English Devolution and Community Empowerment Act 2026
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Change 1
Schedule 33 Extension of the general power of competence to English National Park authorities and the Broads Authority
Section 88 Introduction 1 The Localism Act 2011 is amended in accordance with this Schedule. Amendment of section 1 2 In section 1 (local authority’s general power of competence), in subsection (1), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority, and the Broads Authority,”. Amendment of section 2 3 (1) Section 2 (boundaries of the general power) is amended as follows. (2) After subsection (2B) (inserted by Schedule 6) insert— (2C) If exercise of a pre-commencement power of an English National Park authority, or of the Broads Authority, is subject to restrictions, those restrictions apply also to exercise of the general power so far as it is overlapped by the pre-commencement power. (2D) The general power does not enable an English National Park authority, or the Broads Authority, to do— (a) anything which the authority is unable to do by virtue of a pre-commencement limitation, or (b) anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply— (i) to the general power, (ii) to all of the authority's powers, or (iii) to all of the authority's powers but with exceptions that do not include the general power. . (3) After subsection (5) (inserted by Schedule 6) insert— (6) In this section, in relation to an English National Park authority or the Broads Authority— “post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that— is contained in an Act passed after the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force on or after the commencement of section 88 of the English Devolution and Community Empowerment Act 2026; “pre-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that— is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 88 of the English Devolution and Community Empowerment Act 2026; “pre-commencement power” means power conferred by a statutory provision that— is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 88 of the English Devolution and Community Empowerment Act 2026. Amendment of section 3 4 In section 3 (limits on charging in exercise of general power), in subsection (1)(a), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority, or the Broads Authority,”. Amendment of section 4 5 (1) Section 4 (limits on doing things for commercial purpose in exercise of general power) is amended in accordance with this paragraph. (2) In subsections (1), (2) and (3), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority, or the Broads Authority,”. Amendment of section 5 6 (1) Section 5 (powers to make supplemental provision) is amended in accordance with this paragraph. (2) In subsections (1), (3) and (4) after “CCAs” (inserted by Schedule 6) insert “, or English National Park authorities, or the Broads Authority,”. (3) In subsections (5)(a) and (b) and (7)(a) after “CCAs” (inserted by Schedule 6) insert “, or English National Park authorities”. (4) In subsection (5)(c), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority”. (5) After subsection (7) insert— (7A) Before making an order under subsection (1), (2), (3) or (4) in relation to the Broads Authority, the Secretary of State must consult the Authority if the Secretary of State considers it appropriate. Amendment of section 8 7 In section 8 (interpretation), after the definition of “combined authority” (inserted by Schedule 6) insert— “English National Park authority” means a National Park authority for a National Park in England; .
Schedule 33 Extension of the general power of competence to English National Park authorities and the Broads Authority
Section 88 Introduction 1 The Localism Act 2011 is amended in accordance with this Schedule. Amendment of section 1 2 In section 1 (local authority’s general power of competence), in subsection (1), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority, and the Broads Authority,”. Amendment of section 2 3 (1) Section 2 (boundaries of the general power) is amended as follows. (2) After subsection (2B) (inserted by Schedule 6) insert— (2C) If exercise of a pre-commencement power of an English National Park authority, or of the Broads Authority, is subject to restrictions, those restrictions apply also to exercise of the general power so far as it is overlapped by the pre-commencement power. (2D) The general power does not enable an English National Park authority, or the Broads Authority, to do— (a) anything which the authority is unable to do by virtue of a pre-commencement limitation, or (b) anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply— (i) to the general power, (ii) to all of the authority's powers, or (iii) to all of the authority's powers but with exceptions that do not include the general power. . (3) After subsection (5) (inserted by Schedule 6) insert— (6) In this section, in relation to an English National Park authority or the Broads Authority— “post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that— is contained in an Act passed after the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force on or after the commencement of section 88 of the English Devolution and Community Empowerment Act 2026; “pre-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that— is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 88 of the English Devolution and Community Empowerment Act 2026; “pre-commencement power” means power conferred by a statutory provision that— is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 88 of the English Devolution and Community Empowerment Act 2026. Amendment of section 3 4 In section 3 (limits on charging in exercise of general power), in subsection (1)(a), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority, or the Broads Authority,”. Amendment of section 4 5 (1) Section 4 (limits on doing things for commercial purpose in exercise of general power) is amended in accordance with this paragraph. (2) In subsections (1), (2) and (3), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority, or the Broads Authority,”. Amendment of section 5 6 (1) Section 5 (powers to make supplemental provision) is amended in accordance with this paragraph. (2) In subsections (1), (3) and (4) after “CCAs” (inserted by Schedule 6) insert “, or English National Park authorities, or the Broads Authority,”. (3) In subsections (5)(a) and (b) and (7)(a) after “CCAs” (inserted by Schedule 6) insert “, or English National Park authorities”. (4) In subsection (5)(c), after “CCA” (inserted by Schedule 6) insert “, or English National Park authority”. (5) After subsection (7) insert— (7A) Before making an order under subsection (1), (2), (3) or (4) in relation to the Broads Authority, the Secretary of State must consult the Authority if the Secretary of State considers it appropriate. Amendment of section 8 7 In section 8 (interpretation), after the definition of “combined authority” (inserted by Schedule 6) insert— “English National Park authority” means a National Park authority for a National Park in England; .
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