert—
Schedule 23 confers on combined authorities and CCAs and the GLA miscellaneous functions exercisable by local authorities.
Health, well-being & public service reform
After section 107ZA of LDEDCA 2009 insert—
After section 24 of LURA 2023 insert—
In section 309(F)(5) of GLAA 1999 (health inequalities between persons living in Greater London) after paragraph (a), insert— .
Public safety
In section 107F of LDEDCA 2009 (functions of mayors: policing)—
after subsection (1) insert— ;
in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”;
in subsection (3), for “subsection (1)” substitute “this section”;
after subsection (4) insert— ;
in subsection (8)(b), after “Schedule 5C” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.
After section 107F of LDEDCA 2009 insert—
In section 107G of LDEDCA 2009 (mayors for combined authorities: financial matters), after subsection (4) insert—
In section 33 of LURA 2023 (functions of mayors: policing)—
after subsection (1) insert— ;
in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”;
in subsection (3), for “subsection (1)” substitute “this section”;
after subsection (4) insert— ;
in subsection (8)(b), after “Schedule 3” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.
After section 33 of LURA 2023 insert—
In section 41 of LURA 2023 (mayors for CCA areas: financial matters), after subsection (4) insert—
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—
After— insert—
paragraph 21(a) of Schedule 5 to the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112),
paragraph 21(a) of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), and
paragraph 21(a) of Schedule 1 to the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414),
In section 1 of PRSRA 2011 (police and crime commissioners), for subsection (9A) substitute—
After section 76 of PRSRA 2011 insert—
In the Police Act 1996—
in section 32 (power to alter police areas by order), in subsection (3)—
in the words before paragraph (a), omit “either”;
in paragraph (b), after “effectiveness” insert ;
in section 32, after subsection (4) insert— ;
in section 34 (orders altering police areas: supplementary provision), in subsection (5), after “subsection (3)(a)” insert “or (3)(c)”.
Section 1 of FRSA 2004 (fire and rescue authorities) is amended in accordance with subsections (2) and (3).
In subsection (2), after paragraph (e) insert—
After subsection (2) insert—
After section 1 of FRSA 2004 insert—
In section 5M of FRSA 2004 (interpretation), after the definition of “City of London police area” insert— .
Schedule 25 contains further provision about fire and rescue services.
In section 107EA of LDEDCA 2009 (exercise of fire and rescue functions)—
for subsection (1) substitute— ;
in subsection (5), after “107D(1)” insert “, or in section 1(2B) of the Fire and Rescue Services Act 2004,”.
In section 34 of LURA 2023 (exercise of fire and rescue functions)—
for subsection (1) substitute— ;
in subsection (5), after “30(1)” insert “, or in section 1(2B) of the Fire and Rescue Services Act 2004,”.
In section 115 of the Crime and Disorder Act 1998 (disclosure of information), in subsection (2), after paragraph (c) insert— .
Schedule 26 amends the Licensing Act 2003 to confer licensing functions on the GLA and the Mayor of London.
Culture
LGA 1972 is amended in accordance with this section.
In section 144 (power to encourage visitors and provide conference and other facilities), in subsections (1) and (2), after “local authority” insert “, combined authority or combined county authority”.
In section 145 (provision of entertainments)—
in subsection (1), in the words before paragraph (a), after “local authority” insert “, combined authority or combined county authority”;
in subsection (2), in the words before paragraph (a), after “local authority” insert “, combined authority or combined county authority”.
Requests by mayors of established mayoral strategic authorities
One or more mayors for EMSAs may notify the Secretary of State of— which the mayor or mayors believe would secure, or contribute to securing, the effective exercise of functions in relation to any aspect of any area of competence.
any change to the law relating to strategic authorities,
any change to the funding of strategic authorities, or
any other change relating to strategic authorities,
In exercising the function of giving notifications under this section, a mayor must have regard to any guidance issued for this purpose by the Secretary of State.
If a notification under this section is given, the Secretary of State must, within the period of six months beginning with the day on which the notification is given—
decide how to respond, and
notify the mayor or mayors that gave the notification of—
the decision, and
the reasons for making the decision.
Regulations relating to functions of strategic authorities and mayors
Schedule 27 confers on the Secretary of State powers in relation to the functions of strategic authorities and mayors (including powers to use pilot schemes).
Section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) is amended in accordance with this section.
In subsection (1)—
for the words before paragraph (a) substitute— ;
in paragraph (c)—
for “or a combined county authority” substitute “a combined county authority or a category of strategic authorities”;
after “that authority” insert “or those authorities”.
In subsection (2), in the words after paragraph (h), for the words from “transferable” to the end substitute “transferable by a devolution of functions SI.”
In subsection (7), in the words before paragraph (a), for “2022” substitute “2023”.
After subsection (7) insert— .
In subsection (8), for the words from “transferred” to the end substitute “transferred to it by a devolution of functions SI.”
For subsection (9) substitute— .
Supplementary provision relating to extension of functions
The Secretary of State may by regulations make incidental, consequential, transitional, transitory or supplementary provision for the purposes of, or in consequence of— by relevant legislation.
the conferral of a function on a relevant authority, or
the modification of a function of a relevant authority,
Regulations under this section may (in particular) amend any Act of Parliament (whenever passed), including by amending this Act.
Regulations under this section which contain provision amending an Act of Parliament are subject to affirmative resolution procedure.
Any other regulations under this section are subject to negative resolution procedure.
In this section— “relevant authority” means— a strategic authority; the mayor for the area of a CCA or the area of a combined authority; the Mayor of London; a GLA functional body. “relevant legislation” means— this Act, regulations under this Act, or any other legislation (whenever passed or made), except for functions conferred by an order under Chapter 1 of Part 6 of LDEDCA 2009 (instead see section 114 of that Act) or by regulations under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that Act).
The Secretary of State may by regulations make provision for the transfer of property, rights and liabilities (including criminal liabilities) for the purposes of, or in consequence of, or for giving full effect to— by relevant legislation.
the conferral of a function on a relevant authority, or
the modification of a function of a relevant authority,
Property, rights and liabilities may be transferred by—
the regulations,
a scheme made by the Secretary of State under the regulations, or
a scheme required to be made under the regulations by a person other than the Secretary of State.
A transfer by virtue of this section may have effect—
whether or not the property, rights and liabilities would otherwise be capable of being transferred;
without any instrument or formality being required.
The rights and liabilities which may be transferred by virtue of this section include rights and liabilities in relation to a contract of employment.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) apply to the transfer by virtue of this section (whether or not the transfer is a relevant transfer for the purposes of those regulations).
Regulations under this section or a scheme made under them may define the property, rights and liabilities to be transferred by specifying or describing them.
Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—
for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred;
for the shared ownership or use of any property or facilities;
for the management or custody of transferred property;
for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.
Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—
for the continuing effect of things done by the transferor in relation to anything transferred;
for the continuation of things (including legal proceedings) in the process of being done, by or on behalf of or in relation to the transferor in relation to anything transferred;
for references to the transferor in any agreement (whether written or not), instrument or other document in relation to anything transferred to be treated (so far as necessary for the purposes of or in consequence of the transfer) as references to the transferee.
Regulations under this section are subject to affirmative resolution procedure.
In this section— “relevant authority” means— a strategic authority; the mayor for the area of a CCA or the area of a combined authority; the Mayor of London; a GLA functional body; “relevant legislation” means— this Act, regulations under this Act, or any other legislation (whenever passed or made), except for functions conferred by an order under Chapter 1 of Part 6 of LDEDCA 2009 (instead see section 114 of that Act) or by regulations under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that Act).
Protection of functions
A Minister of the Crown must not exercise any power to make secondary legislation (whenever conferred) so as to cause a function to cease to be exercisable by—
strategic authorities generally, or
a category of strategic authorities.
This section does not apply to a function conferred by regulations under Part 6 of Schedule 27.
This section does not limit the making of—
permitted provision, or
provision that is— permitted provision (whether the permitted provision is made in secondary legislation or an Act of Parliament).
in consequence of, or
otherwise in connection with,
In this section “permitted provision” means provision—
modifying a function;
abolishing a function;
repealing or revoking provision conferring a function in consequence of, or otherwise in connection with, other legislation conferring the function (with or without modifications).
Other measures about local authorities and PCCs
Reorganisation
Schedule 28 makes provision about arrangements relating to single tiers of local government.
In section 12 of LGPIHA 2007 (provision relating to membership etc of authorities)—
after subsection (3) insert— ;
after subsection (5) insert—
Governance
Schedule 29 contains provision about local authority governance and executives.
Local authorities in England must make appropriate arrangements to secure the effective governance of any area of a specified description that falls within the authority's area (a “neighbourhood area”).
In making appropriate arrangements in relation to a neighbourhood area in which there are one or more parish councils, the local authority must engage with the parish council or councils about parish representation under those arrangements.
“Appropriate arrangements” for the purposes of subsection (1) are such arrangements as are specified in regulations made by the Secretary of State.
Regulations under subsection (3) may include provision—
requiring the establishment and maintenance by local authorities of specified organisational structures for the governance of neighbourhood areas (or for the use of specified existing organisational structures for that purpose);
about the number, membership, funding and review of such structures;
about the functions that may or must be carried out by such structures for the purpose of ensuring the effective governance of neighbourhood areas (including for the structures to carry out functions on behalf of the local authority);
requiring the carrying out of such activities for the purpose of ensuring local engagement with the neighbourhood area as may be specified.
Regulations under this section about the membership of specified organisational structures may, in particular, make provision for the membership to include parish representation.
Regulations under this section may—
confer a function, including a function involving the exercise of a discretion, on any person;
provide for exceptions.
In this section— “local authority” means— a county council, a district council, a London borough council; “parish representation” means representation of any parish council or councils within a neighbourhood area; “specified” means specified or described in regulations under this section.
Regulations under this section are subject to affirmative resolution procedure.
Elections
Schedule 30 makes provision for the use of the supplementary vote system in elections of mayors and police and crime commissioners.
An election timing order (the “invalid order”) has no effect if—
the order relates to an election of councillors of an English principal council (the “affected election”),
the order is made for a reason which relates to a process of local government reorganisation affecting that council (the “reorganisation process”), whether that process is proposed or has begun at the time when the order is made, and
the order would delay the affected election by more than 53 weeks.
For the purposes of this section—
“process of local government reorganisation affecting” an English principal council means—
the Secretary of State giving that council an invitation or direction under section 2 or 2A of LGPIHA 2007, or
the Local Government Boundary Commission making a recommendation for a boundary change relating to that council to the Secretary of State under section 8 of LGPIHA 2007;
it does not matter if the reason which relates to the reorganisation process is the only reason, or one of several reasons, for the election timing order being made;
the circumstances in which a process of local government reorganisation affecting a council “is proposed” include circumstances in which the Secretary of State has notified the council that the Secretary of State might give that council an invitation or direction under section 2 or 2A of LGPIHA 2007;
an election timing order delays an election by more than 53 weeks if, as a result of the order, the election would take place after the end of the period of 53 weeks beginning with the original election date;
it does not matter if the delay by more than 53 weeks would result—
solely from the invalid order, or
from the cumulative effect of the invalid order and one or more previous related election timing orders;
an election timing order is to be regarded as delaying the affected election even if the election would not actually take place on the date to which it is delayed because of the eventual outcome of the reorganisation process.
In this section— “election timing order” means an order under— section 87 of LGA 2000 (power to change years in which elections held), section 7 of LGPIHA 2007 (implementation of proposals by order), or section 10 of LGPIHA 2007 (implementation of recommendations by order); “English principal council” means— a county council in England, a district council, or a London borough council; “original election date” means the date on which the affected election would have been held, ignoring the effect of— the invalid order, and any previous related election timing order; “previous related election timing order” means an election timing order which— delays the affected election, was made for a reason which relates to the reorganisation process (whether that was the only reason, or one of several reasons, for the election timing order being made), and was made before the invalid order.
Councillors
In section 100G (principal councils to publish additional information) of LGA 1972, in subsection (5), omit “, in relation to a principal council in Wales,”.
The Localism Act 2011 is amended as follows.
In section 29 (register of interests), in subsection (8), for “section 32(2)” substitute “sections 32(2) and 32A”.
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)”.
After section 32 (sensitive interests) insert—
After section 32 of the Local Government Act 2003 insert—
Schedule 31 makes provision for a community right to buy assets of community value and for the protection of sporting assets of community value in England, and related minor and consequential amendments.
Schedule 32 makes provision about the prohibition of the parking of motor vehicles on footways and verges.
Discharge of statutory trusts
LGA 1972 is amended in accordance with this section.
After section 128 (consents to land transactions by local authorities and protection of purchasers) insert—
In section 266(1) (orders which are to be made by statutory instrument), for “other than section 261 above” substitute “other than section 128A(1)”.
National standards
The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to be granted.
For each national standard prescribed under this section, the Secretary of State may, by regulations, provide for whether the licensing authority— if the licensing authority is not satisfied that the standard is met.
is required to refuse to grant the licence, or
has a power to refuse to grant the licence,
Regulations under subsection (2) which relate to a standard may include provision—
for the licensing authority—
to be required to give an opportunity to remedy the failure to meet the standard, or
to have a power to give such an opportunity, and
for the requirement or power to refuse the grant of the licence to cease to apply if the failure is remedied.
Regulations under this section may, in particular, provide for an existing power of refusal to be extended so that the existing power is used, or is treated as being used, to refuse the grant of a licence where the licensing authority is not satisfied that a national standard is met.
In this section “existing power of refusal” means a power to refuse to grant a licence (whenever conferred) which arises otherwise than under regulations under this section.
The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to continue in force.
For each national standard prescribed under this section, the Secretary of State may, by regulations—
provide for when, or the circumstances in which, a licensing authority must determine whether the standard is met;
provide for which permitted response or responses will be available if the licensing authority is not satisfied that the standard is met;
provide, if both permitted responses are available, for the circumstances in which a particular permitted response is to be made;
provide for whether the licensing authority— if the licensing authority is not satisfied that the standard is met;
is required to make a permitted response, or
has a power to make a permitted response,
provide for when, or the circumstances in which, the suspension of a regulated licence is to end, including provision under which the licensing authority has a discretion.
Regulations under subsection (2) which relate to a standard may include provision—
for the licensing authority—
to be required to give an opportunity to remedy the failure to meet the standard, or
to have a power to give such an opportunity, and
for the requirement or power to make a permitted response to cease to apply if the failure is remedied.
Regulations under this section may, in particular, provide for an existing power of suspension or revocation to be extended so that the existing power is used, or is treated as being used, to suspend or revoke a licence where the licensing authority is not satisfied that a national standard is met.
In this section— “existing power of suspension or revocation” means a power to suspend or revoke a licence (whenever conferred) which arises otherwise than under regulations under this section; “permitted response” means— suspending a regulated licence, or revoking a regulated licence; and a reference to making a permitted response is to be read accordingly.
The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to be renewed.
For each national standard prescribed under this section, the Secretary of State may, by regulations, provide for whether the licensing authority— if the licensing authority is not satisfied that the standard is met.
is required to refuse to renew the licence, or
has a power to refuse to renew the licence,
Regulations under subsection (2) which relate to a standard may include provision—
for the licensing authority—
to be required to give an opportunity to remedy the failure to meet the standard, or
to have a power to give such an opportunity, and
for the requirement or power to refuse the renewal of the licence to cease to apply if the failure is remedied.
Regulations under this section may, in particular, provide for an existing power of refusal to be extended so that the existing power is used, or is treated as being used, to refuse the renewal of a licence where the licensing authority is not satisfied that a national standard is met.
In this section “existing power of refusal” means a power to refuse to renew a licence (whenever conferred) which arises otherwise than under regulations under this section.
National standards may relate to any of the following—
persons applying for or holding regulated licences;
other persons;
vehicles;
the types of services provided using taxis or private hire vehicles;
premises;
any other matters which appear to the Secretary of State to be appropriate.
National standards may require action to be taken (for example undertaking training, or installing or using equipment, technology or services).
This section does not limit the kinds of national standards that may be prescribed.
The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 is amended in accordance with this section.
Section 5 (duty to report concerns about drivers licensed in other areas) is amended in accordance with subsections (3) and (4).
In subsection (1), for paragraph (a) substitute— .
In subsection (2)—
in paragraph (a), for “relevant information” substitute “information of which it has become aware”;
in the words after paragraph (b), omit “relevant”.
After section 6 insert—
Temporary suspension of licences
An enforcement officer may suspend a regulated driver licence if—
the licence relates to the driver of a relevant vehicle being driven in the officer’s enforcement area, and
the officer considers that it is necessary in the interests of public safety to temporarily suspend the licence with immediate effect.
An enforcement officer may suspend a regulated vehicle licence if—
the licence relates to a relevant vehicle being driven in the officer’s enforcement area, and
the officer considers that it is necessary in the interests of public safety to temporarily suspend the licence with immediate effect.
An enforcement officer may suspend a regulated PHV operator licence if—
the licence relates to the operation of a relevant vehicle being driven in the officer’s enforcement area, and
the officer considers that it is necessary in the interests of public safety to temporarily suspend the licence with immediate effect.
A power under this section to suspend a licence is exercisable by an enforcement officer in respect of a licence granted by any licensing authority in England (whether or not it is the licensing authority which appointed or authorised the officer).
This section applies if an enforcement officer decides to suspend a licence under section section 76.
The enforcement officer must give notice of the suspension to the person the officer believes to have been driving the relevant vehicle at the time the officer decided to suspend the licence.
The suspension takes effect at the time when the notice is given to the person.
The effect of the suspension is that the licence holder may not exercise any of the rights granted by the licence.
The suspension ceases to have effect at the end of the period of 48 hours beginning with the time when the notice was given.
But that is subject to section section 80(3).
The Secretary of State may, by regulations—
amend subsection (5) so as to provide for suspensions to cease to have effect at a different time, and
make consequential amendments of section section 79(2).
