English Devolution and Community Empowerment Act 2026

Schedule 11 Key route network roads

Section 29 Part 1 Designation and directions Designation of key route network roads: CCAs 1 (1) Section 24 of LURA 2023 (designation of key route network roads) is amended in accordance with this paragraph. (2) For subsection (1) substitute— (1) A CCA has the power to— (a) designate a highway or proposed highway in its area as a key route network road, or (b) remove its designation as a key route network road. (1A) In the case of a mayoral CCA— (a) that power is a power of the CCA exercisable only by the mayor on behalf of the CCA; (b) the mayor may not designate a highway or proposed highway unless— (i) the mayor has prepared a proposal to designate it (a “proposed designation”), and (ii) the CCA has passed a resolution approving the proposed designation; (c) if there is no highway or proposed highway in the CCA’s area that is designated as a key route network road, the mayor must prepare a proposed designation in relation to at least one highway or proposed highway. (1B) In the case of a non-mayoral CCA, the CCA may only exercise that power with the consent of each constituent council in whose area the highway or proposed highway is. (3) In subsection (2), for paragraphs (a) to (c) substitute— (d) the mayor of a CCA, in the case of a mayoral CCA; (e) the CCA or a constituent council, in the case of a non-mayoral CCA. (4) For subsection (5) substitute— (5) A CCA must maintain, and publish on its website, a record of the roads in its area which are key route network roads. Designation of key route network roads: combined authorities 2 (1) Section 107ZA of LDEDCA 2009 (designation of key route network roads) is amended in accordance with this paragraph. (2) For subsection (1) substitute— (1) A combined authority has the power to— (a) designate a highway or proposed highway in its area as a key route network road, or (b) remove its designation as a key route network road. (1A) In the case of a mayoral combined authority— (a) that power is a power of the combined authority exercisable only by the mayor on behalf of the combined authority; (b) the mayor may not designate a highway or proposed highway unless— (i) the mayor has prepared a proposal to designate it (a “proposed designation”), and (ii) the combined authority has passed a resolution approving the proposed designation; (c) if there is no highway or proposed highway in the combined authority’s area that is designated as a key route network road, the mayor must prepare a proposed designation in relation to at least one highway or proposed highway. (1B) In the case of a non-mayoral combined authority, the combined authority may only exercise that power with the consent of each constituent council in whose area the highway or proposed highway is. (3) In subsection (2), for paragraphs (a) to (c) substitute— (d) the mayor of a combined authority, in the case of a mayoral combined authority; (e) the combined authority or a constituent council, in the case of a non-mayoral combined authority. (4) For subsection (5) substitute— (5) A combined authority must maintain, and publish on its website, a record of the roads in its area which are key route network roads. Power of direction: CCAs 3 (1) Section 22 of LURA 2023 (directions relating to highways and traffic functions) is amended in accordance with this paragraph. (2) For the heading substitute “Highways and traffic functions: regulations conferring power to give directions”. (3) For subsection (1) substitute— (1) The Secretary of State may by regulations— (a) confer on a non-mayoral CCA a power to give a direction about the exercise of an eligible power; (b) confer on a mayoral CCA a power to give a direction about the exercise of an eligible power in relation to roads that are not key route network roads (see section 24). (4) For subsection (6) substitute— (6) In subsection (5) “road”— (a) in the case of a power of direction under subsection (1)(a), has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984; (b) in the case of a power of direction under subsection (1)(b), means a road that is not a key route network road; (c) in either case, does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991. (5) After subsection (9) insert— (9A) Before giving a direction under this section, a mayor or CCA must have regard to the following— (a) the network management duty imposed by section 16 of the Traffic Management Act 2004; (b) the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty); (c) any guidance issued under section 18 of that Act; (d) any guidance issued under section 55 of this Act. (9B) On the day on which a mayor or CCA gives a direction under this section, the mayor or CCA must publish a copy of the direction in such manner as the mayor or CCA considers appropriate. (9C) If a mayor of a CCA gives a direction under this section, the mayor must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction). In a case where works are carried out in complying with the direction, the costs are those incurred to carry out those works or during the period that ends 12 months after completion of those works. (6) In subsection (11), omit “Except as provided for by section 24(7),”. 