Law

English Devolution and Community Empowerment Act 2026

United Kingdom · statute

Ask the law about this More laws of United Kingdom For machines: Markdown

In force since 2026-11-04, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 a584d85ec0388342d863005af5b0a33186e48ae72fb025b33115cd88ae1249fd

Contents: 116 provisions

Proposed changes to this act

No one has proposed a change to this act yet.

116 provisions

44 Miscellaneous local authority functions

Schedule 23 confers on combined authorities and CCAs and the GLA miscellaneous functions exercisable by local authorities.

Propose a change

45 Health improvement and health inequalities duty

(1) After section 107ZA of LDEDCA 2009 insert— Combined authorities: health Health improvement and health inequalities duty 107ZB (1) When considering whether or how to exercise any of its functions, a combined authority must have regard to the need to— (a) improve the health of persons in the combined authority’s area, and (b) reduce health inequalities between persons living in the combined authority’s area. (2) When considering whether or how to exercise any function, the mayor for the area of a combined authority must have regard to the considerations set out in subsection (1). (3) Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, an area. (4) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants. (5) “General health determinants” are— (a) standards of housing, transport services or public safety, (b) environmental factors, including air quality and access to green space and bodies of water, (c) employment prospects, earning capacity and any other matters that affect levels of prosperity, (d) the degree of ease or difficulty with which persons have access to public services, (e) the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health, and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors. (6) In subsection (1)(a), the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of a combined authority’s function. (7) In subsection (1)(b), the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of a combined authority’s function. (2) After section 24 of LURA 2023 insert— Health improvement and health inequalities duty 24A (1) When considering whether or how to exercise any of its functions, a CCA must have regard to the need to— (a) improve the health of persons in the CCA’s area, and (b) reduce health inequalities between persons living in the CCA’s area. (2) When considering whether or how to exercise any function, the mayor for the area of a CCA must have regard to the considerations set out in subsection (1). (3) Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, an area. (4) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants. (5) “General health determinants” are— (a) standards of housing, transport services or public safety, (b) environmental factors, including air quality and access to green space and bodies of water, (c) employment prospects, earning capacity and any other matters that affect levels of prosperity, (d) the degree of ease or difficulty with which persons have access to public services, (e) the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health, and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors. (6) In subsection (1)(a) above, the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of a CCA’s function. (7) In subsection (1)(b) above, the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of a CCA’s function. (3) In section 309(F)(5) of GLAA 1999 (health inequalities between persons living in Greater London) after paragraph (a), insert— (aa) environmental factors, including air quality and access to green space and bodies of water, .

Propose a change

46 Functions of police and crime commissioners

(1) In section 107F of LDEDCA 2009 (functions of mayors: policing)— (a) after subsection (1) insert— (1A) The mayor for the area of a combined authority is to exercise functions of a police and crime commissioner in relation to that area if the combined authority meets the eligibility condition and transfer condition in relation to that area (see section 107FA). ; (b) in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”; (c) in subsection (3), for “subsection (1)” substitute “this section”; (d) after subsection (4) insert— (4A) For provision about the exercise of functions of a police and crime commissioner by the mayor for the area of a combined authority by virtue of subsection (1A), see Schedule 10A to the Police Reform and Social Responsibility Act 2011. ; (e) in subsection (8)(b), after “Schedule 5C” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”. (2) After section 107F of LDEDCA 2009 insert— The “eligibility” and “transfer” conditions 107FA (1) This section sets out the “eligibility condition” and “transfer condition” referred to in section 107F(1A). (2) A combined authority meets the eligibility condition in case A or case B. (3) Case A: the authority’s area is the same as a single English police area. In this case, the authority meets the eligibility condition in relation to the single police area. (4) Case B: the authority’s area is the same as two or more English police areas (when those areas are taken together). In this case, the authority meets the eligibility condition in relation to each of those police areas. (5) A combined authority meets the transfer condition in relation to an English police area if— (a) the Secretary of State has, by order, specified the time at which the mayor for the area of the authority is to begin exercising functions of a police and crime commissioner (the “transfer time”), and (b) the transfer time has passed. (6) If a combined authority meets the eligibility condition in relation to two or more English police areas, the Secretary of State may only exercise the power conferred by subsection (5)(a) so as to specify the same transfer time in relation to all of those police areas. (7) In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England. (3) In section 107G of LDEDCA 2009 (mayors for combined authorities: financial matters), after subsection (4) insert— (4A) Where the mayoral functions of a mayor include PCC functions in relation to more than one police area, the provision made in accordance with subsection (4)(a) which ensures that there is a separate component in respect of the mayor’s PCC functions must include separate components in respect of the mayor’s PCC functions in relation to the different police areas. (4) In section 33 of LURA 2023 (functions of mayors: policing)— (a) after subsection (1) insert— (1A) The mayor for the area of a CCA is to exercise functions of a police and crime commissioner in relation to that area if the CCA meets the eligibility condition and transfer condition in relation to that area (see section 33A). ; (b) in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”; (c) in subsection (3), for “subsection (1)” substitute “this section”; (d) after subsection (4) insert— (4A) For provision about the exercise of functions of a police and crime commissioner by the mayor for the area of a CCA by virtue of subsection (1A), see Schedule 10A to the Police Reform and Social Responsibility Act 2011. ; (e) in subsection (8)(b), after “Schedule 3” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”. (5) After section 33 of LURA 2023 insert— The “eligibility” and “transfer” conditions 33A (1) This section sets out the “eligibility condition” and “transfer condition” referred to in section 33(1A). (2) A CCA meets the eligibility condition in case A or case B. (3) Case A: the CCA’s area is the same as a single English police area. In this case, the CCA meets the eligibility condition in relation to the single police area. (4) Case B: the CCA’s area is the same as two or more English police areas (when those areas are taken together). In this case, the CCA meets the eligibility condition in relation to each of those police areas. (5) A CCA meets the transfer condition in relation to an English police area if— (a) the Secretary of State has, by order, specified the time at which the mayor for the area of the CCA is to begin exercising functions of a police and crime commissioner (the “transfer time”), and (b) the transfer time has passed. (6) If a CCA meets the eligibility condition in relation to two or more English police areas, the Secretary of State may only exercise the power conferred by subsection (5)(a) so as to specify the same transfer time in relation to all of those police areas. (7) In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England. (6) In section 41 of LURA 2023 (mayors for CCA areas: financial matters), after subsection (4) insert— (4A) Where the mayoral functions of a mayor include PCC functions in relation to more than one police area, the provision made in accordance with subsection (4)(a) which ensures that there is a separate component in respect of the mayor’s PCC functions must include separate components in respect of the mayor’s PCC functions in relation to the different police areas. (7) After paragraph 21(a) of Schedule 1 to the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), insert— (aa) for subsection (1) substitute— (1) The mayor must— (a) appoint a person as the deputy mayor for policing and crime for the area, and (b) arrange for the deputy mayor for policing and crime to exercise one or more of the mayor’s PCC functions. (8) After— (a) paragraph 21(a) of Schedule 5 to the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), (b) paragraph 21(a) of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), and (c) paragraph 21(a) of Schedule 1 to the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), insert— (aa) for subsection (1) substitute— (1) The Mayor must— (a) appoint a person as the deputy mayor for policing and crime for the area, and (b) arrange for the deputy mayor for policing and crime to exercise one or more of the Mayor’s PCC functions.