The Secretary of State may, by regulations, make provision about—
the form or contents of suspension notices;
the manner in which suspension notices are to be given.
This section applies if—
an enforcement officer gives a suspension notice to a person, and
before the end of the suspension, the enforcement officer becomes aware that a different person is the holder of the licence (the “licence holder”).
The enforcement officer must notify the licence holder that the suspension notice has been given.
The Secretary of State may, by regulations, make provision about—
the form or contents of notifications under this section;
the period within which notifications under this section are to be given;
the manner in which notifications under this section are to be given.
This section applies if—
an enforcement officer gives a suspension notice in respect of a licence, and
the responsible licensing authority is not the licensing authority which appointed or authorised the officer.
The enforcement officer must notify the responsible licensing authority of the suspension before the end of the period of 24 hours beginning with the time when the notice was given.
The Secretary of State may, by regulations, make provision about—
the form or contents of notifications under this section;
the manner in which notifications under this section are to be given.
This section applies if an enforcement officer gives a suspension notice in respect of a licence (the “suspended licence”).
If the suspending authority is not the responsible licensing authority, this section does not apply unless the notification required by section 79 has been given.
The responsible licensing authority must—
terminate the suspension,
extend the period of suspension, or
allow the suspension to cease to have effect at the end of the period of suspension.
The responsible licensing authority must notify the holder of the suspended licence of—
the authority’s decision under subsection (3), and
any further extension of the period of suspension.
If the responsible licensing authority does not terminate the suspension, it may also notify the holder of any steps which would (if taken) result in the suspension being terminated.
After making the decision under subsection (3), the responsible licensing authority must decide whether and how to exercise its other functions as a licensing authority in relation to the suspended licence.
If the suspending authority is not the responsible licensing authority, the responsible licensing authority must notify the suspending authority of—
any decision by the responsible licensing authority under subsection (3);
any further extension of the period of suspension;
any decision by the responsible licensing authority under subsection (6).
The Secretary of State may, by regulations, make provision about the making of decisions under subsection (3) or (6).
The regulations may, in particular, make provision about the period within which those decisions must be made.
The Secretary of State may, by regulations, make provision about the extension of periods of suspension.
The regulations may, in particular, make provision about—
the length by which periods of suspension may be extended under subsection (3);
whether and how, and the length by which, periods of suspension may be extended more than once.
The Secretary of State may, by regulations, make provision about—
the form or contents of notifications under this section;
the period within which notifications under this section are to be given;
the manner in which notifications under this section are to be given.
In this section— “period of suspension” means— the period of suspension under section 76(5), or if that period has been extended under this section, that extended period; “suspended licence” has the meaning given in subsection (1); “suspending authority”, in relation to the suspended licence, means the licensing authority which appointed or authorised the enforcement officer who suspended the licence.
The Secretary of State must make regulations providing for the holder of a licence that is suspended under the licence suspension provisions to appeal to a magistrates’ court against—
the suspension, or
any decision under section 80(3).
The Secretary of State may make regulations providing for compensation to be payable by licensing authorities in cases where—
an appeal under regulations under subsection (1) is successful, or
an enforcement officer gives a suspension notice but fails to give notice as required under section 78(2) in circumstances where it was reasonably practicable for the officer to have done so.
The regulations may provide for—
the amounts of compensation, or
the minimum or the maximum amounts of compensation.
The regulations may, in particular, confer (whether on a court or tribunal or person)—
the function of determining liability to pay compensation,
the function of determining the amount of compensation that is payable (in cases where the amount is not fixed by regulations under subsection (3)), or
other functions relating to compensation.
In the licence suspension provisions, “enforcement officer” means a person appointed or authorised by a licensing authority in England (the “appointing licensing authority”) to carry out functions conferred by those provisions on behalf of that authority.
Accordingly—
functions expressed in the licence suspension provisions as functions of enforcement officers are functions of the appointing licensing authority that are exercisable on that authority’s behalf by the officers appointed or authorised by that authority in accordance with subsection (1), and
a reference to a licensing authority in section 83 includes a reference to an enforcement officer.
Where a function is expressed as a function of the enforcement officer who gave a suspension notice, that function may instead be exercised by any other enforcement officer appointed or authorised by the appointing licensing authority.
The Secretary of State may make regulations providing for the issue and use of documents, clothing or badges or other marks to identify persons as enforcement officers.
General provision
The Secretary of State may issue guidance to licensing authorities in connection with the exercise of their functions in accordance with this Chapter.
The Secretary of State may revise or revoke guidance issued under this section.
The Secretary of State must arrange for guidance under this section, and any revision of it, to be published.
A licensing authority must have regard to guidance issued under this section.
This Chapter does not prevent the exercise of any other power or duty of a licensing authority to— a regulated licence in a way that is consistent with provision made by or under this Chapter (which includes refusing to grant, suspending, revoking, or refusing to renew a licence when not required or authorised to do so by that provision).
grant,
suspend,
revoke, or
renew,
Before section 37 of the Town Police Clauses Act 1847 insert—
After section 45 of the Local Government (Miscellaneous Provisions) Act 1976 insert—
After section 2 of the London Hackney Carriages Act 1843 insert—
After section 2 of the Metropolitan Public Carriage Act 1869 insert—
After section 1 of the Private Hire Vehicles (London) Act 1998 insert—
After section 1 of the Plymouth City Council Act 1975 insert—
Regulations under this Chapter may amend or repeal provision made by an Act of Parliament passed before, or in the same session as, this Act.
Regulations under— are subject to affirmative resolution procedure.
section 77(7), or
section 80(11),
Regulations under this Chapter which amend or repeal provision made by an Act of Parliament (whether or not they also contain other provision) are subject to affirmative resolution procedure.
Any other regulations under this Chapter are subject to negative resolution procedure.
In this Chapter— “enforcement area”, in relation to an enforcement officer, means both of the following— the area of the licensing authority which appointed or authorised the officer, in relation to the suspension of any regulated licence; the whole of the rest of England, but only in relation to the suspension of a regulated licence granted by the licensing authority which appointed or authorised the officer; “enforcement officer” has the meaning given in section section 82(1); “licence suspension provisions” means sections 76 to 82 and this section; “licensing authority”, in relation to a regulated licence, means a public authority which has licensing functions under— sections 37 to 68 of the Town Police Clauses Act 1847; the Metropolitan Public Carriage Act 1869; the Plymouth City Council Act 1975; Part 2 of the Local Government (Miscellaneous Provisions) Act 1976; the Private Hire Vehicles (London) Act 1998; “national standards” has the meaning given in section 70; “PHV driver licence” is a licence under— section 51 of the Local Government (Miscellaneous Provisions) Act 1976, section 13 of the Private Hire Vehicles (London) Act 1998, or section 9 of the Plymouth City Council Act 1975; “PHV operator licence” is a licence under— section 55 of the Local Government (Miscellaneous Provisions) Act 1976, section 3 of the Private Hire Vehicles (London) Act 1998, or section 13 of the Plymouth City Council Act 1975; “PHV vehicle licence” is a licence under— section 48 of the Local Government (Miscellaneous Provisions) Act 1976, section 7 of the Private Hire Vehicles (London) Act 1998, or section 5 of the Plymouth City Council Act 1975; “regulated driver licence” means— a taxi driver licence, or a PHV driver licence, granted by a licensing authority in England; “regulated licence” means— a taxi driver licence, a taxi vehicle licence, a PHV driver licence, a PHV vehicle licence, or a PHV operator licence, granted by a licensing authority in England; “regulated PHV operator licence” means a PHV operator granted by a licensing authority in England; “regulated vehicle licence” means— a taxi vehicle licence, or a PHV vehicle licence, granted by a licensing authority in England; “relevant vehicle” means a vehicle that an enforcement officer reasonably believes is licensed by— a taxi vehicle licence, or a PHV vehicle licence; “responsible licensing authority”, in relation to a regulated licence, means the licensing authority with the power to revoke the licence; “standard” includes— a requirement, and a condition; “suspension notice” means notice of a suspension given in accordance with section 77(2); “taxi driver licence” is a licence under— section 46 of the Town Police Clauses Act 1847, or section 8 of the Metropolitan Public Carriage Act 1869; “taxi vehicle licence” is a licence under— section 37 of the Town Police Clauses Act 1847, or section 6 of the Metropolitan Public Carriage Act 1869.
The Gambling Act 2005 is amended in accordance with this section.
In section 153 (licensing authorities’ functions: principles to be applied), in subsection (3), for “section” substitute “sections 165A and”.
After section 153 insert—
After section 165 insert—
In section 349 (three-year licensing policy), after subsection (3) insert—
The general power of competence
Schedule 33 amends the Localism Act 2011 to extend the general power of competence to English National Park authorities and the Broads Authority.
Local audit
In the Local Audit and Accountability Act 2014, after Part 1 insert—
Schedule 34 makes further provision about the Local Audit Office (including the insertion of the Schedule 1A referred to above).
In the Local Audit and Accountability Act 2014, after Part 2 insert—
Schedule 35 inserts the Schedule 1B, Schedule 1C and Schedule 1D referred to above.
In the Local Audit and Accountability Act 2014, after Part 2A (inserted by section 90(1)) insert—
In the Local Audit and Accountability Act 2014, before section 20 insert—
In the Local Audit and Accountability Act 2014, paragraph 1 of Schedule 6 (preparation of code of audit practice) is amended as follows.
For sub-paragraph (1) substitute—
In sub-paragraph (2), for “Comptroller and Auditor General” substitute “Office”.
For sub-paragraph (4) substitute—
For sub-paragraph (5) substitute—
A code that has effect as a code of audit practice under the Local Audit and Accountability Act 2014 when this section comes into force continues to have effect until (and except so far as) superseded by a code of audit practice prepared in accordance with Schedule 6 to that Act as amended by this Act.
Guidance that has effect under paragraph 9 of Schedule 6 to that Act when this section comes into force continues to have effect until (and except so far as)—
superseded by guidance prepared in accordance with that paragraph as amended by this Act, or
revoked by the Office.
In the Local Audit and Accountability Act 2014, before section 34 insert—
In the Local Audit and Accountability Act 2014, after section 33A (inserted by section 94) insert—
In any regulations, guidance or other instrument made or issued under that Act before this section comes into force, any reference to a smaller authority is to be read, in relation to matters arising after this section comes into force, as a reference to a category 2 authority.
The 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).
The case is one in which an audit has not been completed in relation to the accounts of a relevant authority other than a smaller authority for any of the following financial years—
that ending with 31 March 2023,
that ending with 31 March 2024, and
that ending with 31 March 2025.
The effect is that of enabling an audit to be carried out or completed, or anything in relation to the audit to be done, as if the relevant authority had been a smaller authority for the financial year or years in question.
Subsections (2) and (3) are to be read as if they were contained in the Local Audit and Accountability Act 2014 (as it has or had effect in relation to the financial years concerned).
Regulations under this section may modify any time limit (whether or not it has already been reached).
Regulations under this section are subject to negative resolution procedure.
In section 20 of the Local Audit and Accountability Act 2014 (general duties of auditors), for subsection (3) substitute—
Schedule 36 makes further amendments in connection with local audit.
Business tenancies: rent reviews and arrangements for new tenancies
After section 54 of the Landlord and Tenant Act 1954 insert—
Schedule 37 inserts the new Schedules 7A and 7B into the Landlord and Tenant Act 1954 and otherwise amends that Act.
Final provisions
In this Act— “area of competence” has the meaning given in section 2; “category of strategic authorities” means each of the following— the single foundation strategic authorities; the combined foundation strategic authorities; the mayoral strategic authorities except the established mayoral strategic authorities; the established mayoral strategic authorities; “CCA” means a combined county authority established under section 9(1) of LURA 2023; “combined authority” means a combined authority established under section 103 of LDEDCA 2009; “county council” means a county council in England; “established”, in relation to a mayoral strategic authority, has the meaning given in section 1; “foundation strategic authority” means— a single foundation strategic authority, or a combined foundation strategic authority; “FRSA 2004” means the Fire and Rescue Services Act 2004; “GLA” means the Greater London Authority; “GLA functional body” means a functional body within the meaning of the GLAA 1999 (see section 424 of that Act); “GLAA 1999” means the Greater London Authority Act 1999; “LDEDCA 2009” means the Local Democracy, Economic Development and Construction Act 2009; “legislation” means— an Act of Parliament, or secondary legislation; “LGA 1972” means the Local Government Act 1972; “LGA 1985” means the Local Government Act 1985; “LGA 2000” means the Local Government Act 2000; “LGFA 1988” means the Local Government Finance Act 1988; “LGPIHA 2007” means the Local Government and Public Involvement in Health Act 2007; “LURA 2023” means the Levelling-up and Regeneration Act 2023; “mayor for an EMSA” means— the mayor for the area of a mayoral combined authority, or mayoral CCA, that is an established mayoral strategic authority, or the Mayor of London; “mayoral CCA” or “mayoral combined county authority” means a CCA for an area for which provision is made in regulations under section 27(1) of the Levelling-up and Regeneration Act 2023 for there to be a mayor; “mayoral combined authority” means a combined authority for an area for which provision is made in an order under section 107A of LDEDCA 2009 for there to be a mayor; “mayoral strategic authority” has the meaning given in section 1; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; “non-mayoral CCA” or “non-mayoral combined county authority” means a CCA which is not a mayoral CCA; “non-mayoral combined authority” means a combined authority which is not a mayoral combined authority; “PRSRA 2011” means the Police Reform and Social Responsibility Act 2011; “secondary legislation” means any instrument under an Act of Parliament; “strategic authority”, in relation to a mayoral strategic authority, has the meaning given in section 1; “unitary district council” means a district council (in England) whose area does not form part of the area of a county council.
This section applies to any provision of any subordinate legislation made under— before this section comes into force (the “subordinate legislation”).
Part 6 of LDEDCA 2009, or
Chapter 1 of Part 2 of LURA 2023,
The provision made by Part 1 or 2 of this Act (the “primary legislation”) does not impliedly amend, modify or revoke the subordinate legislation.
Accordingly—
the primary legislation does not affect any contrary subordinate legislation; and
the primary legislation has effect subject to the contrary subordinate legislation.
For that purpose “contrary subordinate legislation” means any of the subordinate legislation that—
makes provision which is to continue to apply instead of the primary legislation by virtue of subsection (2), or
makes modifications or other contrary provision to which the primary legislation is to continue to be subject by virtue of subsection (2).
For provision about the relationship between— see section 104CC of LDEDCA 2009 or section 24C of LURA 2023 (inserted by section 7 of this Act).
the powers under which the subordinate legislation is made, and
the primary legislation,
This section does not prevent the exercise of the power conferred by section 103 to make amendments, modifications or revocations of the subordinate legislation that are consequential on the primary legislation.
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.
The Secretary of State may by regulations make provision that is consequential on this Act.
Regulations under this section may amend or repeal provision made by an Act of Parliament passed before, or in the same Session as, this Act.
Regulations under this section which amend or repeal provision made by an Act of Parliament (whether or not they also contain other provision) are subject to affirmative resolution procedure.
Any other regulations under this section are subject to negative resolution procedure.
Section 117 of LDEDCA 2009 (orders and regulations) is amended in accordance with subsections (2) to (5).
In subsection (2) for “An order to which subsection (2A) applies” substitute “Subject to subsections (2A) and (3), an order under this Part”.
In subsection (2A)—
for “This subsection applies to an order under this Part other than—” substitute “Subsection (2) does not apply to—”;
before paragraph (a) insert— ;
in paragraph (b), omit the second “or”;
after paragraph (b) insert— .
at the end of paragraph (c) insert
In subsection (3A), after “107K(1)” insert “or Schedule 5AA”.
In subsection (5), for “(2A)(a) or (b)” substitute “(2A)(za) to (ba) or (2A)(d)”.
Section 252 of LURA 2023 (regulations) is amended in accordance with subsections (7) to (9).
In subsection (2)—
for “(8)(a)” substitute “(8)(aa)”;
before “, includes” insert “or (8)(l), or regulations under Schedule 1A”.
In subsection (5)(a)—
after “subsection” insert “(8)(ac) or”;
after “(c)” insert “or (8)(l)”.
In subsection (8), before paragraph (a) insert— .
Regulations under this Act are to be made by statutory instrument.
Any power to make regulations under this Act includes power to make—
different provision for different purposes;
incidental, supplementary or consequential provision;
transitional or saving provision.
Where this Act provides that regulations are “subject to affirmative resolution procedure”, a statutory instrument containing the regulations may not be made unless a draft of it has been laid before, and approved by, each House of Parliament.
Where this Act provides that regulations are “subject to negative resolution procedure”, a statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
Any provision that may be made by regulations under this Act that are subject to negative procedure may be made by regulations that are subject to affirmative procedure.
If a draft of a statutory instrument containing regulations under this Act would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
This section does not apply to regulations under section 108.
There is to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of the Act by the Secretary of State, and
any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.
This Act extends to England and Wales only.
That is subject to the following provisions of this section.
Any amendment or repeal has the same extent as the provision amended or repealed.
On the day on which this Act is passed—
this Part comes into force;
the provisions referred to in subsection (3) come into force;
any other provision of this Act comes into force (including provision modifying other legislation) so far as it confers power to make secondary legislation or is otherwise necessary for enabling the exercise of such a power on or after the day on which this Act is passed.
But none of the following provisions comes into force in accordance with subsection (1)(c)—
Chapter 6 of Part 3 (licensing of taxis and private hire vehicles);
The provisions that come into force in accordance with subsection (1)(b) are—
section 1 (strategic authorities);
section 2 (areas of competence);
section 5 (combined authorities and CCAs: functions generally);
section 7 (combined authorities and CCAs: powers not limited by other provision or powers);
section 14 (levies);
section 15 (combined authorities and CCAs: minor amendments);
section 18 (functions of mayors of combined authorities or CCAs);
section 19 (the “general functions” of mayors);
section 30 (constituent councils to act in accordance with local transport plans etc);
section 42 (Local Government Act 2003: expenditure grant);
section 45 (health improvement and health inequalities duty);
section 50 (sharing of information);
section 52 (encouragement of visitors and promotion of visitors).
