English Devolution and Community Empowerment Act 2026
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Change 1
Schedule 19 Housing accommodation
Section 37 Introduction 1 The Housing Act 1985 is amended in accordance with this Schedule. Periodical review of housing needs 2 (1) Section 8 is amended in accordance with this paragraph. (2) After subsection (1) insert— (1A) Every— (a) combined authority, (b) CCA, and (c) two-tier county council that is a strategic authority, must consider housing conditions in its area and the needs of its area with respect to the provision of further housing accommodation. (1B) But if a local housing authority has complied with the duty imposed by subsection (1) in relation to a part of the area of a combined authority, CCA or two-tier county council, that strategic authority— (a) does not need to comply with the duty imposed by subsection (1A) in relation to that part of its area; and (b) may rely on the local housing authority’s consideration of the matters referred to in subsection (1) as if it were the strategic authority’s own consideration of those matters. (3) In subsection (2) for “that purpose the authority” substitute “the purpose of subsection (1) or (1A), a local housing authority or combined authority, CCA or county council”. (4) In subsection (3)— (a) after “England,” insert “or a combined authority, CCA or county council,”; (b) after “district” insert “, or area,”. Provision of housing accommodation 3 (1) Section 9 is amended in accordance with this paragraph. (2) 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”. (3) In subsection (4), for “A local housing authority” substitute “An authority”. (4) In subsection (5), for “a local housing authority” substitute “an authority”. Provision of board and laundry facilities 4 (1) Section 11 is amended in accordance with this paragraph. (2) In subsection (1), for the words before paragraph (a) substitute— (1) A local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority may provide in connection with the provision of housing accommodation under this Part (whether it is provided by that authority or another authority)— (3) In subsection (4), for “A local housing authority” substitute “An authority”. Provision of shops, recreation grounds, etc 5 (1) Section 12 is amended in accordance with this paragraph. (2) In subsection (1), for the words before paragraph (a) substitute— (1) A local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority may, with the consent of the Secretary of State, provide and maintain in connection with housing accommodation provided under this Part (whether it is provided by that authority or another authority)— . (3) In subsection (3), for “the local housing authority” substitute “the authority”. Acquisition of land for housing purposes 6 (1) Section 17 is amended in accordance with this paragraph. (2) In subsection (1), after “local housing authority” insert “, a combined authority or CCA, or a two-tier county council that is a strategic authority”. (3) In subsection (3), after “local housing authority” insert “, combined authority or CCA, or two-tier county council that is a strategic authority”. (4) In subsection (4)— (a) after “local housing authority” insert “, combined authority or CCA, or two-tier county council that is a strategic authority”; (b) for “an authority” substitute “a local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority”. (5) After subsection (4) insert— (5) Section 17A makes provision about the exercise of the function of acquiring land compulsorily under an authorisation under section 17(3) conferred on a combined authority or CCA or two-tier county council that is a strategic authority. (6) After section 17 insert— Compulsory acquisition of land by strategic authorities 17A (1) This section applies to the exercise of the compulsory acquisition function of combined authorities, CCAs and two-tier county councils that are strategic authorities. (2) In the case of a mayoral combined authority or mayoral CCA, the compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA. (3) In the case of a mayoral combined authority, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any National Park authority; (c) the Broads Authority. (4) In the case of a mayoral CCA, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any district council with the area of the CCA that is not a constituent council; (c) any National Park authority; (d) the Broads Authority. (5) In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any National Park authority; (c) the Broads Authority; and consent of a constituent council must be given at a meeting of the combined authority. (6) In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any district council within the area of the CCA that is not a constituent council; (c) any National Park authority; (d) the Broads Authority; and consent of a constituent council must be given at a meeting of the CCA. (7) In the case of a two-tier county council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) any district council within the area of the county council; (b) any National Park authority; (c) the Broads Authority. (8) In this section “compulsory acquisition function” means the function of acquiring land compulsorily under an authorisation under section 17(3). Duties with respect to buildings acquired for housing purposes 7 (1) Section 18 is amended in accordance with this paragraph. (2) In subsection (1), after “local housing authority” insert “, a combined authority or CCA, or a two-tier county council that is a strategic authority”. (3) In subsection (2), after “local housing authority” insert “, a combined authority or CCA, or a two-tier county council that is a strategic authority”. Interpretation 8 In section 56 (minor definitions), in subsection (1)— (a) at the appropriate place insert— “CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023; “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; “constituent council” means— in relation to a 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 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; ; (b) at the appropriate place insert— “mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); ; (c) at the appropriate place insert— “non-mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “non-mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); ; (d) at the appropriate place insert— “two-tier county council that is a strategic authority” means a county council whose area includes the areas of district councils that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026. . 9 In section 57 (index of defined expressions)— (a) at the appropriate place insert— CCA | section 56 combined authority | section 56 ; (b) at the appropriate place insert— constituent council | section 56 ; (c) at the appropriate place insert— mayoral CCA | section 56 mayoral combined authority | section 56 ; (d) at the appropriate place insert— non-mayoral CCA | section 56 non-mayoral combined authority | section 56 ; (e) at the appropriate place insert— “two-tier county council that is a strategic authority” | section 56 .