Propose a change

47 PCCs and police areas

(1) In section 1 of PRSRA 2011 (police and crime commissioners), for subsection (9A) substitute— (9A) Subsection (1) does not apply to an area if the mayor for the area of a combined authority or combined county authority is to exercise functions of a police and crime commissioner in relation to the area in accordance with— (a) an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009; (b) section 107F(1A) of that Act; (c) regulations under section 33(1) of the Levelling-up and Regeneration Act 2023; (d) section 33(1A) of that Act. (9B) See section 76A and Schedule 10A for provision about cases where a mayor is to exercise functions in accordance with— (a) section 107F(1A) of the Local Democracy, Economic Development and Construction Act 2009, or (b) section 33(1A) of the Levelling-up and Regeneration Act 2023. (2) After section 76 of PRSRA 2011 insert— Chapter 6A Exercise of PCC functions by elected mayors Exercise of PCC functions by elected mayors 76A Schedule 10A makes provision about cases where a mayor is to exercise functions in accordance with— (a) section 107F(1A) of the Local Democracy, Economic Development and Construction Act 2009, or (b) section 33(1A) of the Levelling-up and Regeneration Act 2023. (3) After Schedule 10 to PRSRA 2011, insert Schedule 10A set out in Schedule 24 to this Act. (4) In the Police Act 1996— (a) in section 32 (power to alter police areas by order), in subsection (3)— (i) in the words before paragraph (a), omit “either”; (ii) in paragraph (b), after “effectiveness” insert , or (c) the order is made in connection with the functions of a police and crime commissioner becoming exercisable by the mayor for the area of a mayoral strategic authority. (3A) For that purpose, an order “is made in connection with the functions of a police and crime commissioner becoming exercisable by the mayor for the area of a mayoral strategic authority” if— (a) the police areas that are altered by the order are all in England, and (b) the Secretary of State’s purpose in making the order is to— (i) cause a mayoral strategic authority to meet the eligibility condition in relation to an altered police area, and (ii) enable the Secretary of State to specify a transfer time in relation to that mayoral strategic authority and altered police area that will result in the mayor for the area of the mayoral strategic authority exercising functions of a police and crime commissioner in relation to that area. ; (b) in section 32, after subsection (4) insert— (4A) In this section— “eligibility condition” has the same meaning as in— section 107FA of the Local Democracy, Economic Development and Construction Act 2009, or section 33A of the Levelling-up and Regeneration Act 2023; “mayoral strategic authority” means— a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act), or a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act); “transfer time” has the same meaning as in— section 107FA of the Local Democracy, Economic Development and Construction Act 2009, or section 33A of the Levelling-up and Regeneration Act 2023. ; (c) in section 34 (orders altering police areas: supplementary provision), in subsection (5), after “subsection (3)(a)” insert “or (3)(c)”.