The provisions of this Act come into force in accordance with subsection (5) or (6) (if, or to the extent that, they do not come into force in accordance with subsection (1)).
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
section 3 (single foundation strategic authorities);
section 8 (combined authorities and CCAs: designation as established mayoral strategic authorities);
section 10 (combined authorities and CCAs: allowances for members with special responsibilities);
section 13 (power to borrow);
section 16 (additional functions of the GLA);
section 17 (members of legislatures disqualified for being a mayor of strategic authority);
section 22 (power of mayors to convene meetings with local partners);
section 23 (duty of mayors to collaborate);
section 28 (restrictions on disposal of land by Transport for London);
section 46 (functions of police and crime commissioners);
section 49 (mayor with PCC and fire and rescue functions);
section 53 (requests by mayors of EMSAs for changes);
section 55 (health service functions: application of existing limitations on devolution);
section 56 (incidental etc provision);
section 57 (transfer of property, rights and liabilities);
section 58 (prohibition of secondary legislation removing functions);
section 60 (certain functions of shadow authorities for single tiers of local government);
section 64 (limit on delay of election in connection with local government reorganisation);
section 65 (publication of addresses of members etc in authority registers);
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 (5)).
Any reference in this Act to the coming into force of a provision is to its coming into force other than for the purpose of making secondary legislation.
A power under this section to appoint a day may be exercised to appoint different days for different purposes or areas.
The Secretary of State may, by regulations, make transitional or saving provision in connection with the coming into force of any provision of this Act.
The power to make regulations under this section includes power to make different provision for different purposes or areas.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the English Devolution and Community Empowerment Act 2026.
Establishment, expansion and functions of combined authorities and CCAs
Combined authorities
LDEDCA 2009 is amended as follows.
In section 104 (constitution and functions: transport)—
in subsection (10)—
in the opening words, for “section 107ZA(7)” substitute “subsections (10A), (11B) and (12)”;
in the opening words, for “a combined authority” substitute “an existing combined authority”;
in paragraph (b), omit “in the case of an order in relation to an existing combined authority,”;
after subsection (10) insert— ;
in subsection (11), for the opening words substitute “In this Part “constituent council”, in relation to a combined authority, means—”;
omit subsection (11A).
In section 104A (non-constituent members of a combined authority), omit subsection (7).
In section 105 (constitution and functions: local authority functions generally)—
in subsection (3A)—
in the opening words, for “a combined authority” substitute “an existing combined authority”;
in paragraph (a), omit “(as defined by section 104(11))”;
in paragraph (b), omit “in the case of an order in relation to an existing combined authority,”;
after subsection (3A) insert— ;
in subsection (3B), after “is” insert “also”.
In section 105B (section 105A orders: procedure)—
for subsection (1) substitute— ;
for subsection (2) substitute— ;
omit subsections (3) to (5);
omit subsection (12).
After section 105B insert—
After section 105C (inserted by paragraph 6 of this Schedule) insert—
In section 106 (changes to boundaries of a combined authority’s area), omit subsections (3A) to (3D).
In section 107 (dissolution of a combined authority’s area), omit subsections (2) and (3).
In section 107ZA (designation of key route network roads)—
omit subsections (7) and (8);
in subsection (9), omit the definitions of “constituent council” and “eligible power”.
For section 107B substitute—
In section 107D (functions of mayors: general)—
for subsection (9) substitute—
for subsection (10) substitute—
In section 107DA (procedure for direct conferral of general functions on mayor), omit subsection (5).
In section 107EB (section 107EA orders: procedure), in subsection (12), omit the definition of “constituent councils”.
In section 109A (proposal for new combined authority)—
in the heading, at the end insert “(locally led)”;
in subsection (4), for paragraph (a) substitute— ;
after subsection (4) insert— ;
omit subsection (7).
For section 110 substitute—
In section 112A (proposal for changes to existing combined arrangements)—
in the heading, at the end insert “(locally led)”;
in subsection (1)(a), for the words from “section 104” to “107F” substitute “any of the relevant sections”;
after subsection (1) insert— ;
in subsection (3), for paragraph (a), substitute— ;
after subsection (5) insert— ;
in subsection (6), after “(5)” insert “, (5A) or (5B)”;
after subsection (6) insert— ;
omit subsection (8);
for subsection (9) substitute—
After section 112A insert—
For section 113 substitute—
After section 113 (inserted by paragraph 19) insert—
In section 113D (general power of competence)—
in subsection (2), omit “(as defined by section 107B(5))”;
for subsection (3) substitute—
CCAs
LURA 2023 is amended as follows.
In section 10 (constitutional arrangements)—
in subsection (8)—
in the opening words, for “a CCA” substitute “an existing CCA”;
in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;
after subsection (8) insert— ;
omit subsection (9).
In section 16 (funding)—
in subsection (2)—
in the opening words, for “a CCA” substitute “an existing CCA”;
in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;
after subsection (2) insert—
In section 18 (local authority functions)—
in subsection (6)—
in the opening words, for “a CCA” substitute “an existing CCA”;
in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;
after subsection (6) insert—
for subsection (1) substitute—
omit subsection (2);
in subsection (4), for “appropriate consent to be given” substitute “appropriate authorities to consent”;
in subsection (8)(b), omit “in the case of regulations in relation to an existing CCA,”.
In section 21 (integrated transport authority and passenger transport executive)—
in subsection (5)—
in the opening words, for “a CCA” substitute “an existing CCA”;
in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;
after subsection (5) insert—
In section 22 (directions relating to highways and traffic functions)—
in subsection (11)—
for the opening words, substitute “Regulations under subsection (1) may be made in relation to an existing CCA only with the consent of—”;
in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;
after subsection (11) insert—
In section 24 (designation of key route network roads)—
omit subsections (7) and (8);
in subsection (9), omit the definition of “eligible power”.
After section 24C (inserted by section 7 of this Act) insert—
After section 24D (inserted by paragraph 31 of this Schedule) insert—
In section 25 (changes to boundaries of a CCA’s area), omit subsections (6) to (10).
In section 26 (dissolution of a CCA’s area), omit subsection (4).
For section 28 substitute—
In section 30 (functions of mayors: general)—
for subsection (11) substitute— ;
for subsection (12) substitute—
In section 45 (proposal for new CCA)—
in the heading, at the end insert “(locally led)”;
in subsection (4), for paragraph (a) substitute— ;
after subsection (4) insert— ;
omit subsection (7).
For section 46 substitute—
In section 47 (proposal for changes to existing arrangements relating to CCA)—
in the heading, at the end insert “(locally led)”;
in subsection (1)(a), for the words from “section 10” to “33” substitute “any of the relevant sections”;
after subsection (1) insert— ;
in subsection (3), for paragraph (a), substitute— ;
after subsection (5) insert— ;
in subsection (6), after “(5)” insert “,(5A) or (5B)”;
after subsection (6) insert— ;
omit subsection (7);
for subsection (8) substitute—
After section 47 insert—
For section 48 substitute—
After section 48 insert—
In section 52 (general power of competence)—
in subsection (2) omit “(as defined by section 28(4)”;
for subsection (3) substitute—
Decision-making and exercise of functions
The provisions of the Planning and Compulsory Purchase Act 2004 referred to in paragraphs 2 to 4 are inserted by section 58 of the Planning and Infrastructure Act 2025.
In section 12A of the Planning and Compulsory Purchase Act 2004 (spatial development strategy to be produced by strategic planning authorities), after subsection (3) insert—
Section 12L of the Planning and Compulsory Purchase Act 2004 (adoption of spatial development strategy) is amended in accordance with this paragraph.
In subsection (4), for “Subsection (5) applies” substitute “Subsections (4A) to (5) apply”.
For subsections (4) and (5) substitute—
After subsection (7) insert—
In section 12X of the Planning and Compulsory Purchase Act 2004 (interpretation), in subsection (1), after the definition of “national development management policy”, insert—
In section 13 of LGHA 1989 (voting rights of members of certain committees: England and Wales), before subsection (6) insert—
Section 101 of LGA 1972 (arrangements for discharge of functions by local authorities) is amended in accordance with this paragraph.
For subsection (1D) substitute—
For subsection (1F) substitute—
Commissioners
After Schedule 2 to LURA 2023 insert—
In section 252 of LURA 2023 (regulations), in subsection (8), after paragraph (k) insert—
After Schedule 5B to LDEDCA 2009 insert—
Mayoral CCAs: overview and scrutiny committees
New scrutiny regime for CCAs that are established mayoral strategic authorities
LURA 2023 is amended in accordance with this Part of this Schedule.
After Schedule 1 insert—
Amendments consequential on Part 1 of this Schedule
LURA 2023 is amended in accordance with this Part of this Schedule.
Section 15 is amended in accordance with this paragraph.
In subsection (1), after “CCAs” insert “that are not established mayoral strategic authorities”.
After subsection (1) insert—
In subsection (2), for “that Schedule” substitute “those Schedules”.
After subsection (2) insert—
In section 29(3)—
in paragraph (b), omit “or”;
in paragraph (c), at the end insert
Schedule 1 is amended in accordance with this paragraph.
In the heading, after “Authorities” insert “except EMSAs”.
Before paragraph 1 (and the italic heading preceding it) insert—
After paragraph 3 insert—
In Schedule 2, after paragraph 11 insert—
In Schedule 2A (inserted by Schedule 3 to this Act), in paragraph 9—
in paragraph (d), omit “or”;
after paragraph (d) insert
Extension of new scrutiny regime to all mayoral CCAs
LURA 2023 is amended in accordance with this Part of this Schedule.
Section 15 (as amended by paragraph 4 of this Schedule) is amended in accordance with this paragraph.
In subsection (1), for “CCAs that are not established mayoral strategic authorities” substitute “non-mayoral CCAs”.
In subsection (1A), for “CCAs that are established mayoral strategic authorities” substitute “mayoral CCAs”.
Omit subsection (3).
Schedule 1 (as amended by paragraph 6 of this Schedule) is amended in accordance with this paragraph.
In the heading, for “Combined County Authorities except EMSAs” substitute “Non-mayoral Combined County Authorities”.
For paragraph A1 substitute—
In paragraph 1 (functions of overview and scrutiny committees)—
omit sub-paragraph (3);
in sub-paragraph (4), omit “and (3)(a)”.
In paragraph 2 (overview and scrutiny committees: supplementary provision)—
in sub-paragraph (3), omit “(including, in the case of a mayoral CCA, the mayor for the CCA's area or deputy mayor)”;
in sub-paragraph (6)(a), omit “(including, in the case of a mayoral CCA, the mayor for the CCA's area and deputy mayor)”.
In paragraph 3 (power to make further provision about overview and scrutiny committees), for sub-paragraph (5) substitute—
Schedule 1A (as inserted by paragraph 2 of this Schedule) is amended in accordance with this paragraph.
In the heading, for “CCAs that are established mayoral strategic authorities” substitute “Mayoral CCAs”.
For paragraph A1 substitute—
Mayoral combined authorities: overview and scrutiny committees
New scrutiny regime for combined authorities that are established mayoral strategic authorities
LDEDCA 2009 is amended in accordance with this Part of this Schedule.
After Schedule 5A insert—
Amendments consequential on Part 1 of this Schedule
LDEDCA 2009 is amended in accordance with this Part of this Schedule.
Section 104 is amended in accordance with this paragraph.
In subsection (9), after “combined authorities” insert “that are not established mayoral strategic authorities”.
After subsection (9) insert—
After subsection (9A) insert—
In section 107C(3), after paragraph (c) insert—
Schedule 5A is amended in accordance with this paragraph.
In the heading, after “Authorities” insert “except EMSAs”.
Before paragraph 1 (and the italic heading preceding it) insert—
After paragraph 3 insert—
In Schedule 5B, after paragraph 11 insert—
In Schedule 5BA (inserted by Schedule 3 to this Act), in paragraph 9—
in paragraph (d), omit “or”;
after paragraph (d) insert
Extension of new scrutiny regime to all mayoral combined authorities
LDEDCA 2009 is amended in accordance with this Part of this Schedule.
Section 104 (as amended by paragraph 4 of this Schedule) is amended in accordance with this paragraph.
In subsection (9), for “combined authorities that are not established mayoral strategic authorities” substitute “non-mayoral combined authorities”.
In subsection (9A), for “combined authorities that are established mayoral strategic authorities” substitute “mayoral combined authorities”.
Omit subsection (9B).
Schedule 5A (as amended by paragraph 6 of this Schedule) is amended in accordance with this paragraph.
In the heading, for “Combined Authorities except EMSAs” substitute “Non-mayoral Combined Authorities”.
For paragraph A1 substitute—
In paragraph 1 (functions of overview and scrutiny committees)—
omit sub-paragraph (3);
in sub-paragraph (4), omit “and (3)(a)”.
In paragraph 2 (overview and scrutiny committees: supplementary provision)—
in sub-paragraph (3), omit “(including, in the case of a mayoral combined authority, the mayor for the combined authority's area or deputy mayor)”;
in sub-paragraph (6)(a), omit “(including, in the case of a mayoral combined authority, the mayor for the combined authority's area and deputy mayor)”.
In paragraph 3 (power to make further provision about overview and scrutiny committees), for sub-paragraph (5) substitute—
Schedule 5AA (as inserted by paragraph 2 of this Schedule) is amended in accordance with this paragraph.
In the heading, for “combined authorities that are established mayoral strategic authorities” substitute “Mayoral combined authorities”.
For paragraph A1 substitute—
Extension of general power of competence to strategic authorities
The Localism Act 2011 is amended in accordance with paragraphs 2 to 7 of this Schedule.
Section 1 (local authority’s general power of competence) is amended in accordance with this paragraph.
For the heading substitute “General power of competence”.
In subsection (1), after “local authority” insert “, combined authority, CCA”.
After subsection (1) insert—
Section 2 (boundaries of the general power) is amended as follows.
After subsection (2) insert— .
In subsection (4), in the words before the definitions, after “section” insert “, in relation to a local authority”.
After subsection (4) insert—
In section 3 (limits on charging in exercise of general power), in subsection (1)(a), after “local authority” insert “, combined authority, CCA”.
Section 4 (limits on doing things for commercial purpose in exercise of general power) is amended in accordance with this paragraph.
In subsections (1), (2) and (3), after “local authority” insert “, combined authority, CCA”.
Section 5 (powers to make supplemental provision) is amended in accordance with this paragraph.
In subsections (1), (3), (4), (5)(a) and (b), and (7)(a) after “local authorities” insert “, combined authorities, CCAs”.
In subsection (5)(c), after “local authority” insert “, combined authority, CCA”.
Section 8 (interpretation) is amended in accordance with this paragraph.
Before the definition of “the general power” insert— .
After the definition of “local authority” insert— .
In LDEDCA 2009—
in section 113A (general power of combined authority), omit subsection (4);
omit section 113D (general power of competence).
In LURA 2023—
in section 49 (general power of CCA), omit subsection (4);
omit section 52 (general power of competence).
Providers of micromobility vehicles
The Road Traffic Regulation Act 1984 is amended in accordance with this paragraph.
After Part 2 insert—
Before Schedule 4 insert—
In section 134 (provisions as to regulations), after subsection (5) insert—
The Road Traffic Offenders Act 1988 is amended in accordance with this paragraph.
In section 91 (penalty for breach of regulations), in paragraph (b), after “section” insert “22I,”.
In Schedule 2 (prosecution and punishment of offences), in the table in Part 1, after the entry for “RTRA section 20(5)” insert— .
In that table, after the entry for “RTRA section 22E” (inserted by sub-paragraph (3)), insert— .
Arrangements to carry out works on highways
Section 6 of the Highways Act 1980 (delegation etc of functions with respect to trunk roads) is amended in accordance with this paragraph.
In subsection (1)—
after “may by agreement with” insert “a combined authority, a combined county authority,”;
after “delegate to that” insert “authority or”.
After subsection (1) insert—
In subsection (2)—
in the words before paragraph (a), for “A council” substitute “An authority or council”;
in paragraphs (a) and (b), for “the council” substitute “the authority or council”.
In subsection (3), for “the council” substitute “the authority or council”.
In subsection (4)—
for “a council” substitute “an authority or council”;
for “the council” (in both places) substitute “the authority or council”.
In subsection (5)—
in the words before paragraph (a), after “agreement with” insert “a combined authority, a combined county authority,”;
in paragraph (b), for “the council” substitute “the authority or council”;
in the words after paragraph (b)—
for “a council” substitute “an authority or council”;
for “such council” substitute “such authority or council”.
After subsection (5) insert—
After subsection (6) insert—
In subsection (6A), in the words before paragraph (a), after “subsection (6)” insert “or (6ZA)”.
In subsection (7), for “a council” substitute “an authority or council”.
After subsection (8) insert—
Section 8 of the Highways Act 1980 (agreements between local highway authorities and strategic highways companies for doing of certain works) is amended in accordance with this paragraph.
In subsection (1), after “local highways authorities” insert “, combined authorities, combined county authorities”.
After subsection (1) insert—
In subsection (2), after “parties to the agreement” insert “, or a relevant constituent council,”.
In subsection (3)—
after “another highway authority” insert “or a combined authority or combined county authority”;
for “other highway authority” substitute “other authority”.
After subsection (4) insert—
After subsection (5) insert—
Charges payable by undertakers executing works in maintainable highways
The New Roads and Street Works Act 1991 is amended in accordance with this Schedule.
In section 74A (charge determined by reference to duration of works), in subsection (2), for the words from “unless” to the end substitute “unless it has been approved for the purposes of the regulations by an order made by the appropriate person (see section 74B(2) to (6)).”
In section 74B (regulations under section 74 and 74A)—
for the heading substitute “Regulations under section 74 and regulations and orders under section 74B”;
the existing text of the section becomes subsection (1);
after that subsection insert—
In the heading of Part 3, after “street works” insert “etc”.
