English Devolution and Community Empowerment Act 2026
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Change 1
Schedule 6 Extension of general power of competence to strategic authorities
Section 21 Introduction 1 The Localism Act 2011 is amended in accordance with paragraphs 2 to 7 of this Schedule. Amendment of section 1 2 (1) Section 1 (local authority’s general power of competence) is amended in accordance with this paragraph. (2) For the heading substitute “General power of competence”. (3) In subsection (1), after “local authority” insert “, combined authority, CCA”. (4) After subsection (1) insert— (1A) The general power which a mayoral combined authority or mayoral CCA has under this Chapter may be exercised by the mayor on behalf of that authority (concurrently with the authority). Amendment of section 2 3 (1) Section 2 (boundaries of the general power) is amended as follows. (2) After subsection (2) insert— (2A) If exercise of a pre-commencement power of a combined authority or CCA 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. (2B) The general power does not enable a combined authority or CCA 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) In subsection (4), in the words before the definitions, after “section” insert “, in relation to a local authority”. (4) After subsection (4) insert— (5) In this section, in relation to a combined authority or CCA— “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 21 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 21 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 21 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 “local authority” insert “, combined authority, CCA”. 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 “local authority” insert “, combined authority, CCA”. 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), (4), (5)(a) and (b), and (7)(a) after “local authorities” insert “, combined authorities, CCAs”. (3) In subsection (5)(c), after “local authority” insert “, combined authority, CCA”. Amendment of section 8 7 (1) Section 8 (interpretation) is amended in accordance with this paragraph. (2) Before the definition of “the general power” insert— “CCA” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; . (3) After the definition of “local authority” insert— “mayor”, in relation to a mayoral combined authority or mayoral CCA, means the mayor for the area of that authority; “mayoral CCA” has the same meaning as in Chapter 1 of Part 1 of the Levelling-up and Regeneration Act 2023 — see section 57 of that Act; “mayoral combined authority” has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 120 of that Act; . Consequential amendments 8 (1) In LDEDCA 2009— (a) in section 113A (general power of combined authority), omit subsection (4); (b) omit section 113D (general power of competence). (2) In LURA 2023— (a) in section 49 (general power of CCA), omit subsection (4); (b) omit section 52 (general power of competence).
Schedule 6 Extension of general power of competence to strategic authorities
Section 21 Introduction 1 The Localism Act 2011 is amended in accordance with paragraphs 2 to 7 of this Schedule. Amendment of section 1 2 (1) Section 1 (local authority’s general power of competence) is amended in accordance with this paragraph. (2) For the heading substitute “General power of competence”. (3) In subsection (1), after “local authority” insert “, combined authority, CCA”. (4) After subsection (1) insert— (1A) The general power which a mayoral combined authority or mayoral CCA has under this Chapter may be exercised by the mayor on behalf of that authority (concurrently with the authority). Amendment of section 2 3 (1) Section 2 (boundaries of the general power) is amended as follows. (2) After subsection (2) insert— (2A) If exercise of a pre-commencement power of a combined authority or CCA 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. (2B) The general power does not enable a combined authority or CCA 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) In subsection (4), in the words before the definitions, after “section” insert “, in relation to a local authority”. (4) After subsection (4) insert— (5) In this section, in relation to a combined authority or CCA— “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 21 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 21 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 21 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 “local authority” insert “, combined authority, CCA”. 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 “local authority” insert “, combined authority, CCA”. 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), (4), (5)(a) and (b), and (7)(a) after “local authorities” insert “, combined authorities, CCAs”. (3) In subsection (5)(c), after “local authority” insert “, combined authority, CCA”. Amendment of section 8 7 (1) Section 8 (interpretation) is amended in accordance with this paragraph. (2) Before the definition of “the general power” insert— “CCA” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; . (3) After the definition of “local authority” insert— “mayor”, in relation to a mayoral combined authority or mayoral CCA, means the mayor for the area of that authority; “mayoral CCA” has the same meaning as in Chapter 1 of Part 1 of the Levelling-up and Regeneration Act 2023 — see section 57 of that Act; “mayoral combined authority” has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 120 of that Act; . Consequential amendments 8 (1) In LDEDCA 2009— (a) in section 113A (general power of combined authority), omit subsection (4); (b) omit section 113D (general power of competence). (2) In LURA 2023— (a) in section 49 (general power of CCA), omit subsection (4); (b) omit section 52 (general power of competence).
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