English Devolution and Community Empowerment Act 2026
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Schedule 2 Decision-making and exercise of functions
Section 6 Planning and Compulsory Purchase Act 2004 1 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. 2 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— (3A) Where there is a mayor for the area of a combined authority or combined county authority, the functions of the authority under this Part as a strategic planning authority are functions of the authority exercisable only by the mayor on behalf of the authority. 3 (1) Section 12L of the Planning and Compulsory Purchase Act 2004 (adoption of spatial development strategy) is amended in accordance with this paragraph. (2) In subsection (4), for “Subsection (5) applies” substitute “Subsections (4A) to (5) apply”. (3) For subsections (4) and (5) substitute— (4) Subsections (4A) to (5) apply in relation to the adoption of a spatial development strategy by— (a) a combined authority, or (b) a combined county authority. (4A) In the case of a non-mayoral combined authority or non-mayoral combined county authority, 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. (4B) In the case of a mayoral combined authority or mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the relevant members present and voting on that resolution at a meeting of the authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor. (4C) But if— (a) the office of mayor is vacant, and (b) there is no deputy mayor, the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority. (4D) In the case of a resolution by a non-mayoral combined authority or non-mayoral combined county authority— (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. (5) In the case of a resolution of a mayoral combined authority or mayoral combined county authority— (a) each relevant member has one vote; (b) in the event of a tied vote then (unless it is a case where subsection (4C) 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). (4) After subsection (7) insert— (8) 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 mayoral combined authority or mayoral combined county authority means— a constituent member, or the mayor, and also includes the deputy mayor acting in place of the mayor. 4 In section 12X of the Planning and Compulsory Purchase Act 2004 (interpretation), in subsection (1), after the definition of “national development management policy”, insert— “non-mayoral combined authority” means a combined authority that is not a mayoral combined authority; “non-mayoral combined county authority” means a combined county authority that is not a mayoral combined county authority; Local Government and Housing Act 1989 5 In section 13 of LGHA 1989 (voting rights of members of certain committees: England and Wales), before subsection (6) insert— (5B) Nothing in this section prevents the appointment of any of the following as a voting member of a committee or sub-committee of a combined authority or combined county authority— (a) a person who is a member of a constituent council of that authority; (b) a person who is a non-constituent member of that authority, if that authority has resolved that that person is to be a voting member of that committee or sub-committee. (5C) In subsection (5B)— “combined authority” has the same meaning as in section 21(1)(jb); “combined county authority” has the same meaning as in section 21(1)(jba); “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 combined county authority— 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 a district council whose area does not form part of the area of a county council; “non-constituent member” has the same meaning— as in section 104A of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority; as in section 11 of the Levelling-up and Regeneration Act 2023 in relation to a combined county authority; “resolved” means— in relation to a combined authority, resolved under section 104A(4) of the Local Democracy, Economic Development and Construction Act 2009; in relation to a combined county authority, resolved under section 11(4) of the Levelling-up and Regeneration Act 2023. Local Government Act 1972 6 (1) Section 101 of LGA 1972 (arrangements for discharge of functions by local authorities) is amended in accordance with this paragraph. (2) For subsection (1D) substitute— (1D) A combined authority may not arrange for the discharge of a function under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority unless a mayor for the area of the authority has given the authority written consent for the function to be so discharged. (1DA) If a mayor for the area of the authority notifies the authority of withdrawal of the consent (whether the consent was given by that mayor or a predecessor), the arrangements made under subsection (1) for the discharge of the function cease to have effect; but that does not affect anything already done under the arrangements. (3) For subsection (1F) substitute— (1F) A combined county authority may not arrange for the discharge of a function under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority unless a mayor for the area of the authority has given the authority written consent for the function to be so discharged. (1FA) If a mayor for the area of the authority notifies the authority of withdrawal of the consent (whether the consent was given by that mayor or a predecessor), the arrangements made under subsection (1) for the discharge of the function cease to have effect; but that does not affect anything already done under the arrangements.