4 After section 23 insert— Highways and traffic functions: directions by mayors 23A (1) A mayoral CCA may give a direction about the exercise of— (a) an eligible power, or (b) a street authority or permit authority power, in respect of a particular key route network road or a description of roads which are all key route network roads. (2) The power under this section to give a direction is exercisable only by the mayor for the area of a CCA on behalf of the CCA. (3) A direction under this section must relate only to the exercise of a relevant power— (a) by a constituent council of the CCA, and (b) in— (i) the area of the CCA, and (ii) the area of the constituent council. (4) Any direction given by virtue of this section— (a) must be given in writing and may be varied or revoked by a further direction in writing, and (b) may make different provision for different cases and different provision for different areas. (5) Before giving a direction under this section, a mayor must have regard to the following— (a) the network management duty imposed by section 16 of the Traffic Management Act 2004; (b) the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty); (c) any guidance issued under section 18 of that Act; (d) any guidance issued under section 55 of this Act. (6) On the day on which a mayor gives a direction under this section, the mayor must publish a copy of the direction in such manner as the mayor considers appropriate. (7) A mayor who gives a direction under this section must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction). (8) In a case where works are carried out in complying with the direction, the costs of the works are those incurred— (a) before or while carrying out the works, or (b) during the period that ends 12 months after completion of the works. (9) In this section— “eligible power” means a power of a county council or a unitary district council which the council has— as highway authority by virtue of section 1 of the Highways Act 1980, or as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984; “power”, in the definition of “eligible power” or street authority or permit authority power, does not include a duty; “relevant power” means— an eligible power, or a street authority or permit authority power; “street authority or permit authority power” means a power of a county council or a unitary district council which the council has— as a street authority by virtue of section 49 of the New Roads and Street Works Act 1991, or under section 33 or 33A of the Traffic Management Act 2004 or under a permit scheme prepared under section 33 of that Act. Contraventions of section 23A 23B (1) If an authority exercises any power in contravention of a direction under section 23A, the CCA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power. (2) For the purposes of subsection (1), the CCA has power to exercise any power of the authority subject to the direction on behalf of that authority. (3) Any reasonable expenses incurred by the CCA in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt. Power of direction: combined authorities 5 (1) Section 104 of LDEDCA 2009 (constitution and functions: transport) is amended in accordance with this paragraph. (2) After subsection (3) insert— (3A) In its application by virtue of this section, the Local Transport Act 2008 has effect with the modifications set out in subsections (3B) and (3C). (3B) Section 88 (conferral of a power to direct) has effect as if— (a) for subsection (1) there were substituted— (1) The Secretary of State may by regulations— (a) confer on a non-mayoral combined authority a power to give a direction about the exercise of an eligible power; (b) confer on a mayoral combined authority a power to give a direction about the exercise of an eligible power in relation to roads that are not key route network roads (see section 107ZA). ; (b) for subsection (7) there were substituted— (7) In subsection (6) “road”— (a) in the case of a power of direction under subsection (1)(a), has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984; (b) in the case of a power of direction under subsection (1)(b), means a road that is not a key route network road; (c) in either case, does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991. (3C) The Act has effect as if the following were inserted after section 89— Highways and traffic functions: directions by mayors 89ZA (1) A mayoral combined authority may give a direction about the exercise of— (a) an eligible power, or (b) a street authority or permit authority power, in respect of a particular key route network road or a description of roads which are all key route network roads. (2) The power under this section to give a direction is exercisable only by the mayor for the area of a combined authority on behalf of the combined authority. (3) A direction under this section must relate only to the exercise of a relevant power— (a) by a constituent council of the combined authority; (b) in— (i) the area of the combined authority, and (ii) the area of the constituent council. (4) Any direction given under this section— (a) must be given in writing and may be varied or revoked by a further direction in writing, and (b) may make different provision for different cases and different provision for different areas. (5) Before giving a direction under this section, a mayor must have regard to the following— (a) the network management duty imposed by section 16 of the Traffic Management Act 2004; (b) the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty); (c) any guidance issued under section 18 of that Act; (d) any guidance issued under section 118 of the Local Democracy, Economic Development and Construction Act 2009. (6) On the day on which a mayor gives a direction under this section, the mayor must publish a copy of the direction in such manner as the mayor considers appropriate. (7) A mayor who gives a direction under this section must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction). (8) In a case where works are carried out in complying with the direction, the costs of the works are those incurred— (a) before or while carrying out the works, or (b) during the period that ends 12 months after completion of the works. (9) The following provisions of this Act apply in relation to a combined authority as they apply in relation to an ITA on whom functions of a kind described in section 88 are conferred— (a) section 88(10) (provisions about directions); (b) section 89(2) and (3) (power to remedy contravention of direction). (10) In this section— “eligible power” means a power of a county council or a unitary district