Propose a change

48 Functions of fire and rescue authorities

(1) Section 1 of FRSA 2004 (fire and rescue authorities) is amended in accordance with subsections (2) and (3). (2) In subsection (2), after paragraph (e) insert— (f) a mayoral combined authority or mayoral CCA is the fire and rescue authority for the whole of its area if the Secretary of State designates it as the fire and rescue authority for that area in accordance with section 1A(1); (g) a mayoral combined authority or mayoral CCA is the fire and rescue authority for a part of its area if the Secretary of State— (i) specifies that part of its area, and (ii) designates it as the fire and rescue authority for that part of its area, in accordance with section 1A(2) and (3). (3) After subsection (2) insert— (2A) If a mayoral combined authority or mayoral CCA is the fire and rescue authority for an area by virtue of subsection (2)(f) or (g), a council or other authority is not the fire and rescue authority for that area by virtue of subsection (2)(a) to (e) or section 2 or 4. (2B) The functions of a mayoral combined authority or mayoral CCA as a fire and rescue authority are functions of the mayoral combined authority or mayoral CCA exercisable only by the mayor on behalf of the combined authority or CCA. (4) After section 1 of FRSA 2004 insert— Designation of mayoral combined authorities and mayoral CCAs 1A (1) The Secretary of State may by order designate a mayoral combined authority or mayoral CCA as the fire and rescue authority for the whole of its area. (2) The Secretary of State may— (a) by order specify a part of the area of a mayoral combined authority or mayoral CCA, and (b) by order designate the mayoral combined authority or mayoral CCA as the fire and rescue authority for the specified part of its area. (3) But, if the Secretary of State exercises the powers conferred by subsection (2) in relation to a particular mayoral combined authority or mayoral CCA (the “relevant mayoral authority”), the Secretary of State must ensure that those powers are exercised so as to secure that— (a) two or more parts are specified under subsection (2)(a) which, when taken together, consist of the whole of the area of the relevant mayoral authority; (b) the relevant mayoral authority is designated as the fire and rescue authority for each specified part; (c) all of those designations come into effect at the same time. (4) Accordingly, where the powers conferred by subsection (2) are exercised in relation to the relevant mayoral authority— (a) there are separate fire and rescue authorities for each area specified under subsection (2)(a); (b) the fire and rescue authority for each of those areas is the relevant mayoral authority. (5) The Secretary of State may by order provide for the name by which an area specified under subsection (2)(a) is to be known. (6) An order under subsection (1) or (2)(a) or (b) may make consequential alterations to any other— (a) section 1A(2) area, (b) section 2 combined area, or (c) section 4 combined area. (7) The alterations that may be made by virtue of subsection (6) include alterations that result in a reduction or an increase in the number of such areas. (8) An order under subsection (1) or (2)(a) or (b) may make provision for the abolition of— (a) a metropolitan county fire and rescue authority, (b) a combined fire and rescue authority constituted by a scheme under section 2, or (c) a combined fire and rescue authority constituted by a scheme to which section 4 applies. (9) The provision that may be made by regulations under section 56 of the English Devolution and Community Empowerment Act 2026 (incidental etc provision) for the purposes of, or in consequence of, an order under subsection (1) or (2)(a) or (b) relating to a particular mayoral combined authority or mayoral CCA and particular area includes— (a) provision for functions of a fire rescue authority to be exercisable in relation to the area by the mayoral combined authority or mayoral CCA during a shadow period (and not by any fire and rescue authority by which those functions would otherwise be exercisable); (b) provision for those functions to be exercisable only by the mayor on behalf of the mayoral combined authority or mayoral CCA; (c) provision about who is to scrutinise the exercise of those functions; (d) any other incidental, consequential, transitional, transitory or supplementary provision. (10) In this section— “section 1A(2) area” means an area specified in an order under subsection (2)(a) (including such an area as varied from time to time); “section 2 combined area” means an area for which a combined fire and rescue authority is, or used to be, constituted by a scheme under section 2 (including such an area as varied from time to time); “section 4 combined area” means the area for which a combined fire and rescue authority is, used to be, constituted by a scheme to which section 4 applies (including such an area as varied from time to time); “shadow period”, in relation to provision made in accordance with subsection (9)(a) in relation to a particular area, means a period which— ends when the designation of the mayoral combined authority or mayoral CCA as the fire and rescue authority for the area takes effect, and is no longer than one year. (5) In section 5M of FRSA 2004 (interpretation), after the definition of “City of London police area” insert— “mayoral CCA” has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 (see section 27(8) 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 107A(8) of that Act); . (6) Schedule 25 contains further provision about fire and rescue services.

Propose a change

49 Mayor with PCC and fire and rescue functions

(1) In section 107EA of LDEDCA 2009 (exercise of fire and rescue functions)— (a) for subsection (1) substitute— (1) This section applies to a mayor for the area of a combined authority who— (a) by virtue of— (i) section 107D(1), or (ii) section 1(2B) of the Fire and Rescue Services Act 2004, may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and (b) by virtue of— (i) section 107F(1), or (ii) section 107F(1A), may exercise functions of a police and crime commissioner. ; (b) in subsection (5), after “107D(1)” insert “, or in section 1(2B) of the Fire and Rescue Services Act 2004,”. (2) In section 34 of LURA 2023 (exercise of fire and rescue functions)— (a) for subsection (1) substitute— (1) This section applies to a mayor for the area of a CCA who— (a) by virtue of— (i) section 30(1), or (ii) section 1(2B) of the Fire and Rescue Services Act 2004, may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and (b) by virtue of— (i) section 33(1), or (ii) section 33(1A), may exercise functions of a police and crime commissioner. ; (b) in subsection (5), after “30(1)” insert “, or in section 1(2B) of the Fire and Rescue Services Act 2004,”.

Propose a change

50 Sharing of information

In section 115 of the Crime and Disorder Act 1998 (disclosure of information), in subsection (2), after paragraph (c) insert— (ca) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (cb) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; .

Propose a change

51 Licensing functions of the GLA and the Mayor of London

Schedule 26 amends the Licensing Act 2003 to confer licensing functions on the GLA and the Mayor of London.

Propose a change

52 Encouragement of visitors and promotion of visitors

(1) LGA 1972 is amended in accordance with this section. (2) In section 144 (power to encourage visitors and provide conference and other facilities), in subsections (1) and (2), after “local authority” insert “, combined authority or combined county authority”. (3) In section 145 (provision of entertainments)— (a) in subsection (1), in the words before paragraph (a), after “local authority” insert “, combined authority or combined county authority”; (b) in subsection (2), in the words before paragraph (a), after “local authority” insert “, combined authority or combined county authority”.

Propose a change

53 Requests by mayors of EMSAs for changes

(1) One or more mayors for EMSAs may notify the Secretary of State of— (a) any change to the law relating to strategic authorities, (b) any change to the funding of strategic authorities, or (c) any other change relating to strategic authorities, which the mayor or mayors believe would secure, or contribute to securing, the effective exercise of functions in relation to any aspect of any area of competence. (2) In exercising the function of giving notifications under this section, a mayor must have regard to any guidance issued for this purpose by the Secretary of State. (3) If a notification under this section is given, the Secretary of State must, within the period of six months beginning with the day on which the notification is given— (a) decide how to respond, and (b) notify the mayor or mayors that gave the notification of— (i) the decision, and (ii) the reasons for making the decision.

Propose a change

54 Powers to make regulations in relation to functions of strategic authorities and mayors

Schedule 27 confers on the Secretary of State powers in relation to the functions of strategic authorities and mayors (including powers to use pilot schemes).

