English Devolution and Community Empowerment Act 2026

Schedule 29 Local authority governance and executives

Section 61 Requirements to have and retain leader and cabinet executive 1 (1) LGA 2000 is amended in accordance with this paragraph. (2) In section 9B (permitted forms of governance for local authorities in England)— (a) after subsection (1) insert— (1A) But— (a) a local authority may operate a committee system only— (i) if it is operating a committee system immediately before section 61 of the English Devolution and Community Empowerment Act 2026 comes into force, and (ii) for as long as the operation of a committee system is consistent with the provisions of section 9K; and (b) a new local authority must operate executive arrangements which provide for a leader and cabinet executive (England). ; (b) in subsection (4), after the definition of “executive arrangements” insert— “new local authority” means a local authority established on or after the day on which section 61 of the English Devolution and Community Empowerment Act 2026 comes into force by an order made under section 7 or 10 of the Local Government and Public Involvement in Health Act 2007; . (3) In section 9C (local authority executives), after subsection (3) insert— (3A) Subsections (1) to (3) are subject to section 9B(1A)(b) (new local authority must have a leader and cabinet executive (England)). (4) After section 9KA insert— Duty to retain leader and cabinet executive 9KAA (1) A local authority which is operating a leader and cabinet executive (England) must not cease to operate— (a) executive arrangements, or (b) a leader and cabinet executive (England). (2) That duty applies to a local authority whenever it began to operate the leader and cabinet executive (England). Duty to move from committee system to leader and cabinet executive (England) 2 (1) The LGA 2000 is amended in accordance with this paragraph. (2) For section 9K (changing from one form of governance to another) substitute— Committee system: change to leader and cabinet executive (England) 9K Introduction (1) This section sets out the circumstances in which a local authority that is operating a committee system must or may move to a leader and cabinet executive. Committee system not protected (2) If the local authority’s committee system is not protected, it must move to a leader and cabinet executive; and no resolution is needed and no referendum is to be held (despite any other provision of this Chapter which would otherwise require or authorise a resolution or referendum). The local authority must comply with that duty so that it moves to a leader and cabinet executive before the end of the period of one year beginning with the commencement day (the “standard period”) or that period as extended by the Secretary of State in accordance with subsections (3) and (4). (3) The Secretary of State may extend that period if the Secretary of State considers that it is likely that a dissolution order will be made in relation to the local authority during the period of one year after the end of the standard period. (4) Any extension of that period— (a) must be granted, and notified to the local authority in writing, before the end of the standard period; (b) must end no later than one year after the end of the standard period. (5) Before moving to a leader and cabinet executive in accordance with subsection (2), the local authority must— (a) secure that copies of a document setting out the provisions of the arrangements for its leader and cabinet executive are available at its principal office for inspection by members of the public, and (b) publish in one or more newspapers circulating in its area a notice which— (i) states that the authority will be moving to a leader and cabinet executive, (ii) states the date on which the change is to have effect, (iii) describes the main features of the change, (iv) states that copies of a document setting out the provisions of the arrangements for its leader and cabinet executive are available at the authority's principal office for inspection by members of the public, and (v) specifies the address of the authority's principal office. Protected committee system (6) If the local authority’s committee system is protected, it must undertake and publish a review of whether the local authority should move to a leader and cabinet executive. (7) The review— (a) must be undertaken and published before the end of the 1 year decision period; (b) must have regard to the need to secure effective and convenient local government for the area of the local authority; (c) if it concludes that the local authority should not move to a leader and cabinet executive, must include the reasons why the committee system is an appropriate form of governance for the local authority. (8) After the review is published, the local authority must act in accordance with subsection (9), (10) or (11). The local authority must have regard to the review when choosing how to act. (9) The local authority may pass a resolution to continue to operate the committee system. Any such resolution must be passed before the end of the 1 year decision period. (10) The local authority may act in accordance with this Chapter to hold a referendum on moving to a leader and cabinet executive (and then, following the referendum, must act in accordance with this Chapter). Any such action must be taken so that— (a) the referendum is held before the end of the 1 year decision period, and (b) if the result of the referendum approves the move, the local authority moves to a leader and cabinet executive before the end of the period of 1 year beginning with the day of the referendum. (11) The local authority may act in accordance with this Chapter to move to a leader and cabinet executive without holding a referendum (despite any other provision of this Chapter which would otherwise require a referendum). Any such action must be taken so that— (a) the resolution to move to a leader and cabinet executive is passed before the end of the 1 year decision period, and (b) the local authority moves to a leader and cabinet executive before the end of the period of one year beginning with the date of the resolution. (12) If a local authority’s committee system is protected, a petition cannot require a local authority to hold a referendum in accordance with regulations under section 9MC until both— (a) the relevant protection period has ended, and (b) the local authority has— (i) passed a resolution in accordance with subsection (9), (ii) acted in accordance with subsection (10) by holding a referendum which does not approve the move to a leader and cabinet executive, or (iii) acted in accordance with subsection (10) or (11) by completing the move to a leader and cabinet executive. Subsequent move to leader and cabinet executive (13) If the local authority’s committee system is protected, and it retains the committee system after acting in accordance with subsections (6) to (11), it may subsequently move to a leader and cabinet executive in accordance with this Chapter. Local authority subject to dissolution (14) This section— (a) does not apply to a local authority if a dissolution order has been made in relation to the local authority before the