English Devolution and Community Empowerment Act 2026
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Schedule 12 Local transport authorities and other transport functions
Section 31 Transport Act 2000 1 The Transport Act 2000 is amended in accordance with paragraphs 2 to 15. 2 In section 108 (local transport plans)— (a) in subsection (4)(cb), omit “established under section 9(1) of the Levelling-up and Regeneration Act 2023”; (b) after subsection (4) insert— (4A) A county council or a council of a non-metropolitan district is not a local transport authority where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year. (4B) Where a local transport authority is a mayoral combined authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority. (4C) Where a local transport authority is a mayoral CCA, the functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority. 3 In section 109 (further provision about plans: England), after subsection (4) insert— (4A) Where a local transport authority is a mayoral combined authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority. (4B) Where a local transport authority is a mayoral CCA, the functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority. 4 After section 109 insert— Combined authorities and combined county authorities: adoption of local transport plans 109ZA (1) This section applies where a local transport authority is a combined authority or a combined county authority. (2) The local transport plan prepared by the authority in accordance with section 108, and any review or alteration to the plan, only becomes operative once it is adopted by the authority. (3) In the case of a non-mayoral combined authority or non-mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority. (4) In the case of a mayoral combined authority or mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority— (a) of the relevant members present and voting on that resolution at a meeting of the authority, (b) which includes the mayor, or the deputy mayor acting in place of the mayor. (5) But if— (a) the office of mayor is vacant, and (b) there is no deputy mayor, or the deputy mayor is unable to act in place of the mayor, the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority. (6) In the case of a resolution by a non-mayoral combined authority or non-mayoral CCA— (a) each constituent member has one vote; (b) in the case of a tied vote— (i) no person has a casting vote; and (ii) the authority must be regarded as having disagreed to the question that the decision should be made. (7) In the case of a resolution by a mayoral combined authority or mayoral CCA— (a) each relevant member has one vote; (b) in the event of a tied vote then (unless it is a case where subsection (5) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have). (8) In the case of a non-mayoral combined authority or non-mayoral CCA, the adoption of a local transport plan requires the consent of all constituent councils. (9) In this section— “constituent member”, in relation to a combined authority or combined county authority— means a person appointed by a constituent council to be a member of the authority; and also includes a person acting as a member of the authority in the absence of such a member; and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority); “relevant member” in relation to a mayoral combined authority or mayoral CCA means— a constituent member or the mayor, and also includes the deputy mayor acting in place of the mayor. 5 In section 112 (plans and strategies: supplementary), after subsection (2) insert— (3) Where a local transport authority is a mayoral combined authority, references in this section to the local transport authority are to the mayor acting on behalf of the combined authority. (4) Where a local transport authority is a mayoral combined county authority, references in this section to the local transport authority are to the mayor acting on behalf of the combined county authority. 6 In section 113F (advanced quality partnership schemes: traffic regulation orders)— (a) in subsection (1)(b), for “metropolitan district council” substitute “local highway authority”; (b) in subsection (3)— (i) in the opening words, for “metropolitan district council” substitute “local highway authority”; (ii) in paragraph (a), for “metropolitan district council” substitute “local highway authority”. 7 In section 113M (variation: supplementary), in subsection (7)(a), for “metropolitan district council” substitute “local highway authority”. 8 In section 113O (guidance about schemes), in subsection (1), for “metropolitan district councils” substitute “local highway authorities”. 9 In section 114 (quality partnership schemes), in subsection (7)(b), for “metropolitan district council for the district” substitute “local highway authority for the local authority area”. 10 In section 121 (variation: supplementary), in subsection (7)(a), for “metropolitan district council” substitute “local highway authority”. 11 In section 123 (guidance about schemes), in subsection (1), for “metropolitan district councils” substitute “local highway authorities”. 12 In section 138B (further parties to a scheme)— (a) in subsection (2)(b), for “metropolitan district council for the district” substitute “local highway authority for the local authority area”; (b) in subsection (5), for “metropolitan district council” substitute “local highway authority”. 13 In section 138N (variation: supplementary), in subsection (7)(a), for “metropolitan district council” substitute “local highway authority”. 14 In section 146 (mandatory concessions: supplementary)— (a) the existing text becomes subsection (1); (b) in that subsection, in the definition of “travel concession authority”, after paragraph (c) insert— (cza) a combined authority, (czb) a combined county authority, ; (c) after that subsection insert— (2) A county council or a council of a non-metropolitan district is not a travel concession authority for the purposes of this Part where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year. 15 In section 162 (interpretation of Part 2), in subsection (1), in the appropriate places insert the following definitions— “local highway authority” has the meaning given in section 329(1) of the Highways Act 1980, ; “non-mayoral CCA” means a combined county authority that is not a mayoral CCA, ; “non-mayoral combined authority” means a combined authority that is not a mayoral combined authority, . Transport Act 1985 16 The Transport Act 1985 is amended in accordance with paragraphs 17 to 21. 