Propose a change

55 Health service functions: application of existing limitations on devolution

(1) Section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) is amended in accordance with this section. (2) In subsection (1)— (a) for the words before paragraph (a) substitute— (1) A devolution of functions SI— ; (b) in paragraph (c)— (i) for “or a combined county authority” substitute “a combined county authority or a category of strategic authorities”; (ii) after “that authority” insert “or those authorities”. (3) In subsection (2), in the words after paragraph (h), for the words from “transferable” to the end substitute “transferable by a devolution of functions SI.” (4) In subsection (7), in the words before paragraph (a), for “2022” substitute “2023”. (5) After subsection (7) insert— (7A) For the purposes of this section, a function is transferred by regulations under Part 1 or 6 of Schedule 27 to the 2026 Act if provision under paragraph 1(1), 2(1) or 3(1) of that Schedule conferring the function is made, including such provision made by virtue of Part 6 of that Schedule. . (6) In subsection (8), for the words from “transferred” to the end substitute “transferred to it by a devolution of functions SI.” (7) For subsection (9) substitute— (9) In this section— “the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009; “the 2023 Act” means the Levelling-up and Regeneration Act 2023; “the 2026 Act” means the English Devolution and Community Empowerment Act 2026; “category of strategic authority” has the same meaning as in the 2026 Act (see section 101(1) of that Act); “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; “devolution of functions SI” means any of the following— regulations under section 16 of this Act; an order under section 105A of the 2009 Act (conferral of functions of public authority on combined authority); regulations under section 19(1) of the 2023 Act (conferral of functions of public authority on combined county authority); regulations under Part 1 or 6 of Schedule 27 to the 2026 Act (conferral of functions of public authority on category of strategic authority); “the health service” has the meaning given by section 275(1) of the NHSA 2006. .

Propose a change

56 Incidental etc provision

(1) The Secretary of State may by regulations make incidental, consequential, transitional, transitory or supplementary provision for the purposes of, or in consequence of— (a) the conferral of a function on a relevant authority, or (b) the modification of a function of a relevant authority, by relevant legislation. (2) Regulations under this section may not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc). (3) Regulations under this section may (in particular) amend any Act of Parliament (whenever passed), including by amending this Act. (4) Regulations under this section which contain provision amending an Act of Parliament are subject to affirmative resolution procedure. (5) Any other regulations under this section are subject to negative resolution procedure. (6) In this section— “relevant authority” means— a strategic authority; the mayor for the area of a CCA or the area of a combined authority; the Mayor of London; a GLA functional body. “relevant legislation” means— this Act, regulations under this Act, or any other legislation (whenever passed or made), except for functions conferred by an order under Chapter 1 of Part 6 of LDEDCA 2009 (instead see section 114 of that Act) or by regulations under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that Act).

Propose a change

57 Transfer of property, rights and liabilities

(1) The Secretary of State may by regulations make provision for the transfer of property, rights and liabilities (including criminal liabilities) for the purposes of, or in consequence of, or for giving full effect to— (a) the conferral of a function on a relevant authority, or (b) the modification of a function of a relevant authority, by relevant legislation. (2) Property, rights and liabilities may be transferred by— (a) the regulations, (b) a scheme made by the Secretary of State under the regulations, or (c) a scheme required to be made under the regulations by a person other than the Secretary of State. (3) A transfer by virtue of this section may have effect— (a) whether or not the property, rights and liabilities would otherwise be capable of being transferred; (b) without any instrument or formality being required. (4) The rights and liabilities which may be transferred by virtue of this section include rights and liabilities in relation to a contract of employment. (5) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) apply to the transfer by virtue of this section (whether or not the transfer is a relevant transfer for the purposes of those regulations). (6) Regulations under this section or a scheme made under them may define the property, rights and liabilities to be transferred by specifying or describing them. (7) Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision— (a) for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred; (b) for the shared ownership or use of any property or facilities; (c) for the management or custody of transferred property; (d) for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement. (8) Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision— (a) for the continuing effect of things done by the transferor in relation to anything transferred; (b) for the continuation of things (including legal proceedings) in the process of being done, by or on behalf of or in relation to the transferor in relation to anything transferred; (c) for references to the transferor in any agreement (whether written or not), instrument or other document in relation to anything transferred to be treated (so far as necessary for the purposes of or in consequence of the transfer) as references to the transferee. (9) Regulations under this section are subject to affirmative resolution procedure. (10) In this section— “relevant authority” means— a strategic authority; the mayor for the area of a CCA or the area of a combined authority; the Mayor of London; a GLA functional body; “relevant legislation” means— this Act, regulations under this Act, or any other legislation (whenever passed or made), except for functions conferred by an order under Chapter 1 of Part 6 of LDEDCA 2009 (instead see section 114 of that Act) or by regulations under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that Act).

Propose a change

58 Prohibition of secondary legislation removing functions

(1) A Minister of the Crown must not exercise any power to make secondary legislation (whenever conferred) so as to cause a function to cease to be exercisable by— (a) strategic authorities generally, or (b) a category of strategic authorities. (2) This section does not apply to a function conferred by regulations under Part 6 of Schedule 27. (3) This section does not limit the making of— (a) permitted provision, or (b) provision that is— (i) in consequence of, or (ii) otherwise in connection with, permitted provision (whether the permitted provision is made in secondary legislation or an Act of Parliament). (4) In this section “permitted provision” means provision— (a) modifying a function; (b) abolishing a function; (c) repealing or revoking provision conferring a function in consequence of, or otherwise in connection with, other legislation conferring the function (with or without modifications).

Propose a change

59 Single tiers of local government

Schedule 28 makes provision about arrangements relating to single tiers of local government.

Propose a change

60 Certain functions of shadow authorities for single tiers of local government

In section 12 of LGPIHA 2007 (provision relating to membership etc of authorities)— (a) after subsection (3) insert— (3A) Where an order makes provision under subsection (1)(k) conferring functions on a new local authority in relation to a combined authority or combined county authority, the order may provide that such functions are no longer functions of an existing local authority. ; (b) after subsection (5) insert— (5A) 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.

Propose a change

61 Local authority governance and executives

Schedule 29 contains provision about local authority governance and executives.