In section 74A (charge determined by reference to duration of works), in subsection (1), for “requiring an undertaker executing street works in a maintainable highway to pay” substitute .
Civil enforcement of traffic contraventions
Paragraph 9 of Schedule 8 to the Traffic Management Act 2004 (civil enforcement areas and enforcement authorities outside Greater London: bus lane contraventions) is amended in accordance with this paragraph.
In sub-paragraph (4), for “are to the local authority in whose area the contravention is committed” substitute
After sub-paragraph (4) insert—
Paragraph 10 of Schedule 8 to the Traffic Management Act 2004 (civil enforcement areas and enforcement authorities outside Greater London: moving traffic contraventions) is amended in accordance with this paragraph.
For sub-paragraph (5) substitute—
Key route network roads
Designation and directions
Section 24 of LURA 2023 (designation of key route network roads) is amended in accordance with this paragraph.
For subsection (1) substitute—
In subsection (2), for paragraphs (a) to (c) substitute—
For subsection (5) substitute—
Section 107ZA of LDEDCA 2009 (designation of key route network roads) is amended in accordance with this paragraph.
For subsection (1) substitute—
In subsection (2), for paragraphs (a) to (c) substitute—
For subsection (5) substitute—
Section 22 of LURA 2023 (directions relating to highways and traffic functions) is amended in accordance with this paragraph.
For the heading substitute “Highways and traffic functions: regulations conferring power to give directions”.
For subsection (1) substitute—
For subsection (6) substitute—
After subsection (9) insert—
In subsection (11), omit “Except as provided for by section 24(7),”.
After section 23 insert—
Section 104 of LDEDCA 2009 (constitution and functions: transport) is amended in accordance with this paragraph.
After subsection (3) insert—
In subsection (10), omit “Except as provided for by section 107ZA(7),”.
In section 107ZA LDEDCA 2009—
omit subsections (7) and (8);
in subsection (9), omit the definition of “eligible power”.
In section 107D(9), omit “Except as provided for by section 107ZA(7),”.
In section 24 LURA 2023—
omit subsections (7) and (8);
in subsection (9), omit the definition of “eligible power”.
In section 30(11), omit “Except as provided for by section 24(7),”.
Transfer of duty of principal councils to make reports on Key Route Network roads
The Road Traffic Reduction Act 1997 is amended in accordance with this Part of this Schedule.
After section 2 insert—
In section 1 (interpretation)—
before the definition of “local implementation plan” insert—;
after the definition of “London council” insert—.
In section 2 (duty of principal councils to make reports), after subsection (4) insert—
Local transport authorities and other transport functions
The Transport Act 2000 is amended in accordance with paragraphs 2 to 15.
In section 108 (local transport plans)—
in subsection (4)(cb), omit “established under section 9(1) of the Levelling-up and Regeneration Act 2023”;
after subsection (4) insert—
In section 109 (further provision about plans: England), after subsection (4) insert—
After section 109 insert—
In section 112 (plans and strategies: supplementary), after subsection (2) insert—
In section 113F (advanced quality partnership schemes: traffic regulation orders)—
in subsection (1)(b), for “metropolitan district council” substitute “local highway authority”;
in subsection (3)—
in the opening words, for “metropolitan district council” substitute “local highway authority”;
in paragraph (a), for “metropolitan district council” substitute “local highway authority”.
In section 113M (variation: supplementary), in subsection (7)(a), for “metropolitan district council” substitute “local highway authority”.
In section 113O (guidance about schemes), in subsection (1), for “metropolitan district councils” substitute “local highway authorities”.
In section 114 (quality partnership schemes), in subsection (7)(b), for “metropolitan district council for the district” substitute “local highway authority for the local authority area”.
In section 121 (variation: supplementary), in subsection (7)(a), for “metropolitan district council” substitute “local highway authority”.
In section 123 (guidance about schemes), in subsection (1), for “metropolitan district councils” substitute “local highway authorities”.
In section 138B (further parties to a scheme)—
in subsection (2)(b), for “metropolitan district council for the district” substitute “local highway authority for the local authority area”;
in subsection (5), for “metropolitan district council” substitute “local highway authority”.
In section 138N (variation: supplementary), in subsection (7)(a), for “metropolitan district council” substitute “local highway authority”.
In section 146 (mandatory concessions: supplementary)—
the existing text becomes subsection (1);
in that subsection, in the definition of “travel concession authority”, after paragraph (c) insert—;
after that subsection insert—
In section 162 (interpretation of Part 2), in subsection (1), in the appropriate places insert the following definitions—;;.
The Transport Act 1985 is amended in accordance with paragraphs 17 to 21.
In section 63 (functions of local councils with respect to passenger transport in areas other than integrated transport areas and passenger transport areas)—
in subsection (4), for “non-metropolitan district council in England” substitute “district council in England or a relevant county council”;
after subsection (8) insert—;
after subsection (9) insert—
In section 65 (co-operation between certain councils and London regional transport), after subsection (3) insert—
In section 88 (expenditure on public passenger transport services), in subsection (8)—
omit the “and” at the end of paragraph (b),
after that paragraph insert—.
In section 93 (travel concession schemes), after subsection (8) insert—
In section 105 (travel concessions on services provided by local authorities)—
in subsection (1), after “Scotland” insert “, or a combined authority or a combined county authority,”;
in subsection (2), after “such council” insert “or authority”;
in subsection (3), after “council” insert “or authority”;
after subsection (3) insert—
Education
Adult education
The Apprenticeships, Skills, Children and Learning Act 2009 is amended in accordance with this Part of this Schedule.
Section 86 (education and training for persons aged 19 or over and others subject to adult detention) is amended in accordance with this paragraph.
After subsection (1) insert—
In subsection (6), after the definition of “education” insert—
In subsection (7), after “subsection (1)(a) or (b)” insert “or (1A)(a)”.
Section 87 (learning aims for persons aged 19 or over: provision of facilities) is amended in accordance with this paragraph.
After subsection (1) insert—
In subsection (3)(b), for “Secretary of State” substitute “person, authority or council exercising the function under subsection (1) or (1A)”.
In subsection (6), after the definition of “education” insert—
Section 88 (learning aims for persons aged 19 or over: payment of tuition fees) is amended in accordance with this paragraph.
In subsection (1), for “Secretary of State” substitute “relevant authority”.
In subsection (2)(b), for “Secretary of State” substitute “person, authority or council exercising the function under this Part”.
In subsections (2A) and (3), for “Secretary of State” substitute “relevant authority”.
In subsection (4)(b), for “Secretary of State” substitute “relevant authority securing the provision of the facilities under section 86”.
In subsection (6)(a), for “Secretary of State” substitute “relevant authority”.
After subsection (7) insert—
Section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention) is amended in accordance with this paragraph.
After subsection (1) insert—
In subsection (2), after “subsection (1)(b)” insert “or (1A)(b)”.
Section 100 (provision of financial resources) is amended in accordance with this paragraph.
In subsection (1)—
in the words before paragraph (a), for “The Secretary of State” substitute “A relevant authority”;
in paragraph (a), for “the Secretary of State's remit” substitute “the relevant authority’s remit”.
In subsection (1AA) omit the words after “combined authority”.
In subsection (1AB), for the words from “combined county authority” to the end substitute “CCA”.
In subsection (1B), for “The Secretary of State” substitute “A relevant authority”.
After subsection (1B) insert—
In subsection (3)—
in the words before paragraph (a), for “The Secretary of State” substitute “A relevant authority”;
in paragraph (c), for “the Secretary of State” substitute “the relevant authority”.
In subsection (4), for “The Secretary of State” substitute “A relevant authority”.
In subsection (5)—
omit the definitions of “combined authority” and “combined county authority”;
after the definition of “English statutory apprenticeship” insert—
Section 101 (financial resources: conditions) is amended in accordance with this paragraph.
In subsection (1), for “the Secretary of State” substitute “a relevant authority”.
In the following provisions, for “the Secretary of State” substitute “the relevant authority”—
subsection (3)(a) (in both places);
subsection (3)(b) (in both places);
subsection (6)(a) (in both places);
subsection (6)(b).
In section 103 (means tests), after subsection (1) insert—
After section 114 insert—
In section 115 (persons with special educational needs), for subsections (1) and (2) substitute—
After section 120A insert—
Section 121 (interpretation) is amended in accordance with this paragraph.
In subsection (1), at the appropriate place insert— .
After subsection (3) insert—
Section 122 (sharing of information for education and training purposes) is amended in accordance with this paragraph.
In subsection (3)—
after paragraph (fd) insert— .
In subsection (5), for paragraphs (d) and (e) substitute— .
Education for 16-19 year olds etc
The Education Act 1996 is amended in accordance with this Part of this Schedule.
Section 15ZA (duty in respect of education and training for persons over compulsory school age: England) is amended in accordance with this paragraph.
In subsection (1), for “local authority in England” substitute “relevant authority”.
In the following provisions, for “local authority” substitute “relevant authority”—
subsection (2);
subsection (3), in the words before paragraph (a);
in subsection (4), in the words before paragraph (a);
in subsection (5), in the words before paragraph (a);
in subsection (9).
In section 15ZB (co-operation in performance of section 15ZA duty), for “Local authorities in England” substitute “Relevant authorities”.
In section 15ZC (encouragement of education and training for persons over compulsory school age: England), in subsection (1), in the words before paragraph (a), for “local authority in England” substitute “relevant authority”.
In section 579 (general interpretation), in subsection (1), after the definition of “regulations” insert—
Planning applications of potential strategic importance
The Town and Country Planning Act 1990 is amended as follows.
In section 2A (the Mayor of London: applications of potential strategic importance)—
in the heading, after “London” insert “, mayors of combined authorities and mayors of combined county authorities”;
in subsection (1), in the closing words, for “Mayor of London” substitute “relevant mayor”;
omit subsection (1A);
in subsection (1B)—
in the opening words, for “Mayor of London” substitute “relevant mayor”;
in paragraph (b), for “Mayor of London” substitute “relevant mayor”;
in subsection (2) for “Mayor” substitute “relevant mayor”;
in subsection (3)(a)—
the words from “in Greater” to the end of that paragraph become sub-paragraph (i);
after that sub-paragraph insert— ;
in subsection (5), for “Mayor of London” substitute “relevant mayor”;
after subsection (5) insert— ;
in subsection (6), for “the spatial development strategy” substitute “a spatial development strategy”.
In section 2B (section 2A: supplementary provision)—
in subsection (1), for “Mayor of London” substitute “relevant mayor”;
in subsection (2), for “Mayor of London’s” substitute “relevant mayor’s”;
in subsection (3), for “Mayor of London” substitute “relevant mayor”;
in subsection (4), for “Mayor of London” substitute “relevant mayor”;
in subsection (5), for “Mayor of London” substitute “relevant mayor”;
in subsection (6), omit paragraph (b).
In section 2C (matters reserved for subsequent approval)—
in subsection (1), for “Mayor of London” substitute “relevant mayor”;
in subsection (3), for “Mayor of London” substitute “relevant mayor”.
In section 2D (further provision about orders under section 2A)—
in subsection (2), for “Mayor of London” substitute “relevant mayor”;
in subsection (3), for “Mayor of London” substitute “relevant mayor”.
In section 2E (section 2A and planning obligations under section 106)—
in subsection (1), for “Mayor of London” substitute “relevant mayor”;
in subsection (2), for “Mayor of London” substitute “relevant mayor”;
in subsection (4), for “Mayor of London” substitute “relevant mayor”;
in subsection (5), in paragraph (a), for “Mayor of London” substitute “relevant mayor”.
In section 2F (representation hearings)—
for the heading substitute “Oral and written representations”;
after subsection (1) insert— ;
in subsection (2)—
for the opening words, substitute “Before determining any other application to which this section applies, the relevant mayor must give”;
in the closing words, for “hearing (“a representation hearing”)” substitute “a representation hearing”;
after subsection (2) insert— ;
in subsection (3), for “Mayor of London” substitute “relevant mayor”;
after subsection (4) insert— ;
in subsection (5), in paragraph (b), for “Mayor of London” substitute “relevant mayor”.
Development orders
The Town and Country Planning Act 1990 is amended as follows.
In section 61DA (mayoral development orders)—
in subsection (1), for “The Mayor of London” substitute “A relevant mayor”;
after subsection (1) insert— ;
In subsection (2), for paragraphs (a) and (b) substitute—
In section 61DB (permission granted by mayoral development order)—
in subsection (3) for “Mayor of London” substitute “the mayor who made the order”;
omit subsections (6) and (7);
in subsection (8)—
in paragraph (a), for “the Mayor of London” substitute “a relevant mayor”;
in the closing words, for “Mayor” substitute “relevant mayor”;
in subsection (9)—
the words from “a site” to the end become paragraph (a);
after that paragraph insert—
In section 61DC (preparation and making of mayoral development order)—
omit subsection (3);
omit subsection (4);
omit subsection (5);
in subsection (6)—
for “the Mayor of London” substitute “a relevant mayor”;
for “Mayor”, in the second place it occurs, substitute “mayor”.
In section 61DD (revision or revocation of mayoral development order)—
in subsection (1)—
for “The Mayor of London” substitute “A relevant mayor”;
omit “with the approval of each relevant local planning authority”;
in subsection (2)—
for “The Mayor of London” substitute “A relevant mayor”;
for “Mayor”, in the second place it occurs, substitute “relevant mayor”;
leave out from “(and” to “circumstances)”.
In section 61DE (effect of revision or revocation on incomplete development)—
in subsection (4)—
for “the Mayor of London” substitute “a relevant mayor”;
for “Mayor”, in the second place it occurs, substitute “mayor”;
in subsection (5), for “the Mayor of London” substitute “the relevant mayor”.
In section 74 (directions etc as to method of dealing with applications)—
in subsection (1B)—
after paragraph (a) insert— ;
in paragraph (b), for “such direction” substitute “direction under paragraph (a) or (aa)”;
in paragraph (c), after “(a)(ii)” insert “or (aa)(ii)”;
in subsection (1BA), in paragraph (b), for “or the Mayor of London” substitute “, the Mayor of London or the mayor of a relevant authority”;
in subsection (1BB), for “the spatial development strategy” substitute “a spatial development strategy”;
after subsection (1C) insert—
after subsection (2) insert—
In section 336 (interpretation)—
in the appropriate place, insert each of the following definitions— ; ; ; ;
for the definition of “spatial development strategy” substitute .
Amendments relating to changes to mayoral planning powers
In section 1 of the Planning (Hazardous Substances) Act 1990—
the existing words become subsection (1);
in that subsection, for the words from “But” to the end, substitute “But in the case of a London Borough, or where the land is situated in the area of a mayoral combined authority or a mayoral combined county authority, see also section 2B(5) of the principal Act (relevant mayor to be the hazardous substances authority in certain circumstances);
after subsection (1) insert—
The Town and Country Planning Act 1990 is amended as follows.
In section 58B (duty of regard to certain heritage assets in granting permission), as inserted by section 102(1) of the Levelling-Up and Regeneration Act 2023, in subsection (4), after “London” insert “or the mayor of a mayoral combined authority or mayoral combined county authority”.
In section 70 (determination of applications: general considerations), in subsection (4), in the definition of “relevant authority”, after paragraph (b) insert—.
In section 106 (planning obligations)—
in subsection (1)(d), after “Authority” insert “or, as the case may be, the mayoral combined authority or mayoral combined county authority”;
in subsection (9)(d), after “London” insert “or, as the case may be, the mayor of a specified mayoral combined authority or specified mayoral combined county authority”;
in subsection (10), after “London” insert “or, as the case may be, the mayor of a specified mayoral combined authority or specified mayoral combined county authority”;
in subsection (12)(b), for “or the Mayor of London” substitute “, the Mayor of London or the mayor of a combined authority or combined county authority”.
In section 106A (modification and discharge of planning obligations)—
in subsection (11)(a), after “London” insert “or the mayor of a combined authority or combined county authority”;
in subsection (12), after “London” insert “or the mayor of a combined authority or combined county authority”.
In section 106B (appeals in relation to applications under section 106A), in subsection (8)—
after “London”, in the first place it occurs, insert “or the mayor of a combined authority or combined county authority”;
after “London, in the second place it occurs, insert “or, as the case may be, the mayor of the combined authority or combined county authority”.
in paragraph (a), after “London” insert “or the mayor of the combined authority or combined county authority who made the order”;
in paragraph (b)—
after “London”, in the first place it occurs, insert “or a mayor of a combined authority or combined county authority”;
after “London”, in the second place it occurs, insert “or, as the case may be, the mayor of the combined authority or combined county authority”.
In section 303 (fees for planning applications etc)—
in subsection (1ZA)(a), after “London” insert “or the mayor of a combined authority or combined county authority”;
in subsection (10A), as inserted by paragraph 19(3) of Schedule 4 to the Infrastructure Act 2015—
after “London”, in the first place it occurs, insert “, the mayor of a combined authority or combined county authority,”;
after “Mayor of London”, in the second place it occurs, insert “, the mayor,”.
In section 305 (contributions by Ministers towards compensation paid by local authorities), in subsection (1)(a) as amended by paragraph 20 of Schedule 4 to the Infrastructure Act 2015, after “London” insert “, the mayor of a combined authority or combined county authority”.