17 In section 63 (functions of local councils with respect to passenger transport in areas other than integrated transport areas and passenger transport areas)— (a) in subsection (4), for “non-metropolitan district council in England” substitute “district council in England or a relevant county council”; (b) after subsection (8) insert— (8B) Where the whole or any part of the area of a county council in England falls within the area of a combined authority or a combined county authority, references in this section to the council are— (a) where the combined authority or combined county authority has completed its first full financial year, references to the combined authority or combined county authority (instead of to the council), and (b) until that time, references to the combined authority or combined county authority as well as to the council. (8C) Subsection (8B) does not apply to any such references in subsection (4) or (9A). ; (c) after subsection (9) insert— (9A) A “relevant county council” for the purposes of subsection (4) is a county council in England the whole or any part of whose area falls within the area of a combined authority or a combined county authority. 18 In section 65 (co-operation between certain councils and London regional transport), after subsection (3) insert— (3A) Where the whole or any part of the area of a county council in England falls within the area of a combined authority or a combined county authority, references in this section to the council are— (a) where the combined authority or combined county authority has completed its first full financial year, references to the combined authority or combined county authority (instead of to the council), and (b) until that time, references to the combined authority or combined county authority as well as to the council. 19 In section 88 (expenditure on public passenger transport services), in subsection (8)— (a) omit the “and” at the end of paragraph (b), (b) after that paragraph insert— (ba) combined authorities, (bb) combined county authorities, and . 20 In section 93 (travel concession schemes), after subsection (8) insert— (8A) A county council or a council of a non-metropolitan district is not a local authority for the purposes of this section where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year. 21 In section 105 (travel concessions on services provided by local authorities)— (a) in subsection (1), after “Scotland” insert “, or a combined authority or a combined county authority,”; (b) in subsection (2), after “such council” insert “or authority”; (c) in subsection (3), after “council” insert “or authority”; (d) after subsection (3) insert— (4) The power under subsection (1) does not apply to a county or district council where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year.
Schedule 12 Local transport authorities and other transport functions
Section 31 Transport Act 2000 1 The Transport Act 2000 is amended in accordance with paragraphs 2 to 15. 2 In section 108 (local transport plans)— (a) in subsection (4)(cb), omit “established under section 9(1) of the Levelling-up and Regeneration Act 2023”; (b) after subsection (4) insert— (4A) A county council or a council of a non-metropolitan district is not a local transport authority where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year. (4B) Where a local transport authority is a mayoral combined authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority. (4C) Where a local transport authority is a mayoral CCA, the functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority. 3 In section 109 (further provision about plans: England), after subsection (4) insert— (4A) Where a local transport authority is a mayoral combined authority, the functions of the combined authority under this section are exercisable only by the mayor acting on behalf of the combined authority. (4B) Where a local transport authority is a mayoral CCA, the functions of the combined county authority under this section are exercisable only by the mayor acting on behalf of the combined county authority. 4 After section 109 insert— Combined authorities and combined county authorities: adoption of local transport plans 109ZA (1) This section applies where a local transport authority is a combined authority or a combined county authority. (2) The local transport plan prepared by the authority in accordance with section 108, and any review or alteration to the plan, only becomes operative once it is adopted by the authority. (3) In the case of a non-mayoral combined authority or non-mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority. (4) In the case of a mayoral combined authority or mayoral CCA, a resolution to adopt the strategy is to be made by a simple majority— (a) of the relevant members present and voting on that resolution at a meeting of the authority, (b) which includes the mayor, or the deputy mayor acting in place of the mayor. (5) But if— (a) the office of mayor is vacant, and (b) there is no deputy mayor, or the deputy mayor is unable to act in place of the mayor, the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority. (6) In the case of a resolution by a non-mayoral combined authority or non-mayoral CCA— (a) each constituent member has one vote; (b) in the case of a tied vote— (i) no person has a casting vote; and (ii) the authority must be regarded as having disagreed to the question that the decision should be made. (7) In the case of a resolution by a mayoral combined authority or mayoral CCA— (a) each relevant member has one vote; (b) in the event of a tied vote then (unless it is a case where subsection (5) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have). (8) In the case of a non-mayoral combined authority or non-mayoral CCA, the adoption of a local transport plan requires the consent of all constituent councils. (9) In this section— “constituent member”, in relation to a combined authority or combined county authority— means a person appointed by a constituent council to be a member of the authority; and also includes a person acting as a member of the authority in the absence of such a member; and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority); “relevant member” in relation to a mayoral combined authority or mayoral CCA means— a constituent member or the mayor, and also includes the deputy mayor acting in place of the mayor. 