Propose a change

62 Local authorities: effective neighbourhood governance

(1) Local authorities in England must make appropriate arrangements to secure the effective governance of any area of a specified description that falls within the authority's area (a “neighbourhood area”). (2) In making appropriate arrangements in relation to a neighbourhood area in which there are one or more parish councils, the local authority must engage with the parish council or councils about parish representation under those arrangements. (3) “Appropriate arrangements” for the purposes of subsection (1) are such arrangements as are specified in regulations made by the Secretary of State. (4) Regulations under subsection (3) may include provision— (a) requiring the establishment and maintenance by local authorities of specified organisational structures for the governance of neighbourhood areas (or for the use of specified existing organisational structures for that purpose); (b) about the number, membership, funding and review of such structures; (c) about the functions that may or must be carried out by such structures for the purpose of ensuring the effective governance of neighbourhood areas (including for the structures to carry out functions on behalf of the local authority); (d) requiring the carrying out of such activities for the purpose of ensuring local engagement with the neighbourhood area as may be specified. (5) Regulations under this section about the membership of specified organisational structures may, in particular, make provision for the membership to include parish representation. (6) Regulations under this section may— (a) confer a function, including a function involving the exercise of a discretion, on any person; (b) provide for exceptions. (7) In this section— “local authority” means— a county council, a district council, a London borough council; “parish representation” means representation of any parish council or councils within a neighbourhood area; “specified” means specified or described in regulations under this section. (8) Regulations under this section are subject to affirmative resolution procedure.

Propose a change

63 Mayors and Police and Crime Commissioners: supplementary vote system

Schedule 30 makes provision for the use of the supplementary vote system in elections of mayors and police and crime commissioners.

Propose a change

64 Limit on delay of election in connection with local government reorganisation

(1) An election timing order (the “invalid order”) has no effect if— (a) the order relates to an election of councillors of an English principal council (the “affected election”), (b) the order is made for a reason which relates to a process of local government reorganisation affecting that council (the “reorganisation process”), whether that process is proposed or has begun at the time when the order is made, and (c) the order would delay the affected election by more than 53 weeks. (2) For the purposes of this section— (a) “process of local government reorganisation affecting” an English principal council means— (i) the Secretary of State giving that council an invitation or direction under section 2 or 2A of LGPIHA 2007, or (ii) the Local Government Boundary Commission making a recommendation for a boundary change relating to that council to the Secretary of State under section 8 of LGPIHA 2007; (b) it does not matter if the reason which relates to the reorganisation process is the only reason, or one of several reasons, for the election timing order being made; (c) the circumstances in which a process of local government reorganisation affecting a council “is proposed” include circumstances in which the Secretary of State has notified the council that the Secretary of State might give that council an invitation or direction under section 2 or 2A of LGPIHA 2007; (d) an election timing order delays an election by more than 53 weeks if, as a result of the order, the election would take place after the end of the period of 53 weeks beginning with the original election date; (e) it does not matter if the delay by more than 53 weeks would result— (i) solely from the invalid order, or (ii) from the cumulative effect of the invalid order and one or more previous related election timing orders; (f) an election timing order is to be regarded as delaying the affected election even if the election would not actually take place on the date to which it is delayed because of the eventual outcome of the reorganisation process. (3) In this section— “election timing order” means an order under— section 87 of LGA 2000 (power to change years in which elections held), section 7 of LGPIHA 2007 (implementation of proposals by order), or section 10 of LGPIHA 2007 (implementation of recommendations by order); “English principal council” means— a county council in England, a district council, or a London borough council; “original election date” means the date on which the affected election would have been held, ignoring the effect of— the invalid order, and any previous related election timing order; “previous related election timing order” means an election timing order which— delays the affected election, was made for a reason which relates to the reorganisation process (whether that was the only reason, or one of several reasons, for the election timing order being made), and was made before the invalid order.

Propose a change

65 Publication of addresses of members etc in authority registers

(1) In section 100G (principal councils to publish additional information) of LGA 1972, in subsection (5), omit “, in relation to a principal council in Wales,”. (2) The Localism Act 2011 is amended as follows. (3) In section 29 (register of interests), in subsection (8), for “section 32(2)” substitute “sections 32(2) and 32A”. (4) In section 31 (pecuniary interests in matters considered at meetings or by a single member), in subsection (2), for “section 32(3)” substitute “sections 32(3) and 32A(9)”. (5) After section 32 (sensitive interests) insert— Residential addresses 32A (1) This section applies where a member or co-opted member of a relevant authority notifies the authority’s monitoring officer of a disclosable pecuniary interest that includes their usual residential address. (2) Subject to subsections (3) to (7), the relevant authority’s public register must not include that address. (3) The member or co-opted member may request that their usual residential address be included in that public register. (4) The member or co-opted member may withdraw a request made under subsection (3). (5) A request under subsection (3) or a withdrawal of a request under subsection (4) must be made by written notice to the relevant authority’s monitoring officer. (6) Where the member or co-opted member withdraws a request under subsection (4), the monitoring officer must remove the member or co-opted member’s usual residential address from the public register. (7) Withdrawal of a request under subsection (4) does not affect the power of the member or co-opted member to make another request under subsection (3). (8) Where a member or co-opted member’s usual residential address is excluded from a public register under this section, that public register must state that the member or co-opted member has an interest the address of which is withheld under this section. (9) If section 31(2) applies in relation to the interest, that provision is to be read as requiring the member or co-opted member to disclose not the interest but merely the fact that the member or co-opted member has a disclosable pecuniary interest in the matter concerned. (10) For the purposes of this section, a person has no more than one usual residential address. (11) In this section “public register”, in relation to a relevant authority, means— (a) a copy of its register that is made available for inspection, and (b) any published version of its register.

Propose a change

66 Power to pay grant to joint committees of London councils

After section 32 of the Local Government Act 2003 insert— Power to pay grant to joint committees of London councils 32A (1) A Minister of the Crown may pay a grant to an eligible London joint committee towards expenditure incurred or to be incurred— (a) by the committee, or (b) by an eligible sub-committee of the committee. (2) The amount of a grant under this section and the manner of its payment are to be such as the person paying it may determine. (3) A grant under this section may be paid on such conditions as the person paying it may determine. (4) Conditions under subsection (3) may, in particular, include— (a) provision as to the use of the grant; (b) provision as to circumstances in which the whole or part of the grant must be repaid. (5) Where a Minister of the Crown wishes to pay a grant towards expenditure incurred or to be incurred by an eligible London joint committee or an eligible sub-committee, the Secretary of State may pay a grant under this section to one or more persons (other than the committee) to hold and use in respect of the expenditure by the committee or sub-committee. (6) The powers under this section are exercisable with the consent of the Treasury. (7) The Secretary of State may, by regulations— (a) make provision for determining the question of whether a committee, or sub-committee, is “eligible”, including provision about conditions that must be met for a committee or sub-committee to become or remain eligible; (b) make provision about the constitution, procedures, administration and oversight of London joint committees, or their sub-committees, that are eligible. (8) Regulations under subsection (7)(a) may (in particular) make provision about conditions that relate to— (a) the power under which, or way in which, the committee or sub-committee is established; (b) the functions or purpose of the committee or sub-committee; (c) the kinds of persons who are members of the committee or sub-committee; (d) the constitution, procedures, administration or oversight of the committee or sub-committee. (9) Regulations under subsection (7) may amend any Act passed before, or in the same session as, the English Devolution and Community Empowerment Act 2026. (10) No regulations under subsection (7) may be made unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament. (11) In this section— “eligible” has the meaning determined in accordance with regulations under subsection (7)(a); “London joint committee” means a joint committee established under section 101(5) of the Local Government Act 1972 by— all the London borough councils, and the Common Council of the City of London.

