English Devolution and Community Empowerment Act 2026
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Change 1
Schedule 8 Arrangements to carry out works on highways
Section 25 Highways Act 1980: delegation of functions relating to trunk roads 1 (1) Section 6 of the Highways Act 1980 (delegation etc of functions with respect to trunk roads) is amended in accordance with this paragraph. (2) In subsection (1)— (a) after “may by agreement with” insert “a combined authority, a combined county authority,”; (b) after “delegate to that” insert “authority or”. (3) After subsection (1) insert— (1ZA) A combined authority or combined county authority may not enter into an agreement under subsection (1) unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would discharge functions under the agreement. (4) In subsection (2)— (a) in the words before paragraph (a), for “A council” substitute “An authority or council”; (b) in paragraphs (a) and (b), for “the council” substitute “the authority or council”. (5) In subsection (3), for “the council” substitute “the authority or council”. (6) In subsection (4)— (a) for “a council” substitute “an authority or council”; (b) for “the council” (in both places) substitute “the authority or council”. (7) In subsection (5)— (a) in the words before paragraph (a), after “agreement with” insert “a combined authority, a combined county authority,”; (b) in paragraph (b), for “the council” substitute “the authority or council”; (c) in the words after paragraph (b)— (i) for “a council” substitute “an authority or council”; (ii) for “such council” substitute “such authority or council”. (8) After subsection (5) insert— (5A) A combined authority or combined county authority may not enter into any arrangements under subsection (5) unless the authority has obtained the consent of any constituent council or councils in whose area the authority would discharge functions under the agreement. (9) After subsection (6) insert— (6ZA) Where— (a) any functions have been delegated by the Minister or a strategic highways company to a combined authority or combined county authority under subsection (1) above, or (b) the Minister or a strategic highways company has entered into an agreement with a combined authority or combined county authority under subsection (5) above, the combined authority or combined county authority may, with the consent of the Minister or a strategic highways company, enter into arrangements with a county council, district council or Welsh council (the “contracting council”) for the carrying out by the contracting council, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements. (6ZB) A combined authority or combined county authority may not enter into arrangements under subsection (6ZA) unless the authority has obtained the consent of any constituent council or councils in whose area functions would be discharged under the arrangements. (10) In subsection (6A), in the words before paragraph (a), after “subsection (6)” insert “or (6ZA)”. (11) In subsection (7), for “a council” substitute “an authority or council”. (12) After subsection (8) insert— (9) In this section— “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; “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; “unitary district council” means the council for a district for which there is no county council; “upper-tier constituent council” means a constituent council that is— a county council, or a unitary district council. Highways Act 1980: agreements for doing certain works 2 (1) Section 8 of the Highways Act 1980 (agreements between local highway authorities and strategic highways companies for doing of certain works) is amended in accordance with this paragraph. (2) In subsection (1), after “local highways authorities” insert “, combined authorities, combined county authorities”. (3) After subsection (1) insert— (1A) If a combined authority or combined county authority is a party to an agreement under subsection (1), the agreement may make or include provision for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which a constituent council of that authority are the highway authority even if that constituent council is not a party to the agreement (a “relevant constituent council”) (whether that is instead of, or in addition to, such provision about any highway for which a party to the agreement are the highway authority). (1B) A combined authority or combined county authority may not enter into an agreement under this section unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would exercise functions under the agreement. (4) In subsection (2), after “parties to the agreement” insert “, or a relevant constituent council,”. (5) In subsection (3)— (a) after “another highway authority” insert “or a combined authority or combined county authority”; (b) for “other highway authority” substitute “other authority”. (6) After subsection (4) insert— (4A) A combined authority or combined county authority may not enter into an agreement under this section with a council unless their areas adjoin each other. (7) After subsection (5) insert— (6) In this section— “combined authority”, “combined county authority” and “constituent council” have the same meanings as in section 6; “relevant constituent council” has the meaning given in subsection (1A); “upper-tier constituent council” has the same meaning as in section 6.