Schedule 19 Housing accommodation
Section 37 Introduction 1 The Housing Act 1985 is amended in accordance with this Schedule. Periodical review of housing needs 2 (1) Section 8 is amended in accordance with this paragraph. (2) After subsection (1) insert— (1A) Every— (a) combined authority, (b) CCA, and (c) two-tier county council that is a strategic authority, must consider housing conditions in its area and the needs of its area with respect to the provision of further housing accommodation. (1B) But if a local housing authority has complied with the duty imposed by subsection (1) in relation to a part of the area of a combined authority, CCA or two-tier county council, that strategic authority— (a) does not need to comply with the duty imposed by subsection (1A) in relation to that part of its area; and (b) may rely on the local housing authority’s consideration of the matters referred to in subsection (1) as if it were the strategic authority’s own consideration of those matters. (3) In subsection (2) for “that purpose the authority” substitute “the purpose of subsection (1) or (1A), a local housing authority or combined authority, CCA or county council”. (4) In subsection (3)— (a) after “England,” insert “or a combined authority, CCA or county council,”; (b) after “district” insert “, or area,”. Provision of housing accommodation 3 (1) Section 9 is amended in accordance with this paragraph. (2) 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”. (3) In subsection (4), for “A local housing authority” substitute “An authority”. (4) In subsection (5), for “a local housing authority” substitute “an authority”. Provision of board and laundry facilities 4 (1) Section 11 is amended in accordance with this paragraph. (2) In subsection (1), for the words before paragraph (a) substitute— (1) A local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority may provide in connection with the provision of housing accommodation under this Part (whether it is provided by that authority or another authority)— (3) In subsection (4), for “A local housing authority” substitute “An authority”. Provision of shops, recreation grounds, etc 5 (1) Section 12 is amended in accordance with this paragraph. (2) In subsection (1), for the words before paragraph (a) substitute— (1) A local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority may, with the consent of the Secretary of State, provide and maintain in connection with housing accommodation provided under this Part (whether it is provided by that authority or another authority)— . (3) In subsection (3), for “the local housing authority” substitute “the authority”. Acquisition of land for housing purposes 6 (1) Section 17 is amended in accordance with this paragraph. (2) In subsection (1), after “local housing authority” insert “, a combined authority or CCA, or a two-tier county council that is a strategic authority”. (3) In subsection (3), after “local housing authority” insert “, combined authority or CCA, or two-tier county council that is a strategic authority”. (4) In subsection (4)— (a) after “local housing authority” insert “, combined authority or CCA, or two-tier county council that is a strategic authority”; (b) for “an authority” substitute “a local housing authority, combined authority or CCA, or two-tier county council that is a strategic authority”. (5) After subsection (4) insert— (5) Section 17A makes provision about the exercise of the function of acquiring land compulsorily under an authorisation under section 17(3) conferred on a combined authority or CCA or two-tier county council that is a strategic authority. (6) After section 17 insert— Compulsory acquisition of land by strategic authorities 17A (1) This section applies to the exercise of the compulsory acquisition function of combined authorities, CCAs and two-tier county councils that are strategic authorities. (2) In the case of a mayoral combined authority or mayoral CCA, the compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA. (3) In the case of a mayoral combined authority, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any National Park authority; (c) the Broads Authority. (4) In the case of a mayoral CCA, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any district council with the area of the CCA that is not a constituent council; (c) any National Park authority; (d) the Broads Authority. (5) In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any National Park authority; (c) the Broads Authority; and consent of a constituent council must be given at a meeting of the combined authority. (6) In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any district council within the area of the CCA that is not a constituent council; (c) any National Park authority; (d) the Broads Authority; and consent of a constituent council must be given at a meeting of the CCA. (7) In the case of a two-tier county council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) any district council within the area of the county council; (b) any National Park authority; (c) the Broads Authority. (8) In this section “compulsory acquisition function” means the function of acquiring land compulsorily under an authorisation under section 17(3). Duties with respect to buildings acquired for housing purposes 7 (1) Section 18 is amended in accordance with this paragraph. (2) In subsection (1), after “local housing authority” insert “, a combined authority or CCA, or a two-tier county council that is a strategic authority”. (3) In subsection (2), after “local housing authority” insert “, a combined authority or CCA, or a two-tier county council that is a strategic authority”. Interpretation 8 In section 56 (minor definitions), in subsection (1)— (a) at the appropriate place insert— “CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023; “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; “constituent council” means— in relation to a 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 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; ; (b) at the appropriate place insert— “mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); ; (c) at the appropriate place insert— “non-mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act); “non-mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act); ; (d) at the appropriate place insert— “two-tier county council that is a strategic authority” means a county council whose area includes the areas of district councils that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026. . 9 In section 57 (index of defined expressions)— (a) at the appropriate place insert— CCA | section 56 combined authority | section 56 ; (b) at the appropriate place insert— constituent council | section 56 ; (c) at the appropriate place insert— mayoral CCA | section 56 mayoral combined authority | section 56 ; (d) at the appropriate place insert— non-mayoral CCA | section 56 non-mayoral combined authority | section 56 ; (e) at the appropriate place insert— “two-tier county council that is a strategic authority” | section 56 .
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