Propose a change

67 Community right to buy assets of community value and protection of sporting assets

Schedule 31 makes provision for a community right to buy assets of community value and for the protection of sporting assets of community value in England, and related minor and consequential amendments.

Propose a change

68 Prohibition of parking on footways and verges

Schedule 32 makes provision about the prohibition of the parking of motor vehicles on footways and verges.

Propose a change

69 Secretary of State to have power to discharge statutory trusts

(1) LGA 1972 is amended in accordance with this section. (2) After section 128 (consents to land transactions by local authorities and protection of purchasers) insert— Discharge of statutory trusts Statutory trust discharge orders 128A (1) The Secretary of State may make an order under this section in relation to land in England (a “statutory trust discharge order”). (2) The Secretary of State may not make a statutory trust discharge order in relation to land unless— (a) a person has applied to the Secretary of State for the statutory trust discharge order to be made in relation to the land, and (b) the Secretary of State is satisfied that the qualifying conditions are met (see section 128D). (3) The effect of an order being made in relation to land is that the land is freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with— (a) section 164 of the Public Health Act 1875 (pleasure grounds), or (b) section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds). (4) The order has that effect in relation to that land generally (and so its effect is not limited to that land as freehold or leasehold land as held by the applicant for the order). (5) The Secretary of State may, by regulations, make provision as to the making and determination of any application for a statutory trust discharge order. (6) Regulations under subsection (5) may in particular make provision as to— (a) the steps to be taken by a person before making an application; (b) the form of an application; (c) the information or evidence to be supplied with an application; (d) the publication of an application; (e) the holding of an inquiry before determination of an application; (f) the evidence to be taken into account in making a determination and the weight to be given to any evidence. (7) Regulations under subsection (5) may include provision for the Secretary of State to appoint a person to discharge any or all of the Secretary of State’s functions in relation to an application for a statutory trust discharge order. (8) The power under subsection (5) to make regulations includes power to make— (a) different provision for different cases; (b) incidental, supplementary or consequential provision; (c) transitional or saving provision. (9) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament. (10) Section 128G contains further provision about the making of statutory trust discharge orders. Applications for statutory trust discharge orders 128B (1) A person making an application must have regard to any guidance issued by the Secretary of State (whether relating to how the application is made or to its form or content). (2) Qualifying condition B (see section 128D(3)) limits which kind of person is able to make a successful application. (3) An application may be varied after it has been made (and section 128A, this section, and sections 128D to 128G then apply to the application as varied). (4) The Secretary of State may require a person making an application to pay a fee before the Secretary of State considers the application (the “application fee”). (5) The application fee is to be of an amount specified in, or determined in accordance with, regulations made under section 128A(5). (6) The determination of an application for a statutory trust discharge order which relates to particular land does not prevent a further application from being made subsequently in relation to the same land. (7) But the Secretary of State may reject a further application if the Secretary of State considers that there has not been a material change in the circumstances relevant to the qualifying conditions. (8) If a further application is rejected, the Secretary of State must publish notice of the rejection in the manner which the Secretary of State considers appropriate. Applications where land has been divided up 128C (1) This section applies where— (a) a principal council, parish council or parish meeting appropriated or disposed of land, and (b) the freehold or leasehold title to that land has subsequently been divided. (2) An application may be made in relation to the land comprised in any of the relevant titles. (3) A single joint application may be made in relation to the land comprised in two or more of the relevant titles, and, in the case of such an application, the question of whether the qualifying conditions are met must be decided separately in relation to the land comprised in each title. (4) For the purposes of this section— (a) a freehold title is “divided” if either or both of the following occurs— (i) the title is divided into two or more different freehold titles; (ii) a lease (including a sublease) is granted over some or all of the land comprised in the freehold title; (b) a leasehold title is “divided” if— (i) the title is divided into two or more different leasehold titles (for example by an assignment of part); (ii) a sublease (including a sublease that is not immediately inferior to the leasehold title) is granted over some or all of the land comprised in the leasehold title. (5) In this section “relevant title” means— (a) the freehold title to the whole or a part of the land appropriated or disposed of; (b) the title to a long lease of the whole or a part of the land appropriated or disposed of. The qualifying conditions 128D (1) This section sets out the “qualifying conditions” (referred to in section 128A(2)(b)). (2) Qualifying condition A: the application for the statutory trust discharge order identifies land in England in relation to which the order is being sought. (3) Qualifying condition B: the applicant for the order is— (a) the freehold owner of the relevant land, or (b) the tenant of the relevant land under a long lease, whether granted before or after commencement, at the time of the application (whether or not by virtue of the previous appropriation or disposal). (4) Qualifying condition C: a principal council, parish council or parish meeting— (a) appropriated, or (b) disposed of, the relevant land at a time before the application for the statutory trust discharge order is made (the “previous appropriation or disposal”). (5) It does not matter whether the previous appropriation or disposal occurred before or after commencement. (6) Qualifying condition D: the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal. (7) For the purposes of determining whether qualifying condition D is met— (a) it is sufficient that the previous advertisement procedure was not complied with; (b) accordingly, it is irrelevant— (i) whether the previous advertisement procedure in fact had to be complied with, or (ii) whether the land was in fact land held in trust for enjoyment by the public in accordance with a trust of the kind mentioned in section 128A(3). (8) Section 128F includes provision for presuming that the previous advertisement procedure was not complied with; and qualifying condition D must be taken to be met if that presumption is made. (9) Qualifying condition E: the new publicity requirements have been complied with. (10) Qualifying condition F: it is in the public interest for the relevant land to be freed from the trusts by virtue of the order. (11) The reference in subsection (10) to the public interest includes the public interest in— (a) nature conservation; (b) the conservation of the landscape; (c) the protection of public rights of access to the relevant land; (d) the protection of archaeological remains and features of historic interest; (e) development proposals relating to the relevant land; (f) economic, environmental or social benefits which the order would facilitate if made. The new publicity requirements 128E (1) This section sets out the “new publicity requirements” (referred to in qualifying condition E in section 128D(9)). (2) The applicant must publish a notice of the application in four consecutive weeks— (a) in a local newspaper, and, if there are two or more local newspapers, it must be the main local