council which the council has— as highway authority by virtue of section 1 of the Highways Act 1980, or as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984; “power”, in the definition of “eligible power” or street authority or permit authority power, does not include a duty; “relevant power” means— an eligible power, or a street authority or permit authority power; “street authority or permit authority power” means a power of a county council or a unitary district council which the council has— as a street authority by virtue of section 49 of the New Roads and Street Works Act 1991, or under section 33 or 33A of the Traffic Management Act 2004 or under a permit scheme prepared under section 33 of that Act. Contraventions of section 89ZA 89ZB (1) If an authority (the “defaulting authority”) exercises any power in contravention of a direction under section 89ZA given by a combined authority (the “CA”), the CA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power. (2) For the purposes of subsection (1), the CA has power to exercise any power of the defaulting authority on behalf of that authority. (3) Any reasonable expenses incurred by the CA in taking any steps under subsection (1) are recoverable from the defaulting authority as a civil debt. (3) In subsection (10), omit “Except as provided for by section 107ZA(7),”. Consequential amendments 6 (1) In section 107ZA LDEDCA 2009— (a) omit subsections (7) and (8); (b) in subsection (9), omit the definition of “eligible power”. (2) In section 107D(9), omit “Except as provided for by section 107ZA(7),”. 7 (1) In section 24 LURA 2023— (a) omit subsections (7) and (8); (b) in subsection (9), omit the definition of “eligible power”. (2) In section 30(11), omit “Except as provided for by section 24(7),”. Part 2 Transfer of duty of principal councils to make reports on Key Route Network roads Introduction 8 The Road Traffic Reduction Act 1997 is amended in accordance with this Part of this Schedule. New duty of mayoral combined authorities and CCAs 9 After section 2 insert— Duty of mayoral combined authorities and CCAs to make reports 2A (1) It is the duty of every mayoral combined authority and every mayoral CCA to prepare, at such time or times as the Secretary of State may direct, a report containing— (a) an assessment of the levels of local road traffic using key route network roads in the area, and (b) a forecast of the growth in those levels. (2) Subject to subsection (5), the report must also specify targets for— (a) a reduction in the levels of local road traffic using key route network roads in the area, or (b) a reduction in the rate of growth in the levels of such traffic. (3) The report must also contain any other information or proposals which— (a) relate to levels of local road traffic using key route network roads in the area, and (b) are required by guidance under subsection (6). (4) The report— (a) may specify different targets for different parts of the area or for different classes of local road traffic using key route network roads, and (b) may specify targets— (i) under subsection (2)(a) in relation to certain classes of local road traffic using key route network roads, or in relation to part of the area, and (ii) under subsection (2)(b) in relation to other classes of local road traffic using key route network roads or in relation to another part of the area. (5) A mayoral combined authority or mayoral CCA is not obliged to specify targets under subsection (2)(a) or (b) in relation to the area, or in relation to any part of the area, if they consider it inappropriate to do so, but in that case the report must state— (a) that the authority considers it inappropriate to do so, and (b) the authority’s reasons for so considering. (6) The Secretary of State may issue guidance to mayoral combined authorities and mayoral CCAs in relation to— (a) the preparation and content of reports under this section, and (b) consultation in connection with the preparation of such reports; and a mayoral combined authority or mayoral CCA must have regard to any guidance when preparing a report. (7) Where a mayoral combined authority or mayoral CCA has prepared a report under this section the authority must— (a) send the report to the Secretary of State, and (b) publish a copy of the report in such manner as the authority considers appropriate. (8) The Secretary of State must lay a copy of every report received under subsection (7)(a) before each House of Parliament. (9) In this section “the area”, in relation to a mayoral combined authority or mayoral CCA, means that authority’s area. Consequential amendments 10 In section 1 (interpretation)— (a) before the definition of “local implementation plan” insert— “constituent council” means— in relation to a mayoral combined authority— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a mayoral CCA— a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; and here “unitary district council” means the council for a district for which there is no county council; “key route network road” means a highway or proposed highway designated for the time being as a key route network road— by a mayoral combined authority under section 107ZA of the Local Democracy, Economic Development and Construction Act 2009, or by a mayoral CCA under section 24 of the Levelling-up and Regeneration Act 2023; ; (b) after the definition of “London council” insert— “mayoral CCA” has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 57 of that Act); “mayoral combined authority” has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 120 of that Act; . 11 In section 2 (duty of principal councils to make reports), after subsection (4) insert— (4ZA) If a principal council is a constituent council of a mayoral combined authority or mayoral CCA, the duty imposed on the council by subsection (1) does not apply to the levels of local road traffic using key route network roads in the council’s area.