Schedule 2 Decision-making and exercise of functions
Section 6 Planning and Compulsory Purchase Act 2004 1 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. 2 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— (3A) Where there is a mayor for the area of a combined authority or combined county authority, the functions of the authority under this Part as a strategic planning authority are functions of the authority exercisable only by the mayor on behalf of the authority. 3 (1) Section 12L of the Planning and Compulsory Purchase Act 2004 (adoption of spatial development strategy) is amended in accordance with this paragraph. (2) In subsection (4), for “Subsection (5) applies” substitute “Subsections (4A) to (5) apply”. (3) For subsections (4) and (5) substitute— (4) Subsections (4A) to (5) apply in relation to the adoption of a spatial development strategy by— (a) a combined authority, or (b) a combined county authority. (4A) In the case of a non-mayoral combined authority or non-mayoral combined county authority, 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. (4B) In the case of a mayoral combined authority or mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the relevant members present and voting on that resolution at a meeting of the authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor. (4C) But if— (a) the office of mayor is vacant, and (b) there is no deputy mayor, the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority. (4D) In the case of a resolution by a non-mayoral combined authority or non-mayoral combined county authority— (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. (5) In the case of a resolution of a mayoral combined authority or mayoral combined county authority— (a) each relevant member has one vote; (b) in the event of a tied vote then (unless it is a case where subsection (4C) 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). (4) After subsection (7) insert— (8) 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 mayoral combined authority or mayoral combined county authority means— a constituent member, or the mayor, and also includes the deputy mayor acting in place of the mayor. 4 In section 12X of the Planning and Compulsory Purchase Act 2004 (interpretation), in subsection (1), after the definition of “national development management policy”, insert— “non-mayoral combined authority” means a combined authority that is not a mayoral combined authority; “non-mayoral combined county authority” means a combined county authority that is not a mayoral combined county authority; Local Government and Housing Act 1989 5 In section 13 of LGHA 1989 (voting rights of members of certain committees: England and Wales), before subsection (6) insert— (5B) Nothing in this section prevents the appointment of any of the following as a voting member of a committee or sub-committee of a combined authority or combined county authority— (a) a person who is a member of a constituent council of that authority; (b) a person who is a non-constituent member of that authority, if that authority has resolved that that person is to be a voting member of that committee or sub-committee. (5C) In subsection (5B)— “combined authority” has the same meaning as in section 21(1)(jb); “combined county authority” has the same meaning as in section 21(1)(jba); “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 combined county authority— 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 a district council whose area does not form part of the area of a county council; “non-constituent member” has the same meaning— as in section 104A of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority; as in section 11 of the Levelling-up and Regeneration Act 2023 in relation to a combined county authority; “resolved” means— in relation to a combined authority, resolved under section 104A(4) of the Local Democracy, Economic Development and Construction Act 2009; in relation to a combined county authority, resolved under section 11(4) of the Levelling-up and Regeneration Act 2023. Local Government Act 1972 6 (1) Section 101 of LGA 1972 (arrangements for discharge of functions by local authorities) is amended in accordance with this paragraph. (2) For subsection (1D) substitute— (1D) A combined authority may not arrange for the discharge of a function under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority unless a mayor for the area of the authority has given the authority written consent for the function to be so discharged. (1DA) If a mayor for the area of the authority notifies the authority of withdrawal of the consent (whether the consent was given by that mayor or a predecessor), the arrangements made under subsection (1) for the discharge of the function cease to have effect; but that does not affect anything already done under the arrangements. (3) For subsection (1F) substitute— (1F) A combined county authority may not arrange for the discharge of a function under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority unless a mayor for the area of the authority has given the authority written consent for the function to be so discharged. (1FA) If a mayor for the area of the authority notifies the authority of withdrawal of the consent (whether the consent was given by that mayor or a predecessor), the arrangements made under subsection (1) for the discharge of the function cease to have effect; but that does not affect anything already done under the arrangements.
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