newspaper; (b) if there is no local newspaper, either— (i) in a national newspaper, or (ii) on a website with a readership in the local area that is comparable to the readership of a local newspaper. (3) If— (a) a newspaper is published in print and on a website, and (b) it is possible to publish notices of the kind required by subsection (2) in both versions, a requirement under subsection (2) to publish a notice in the newspaper can only be complied with by publication of the notice in both versions. (4) If the applicant is a principal council, a parish council or parish trustees, they must also publish a notice of the application for a period of 28 days on their website (if they have one). (5) The applicant must display a notice of the application for a period of 28 days at the point of entry, or at the main points of entry, to the relevant land. (6) The Secretary of State must publish a notice of the application for a period of 28 days on the website, or main website, containing information about the Secretary of State’s department. (7) A notice under this section must identify the relevant land. (8) A notice under this section must— (a) state that a person who wishes to make representations about whether or not the order should be made may notify the Secretary of State of the representations, and (b) state the manner in which, and date by which, representations must be notified; and that date must be later than the last day of the period of 56 days beginning with the day when that notice is first published or displayed. (9) When publishing or displaying a notice under this section, the applicant must have regard to any guidance issued by the Secretary of State (whether relating to its publication or display or its form or content). (10) In this section— “local area” means area in which the relevant land is situated; “local newspaper” means a newspaper circulating in the local area. Previous advertisement procedure: co-operation by councils etc and presumption 128F (1) This section applies if an application has been made to the Secretary of State for a statutory trust discharge order. (2) The Secretary of State must notify the relevant council or parish trustees of— (a) the application, (b) the relevant land, and (c) the information about the previous appropriation or disposal which the Secretary of State has as a result of the application. (3) Within the response period, the relevant council or parish trustees must give the Secretary of State— (a) notice which— (i) confirms that the previous advertisement procedure was complied with in relation to the previous appropriation or disposal, (ii) confirms that the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal, or (iii) states that the relevant council or parish trustees are not able to confirm either of those things, and (b) any information relating to compliance, or non-compliance, with the previous advertisement procedure which the relevant council or parish trustees have. (4) If the relevant council or parish trustees— (a) give the Secretary of State a notice under subsection (3)(a)(iii) within the response period, or (b) do not give the Secretary of State any notice under subsection (3)(a) within the response period, the Secretary of State must presume that the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal, unless the Secretary of State is satisfied that the procedure was complied with. (5) In this section— “relevant council or parish trustees” means— in a case where a principal council undertook the previous appropriation or disposal, the principal council for the area where the relevant land is situated; in a case where a parish council undertook the previous appropriation or disposal— the parish council or parish trustees for the area where the relevant land is situated, or if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated; in a case where a parish meeting undertook the previous appropriation or disposal— the parish trustees or parish council for the area where the relevant land is situated, or if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated; “response period”, in relation to a notification given by the Secretary of State under subsection (2), means the period of 28 days beginning with the day on which the notice is received by the relevant council or parish trustees. Making statutory trust discharge orders 128G (1) In deciding whether to make a statutory trust discharge order, the Secretary of State must take into account all matters that are relevant, including these matters— (a) whether, and how, the person making the application has had regard to the guidance issued by the Secretary of State under section 128B(1) and section 128E(9); (b) any representations about whether or not the order should be made that are notified to the Secretary of State (including any representations made by persons who are freehold owners, or tenants, of land comprised in the previous appropriation or disposal but who are not applying for the order). (2) A statutory trust discharge order may relate to only some of the relevant land specified in the application. (3) A statutory trust discharge order takes effect— (a) on the day after the day on which the order is made, or (b) if the order specifies a later day on which it is to take effect, on that day. (4) In relation to each application for a statutory trust discharge order, the Secretary of State— (a) must publish notice of the decision whether or not to make the order, and (b) if the order is made, must publish the order. (5) That notice, or the order, is to be published in the manner which the Secretary of State considers appropriate. Sections 128A to 128G: interpretation and application to the Crown 128H (1) In sections 128A to 128G and this section— “application” means an application for a statutory trust discharge order; “commencement” means the coming into force of section 69 of the English Devolution and Community Empowerment Act 2026; “long lease” means a lease which was granted for a term of 20 years or longer; “new publicity requirements” has the meaning given in section 128E(1); “previous advertisement procedure” means whichever of the following applied to the previous appropriation or disposal— the requirement to advertise notice of the intention to make the appropriation in accordance with— section 122(2A) in the case of an appropriation by a principal council; section 126(4A) in the case of an appropriation by a parish council or parish meeting; the requirement to advertise notice of the intention to make the disposal in accordance with— section 123(2A) in the case of a disposal by a principal council; section 123(2A) as applied by section 127(2) in the case of a disposal by a parish council or parish meeting; “previous appropriation or disposal” has the meaning given in section 128D(4); “qualifying conditions” has the meaning given in section 128D(1); “relevant land” means the land identified in the application for a statutory trust discharge order as the land relation to which the order is being sought; “statutory trust discharge order” has the meaning given in section 128A(1). (2) A reference in sections 128A to 128G to the freehold owner, or the tenant under a long lease, is a reference to— (a) the Crown Estate Commissioners, if the freehold or long lease belongs to His Majesty in right of the Crown and forms part of the Crown Estate; (b) the government department having the management of the freehold or long lease, if it belongs to His Majesty in right of the Crown but does not form part of the Crown estate; (c) the government department concerned, if the freehold or long lease belongs to a government department or is held in trust for His Majesty for the purposes of a government department; (d) a person appointed by His Majesty in writing under the Royal Sign Manual, or if no such appointment is made the Secretary of State, if the freehold or long lease belongs to His Majesty in right of His private estates (which must be construed in accordance with section 1 of the Crown Private Estates Act 1862); (e) the Chancellor of the Duchy of Lancaster, if the freehold or long lease belongs to His Majesty in right of the Duchy of Lancaster; (f) a person appointed by the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, if the freehold or long lease belongs to the Duchy of Cornwall. (3) In section 266(1) (orders which are to be made by statutory instrument), for “other than section 261 above” substitute “other than section 128A(1)”.