5 In section 112 (plans and strategies: supplementary), after subsection (2) insert— (3) Where a local transport authority is a mayoral combined authority, references in this section to the local transport authority are to the mayor acting on behalf of the combined authority. (4) Where a local transport authority is a mayoral combined county authority, references in this section to the local transport authority are to the mayor acting on behalf of the combined county authority. 6 In section 113F (advanced quality partnership schemes: traffic regulation orders)— (a) in subsection (1)(b), for “metropolitan district council” substitute “local highway authority”; (b) in subsection (3)— (i) in the opening words, for “metropolitan district council” substitute “local highway authority”; (ii) in paragraph (a), for “metropolitan district council” substitute “local highway authority”. 7 In section 113M (variation: supplementary), in subsection (7)(a), for “metropolitan district council” substitute “local highway authority”. 8 In section 113O (guidance about schemes), in subsection (1), for “metropolitan district councils” substitute “local highway authorities”. 9 In section 114 (quality partnership schemes), in subsection (7)(b), for “metropolitan district council for the district” substitute “local highway authority for the local authority area”. 10 In section 121 (variation: supplementary), in subsection (7)(a), for “metropolitan district council” substitute “local highway authority”. 11 In section 123 (guidance about schemes), in subsection (1), for “metropolitan district councils” substitute “local highway authorities”. 12 In section 138B (further parties to a scheme)— (a) in subsection (2)(b), for “metropolitan district council for the district” substitute “local highway authority for the local authority area”; (b) in subsection (5), for “metropolitan district council” substitute “local highway authority”. 13 In section 138N (variation: supplementary), in subsection (7)(a), for “metropolitan district council” substitute “local highway authority”. 14 In section 146 (mandatory concessions: supplementary)— (a) the existing text becomes subsection (1); (b) in that subsection, in the definition of “travel concession authority”, after paragraph (c) insert— (cza) a combined authority, (czb) a combined county authority, ; (c) after that subsection insert— (2) A county council or a council of a non-metropolitan district is not a travel concession authority for the purposes of this Part where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year. 15 In section 162 (interpretation of Part 2), in subsection (1), in the appropriate places insert the following definitions— “local highway authority” has the meaning given in section 329(1) of the Highways Act 1980, ; “non-mayoral CCA” means a combined county authority that is not a mayoral CCA, ; “non-mayoral combined authority” means a combined authority that is not a mayoral combined authority, . Transport Act 1985 16 The Transport Act 1985 is amended in accordance with paragraphs 17 to 21. 17 In section 63 (functions of local councils with respect to passenger transport in areas other than integrated transport areas and passenger transport areas)— (a) in subsection (4), for “non-metropolitan district council in England” substitute “district council in England or a relevant county council”; (b) after subsection (8) insert— (8B) Where the whole or any part of the area of a county council in England falls within the area of a combined authority or a combined county authority, references in this section to the council are— (a) where the combined authority or combined county authority has completed its first full financial year, references to the combined authority or combined county authority (instead of to the council), and (b) until that time, references to the combined authority or combined county authority as well as to the council. (8C) Subsection (8B) does not apply to any such references in subsection (4) or (9A). ; (c) after subsection (9) insert— (9A) A “relevant county council” for the purposes of subsection (4) is a county council in England the whole or any part of whose area falls within the area of a combined authority or a combined county authority. 18 In section 65 (co-operation between certain councils and London regional transport), after subsection (3) insert— (3A) Where the whole or any part of the area of a county council in England falls within the area of a combined authority or a combined county authority, references in this section to the council are— (a) where the combined authority or combined county authority has completed its first full financial year, references to the combined authority or combined county authority (instead of to the council), and (b) until that time, references to the combined authority or combined county authority as well as to the council. 19 In section 88 (expenditure on public passenger transport services), in subsection (8)— (a) omit the “and” at the end of paragraph (b), (b) after that paragraph insert— (ba) combined authorities, (bb) combined county authorities, and . 20 In section 93 (travel concession schemes), after subsection (8) insert— (8A) A county council or a council of a non-metropolitan district is not a local authority for the purposes of this section where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year. 21 In section 105 (travel concessions on services provided by local authorities)— (a) in subsection (1), after “Scotland” insert “, or a combined authority or a combined county authority,”; (b) in subsection (2), after “such council” insert “or authority”; (c) in subsection (3), after “council” insert “or authority”; (d) after subsection (3) insert— (4) The power under subsection (1) does not apply to a county or district council where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year.
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