In section 322B (local inquiries in London: special provision as to costs in certain cases)—
in the heading, omit “in London”;
in subsection (1)(a), for “London borough” substitute “relevant area”;
in subsection (1)(b), for “Mayor of London” substitute “relevant mayor”;
in subsection (5), in the substituted subsection—
in paragraph (a), for “Mayor of London” substitute “relevant mayor”;
in paragraph (a), for “Mayor”, the second time it occurs, substitute “relevant mayor”;
in paragraph (b), for “Mayor” substitute “relevant mayor”;
in the closing words, for each reference to “Mayor” substitute “relevant mayor”;
in subsection (6), in paragraph (a) of the substituted subsection—
for “Mayor of London” substitute “relevant mayor”;
for “Mayor”, the second time it occurs, substitute “relevant mayor”;
After subsection (6) insert—
In section 324 (rights of entry)—
in subsection (1B), as inserted by paragraph 21 of Schedule 4 to the Infrastructure Act 2015—
in the opening words, for “Mayor of London” substitute “relevant mayor”;
in paragraph (a), for “Mayor of London” substitute “relevant mayor”;
in paragraph (a), for “for the Mayor” substitute “the mayor”;
in paragraph (b) for “Mayor of London” substitute “the relevant mayor”;
after subsection (1B), as inserted by paragraph 21 of Schedule 4 to the Infrastructure Act 2015, insert—
Schedule 7A (biodiversity gain in England) is amended as follows.
In paragraph 12D—
in sub-paragraph (1), after “London” insert “or the mayor of a mayoral combined authority or mayoral combined county authority”;
in sub-paragraph (2)(a), after “London” insert “or the mayor of the mayoral combined authority or mayoral combined county authority”;
in sub-paragraph (2)(b), after “London” insert “or, as the case may be, the mayor of the mayoral combined authority or mayoral combined county authority”.
In paragraph 12E—
in sub-paragraph (1)(a), after “London” insert “or the mayor of a mayoral combined authority or mayoral combined county authority”;
in sub-paragraph (2)(a), after “London” insert “or, as the case may be, the mayor of the mayoral combined authority or mayoral combined county authority”.
in paragraph 12F—
in sub-paragraph (1)(a), after “London” insert “or the mayor of a mayoral combined authority or mayoral combined county authority”;
in sub-paragraph (2)(a), after “London” insert “or, as the case may be, the mayor of the mayoral combined authority or mayoral combined county authority”.
In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty to grant planning permission etc)—
in subsection (6)(b)(ii), for “or the Mayor of London” substitute “, the Mayor of London or the mayor of a mayoral combined authority or mayoral combined county authority”;
after subsection (9) insert—
In section 162 of the Housing and Planning Act 2016 (regulations under section 161: general)—
in subsection (5), after “London” insert “, a mayor of a mayoral combined authorities or a mayoral combined county authority”;
after subsection (5) insert—
In section 91 (interpretation of chapter), in the definition of “relevant planning authority”, after paragraph (e) insert—.
Community infrastructure levy
The Planning Act 2008 is amended as follows.
In section 206 (the charge), before its amendment by section 139 of LURA 2023—
in subsection (3), before paragraph (a) insert— ;
after subsection (3) insert— ;
in subsection (4), after “case” insert “of the area of a combined authority, the area of a combined county authority or”;
after subsection (6) insert—
In section 213 (charging schedule: approval)—
in subsection (2), after “London” insert “or a relevant mayor”;
in subsection (3), after “London” insert “or a relevant mayor”;
after subsection (3) insert— ;
in subsection (5), after the definition of “examiner” insert—
In section 214 (charging schedule: effect)—
in subsection (5), after “London” insert “or a relevant mayor”;
in subsection (6), after “London” insert “or a relevant mayor”;
after subsection (6) insert—
Acquisition and development of land
Functions of the Homes and Communities Agency (known as Homes England)
The Housing and Regeneration Act 2008 is amended in accordance with this Part of this Schedule.
In Chapter 2 of Part 1, before the italic cross-heading before section 5, insert—
In the following provisions, after “HCA” insert “or a strategic authority outside London”—
section 8 (powers to deal with land etc).
In section 9—
in subsection (1), after “HCA” insert “or a strategic authority outside London”;
in subsection (2), after “HCA” insert “or a strategic authority outside London”;
after subsection (5) insert—;
in subsection (6), after “HCA” insert “or a strategic authority”.
After section 9 insert—
In section 10, in subsections (1), (3) and (4), after “HCA” insert “or a strategic authority outside London”.
In section 11, omit “by the HCA”.
Section 19 is amended in accordance with this paragraph.
In subsections (1), (1A) and (4), after “HCA” insert “or a strategic authority outside London”.
After subsection (5) insert—
In section 57, in subsection (1)—
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—
Schedule 2 is amended in accordance with this paragraph.
In paragraphs 1(2) and 2(2) (application of Acquisition of Land Act 1981), after “HCA” insert “and a strategic authority outside London (whether the power of compulsory acquisition is being exercised by the strategic authority or a mayor for its area)”.
In paragraph 3 (extinguishment of private rights of way etc)—
in sub-paragraph (1), after “HCA” insert “, a strategic authority outside London, or the mayor for the area of a strategic authority outside London”;
in sub-paragraph (2)(c), after “HCA” insert “or in the strategic authority outside London (whether the power of compulsory acquisition is being exercised by the strategic authority or a mayor for its area)”.
In paragraphs 4 and 5(a), after “HCA” insert “, strategic authority outside London, or mayor”.
In paragraph 7, in sub-paragraph (1), after “HCA” insert “(where it completes the compulsory acquisition) or the strategic authority outside London (where it, or the mayor for its area, completes the compulsory acquisition).”
In paragraph 17 (acquisition by agreement), in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”.
Schedule 3 is amended in accordance with this paragraph.
In the heading, omit “by the HCA”.
In paragraph 3 (powers of Secretary of State to extinguish public rights of way by order), after “HCA” insert “or a strategic authority outside London”.
In paragraph 7 (duty to give opportunity to appear), in sub-paragraph (3)(a), after “HCA” insert “or strategic authority outside London”.
In paragraphs 12(2), 13(1), 14(1) and 15(a) (orders relating to electronic communications apparatus: removal or abandonment of apparatus), after “HCA” insert “or strategic authority outside London”.
In paragraph 19 (burial grounds)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
In paragraph 20 (consecrated land other than burial grounds)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
In paragraph 21 (other land connected to religious worship), in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”.
Schedule 4 is amended in accordance with this paragraph.
In paragraph 1 (notice for extinguishment of rights of undertakers or for removal of their apparatus)—
in sub-paragraph (1)(a) and (b), after “HCA” insert “or a strategic authority outside London”;
in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
In paragraph 2 (counter-notices)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
In paragraph 3 (effect of unopposed notice), in sub-paragraph (3), after “HCA” insert “or strategic authority outside London”.
In paragraph 4 (opposed notices and Ministerial orders), in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
In paragraph 5 (opposed notices and Ministerial orders), in sub-paragraph (2)(b)(ii), after “HCA” insert “or strategic authority outside London”.
In paragraph 6 (opposed notices and Ministerial orders), in sub-paragraph (3), after “HCA” insert “or strategic authority outside London”.
In paragraph 7 (compensation), in sub-paragraph (1)—
in the words before paragraph (a), after “HCA” insert “or strategic authority outside London”;
in the words after paragraph (b), after “by virtue of” insert “a notice served by that agency or authority under”.
In paragraph 9 (notices by undertakers to carry out works)—
in sub-paragraph (1)(a), after “HCA” insert “or a strategic authority outside London”;
in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
In paragraph 10 (counter-notices)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
in sub-paragraphs (2) and (3), after “HCA” insert “or strategic authority outside London”;
in sub-paragraph (4), for “HCA’s objection” substitute “objection by the HCA or strategic authority outside London”.
In paragraph 13 (power to arrange for works to be done by the HCA)—
in the heading, omit “by the HCA”;
in sub-paragraph (2), for “arrange with the HCA for the works to be carried out by the HCA” substitute “arrange with the HCA or strategic authority outside London for the works to be carried out that agency or authority”.
In paragraph 14 (compensation), in sub-paragraph (1)—
after “HCA” insert “or strategic authority outside London”;
after “by virtue of” insert “a notice served on that agency or authority under”.
In paragraph 16 (ministerial order following representations by statutory undertakers)—
in sub-paragraph (4)(a), after “HCA” insert “or a strategic authority outside London”;
in sub-paragraph (5), after “HCA” insert “or a strategic authority outside London”.
In paragraph 17 (ministerial order following representations by the HCA)—
in the heading, after “HCA” insert “or a strategic authority outside London”;
in sub-paragraph (2), after “HCA” insert “or a strategic authority outside London”.
In paragraph 18 (examples of contents of orders), in sub-paragraph (2)(a), after “HCA” insert “or a strategic authority outside London”.
In paragraph 20 (notification of proposal to make order)—
in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
in sub-paragraph (3), after “HCA” insert “or strategic authority outside London”.
In paragraph 23 (duty to give opportunity to appear), in sub-paragraph (2)(a), after “HCA” insert “or strategic authority outside London”.
In paragraph 28 (orders to relieve obligations), in sub-paragraph (4)(a), after “HCA” insert “or a strategic authority outside London”.
Functions of local authorities
The Town and Country Planning Act 1990 is amended in accordance with this Part of this Schedule.
Section 226 is amended in accordance with this paragraph.
In subsections (1) and (1A), after “local authority” insert “or strategic authority”.
After subsection (1B) insert—.
In subsections (3) and (4) (in both places), after “local authority” insert “or strategic authority”.
In subsection (5)—
after the first “local authority” insert “or strategic authority”;
after “Act” insert “or strategic authority to whom this section applies”.
In subsection (6)—
in paragraph (bb), omit “and”;
after paragraph (c) insert—
After subsection (8) insert—
After section 226 insert—
In section 227—
after “London borough” insert “or any combined authority or CCA”;
after “local authority” insert “or combined authority or CCA”.
Section 229 is amended in accordance with this paragraph.
In subsection (1), after “local authority” insert “or non-mayoral combined authority or non-mayoral CCA”.
In subsection (5), in the words before paragraph (a), after “local authority” insert “or non-mayoral combined authority or non-mayoral CCA”.
In section 230, after subsection (1) insert—
Section 231 is amended in accordance with this paragraph.
In subsection (1)—
after “borough” insert “, or a combined authority or CCA,”;
after the second “council” insert “or combined authority or CCA”.
In subsection (2), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
In section 232, in subsections (1), (2) and (4), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
Section 233 is amended in accordance with this paragraph.
In the heading, after “local” insert “or strategic”.
In subsections (1) and (2), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
In subsection (3A)—
in paragraph (b), omit “and”;
after paragraph (b) insert—.
In subsections (4) and (5), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
In subsection (9), after “England” insert “or by a non-mayoral combined authority or non-mayoral CCA”.
Section 235 is amended in accordance with this paragraph.
In subsection (1)—
in the words before paragraph (a), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”;
in paragraph (a), for “that local authority” substitute “that authority”.
In subsections (2)(a) and (3), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
In subsection (4)—
after “A local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”;
for “the local authority” substitute “the authority”.
In subsection (5)(a), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
In section 240 (provisions supplemental to sections 238 and 239 (which provide for the use and development of consecrated land and burial grounds)), after subsection (3) insert—
In section 241, in subsection (1)—
after the first “local authority” insert “, a combined authority or CCA”;
after the second “local authority” insert “or a combined authority or CCA”.
In section 242, in paragraph (a), after “authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
In section 243, in subsection (1)—
for “local authorities concerned” substitute “authorities concerned”;
for “local authority for planning purposes” substitute “local authority, or non-mayoral combined authority or non-mayoral CCA, for planning purposes;
for “any other local authority” substitute “any other local authority, non-mayoral combined authority or non-mayoral CCA”.
In section 246, in subsection (2), after “local authority” insert “, a combined authority or CCA”.
Section 271 is amended in accordance with this paragraph.
In the following provisions, for “local authority” substitute “relevant authority”—
subsection (1) (in both places);
subsection (5) (in the words before paragraph (a)).
After subsection (8) insert—
Section 272 is amended in accordance with this paragraph.
In the following provisions, for “local authority” substitute “relevant authority”—
subsection (1) (in both places);
subsection (5) (in the words before paragraph (a)).
After subsection (8) insert—
In section 274, in subsection (3), for “local authority” substitute “relevant authority”.
Section 275 is amended in accordance with this paragraph.
In the following provisions, for “local authority” substitute “relevant authority”—
subsection (1)(a);
subsection (3) (in all three places);
subsection (5)(c).
After subsection (5) insert—
In section 276, in subsection (1), in the words before paragraph (a), for “local authority” substitute “relevant authority”.
In section 278, in subsection (7), for “local authority” substitute “relevant authority”.
Section 306 is amended in accordance with this paragraph.
In the following provisions, for “local authority” substitute “relevant authority”—
the heading;
subsection (1) (in the words before paragraph (a) and in paragraph (c));
subsection (2) (in the words before paragraph (a));
subsection (3) (in both places);
subsection (4).
After subsection (6) insert—
In section 336, in subsection (1)—
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—.
The Greater London Authority
After section 333ZA of the GLAA 1999 insert—
Housing accommodation
The Housing Act 1985 is amended in accordance with this Schedule.
Section 8 is amended in accordance with this paragraph.
After subsection (1) insert—
In subsection (2) for “that purpose the authority” substitute “the purpose of subsection (1) or (1A), a local housing authority or combined authority, CCA or county council”.
In subsection (3)—
after “England,” insert “or a combined authority, CCA or county council,”;
after “district” insert “, or area,”.
Section 9 is amended in accordance with this paragraph.
In subsection (1), in the words before paragraph (a), after “local housing authority” insert “, combined authority or CCA, or two-tier county council that is a strategic authority”.
In subsection (4), for “A local housing authority” substitute “An authority”.
In subsection (5), for “a local housing authority” substitute “an authority”.
Section 11 is amended in accordance with this paragraph.
In subsection (1), for the words before paragraph (a) substitute—
In subsection (4), for “A local housing authority” substitute “An authority”.
Section 12 is amended in accordance with this paragraph.
In subsection (1), for the words before paragraph (a) substitute—.
In subsection (3), for “the local housing authority” substitute “the authority”.
Section 17 is amended in accordance with this paragraph.
In subsection (1), after “local housing authority” insert “, a combined authority or CCA, or a two-tier county council that is a strategic authority”.
In subsection (3), after “local housing authority” insert “, combined authority or CCA, or two-tier county council that is a strategic authority”.
In subsection (4)—
after “local housing authority” insert “, combined authority or CCA, or two-tier county council that is a strategic authority”;
for “an authority” substitute “a local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority”.
After subsection (4) insert—
After section 17 insert—
Section 18 is amended in accordance with this paragraph.
In subsection (1), after “local housing authority” insert “, a combined authority or CCA, or a two-tier county council that is a strategic authority”.
In subsection (2), after “local housing authority” insert “, a combined authority or CCA, or a two-tier county council that is a strategic authority”.
In section 56 (minor definitions), in subsection (1)—
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—.
In section 57 (index of defined expressions)—
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—;
at the appropriate place insert—.
Mayoral development corporations
Amendment of the Localism Act 2011
The Localism Act 2011 is amended in accordance with this Part of this Schedule.
In the heading of Part 8, after “London” insert “and areas of other mayoral strategic authorities”.
In section 196—
before the definition of “the Mayor” insert—;
for the definition of “the Mayor” substitute—;
after the definition of “MDC” insert—.
Section 197 is amended in accordance with this paragraph.
In subsection (1), for “Greater London” substitute “a strategic authority area”.
In subsection (3), in the words before paragraph (a), for “the Mayor” substitute “the Mayor of London”.
After subsection (5) insert—
Section 199 is amended in accordance with this paragraph.
In subsection (2), for “the Mayor” substitute “the Mayor of London”.
After subsection (2) insert—
Section 200 is amended in accordance with this paragraph.
In subsection (1), for “a person within subsection (3)” substitute “an eligible transferor”.
After subsection (1) insert—.
In subsection (3)—
omit paragraphs (a) and (b);
in paragraphs (d) and (e), for “Greater London” substitute “the strategic authority area”;
omit paragraph (k).
In subsection (4), for “liabilities of—” substitute “liabilities of an eligible transferee..
Before subsection (5) insert—
In subsection (9), after “(4)(c)” insert “or (4A)(b)”.
Section 202 is amended in accordance with this paragraph.
In subsection (7), for “the Mayor” substitute “the Mayor of London”.
After subsection (7) insert—
In section 203, in subsections (1) and (4), after “City of London” insert “, or a county council or district council”.
Section 207 is amended in accordance with this paragraph.
In subsection (2), for “Greater London” substitute “the strategic authority area”.
For subsection (3) substitute—
Section 214 is amended in accordance with this paragraph.
In subsection (4), for “the Mayor” substitute “the Mayor of London”.
After subsection (4) insert—
Section 216 is amended in accordance with this paragraph.
For subsection (2) substitute—
In subsection (4), in the definition of “permitted recipient”—
after ““permitted recipient”” insert “, in relation to an MDC for an area in Greater London,”;
after paragraph (f) insert—.
After section 217 insert—
Schedule 21 is amended in accordance with paragraphs 14 to 18.
Paragraph 1 (membership) is amended in accordance with this paragraph.
In sub-paragraph (1)—
for “A Mayoral development corporation (“MDC”)” substitute “An MDC for an area in Greater London”;
omit “(“the Mayor”)”.
In sub-paragraph (2), for “The Mayor” substitute “The Mayor of London”.
After sub-paragraph (3) insert—
In paragraph 2 (terms of appointment of members), in sub-paragraph (5)(d), after “relevant London council” insert “or relevant council”.
In paragraph 4 (remuneration etc: members and staff), in sub-paragraph (4), after “London Assembly” insert “, or the combined authority or CCA,”.
In paragraph 9 (proceedings), in paragraph (c), after “each relevant London council” insert “or each relevant council”.
In paragraph 10 (annual report), in sub-paragraph (1)(c), after “and” insert “, in the case of an MDC for an area in London,”.
Amendment of other legislation
In Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further and supplementary provisions), in paragraph 9(8)(a), after “Mayoral development corporation” insert “for an area in Greater London”.
The GLAA 1999 is amended in accordance with this paragraph.
In section 31 (limits of the general power), in subsection (1A), after “Mayoral development corporation” insert “for an area in Greater London”.
In section 38 (delegation), in subsection (2)(da), after “Mayoral development corporation” insert “for an area in Greater London”.