commencement day; (b) ceases to apply to a local authority if a dissolution order is made in relation to the local authority on or after the commencement day. Accordingly the local authority is not to move to a leader and cabinet executive in accordance with any provision of this section after the commencement day or (as the case may be) on or after the day when the dissolution order is made. Interpretation (15) For the purposes of this section, a local authority’s committee system is “protected” if the committee system— (a) became or remained the local authority’s governance arrangements following a referendum, and the 10 year referendum protection period has not ended on the commencement day, or (b) became the local authority’s governance arrangements by virtue of a resolution under this Part (but not following a referendum), and the 5 year resolution protection period has not ended on the commencement day. (16) In this section— “commencement day” means the day on which section 61 of the English Devolution and Community Empowerment Act 2026 comes into force; “dissolution order” means an order under section 7 or 10 of the Local Government and Public Involvement in Health Act 2007 providing for the dissolution of a local authority; “move to a leader and cabinet executive” means— cease to operate the committee system, and start to operate a leader and cabinet executive (England); and related expressions are to be construed accordingly; “protected” has the meaning given in subsection (15); “relevant protection period”, in relation to a local authority whose committee system is protected, means whichever of the— 5 year resolution protection period, and 10 year referendum protection period, applies to the local authority; “1 year decision period” means the period of one year beginning with the day immediately after the last day of the relevant protection period; “5 year resolution protection period”, in relation to a resolution under this Part by virtue of which the committee system became the local authority’s governance arrangements, means the period of 5 years beginning with the day on which the resolution was passed; “10 year referendum protection period”, in relation to a referendum following which the committee system became or remained the local authority’s governance arrangements, means the period of 10 years beginning with the day on which the referendum was held. (3) In section 9KC (resolution of local authority), after subsection (3) insert— (3A) Subsection (4) also applies if a local authority passes a resolution to continue to operate the committee system in accordance with section 9K(9); and, in such a case, “Resolution A” means the resolution to continue to operate the committee system. (4) In section 9L (implementation: change in form of governance or change in form of executive)— (a) in subsection (1)(a), for “(change from one form of governance to another)” substitute “(Committee system: change to leader and cabinet executive (England))”; (b) for subsection (4) substitute— (4) If the local authority is— (a) ceasing to operate the committee system, and (b) starting to operate a leader and cabinet executive (England), in compliance with section 9K, a “relevant change time” for the purposes of subsection (2) is a time during the day that is specified in the resolution making the change in governance arrangements as the day on which that change is to take place. . No new mayor and cabinet executives 3 (1) This paragraph applies to a change to governance arrangements under Chapter 4 of Part 1A LGA 2000 if— (a) under the change, the local authority would begin to operate a mayor and cabinet executive, and (b) the local authority has not started to operate the mayor and cabinet executive before this section comes into force. (2) The local authority— (a) must not cease operating the old form of governance or (as the case may be) old form of executive, and (b) must not start operating the mayor and cabinet executive, in accordance with the change to governance arrangements. (3) 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— (a) cease to operate the committee system, and (b) start to operate a leader and cabinet executive (England). 4 (1) LGA 2000 is amended as follows— (2) in section 9KA (executive arrangements: different form of executive)— (a) for the heading substitute “Mayor and cabinet executive: adoption of leader and cabinet executive”; (b) for subsection (1) substitute— (A1) This section applies to a local authority if it is operating a mayor and cabinet executive. (1) The local authority— (a) may vary its executive arrangements so that they provide for a leader and cabinet executive (England), and (b) may vary its executive arrangements in such other respects (if any) as it considers appropriate. ; (c) omit subsection (2). (3) in section 9KC (resolution of local authority), omit subsection (5). (4) In section 9L (implementation: change in form of governance or change in form of executive)— (a) in subsection (1)(b), for “(change to a different form of executive)” substitute “(mayor and cabinet executive: adoption of leader and cabinet executive)”; (b) omit subsection (5). (5) In section 9MC (referendum following petition)— (a) in subsection (1), for “relevant type of governance arrangement” substitute “leader and cabinet executive (England)”; (b) omit subsection (5). (6) In section 9MD (referendum following direction)— (a) in subsection (1), for “relevant type of governance arrangements specified in the direction” substitute “leader and cabinet executive (England)”; (b) omit subsection (4). (7) In section 9ME (referendum following order)— (a) in subsection (1), for “relevant type of governance arrangements specified in the order” substitute “leader and cabinet executive (England)”; (b) omit subsection (4). (8) In section 9MF (further provision with respect to referendums)— (a) in subsection (1), omit paragraph (a); (b) omit subsections (2) and (3). (9) Omit section 9N (requiring referendum on change to mayor and cabinet executive). Abolition of permitted arrangements 5 (1) LGA 2000 is amended in accordance with this paragraph. (2) In section 9B (permitted forms of governance for local authorities in England)— (a) in subsection (1)(a), after “arrangements” insert “or”; (b) omit subsection (1)(c) (and the word “or” preceding it); (c) in subsection (4), omit the definition of “prescribed arrangements”. (3) Omit section 9BA (power of Secretary of State to prescribe additional permitted governance arrangements). (4) in section 9OA (interpretation)— (a) omit subsection (3)(d); (b) in subsection (4), omit paragraph (c). (5) In section 9R (interpretation of Part 1A), in subsection (1), omit the definition of “prescribed arrangements”. Other amendments 6 (1) LGA 2000 is amended in accordance with this paragraph. (2) In section 9KC (resolution of local authority), in subsection (4), in the words before paragraph (a), for “5 years” substitute “4 years”. (3) In section 9MF (further provision with respect to referendums)— (a) in subsection (1), in the words before paragraph (a), for “ten years” substitute “4 years”; (b) in subsection (3B), for “10 years” substitute “4 years”; (c) in subsection (3E)(a), for “10 years” substitute “4 years”.