Schedule 8 Arrangements to carry out works on highways
Section 25 Highways Act 1980: delegation of functions relating to trunk roads 1 (1) Section 6 of the Highways Act 1980 (delegation etc of functions with respect to trunk roads) is amended in accordance with this paragraph. (2) In subsection (1)— (a) after “may by agreement with” insert “a combined authority, a combined county authority,”; (b) after “delegate to that” insert “authority or”. (3) After subsection (1) insert— (1ZA) A combined authority or combined county authority may not enter into an agreement under subsection (1) unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would discharge functions under the agreement. (4) In subsection (2)— (a) in the words before paragraph (a), for “A council” substitute “An authority or council”; (b) in paragraphs (a) and (b), for “the council” substitute “the authority or council”. (5) In subsection (3), for “the council” substitute “the authority or council”. (6) In subsection (4)— (a) for “a council” substitute “an authority or council”; (b) for “the council” (in both places) substitute “the authority or council”. (7) In subsection (5)— (a) in the words before paragraph (a), after “agreement with” insert “a combined authority, a combined county authority,”; (b) in paragraph (b), for “the council” substitute “the authority or council”; (c) in the words after paragraph (b)— (i) for “a council” substitute “an authority or council”; (ii) for “such council” substitute “such authority or council”. (8) After subsection (5) insert— (5A) A combined authority or combined county authority may not enter into any arrangements under subsection (5) unless the authority has obtained the consent of any constituent council or councils in whose area the authority would discharge functions under the agreement. (9) After subsection (6) insert— (6ZA) Where— (a) any functions have been delegated by the Minister or a strategic highways company to a combined authority or combined county authority under subsection (1) above, or (b) the Minister or a strategic highways company has entered into an agreement with a combined authority or combined county authority under subsection (5) above, the combined authority or combined county authority may, with the consent of the Minister or a strategic highways company, enter into arrangements with a county council, district council or Welsh council (the “contracting council”) for the carrying out by the contracting council, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements. (6ZB) A combined authority or combined county authority may not enter into arrangements under subsection (6ZA) unless the authority has obtained the consent of any constituent council or councils in whose area functions would be discharged under the arrangements. (10) In subsection (6A), in the words before paragraph (a), after “subsection (6)” insert “or (6ZA)”. (11) In subsection (7), for “a council” substitute “an authority or council”. (12) After subsection (8) insert— (9) In this section— “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; “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; “unitary district council” means the council for a district for which there is no county council; “upper-tier constituent council” means a constituent council that is— a county council, or a unitary district council. Highways Act 1980: agreements for doing certain works 2 (1) Section 8 of the Highways Act 1980 (agreements between local highway authorities and strategic highways companies for doing of certain works) is amended in accordance with this paragraph. (2) In subsection (1), after “local highways authorities” insert “, combined authorities, combined county authorities”. (3) After subsection (1) insert— (1A) If a combined authority or combined county authority is a party to an agreement under subsection (1), the agreement may make or include provision for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which a constituent council of that authority are the highway authority even if that constituent council is not a party to the agreement (a “relevant constituent council”) (whether that is instead of, or in addition to, such provision about any highway for which a party to the agreement are the highway authority). (1B) A combined authority or combined county authority may not enter into an agreement under this section unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would exercise functions under the agreement. (4) In subsection (2), after “parties to the agreement” insert “, or a relevant constituent council,”. (5) In subsection (3)— (a) after “another highway authority” insert “or a combined authority or combined county authority”; (b) for “other highway authority” substitute “other authority”. (6) After subsection (4) insert— (4A) A combined authority or combined county authority may not enter into an agreement under this section with a council unless their areas adjoin each other. (7) After subsection (5) insert— (6) In this section— “combined authority”, “combined county authority” and “constituent council” have the same meanings as in section 6; “relevant constituent council” has the meaning given in subsection (1A); “upper-tier constituent council” has the same meaning as in section 6.
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