In section 60A (confirmation hearings etc for certain appointments by the Mayor), in subsection (3), after “Mayoral development corporation” insert “for an area in Greater London”.
In section 68 (disqualification and political restriction), in subsection (6)(aa), after “Mayoral development corporation” insert “for an area in Greater London”.
In section 403B (acquisition of land by MDC and TfL for shared purposes), after subsection (9) insert—
In section 424 (interpretation), in subsection (1), in the definition of “functional body”, in paragraph (aa), after “Mayoral development corporation” insert “for an area in Greater London”.
In the Local Government Act 2003, after section 32A (inserted by section 42 of this Act) insert—
In section 24 of the Planning and Compulsory Purchase Act 2004 (conformity with regional strategy), in subsection (1)(b) and subsection (4), after “Mayoral development corporation” insert “for an area in Greater London”.
In Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further and supplementary provisions), in paragraph 8(8)(a), after “Mayoral development corporation” insert “for an area in Greater London”.
Assessment of economic conditions
Part 4 of LDEDCA 2009 (local authority economic assessments) is amended in accordance with this Schedule.
In the heading of Part 4, after “local authority” insert “and strategic authority”.
Section 69 (local authority economic assessments) is amended as follows.
In the heading, after “local authority” insert “and strategic authority”.
In subsections (1) and (2), for “principal local authority” substitute “relevant authority”.
In subsection (3)—
in the words before paragraph (a), for “principal local authority” substitute “relevant authority”;
after paragraph (e) insert— .
In subsections (4) and (5), for “principal local authority” substitute “relevant authority”.
After subsection (5) insert—
In subsection (6), for “principal local authority” substitute “relevant authority”.
In subsection (7)(a), after “local government” insert “(including combined authorities and combined county authorities)”.
After subsection (7) insert—
For subsection (8), substitute—
Local growth plans
After section 107K of LDEDCA 2009 insert—
After section 107M of LDEDCA 2009 (as inserted by sub-paragraph (1)) insert—
After section 32 of LURA 2023 insert—
After section 32B of LURA 2023 (as inserted by sub-paragraph (3)) insert—
In section 252 of LURA 2023 (regulations)—
in subsection (5)(a), after “subsection” insert “(8)(ab) or”;
in subsection (8), before paragraph (a) insert— .
After section 333F of the GLAA 1999 insert—
In section 420 of the GLAA 1999 (regulations and orders), in subsection (7), in the appropriate place, insert “section 333G;”.
Miscellaneous local authority functions
In section 113 of LGA 1972, after subsection (4) insert—
In section 142 of LGA 1972, in subsection (2), in the words before paragraph (a), after “local authority” insert “or a combined authority or combined county authority”.
In section 222 of LGA 1972, in subsection (1), in the words before paragraph (a), after “local authority” insert “or a combined authority or combined county authority”.
Section 88 of LGA 1985 is amended in accordance with this paragraph.
After subsection (13A) insert—
In subsection (14), after “subsection (13) above” insert “, or a combined authority or CCA,”.
In section 105 of LGA 1985 (interpretation), in subsection (1), at the appropriate place insert—.
Functions of police and crime commissioners
This is Schedule 10A to be inserted after Schedule 10 to PRSRA 2011—
Fire and rescue authorities
Amendment of FRSA 2004
FRSA 2004 is amended in accordance with this Part of this Schedule.
Section 2 is amended in accordance with this paragraph.
In subsection (2) for “only if it appears” substitute “only if condition A or B is met. .
After subsection (2A) (created by sub-paragraph (2) above) insert—
After subsection (11) insert—
In section 4, after subsection (7) insert—
Before Schedule A1 insert—
In section 28 (inspectors), after subsection (A8) insert—
Amendments of other legislation
In section 138 LGA 1972 (powers of principal councils with respect to emergencies or disaster)—
in subsection (5), after “London Fire Commissioner” insert “and a mayoral fire and rescue authority”;
after subsection (5) insert—
LGFA 1988 is amended in accordance with this paragraph.
In section 114 (functions of responsible officer as regards reports), in subsection (4)(b)—
in sub-paragraph (iiic), omit the final “and”;
after sub-paragraph (iiic) insert— .
In section 115 (authority’s duties as regards reports)—
after subsection (1BA) insert— ;
in subsection (1E), after “section 4A fire and rescue authority” insert “, the mayoral FRA”;
after subsection (1FA) insert— ;
in subsection (2), after “section 4A fire and rescue authority” insert “, a mayoral FRA”.
The Local Government and Housing Act 1989 is amended in accordance with this paragraph.
In section 67(3) (meaning of “local authority” in Part 5), after paragraph (h) insert— .
In section 155(4) (local authorities that can receive emergency financial assistance), after paragraph (ha) insert— .
LDEDCA 2009 is amended in accordance with this paragraph.
In section 107D (delegation of functions by the mayor), after subsection (3) insert—
After section 107D insert—
LURA 2023 is amended in accordance with this paragraph.
In section 30 (functions of mayors: general), after subsection (3) insert—
After section 30 insert—
Licensing functions of the GLA and the Mayor of London
The Licensing Act 2003 is amended in accordance with paragraphs 2 to 20.
In section 3 (licensing authorities), after subsection (1) insert—
In section 4 (general duties of licensing authorities), after subsection (3) insert—
In section 5 (statement of licensing policy), after subsection (3) insert—
After section 8 insert—
In section 13 (authorised persons and responsible authorities), in subsection (4), after paragraph (ha), insert—.
After section 17 insert—
In section 18 (determination of application for premises licence), after subsection (9) insert—
In section 22 (prohibited conditions: plays), in subsection (2)—
the words from “a licensing authority” to the end become paragraph (a);
after that paragraph, insert
In section 23 (grant or rejection of application)—
after subsection (2) insert—;
in subsection (4), after “this section” insert—.
In section 24 (form of licence and summary), after subsection (2)(f), insert—
After section 25A insert—
After section 34 insert—
After section 41 insert—
In section 54 (form of applications and notices)—
in paragraph (a), after “form” insert “or content”;
after paragraph (b) insert—.
In section 56 (licensing authority’s duty to update licence document), in subsection (1), after paragraph (a) insert—.
In section 181 (appeals against decisions of licensing authorities)—
in the heading, after “licensing authorities” insert “or the Mayor of London”;
in subsection (1), after “licensing authorities” insert “or the Mayor of London”;
in subsection (2), in the opening words, after “licensing authority” insert “or the Mayor of London”;
in subsection (2)(b), after “authority” insert “or (as the case may be) the Mayor”;
in subsection (2)(c), after “authority” insert “or (as the case may be) the Mayor”.
In section 185 (provision of information)—
in subsection (1)—
the words from “information which” to the end become paragraph (a);
after that paragraph insert;
in subsection (2)—
at the end of paragraph (a) omit “or”;
at the end of paragraph (b) insert;
in the closing words, after “functions” insert “or the Mayor’s functions”;
in subsection (3), for “or responsible authority” substitute “, responsible authority or the Mayor of London”.
In Schedule 5 (appeals)—
after paragraph 1 insert—;
after paragraph 2 insert—;
in the heading of paragraph 4, after “35” insert “or 41ZB”;
after paragraph 4 insert—;
in paragraph 9—
in sub-paragraph (2), for the words from “the day” to the end substitute—;
after sub-paragraph (3) insert—
The Secretary of State may by regulations repeal the provisions of the Licensing Act 2003 as inserted by paragraphs 2 to 20 of this Schedule and as amended from time to time.
The power under sub-paragraph (1) expires at the end of the period of five years beginning with the day on which this Schedule comes into force.
Regulations under this paragraph may make consequential, supplementary or incidental provision under section 105(2) which amends, repeals or revokes any legislation (whenever passed or made).
Regulations under this paragraph are subject to affirmative resolution procedure.
Powers to make regulations in relation to functions of strategic authorities and mayors
Conferral and modification of functions
Regulations may make provision conferring an eligible function on the strategic authorities within a class specified in sub-paragraph (3).
Regulations may make provision modifying a function as it is exercisable by the strategic authorities within a class specified in sub-paragraph (3).
These are the classes referred to in sub-paragraphs (1) and (2)—
the single foundation strategic authorities;
the single foundation strategic authorities that are district councils;
the single foundation strategic authorities that are county councils;
the combined foundation strategic authorities;
the mayoral strategic authorities other than the established mayoral strategic authorities;
the established mayoral strategic authorities other than the GLA.
Regulations may not be made under this section unless the Secretary of State is satisfied that it is appropriate to do so having regard to the need to secure the effective exercise of the function concerned.
See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.
Before making regulations under this paragraph the Secretary of State must consult the following—
the affected strategic authorities;
the mayors of any of the affected strategic authorities that are mayoral strategic authorities;
the constituent councils of any affected strategic authorities that are combined authorities or CCAs;
any other person who exercises the function to which the regulations relate;
any other persons that the Secretary of State considers it appropriate to consult.
In this paragraph “affected strategic authorities” means the strategic authorities—
on which a function would be conferred by regulations under sub-paragraph (1), or
whose exercise of a function would be affected by regulations under sub-paragraph (2).
Regulations may make provision conferring an eligible function on the mayors within a class specified sub-paragraph (3).
Regulations may make provisions modifying a function as it is exercisable by the mayors within a class specified in sub-paragraph (3).
These are the classes referred to in sub-paragraphs (1) and (2)—
mayors for the areas of mayoral strategic authorities other than the established mayoral strategic authorities;
mayors for the areas of established mayoral strategic authorities other than the Mayor of London.
Regulations may not be made under this section unless the Secretary of State is satisfied that it is appropriate to do so having regard to the need to secure the effective exercise of the function concerned.
See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.
Before making regulations under this paragraph the Secretary of State must consult the following—
the affected mayors;
the strategic authorities for whose areas the affected mayors are the mayor;
the constituent councils of those strategic authorities;
any other person who exercises the function to which the regulations relate;
any other persons that the Secretary of State considers it appropriate to consult.
In this paragraph “affected mayors” means the mayors—
on which a function would be conferred by regulations under sub-paragraph (1), or
whose exercise of a function would be affected by regulations under sub-paragraph (2).
Regulations may make provision conferring an eligible function on the GLA, the Mayor of London or a GLA functional body.
Regulations may make provision modifying a function as it is exercisable by the GLA, the Mayor of London or a GLA functional body.
Regulations may not be made under this section unless the Secretary of State is satisfied that it is appropriate to do so having regard to the need to secure the effective exercise of the function concerned.
See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.
Before making regulations under this paragraph the Secretary of State must consult the following—
the Mayor of London,
the London Assembly,
in the case of regulations conferring a function on, or modifying a function of, a GLA functional body, that functional body;
the London Borough councils;
the Common Council of the City of London;
any other person who exercises the function to which the regulations relate;
any other persons that the Secretary of State considers it appropriate to consult.
In this Part of this Schedule— “eligible function” means a function which— is a function of a public authority, and relates to any aspect of any area of competence; “function”— includes a power to make byelaws; but does not include a power to make any other instruments of a legislative character (including regulations); “public authority” includes a Minister of the Crown or a government department.
Movement of functions between mayors and strategic authorities
Regulations may provide for a function of— to be exercisable by the mayors for the areas of those authorities.
the mayoral strategic authorities other than the established mayoral strategic authorities, or
the established mayoral strategic authorities other than the GLA,
Regulations under this paragraph may provide for the function to be exercisable by the mayors—
solely;
concurrently or jointly with another person by which the function is already exercisable.
Regulations under this paragraph which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by the other person alone.
Before making regulations under this paragraph the Secretary of State must consult the following—
the affected strategic authorities;
the mayors of the affected strategic authorities;
the constituent councils of the affected strategic authorities;
any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;
any other persons that the Secretary of State considers it appropriate to consult.
In this paragraph “affected strategic authorities” means the strategic authorities to whose function regulations under this paragraph relate.
Regulations may provide for a function of the mayors for the areas of — to be exercisable by those authorities.
the mayoral strategic authorities other than the established mayoral strategic authorities, or
the established mayoral strategic authorities other than the Mayor of London,
Regulations under this paragraph may provide for the function to be exercisable by the authorities—
solely;
concurrently or jointly with another person by which the function is already exercisable.
Regulations under this paragraph which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by the other person alone.
Before making regulations under this paragraph the Secretary of State must consult the following—
the affected mayors;
the strategic authorities for whose areas the affected mayors are the mayor;
the constituent councils of those strategic authorities;
any other person who exercises the function to which the regulations relate;
any other persons that the Secretary of State considers it appropriate to consult.
In this paragraph “affected mayors” means the mayors to whose function regulations under this paragraph relate.
Regulations may provide for a function of any of the following (the “current GLA holder”)— to be exercisable by another of them (the “new GLA holder”).
the GLA;
the Mayor of London;
a GLA functional body;
Regulations under this paragraph may provide for the function to be exercisable by the new GLA holder—
solely;
concurrently or jointly with another person by which the function is already exercisable.
Regulations under this paragraph which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by the current GLA holder or other person alone.
Before making regulations under this paragraph the Secretary of State must consult the following—
the Mayor of London;
the London Assembly;
in a case where the current GLA holder or new GLA holder is a GLA functional body, that functional body;
the London Borough councils;
the Common Council of the City of London;
any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;
any other persons that the Secretary of State considers it appropriate to consult.
Exercise of functions
Regulations may make provision about the exercise of a function by any of these classes of strategic authorities (except for provision about voting on decisions to exercise the function — see Part 4 of this Schedule)—
the single foundation strategic authorities;
the single foundation strategic authorities that are district councils;
the single foundation strategic authorities that are county councils;
the combined foundation strategic authorities;
the mayoral strategic authorities other than the established mayoral strategic authorities;
the established mayoral strategic authorities other than the GLA.
Before making regulations under this paragraph the Secretary of State must consult the following—
the affected strategic authorities;
the constituent councils of any affected strategic authorities that are combined authorities or CCAs;
any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;
any other persons that the Secretary of State considers it appropriate to consult.
In this paragraph “affected strategic authorities” means the strategic authorities to whose function regulations under this paragraph relate.
Regulations may make provision about the exercise of a function by the mayors of any of these classes of strategic authorities—
the mayoral strategic authorities other than the established mayoral strategic authorities;
the established mayoral strategic authorities other than the GLA.
Before making regulations under this paragraph the Secretary of State must consult the following—
the affected mayors;
the strategic authorities for whose areas the affected mayors are the mayor;
the constituent councils of those strategic authorities;
any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;
any other persons that the Secretary of State considers it appropriate to consult.
In this paragraph “affected mayors” means the mayors to whose function regulations under this paragraph relate.
Regulations may make provision about the exercise of a function by— except for provision about voting on decisions to exercise the function.
the GLA,
the Mayor of London, or
a GLA functional body,
Before making regulations under this paragraph the Secretary of State must consult the following—
the Mayor of London;
the London Assembly;
in the case of a function of a GLA functional body, that functional body;
the London Borough councils;
the Common Council of the City of London;
any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;
any other persons that the Secretary of State considers it appropriate to consult.
The provision that may be made under this Part of this Schedule includes provision for—
consent to be obtained before the function can be exercised;
consultation to take place before the function can be exercised;
conditions to be met before the function can be exercised;
the function to be exercisable subject to conditions or limitations specified in the regulations;
a function to be exercisable—
solely;
concurrently or jointly with another person by which the function is already exercisable;
joint working arrangements in connection with the function (for example, provision for the function to be exercised by a joint committee).
Regulations under this Part of this Schedule which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by that other person alone.
Voting on decisions
Regulations may make provision about voting, by any of these classes of strategic authorities, on decisions to exercise a particular function—
the combined foundation strategic authorities;
the mayoral strategic authorities other than the established mayoral strategic authorities;
the established mayoral strategic authorities other than the GLA.
The provision that may be made under this paragraph includes provision for—
a decision to be made by a CCA or CCAs otherwise than in accordance with section 13A of LURA 2023;
a decision to be made by a combined authority or combined authorities otherwise than in accordance with section 104CA of LDEDCA 2009;
a decision to require a particular kind of majority (including a majority which includes a vote or votes of a particular kind of person).
Before making regulations under this paragraph the Secretary of State must consult the following—
the affected strategic authorities;
the constituent councils of any affected strategic authorities that are combined authorities or CCAs;
any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;
any other persons that the Secretary of State considers it appropriate to consult.
In this paragraph “affected strategic authorities” means the strategic authorities to whose decision-making regulations under this paragraph relate.
Particular provision that may or may not be made by regulations
Regulations under this Schedule may, in particular, include provision to abolish the public authority in a case where, as a result of the regulations, it will no longer have any functions.
Regulations under this Schedule may not provide for a regulatory function that is exercisable by a public authority in relation to the whole of England to be exercisable by the recipients if the regulated function is itself exercisable by any or all of the recipients.
In this paragraph— “recipient” means an authority, mayor or body on which a function would be or has been conferred by regulations under this Schedule; “regulated function” means the function of carrying out an activity to which a regulatory function relates; “regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006.
This paragraph applies where regulations under this Schedule contain a reference to a document specified or described in the regulations (for example, in imposing a condition by virtue of paragraph 11(1)(d) for recipients to have regard to, or to comply with, a statement of policy or standards set out in the document).
If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed— the regulations may make express provision to that effect.
as a reference to that document as amended from time to time, or
as including a reference to a subsequent document that replaces that document,
This paragraph applies to a power under this Schedule to make provision in relation to a function and a class of strategic authorities or mayors (the “relevant class”).
The power must be read as enabling regulations to make the provision in relation to the function and relevant class even if that function is not, or would not be, capable of exercise by some of the strategic authorities or mayors within that class for any reason.
Those reasons include the function being exercisable in relation to a thing or location which does not exist in the area of a strategic authority.
This paragraph applies to a power under this Schedule to confer a function on, or provide for a function to be exercisable by, a class of strategic authorities or mayors (the “relevant class”).
The power includes—
the power to provide for the function to begin to be exercisable by different members of the relevant class at different times or in different circumstances;
the power to make further regulations which specify the times at which, or circumstances in which, the function is to begin to be exercisable by different members of the relevant class.
Regulations under sub-paragraph (2)(b) may be made in relation to different members of the relevant class at different times.
In this paragraph “different members” of the relevant class includes members of the relevant class that are of different descriptions specified in regulations made under the power.
Regulations under this Schedule may amend, apply (with or without modifications), disapply, repeal or revoke any legislation whenever passed or made.
Pilot schemes
Regulations may make permitted provision for a period specified in the regulations (the “piloting period”).
The piloting period must initially be a period of three years or shorter.
But—
the Secretary of State may by regulations provide that the piloting period is to continue after the time when it would otherwise expire for a period not exceeding two years (and may make such regulations more than once);
a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
A pilot scheme may not make provision which relates to a strategic authority, mayor or GLA functional body unless that authority, mayor or body consents to the provision.
This paragraph applies to permitted provision that may be made under another Part of this Schedule only in relation to a class of strategic authorities or mayors (the “relevant class”).
A pilot scheme may make that permitted provision in relation to one or some of the strategic authorities or mayors in that class (despite the fact that such provision could not be made under the other Part of this Schedule).
For that purpose—
where the relevant class consists of combined authorities and CCAs, the constituent councils of those authorities are “linked to” those authorities;
where the relevant class consists of mayoral strategic authorities, the mayors for the areas of those authorities are “linked to” those authorities;
where the relevant class consists of the mayors of combined authorities and CCAs, those authorities are “linked to” those mayors.
A pilot scheme must include provision requiring the or each strategic authority, mayor or GLA functional body to which the pilot scheme relates—
to produce an impact report, and
to provide it to the Secretary of State.
The pilot scheme must specify when the impact report is to be provided to the Secretary of State.
An “impact report” produced by a strategic authority, mayor or GLA functional body is a report on whether, in the opinion of that authority, mayor or body, the pilot scheme has been successful.
An impact report may include a request for the Secretary of State to extend the piloting period by regulations under paragraph 19(3)(a).
This paragraph applies if the time for producing the impact report in relation to a pilot scheme has passed.
The Secretary of State must decide whether the pilot scheme has been successful.
If the Secretary of State decides that the function pilot scheme has been successful, the Secretary of State must also decide whether or not the changes made by the pilot scheme should be given effect after the end of the piloting period by the making of any of the following (the “resulting secondary legislation”)—
regulations under any other Part of this Schedule;
an order under Chapter 2 of Part 6 of LDEDCA 2009;
regulations under Chapter 1 of Part of LURA 2023;
regulations under section 16 of the Cities and Local Government Devolution Act 2016.
In making those decisions, the Secretary of State must—
take into account any impact report or reports produced in relation to the pilot scheme;
consult—
the or each strategic authority, mayor or GLA functional body to which the pilot scheme relates,
each strategic authority, mayor and GLA functional body to which the resulting secondary legislation would relate (if it were made), and
any other person which the Secretary of State considers it appropriate to consult.
In this Part of this Schedule— “permitted provision” means provision that may be made under any other Part of this Schedule; “pilot scheme” means regulations under paragraph 19; “piloting period” has the meaning given in paragraph 19(1); “successful” has the meaning given in sub-paragraph (2).
For the purposes of this Part of this Schedule, a pilot scheme is “successful” if the changes made by it secured, or contributed to securing, the effective exercise of functions in relation to the areas of competence.
Making of regulations
In this Schedule “regulations” means regulations made by the Secretary of State.
Regulations under paragraph 19(3)(a) are subject to negative resolution procedure.
Any other regulations under this Schedule are subject to affirmative resolution procedure.
The fact that a mayoral strategic authority is in the preparatory phase—
does not prevent regulations under this Schedule from making provision which applies to—
the mayor for its area, or
the mayoral strategic authority; and
where a provision of this Schedule requires consultation with the members of a class which includes the mayoral strategic authority or the mayor for its area, does not—
prevent that requirement from being complied with by a consultation that does not involve the mayor, or
require further consultation with the mayor after the first mayor has taken office.
Any power under this Schedule to make provision in relation to mayoral strategic authorities or mayors (the “relevant class”) must be read as enabling regulations to make provision in relation to the relevant class which applies only to—
those of the mayoral strategic authorities in the relevant class which are in the preparatory phase, or
those of the mayors in the relevant class that are mayors for the areas of mayoral strategic authorities which are in the preparatory phase.
Regulations under this Schedule may make provision which applies only to—
mayoral strategic authorities which are in a preparatory phase that is of a duration specified in the regulations, or
mayors for the areas of mayoral strategic authorities which are in a preparatory phase that is of a duration specified in the regulations.
For the purposes of this paragraph a mayoral strategic authority is in the “preparatory phase”—
after the authority has been established, but
before the first mayor for the authority’s area has taken office.
Arrangement relating to single tiers of local government
LGPIHA 2007 is amended as follows.
After section 2 insert—
In section 3 (invitations, directions and proposals: supplementary)—
for subsection (1) substitute— ;
in subsection (2), after “2” insert “or 2A”;
in subsection (3), after “2” insert “or 2A”;
in subsection (5)—
after “2” insert “or 2A”;
for “that section” substitute “either of those sections”;
in subsection (6), after “2” insert “or 2A”;
in subsection (7), after “2” insert “or 2A”;
omit subsection (8).
In section 4 (request for Local Government Boundary Commission’s advice), in subsection (1), after “2” insert “or 2A”.
In section 5 (Local Government Boundary Commission’s powers)—
in subsection (4), for the words from “the Type” to the end substitute— ;
in subsection (5), for paragraphs (a) and (b) substitute— ;
in subsection (6)(a), after “(4)” insert “(a)”;
after subsection (6) insert—
In section 7 (implementation of proposals by order)—
in subsection (1), after “2” insert “or 2A”;
in subsection (4), after “a proposal” insert “in response to an invitation or direction under section 2”;
after subsection (4) insert—
In section 11 (implementation orders: provision that may be included)—
after subsection (4)(e) insert— ;
after subsection (7) insert—
After section 11 insert—
In section 240 (orders, regulations and guidance), in subsection (6), in the opening words, after “regulations under section” insert “11A,”.
Local authority governance and executives
LGA 2000 is amended in accordance with this paragraph.
In section 9B (permitted forms of governance for local authorities in England)—
after subsection (1) insert—;
in subsection (4), after the definition of “executive arrangements” insert—.
In section 9C (local authority executives), after subsection (3) insert—
After section 9KA insert—
The LGA 2000 is amended in accordance with this paragraph.
For section 9K (changing from one form of governance to another) substitute—
In section 9KC (resolution of local authority), after subsection (3) insert—
In section 9L (implementation: change in form of governance or change in form of executive)—
in subsection (1)(a), for “(change from one form of governance to another)” substitute “(Committee system: change to leader and cabinet executive (England))”;
for subsection (4) substitute—.
This paragraph applies to a change to governance arrangements under Chapter 4 of Part 1A LGA 2000 if—
under the change, the local authority would begin to operate a mayor and cabinet executive, and
the local authority has not started to operate the mayor and cabinet executive before this section comes into force.
The local authority—in accordance with the change to governance arrangements.
must not cease operating the old form of governance or (as the case may be) old form of executive, and
must not start operating the mayor and cabinet executive,
In a case where the old form of governance is the committee system, this paragraph does not limit the duty under section 9K LGA 2000 (as amended by paragraph 2) to—
cease to operate the committee system, and
start to operate a leader and cabinet executive (England).
LGA 2000 is amended as follows—
in section 9KA (executive arrangements: different form of executive)—
for the heading substitute “Mayor and cabinet executive: adoption of leader and cabinet executive”;
for subsection (1) substitute—;
omit subsection (2).
in section 9KC (resolution of local authority), omit subsection (5).
In section 9L (implementation: change in form of governance or change in form of executive)—
in subsection (1)(b), for “(change to a different form of executive)” substitute “(mayor and cabinet executive: adoption of leader and cabinet executive)”;
omit subsection (5).
In section 9MC (referendum following petition)—
in subsection (1), for “relevant type of governance arrangement” substitute “leader and cabinet executive (England)”;
omit subsection (5).
In section 9MD (referendum following direction)—
in subsection (1), for “relevant type of governance arrangements specified in the direction” substitute “leader and cabinet executive (England)”;
omit subsection (4).
In section 9ME (referendum following order)—
in subsection (1), for “relevant type of governance arrangements specified in the order” substitute “leader and cabinet executive (England)”;
omit subsection (4).
In section 9MF (further provision with respect to referendums)—
in subsection (1), omit paragraph (a);
omit subsections (2) and (3).
Omit section 9N (requiring referendum on change to mayor and cabinet executive).
LGA 2000 is amended in accordance with this paragraph.
In section 9B (permitted forms of governance for local authorities in England)—
in subsection (1)(a), after “arrangements” insert “or”;
omit subsection (1)(c) (and the word “or” preceding it);
in subsection (4), omit the definition of “prescribed arrangements”.
Omit section 9BA (power of Secretary of State to prescribe additional permitted governance arrangements).
in section 9OA (interpretation)—
omit subsection (3)(d);
in subsection (4), omit paragraph (c).
In section 9R (interpretation of Part 1A), in subsection (1), omit the definition of “prescribed arrangements”.
LGA 2000 is amended in accordance with this paragraph.
In section 9KC (resolution of local authority), in subsection (4), in the words before paragraph (a), for “5 years” substitute “4 years”.
In section 9MF (further provision with respect to referendums)—
in subsection (1), in the words before paragraph (a), for “ten years” substitute “4 years”;
in subsection (3B), for “10 years” substitute “4 years”;
in subsection (3E)(a), for “10 years” substitute “4 years”.
Mayors and PCCs: supplementary vote system
The GLAA 1999 is amended as follows.
In section 4 (voting at ordinary elections)—
in subsection (1)(a), after “vote” insert “(referred to in this Part as a mayoral vote)”;
in subsection (2), after “system,” insert “, unless there are three or more candidates”;
after subsection (2) insert—
In section 16 (filling a vacancy)—
in subsection (3), after “one” insert “mayoral”;
for subsection (4) substitute—
In section 29 (interpretation of Part 1), in the appropriate place insert—.
In Schedule 2 (voting at elections), before Part 2 insert—
In section 165 of the Representation of the People Act 1983 (avoidance of election for employing corrupt agent), after subsection (3) insert—
PRSRA 2011 is amended as follows.
In section 57 (voting at elections of police and crime commissioners)—
in subsection (2), after “system” insert “, unless there are three or more candidates”;
after subsection (2) insert—
After Schedule 8 insert—
The Local Government Act 2000 is amended as follows.
In section 9HC (voting at elections of elected mayors)—
in subsection (1), for “which may be given for a candidate to be the elected mayor” substitute “(a “mayoral vote”)”;
in subsection (2), after “system” insert “unless there are three or more candidates”;
after subsection (2) insert—
In section 9HD (entitlement to vote), in subsection (2), after “one” insert “mayoral”.
In section 9R (interpretation of Part 1A), in the appropriate place insert—.
After Schedule 1 insert—
In Schedule 2 (Election of elected mayor), in the heading, after “mayor” insert “(Wales)”.
Schedule 5B to LDEDCA 2009 (mayors for combined authorities: further provision) is amended as follows.
In paragraph 4—
in sub-paragraph (1), for “which may be given for a candidate to be the mayor” substitute “(a “mayoral vote”)”;
in sub-paragraph (2), after “system” insert “unless there are three or more candidates”;
after sub-paragraph (2) insert—
After paragraph 4 insert—
In paragraph 6—
in sub-paragraph (2), after “one” insert “mayoral”;
in sub-paragraph (3), after the definition of “local government elector” insert—
Schedule 2 to LURA 2023 (mayors for combined county authority areas: further provisions about elections) is amended as follows.
In paragraph 4—
in sub-paragraph (1), for “which may be given for a candidate to be the mayor” substitute “(a “mayoral vote”)”;
in sub-paragraph (2), after “system” insert “, unless there are three or more candidates”;
after sub-paragraph (2) insert—
After paragraph 4 insert—
In paragraph 5—
in sub-paragraph (2), after “one” insert “mayoral”;
in sub-paragraph (3), after the definition of “local government elector” insert—
Assets of community value
Community right to buy and sporting assets of community value (England)
In Part 5 of the Localism Act 2011 (community empowerment), after Chapter 2 insert—
A list of land of community value maintained immediately before the relevant day by a local authority in England under section 87(1) of the Localism Act 2011 (“the original asset list”) is to have effect on and after that day as a list of land of community value maintained by that authority under section 86A(1) of that Act (“the new asset list”).
Any land that is included in the new asset list by virtue of sub paragraph (1) is to be treated as entered in that list on the date on which the land was entered in the original asset list.
A list of land nominated by unsuccessful community nominations maintained immediately before the relevant day by a local authority in England under section 93(1) of the Localism Act 2011 (“the original unsuccessful nominations list”) is to have effect on and after that day as a list of land nominated by unsuccessful community nominations maintained by that authority under section 86I(1) of that Act (“the new unsuccessful nominations list”).
Any land that is included in the new unsuccessful nominations list by virtue of sub-paragraph (3) is to be treated as entered in that list on the date on which the land was entered in the original unsuccessful nominations list.
This paragraph does not limit the power under section 92(10) to make any other transitional provision in connection with the coming into force of paragraph 1 of this Schedule.
In this paragraph, “the relevant day” is the day on which paragraph 1 of this Schedule comes into force.
Minor and consequential amendments relating to Part 1
The Localism Act 2011 is amended as follows.
In Part 5 (community empowerment), at the end of the heading for Chapter 3, insert “(Wales)”.
In section 87 (list of assets of community value)—
in subsection (4), for “appropriate authority” substitute “Welsh Ministers”;
in subsection (5), for “appropriate authority” substitute “Welsh Ministers”.
In section 88 (land of community value)—
in subsection (3), for “appropriate authority” substitute “Welsh Ministers”;
in subsection (4), for “appropriate authority considers” substitute “Welsh Ministers consider”.
In section 89 (Procedure for including land in list)—
in subsection (1)(b), for “appropriate authority” substitute “Welsh Ministers”;
in subsection (2)(b)—
omit sub-paragraph (i);
in sub-paragraph (ii), omit “in Wales”;
in subsection (4), for “appropriate authority” substitute “Welsh Ministers”;
in subsection (5), for “appropriate authority” substitute “Welsh Ministers”.
In section 91 (notice of inclusion or removal), in subsection (2)(d) for “appropriate authority” substitute “Welsh Ministers”.
In section 92 (review of decision to include land in list), in subsection (5), for “appropriate authority” substitute “Welsh Ministers”.
In section 95 (moratorium)—
in subsection (5)—
in paragraph (e), for “appropriate authority” substitute “Welsh Ministers”;
in paragraph (j), for “appropriate authority” substitute “Welsh Ministers”;
in subsection (6), in the definition of “community interest group” for “appropriate authority” substitute “Welsh Ministers”.
In section 98 (informing owner of request to be treated as bidder), in subsection (3), for “appropriate authority” substitute “Welsh Ministers”.
In section 99 (compensation), in subsection (1), for “appropriate authority” substitute “Welsh Ministers”.
In section 101 (enforcement)—
in subsection (1), for “appropriate authority” substitute “Welsh Ministers”;
in subsection (3), for paragraphs (a) and (b) substitute— ;
omit subsection (4).
Omit section 103.
In section 104 (Advice and assistance in relation to land of community value in Wales)—
in the heading, omit “in Wales”;
in subsection (1)(a), omit “so far as applying to Wales”;
in subsection (1)(b)(i), omit “in Wales”.
In section 106 (meaning of “local authority”)—
omit subsections (1) and (2);
in subsection (3)—
in the opening words, omit “in relation to Wales”;
in paragraph (a), omit “in Wales”.
In section 107 (meaning of “owner”), in subsection (6), for “appropriate authority” substitute “Welsh Ministers”.
In section 108 (interpretation), omit the definition of “appropriate authority”.
In section 235 (orders and regulations), after subsection (7)(g) insert— .
Prohibition of parking on footways and verges
The Secretary of State may make regulations for the purpose of giving each English local transport authority the power to impose a prohibition on the parking of motor vehicles on the footways and verges which form part of the relevant highways in the authority’s area.
But parking regulations may not give an English local transport authority the power to impose a prohibition on parking in any place that is not in a civil enforcement area for parking contraventions under Part 2 of Schedule 8 to the Traffic Management Act 2004.
Parking regulations may make provision about the meaning of “parking” (and cognate expressions) for the purposes of parking prohibitions.
Parking regulations may amend an Act passed before, or in the same session as, this Act.
Parking regulations are subject to affirmative procedure.
Paragraphs 2 to 9 deal with particular kinds of provision that may be made by parking regulations.
Parking regulations may make provision about—
the process by which, and manner in which, the power to prohibit parking is exercisable;
the manner in which the imposition of a parking prohibition may or must be publicised.
Parking regulations may exclude particular descriptions of relevant highways or parts of relevant highways from parking prohibitions (including parts of relevant highways designated by, or by virtue of, an Act or secondary legislation as a place where parking is permitted).
Parking regulations may give an English local transport authority the power to exclude— from a parking prohibition.
particular relevant highways or parts of relevant highways, or
particular parts of the authority’s area,
Parking regulations made in accordance with this paragraph may provide for an exclusion to apply only if particular conditions are met.
Parking regulations may exclude any of the following from parking prohibitions—
particular descriptions of motor vehicles;
motor vehicles which are used or parked for particular purposes or in particular circumstances.
Parking regulations made in accordance with this paragraph may provide for an exclusion to apply only if particular conditions are met.
Parking regulations may make provision about traffic signs relating to parking prohibitions (“relevant traffic signs”).
Parking regulations made under sub-paragraph (1) may—
require traffic authorities to carry out functions in relation to relevant traffic signs (including provision giving English local transport authorities the power to give directions to traffic authorities to carry out such functions);
may require co-operation among, or between, one or more of the following in respect of functions relating to relevant traffic signs—
English local transport authorities;
traffic authorities;
local authorities.
This paragraph does not limit any power or duty relating to traffic signs arising under any other Act or secondary legislation; but that does not limit the provision that may be made under this paragraph.
In this paragraph— “local authority” means— a county council in England, a unitary district council, or a metropolitan district council; “traffic sign” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 64 of that Act).
Parking regulations may provide for defences to contraventions of a parking prohibition.
Parking regulations may require English local transport authorities to carry out consultation in connection with the exercise of functions under parking regulations.
Parking regulations—
may give the Secretary of State power to issue guidance;
may require a person to whom the guidance is directed to have regard to it.
Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement) is amended in accordance with this paragraph.
In paragraph 4 (contraventions outside Greater London involving stationary vehicles), after sub-paragraph (2) insert—
Parking regulations may repeal an Act if, or to the extent that, it prohibits the parking of motor vehicles on footways and verges, or any similar part of a road, whether or not a relevant highway as defined in paragraph 11, in England, or any part of England, outside Greater London.
This Schedule applies to the parking of—
motor vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994, and
motor vehicles belonging to, or used for the purposes of, a Minister of the Crown or Government department.
In this Schedule— “carriageway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “cycle track” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “English local transport authority” means— a local transport authority (which has the same meaning as in Part 2 of the Transport Act 2000 — see section 108(4) of that Act) in England, and the Council of the Isles of Scilly; “footway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “highway maintainable at the public expense” has the same meaning as in the Highways Act 1980 (see section 328 of that Act); “motor vehicle” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 136 to 140 of that Act); “parking” includes stopping (and “parked” is to be construed accordingly); “parking prohibition” means a prohibition on the parking of motor vehicles imposed by an English local transport authority through the exercise of a power conferred by parking regulations; “parking regulations” means regulations made under paragraph 1(1); “relevant highway” means any length of highway maintainable at the public expense, but does not include any special road; “special road” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act); “unitary district council” means the council for a non-metropolitan district for which there is no county council; “verge” means any part of a relevant highway which is not a carriageway, footway or cycle track.
Extension of the general power of competence to English National Park authorities and the Broads Authority
The Localism Act 2011 is amended in accordance with this Schedule.
Section 2 (boundaries of the general power) is amended as follows.
After subsection (2B) (inserted by Schedule 6) insert— .
After subsection (5) (inserted by Schedule 6) insert—
Section 4 (limits on doing things for commercial purpose in exercise of general power) is amended in accordance with this paragraph.
In subsections (1), (2) and (3), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority, or the Broads Authority,”.
Section 5 (powers to make supplemental provision) is amended in accordance with this paragraph.
In subsections (1), (3) and (4) after “CCAs” (inserted by Schedule 6) insert “, or English National Park authorities, or the Broads Authority,”.
In subsections (5)(a) and (b) and (7)(a) after “CCAs” (inserted by Schedule 6) insert “, or English National Park authorities”.
In subsection (5)(c), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority”.
After subsection (7) insert—
The Local Audit Office
Constitution, proceedings etc
In the Local Audit and Accountability Act 2014, after Schedule 1 insert—
Transitional provision
For the purpose of constituting the Local Audit Office—
the Secretary of State must nominate an individual to be the first Controller of Local Audit;
the nominated individual is to become an executive member of the Office;
the Office must employ that individual to serve as its chief officer; and
the individual’s position as executive member is then to continue under paragraph 4(2)(b) of Schedule 1A to the Local Audit and Accountability Act 2014 (inserted by paragraph 1 of this Schedule).
The Secretary of State may direct the Office as to the terms on which the nominated individual is to be employed.
The provision that may be made under section 108(9)(transitional or saving provision in relation to commencement) includes provision disapplying or modifying the duty of the Local Audit Office under paragraph 14(1)(a) and (2) (requirement for business plan) in relation to—
the financial year in which the Office is established, or
the following financial year.
The first corporate strategy of the Office must be published as soon as reasonably practicable after it is established.
The Secretary of State may make one or more schemes under which individuals employed by— become employees of the Local Audit Office.
the National Audit Office,
The Financial Reporting Council Limited (a company limited by guarantee with the registered number 02486368), or
Public Sector Audit Appointments Limited (a company limited by guarantee with the registered number 09178094),
A scheme under sub-paragraph (1) is referred to in this paragraph as a “staff transfer scheme”.
A staff transfer scheme may make—
provision applying or modifying, or dealing with the same subject-matter as, any provision of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);
supplementary, incidental or consequential provision.
A staff transfer scheme must allow each individual to whom it applies to choose not to become an employee of the Local Audit Office.
A scheme under sub-paragraph (1) may provide—
for the scheme to be modified by agreement after it comes into effect;
for any such modifications to have effect from the date when the original scheme comes into effect.
The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities from Public Sector Audit Appointments Limited (a company limited by guarantee with the registered number 09178094) (“PSAA”) to the Local Audit Office.
A scheme under sub-paragraph (1) is referred to in this paragraph as a “property transfer scheme”.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
A transfer scheme may—
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done by PSAA in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to PSAA in respect of anything transferred;
make provision for references to PSAA in an instrument or other document in respect of anything transferred to be treated as references to the Local Audit Office;
make provision for the shared ownership or use of property;
make other consequential, supplementary, incidental or transitional provision.
A transfer scheme may provide—
for modifications by agreement;
for modifications to have effect from the date when the original scheme came into effect.
In this paragraph, references to the transfer of property include the grant of a lease.
Application of other legislation
In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (establishments and organisations whose records are public records), at the appropriate place insert—
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert—
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies all members of which are disqualified), at the appropriate place insert—
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate place insert—
In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), under the heading “Regulators”, at the appropriate place insert—
Local audit: registration bodies, registered providers and qualifications
In the Local Audit and Accountability Act 2014, after Schedule 1A (inserted by Schedule 34 to this Act) insert—
Local audit: minor and consequential amendments
Amendments of the Local Audit and Accountability Act 2014
The Local Audit and Accountability Act 2014 is amended as follows.
In the heading of Part 3, at the end insert “: health service bodies”.
Section 7 (appointment of local auditor) is amended as follows.
In subsection (1), for “relevant authority” substitute “health service body”.
In subsection (2)—
in the words before paragraph (a), for “relevant authority” substitute “health service body”;
in paragraph (b), for “authority” substitute “body”.
In subsection (3), for “relevant authority” substitute “health service body”.
For subsection (5) substitute—
In subsection (6), in the words before paragraph (a), for “relevant authority” substitute “health service body”.
In subsection (7), for “under subsection (6)(b) or (c)” substitute “in accordance with subsection (6)”.
For subsection (8) substitute—
Section 8 (procedure for appointment) is amended as follows.
In subsection (1), for “relevant authority” substitute “health service body”.
In subsection (2)—
in the words before paragraph (a), for “relevant authority” substitute “health service body”;
in paragraph (c), for “period” substitute “financial year or years”.
In subsection (3)(a), for “relevant authority” substitute “health service body”.
In subsection (4)—
in the words before paragraph (a), for “relevant authority” substitute “health service body”;
omit paragraph (a).
In subsection (5), for “relevant authority” substitute “health service body”.
In subsection (6), for the words from “Schedule 3” to the end substitute “regulations under section 7(8)”.
In section 9 (auditor panels)—
in subsection (1), for “relevant authority” substitute “health service body”;
omit subsection (2).
Section 10 (functions of auditor panels) is amended as follows.
In subsection (1)—
for “relevant authority’s” substitute “health service body’s”;
for “authority” substitute “body”.
Omit subsections (2) and (3).
In subsection (4)—
for “relevant authority’s” substitute “health service body’s”;
for “authority” substitute “body”.
In subsection (5)(a), for “relevant authority” substitute “health service body”.
In subsection (6)—
for “relevant authority’s” substitute “health service body’s”;
for “authority”, in both places it occurs, substitute “body”.
In subsection (7), for “authority” substitute “health service body”.
In subsection (8)—
in paragraph (b)—
for “relevant authority’s” substitute “health service body’s”;
for “authority’s”, in the remaining place it occurs, substitute “body’s”;
in paragraph (c), for “relevant authority” substitute “health service body”.
In subsection (9), for “relevant authority” substitute “health service body”.
In subsection (10)—
in the words before paragraph (a), for “relevant authority” substitute “health service body”;
omit paragraph (a).
In subsection (11), for “relevant authority” substitute “health service body”.
In subsection (13), for “relevant authority” substitute “health service body”.
Omit section 11 (relationship of relevant authority other than health service body with auditor panel).
Omit section 12 (failure to appoint local auditor by relevant authority other than health service body).
Section 14 (limitation of local auditor’s liability) is amended as follows.
In subsection (1)—
for “relevant authority” substitute “health service body”;
for “authority”, in the remaining place it occurs, substitute “body”.
In subsection (6), for “relevant authority” substitute “health service body”.
After subsection (7) insert—
Omit section 15 (further provision about limitation of liability).
Section 16 (resignation and removal of local auditor) is amended as follows.
In subsection (1), in paragraphs (a) and (b), for “relevant authority” substitute “health service body”.
In subsection (2)—
in paragraph (c), for “relevant authority” substitute “health service body”;
in paragraph (d)—
for “authority’s” substitute “body’s”;
for “or of a recognised supervisory body” substitute “, the Local Audit Office or an external registration body”;
in paragraph (e), for “relevant authority” substitute “health service body”.
In subsection (3)—
in paragraph (d)—
for “relevant authority’s” substitute “health service body’s”;
for “or of a recognised supervisory body” substitute “, the Local Audit Office or an external registration body”;
in paragraph (e), for “relevant authority” substitute “health service body”.
In subsection (4), leave out the words from “, in” to “body,”.
In subsection (5)—
in paragraphs (a) and (b), for “Secretary of State” substitute “Local Audit Office”;
in paragraph (a), for “relevant authority” substitute “health service body”.
In subsection (7)—
for “a recognised supervisory body” substitute “the Local Audit Office or an external registration body”;
for “body by a relevant authority” substitute “Office or body by a health service body”.
Section 17 (appointment of auditor other than by audited body) is amended as follows.
In subsection (1), for “relevant authority” substitute “health service body”.
In subsection (3)—
in paragraph (a)—
for “relevant authorities” substitute “health service bodies”;
for “an authority” substitute “a body”;
in paragraph (c), for “relevant authorities” substitute “health service bodies”.
In subsection (6), for “relevant authority” substitute “health service body”.
In subsection (7), for “authority” substitute “health service body”.
In subsection (8)(a), for “relevant authority” substitute “health service body”.
In subsection (9), for “relevant authority” substitute “health service body”.
Omit Part 4 (eligibility and regulation of local auditors).
In section 23(3) (recovery of expenses in connection with obstruction offences), for the words from “from” to the end substitute “under section 32A, so far as they are not recovered by any other means.”
In section 26(3) (recovery of costs in connection with questioning by elector), for the words from “from” to the end substitute “under section 32A.”
In section 27(7) (recovery of costs in connection with objection by elector), for “from the relevant authority” substitute “under section 32A”.
In section 28(7) (recovery of costs in considering application for declaration of unlawfulness), for “from the relevant authority” substitute “under section 32A”.
In section 31(6) (recovery of costs in considering application for judicial review), for “from the relevant authority” substitute “under section 32A”.
In section 32(3) (consultation about proposed accounts and audit regulations)—
for paragraph (a) substitute— ;
for paragraph (c) substitute—
After section 32 insert—
After Part 5 insert—
In section 43(4) (orders and regulations subject to affirmative procedure)—
in paragraphs (d) and (e), for “smaller” substitute “category 2”;
after paragraph (f) insert— ;
after paragraph (h) insert— ;
after paragraph (i) insert— ;
after paragraph (j) insert— ;
omit paragraph (k);
in paragraph (l), for “that Schedule” substitute “Schedule 4”;
omit paragraph (m) (but not the “and” at the end).
After section 43 insert—
Section 44 (interpretation) is amended as follows.
In subsection (1)—
at the appropriate places insert— ; ; ; ; ;
for the definition of “recognised qualifying body” substitute— ;
omit the definition of “recognised supervisory body”.
Omit subsection (3).
In subsection (4), for “paragraph 8 of Schedule 4” substitute “section 43A”.
Omit Schedule 3 (further provision about appointment of local auditors).
Schedule 4 (auditor panels) is amended as follows.
In paragraph 1—
in sub-paragraph (1)—
in the words before paragraph (a), for “relevant authority (“R”)” substitute “health service body (“H”)”;
in paragraphs (a), (b) and (c), for “R” substitute “H”;
in paragraph (b), for “relevant authorities” substitute “health service bodies”;
in sub-paragraph (2)—
in the words before paragraph (a), and in paragraph (a), for “R” substitute “H”;
in paragraphs (a) and (b), for “R’s” substitute “H’s”;
in sub-paragraph (3)—
in paragraph (a), for “relevant authority other than R” substitute “health service body other than H”;
in paragraph (b), for “R” substitute “H”;
in paragraphs (b) and (c), “for “R’s” substitute “H’s”;
in paragraph (d), for “R” substitute “H”;
in sub-paragraph (4), for “R”, in both places it occurs, substitute “H”;
omit sub-paragraphs (5) and (6).
Omit paragraph 2 and the preceding italic heading.
Omit paragraph 3 and the preceding italic heading.
In paragraph 4—
in sub-paragraph (2)—
in the words before paragraph (a), omit the words from “further” to “and”;
after paragraph (b) insert— ;
in sub-paragraph (3)—
after “matters” insert “, except so far as relating to independence,”;
for “relevant authority’s” substitute “health service body’s”;
for “authority” substitute “body”.
Omit paragraph 6 and the preceding italic heading.
In paragraph 7, for “relevant authority” substitute “health service body”.
Omit paragraph 8 and the preceding italic heading.
Omit Schedule 5 (eligibility and regulation of local auditors).
Schedule 6 (codes of audit practice and guidance) is amended as follows.
In paragraph 2—
in sub-paragraph (1), for “Comptroller and Auditor General” substitute “Local Audit Office”;
in sub-paragraphs (2)(a) and (b) and (3), for “Comptroller and Auditor General” substitute “Office”.
In paragraph 3, for “Comptroller and Auditor General” substitute “Local Audit Office”.
In paragraph 4—
in sub-paragraph (1), for “Comptroller and Auditor General” substitute “Local Audit Office”;
in sub-paragraphs (3), (4), (5) and (6), for “Comptroller and Auditor General” substitute “Office”.
In paragraph 5—
in sub-paragraph (1), for “Comptroller and Auditor General” substitute “Local Audit Office”;
in sub-paragraphs (2), (5), (6) and (7), for “Comptroller and Auditor General”, in each place it occurs, substitute “Office”.
In paragraph 6(1), for “Comptroller and Auditor General” substitute “Local Audit Office”.
In paragraph 7, for “Comptroller and Auditor General”—
in the first place it occurs, substitute “Local Audit Office”;
in the second place it occurs, substitute “Office”.
Omit paragraph 8 and the preceding italic heading.
In paragraph 9(1), for “Comptroller and Auditor General” substitute “Local Audit Office”.
In paragraph 10—
in sub-paragraph (1), for “Comptroller and Auditor General” substitute “Local Audit Office”;
in sub-paragraph (4), for “Comptroller and Auditor General”, in each place it occurs, substitute “Office”.
Schedule 7 (reports and recommendations) is amended as follows.
In paragraph 1, for sub-paragraphs (5) and (6) substitute—
In paragraph 2—
in sub-paragraph (3), after paragraph (a) insert— ;
for sub-paragraphs (4) and (5) substitute—
In paragraph 3(2), after paragraph (a) insert— .
In Schedule 8 (advisory notices), in paragraph 3, for sub-paragraphs (5) and (6) substitute—
In Schedule 11 (disclosure of information), in paragraph 1, for sub-paragraph (3) substitute—
In Schedule 12 (related amendments), omit paragraph 78 and the preceding italic heading.
Omit Schedule 13 (transitional provision concerning NHS bodies).
Other amendments
In section 2(1A) of the Local Government, Planning and Land Act 1980 (application of duty to publish information to smaller authorities), in paragraph (c), for “smaller” substitute “category 2”.
In Part 1 of Schedule 11A to the Companies Act 2006 (persons to whom audit-related information may be disclosed free from the restriction in section 1224A of that Act), for paragraphs 17A to 17D substitute—
LDEDCA 2009 is amended as follows.
In section 104(9) (which introduces Schedule 5A), omit “and audit committees”.
In section 104(9A) (which is inserted by Schedule 5 to this Act and introduces Schedule 5AA to LDEDCA 2009), omit “and audit committees”.
In Schedule 5A (overview and scrutiny committees and audit committees of combined authorities)—
in the heading, omit “and audit committees”;
omit paragraph 4 and the preceding italic heading.
In Schedule 5AA (inserted by Schedule 5 to this Act)—
in the heading, omit “and audit committee”;
omit paragraph 9 and the preceding italic heading.
LURA 2023 is amended as follows.
In section 15(1A) (which is inserted by Schedule 4 to this Act and introduces Schedule 1A to LURA 2023), omit “and audit committees”.
In section 70 (which amends Schedule 5A to LDEDCA 2009), omit subsection (1)(b).
In Schedule 1 (overview and scrutiny committees and audit committees of combined county authorities)—
in the heading, omit “and audit committee”;
omit paragraph 4 and the preceding italic heading.
In Schedule 1A (inserted by Schedule 4 to this Act)—
in the heading, omit “and audit committee”;
omit paragraph 9 and the preceding italic heading.
Business tenancies: rent reviews and arrangements for new tenancies
The Landlord and Tenant Act 1954 is amended in accordance with this Schedule.
Before Schedule 8 of the Landlord and Tenant Act 1954 insert—
In section 56 (application to the Crown), after subsection (6) insert—