Propose a change

88 Extension of general power of competence to English National Park authorities and the Broads Authority

Schedule 33 amends the Localism Act 2011 to extend the general power of competence to English National Park authorities and the Broads Authority.

Propose a change

89 Establishment of Local Audit Office

(1) In the Local Audit and Accountability Act 2014, after Part 1 insert— Part 1A The Local Audit Office Establishment and constitution 1A (1) A body corporate called the Local Audit Office is established. (2) Schedule 1A makes provision about the Office, including provision about its constitution and proceedings. Main objective 1B (1) The main objective of the Local Audit Office in performing its functions is to secure the effective operation of the system of audit established by this Act, with a view to meeting the needs of users of the audited accounts. (2) That includes, in particular, securing— (a) that audits under this Act are carried out to a high standard, and (b) that there is a suitable range of persons able and willing to carry out such audits. Financial matters 1C (1) The Secretary of State may pay grants to the Local Audit Office. (2) The Office must, on request by the Secretary of State, provide estimates of its income and expenditure. (3) The Office may charge a person a fee for the exercise in relation to that person of any of its functions that is not the subject of more specific provision about fees. (4) That includes functions under— (a) an agreement under section 6B(5)(a), or (b) rules or arrangements made for the purposes of Schedule 1C. (5) A fee charged by the Office (under subsection (3) or otherwise) need not be calculated by reference to the cost of doing the thing to which the fee relates. (6) But the Office must set its fees with a view to securing that, over time, its income from fees is broadly equivalent to such of its expenditure as is not met by way of grant from the Secretary of State. (7) In subsection (6)— (a) the reference to fees includes other sums payable to the Office by agreement (see in particular section 6B(5)(b)), and (b) the reference to setting fees includes agreeing fees and other sums so payable. (8) Subsection (9) applies to any sum received by the Office by way of penalty under— (a) paragraph 3 of Schedule 1B (penalties against external registration body), or (b) arrangements made for the purposes of paragraph 10 of Schedule 1C (penalties against registered local audit provider), including any interest. (9) The Office— (a) must pay the sum to the Secretary of State, but (b) may deduct any costs incurred by it in connection with the imposition or enforcement of the penalty, so far as those costs are not otherwise recoverable. Oversight and intervention by Secretary of State 1D (1) The Local Audit Office must exercise its functions in accordance with any direction, and having regard to any guidance, given to it by the Secretary of State. (2) The Office must comply with any written request by the Secretary of State to be provided with information about the exercise of the Office’s functions. (3) Such a request may cover information about the exercise of functions after the request is made. (4) No direction, guidance or request under this section may relate to the exercise of functions in relation to a particular relevant authority. (5) The Secretary of State must— (a) consult the Local Audit Office before giving any direction or guidance under this section, and (b) publish any direction or guidance given under this section. (2) Schedule 34 makes further provision about the Local Audit Office (including the insertion of the Schedule 1A referred to above).

Propose a change

90 Local audit providers: registration and public provision

(1) In the Local Audit and Accountability Act 2014, after Part 2 insert— Part 2A Providers of audit services Local audit register 6A (1) The Local Audit Office must secure that there is at least one public register of individuals and firms who are (by virtue of their registration) entitled to carry out audits in accordance with this Act. (2) It may do so by— (a) keeping a register itself, or (b) designating another body as an external registration body (see section 6B). (3) An external registration body must keep a register meeting the description in subsection (1). (4) In this Act— “local audit register” means a register kept in accordance with this section; “registered local audit provider” means an individual or firm that is registered in a local audit register. (5) Fees may be charged in respect of— (a) applications for registration in a local audit register; (b) entry in such a register; (c) remaining in such a register. External registration bodies 6B (1) The Local Audit Office may designate a body as an external registration body only if— (a) the body consents, and (b) the Office is satisfied that— (i) the body is able and willing to co-operate with the Office in pursuit of the objective set out in section 1B, (ii) the body is able and willing to promote and maintain high standards of integrity in the conduct of audits under this Act, and (iii) the rules and arrangements of the body that will have effect in relation to registered local audit providers and lead partners (see in particular Schedule 1C) will be fair, reasonable, and fit for purpose. (2) The Office— (a) may revoke the designation of an external registration body, and (b) must do so if no longer satisfied of the matters set out in subsection (1)(b), unless it considers that the body is likely to satisfy it of those matters again within a reasonable period. (3) The making or revocation of a designation is to be done by written notice to the body in question; and the Office must publish such a notice. (4) The making or revocation is to have effect from the time specified in the notice. (5) The Local Audit Office and an external registration body, or a body that anticipates becoming an external registration body, may enter into an agreement about— (a) how the body is to carry out its functions as an external registration body; (b) fees, costs or other sums that are to be paid by the body to the Office; (c) circumstances in which the Office will or will not exercise its power under subsection (2)(a); (d) procedures to be followed in order for the Office to reach a decision whether to exercise that power or whether its duty under subsection (2)(b) is engaged. (6) Fees charged by an external registration body under section 6A(5) may be calculated by reference to any costs borne by the body as a result of this Act. (7) Schedule 1B makes further provision about external registration bodies, including provision for the enforcement of their duties. Eligibility and regulation of registered providers 6C (1) The body that keeps a local audit register must comply with the requirements of Schedule 1C (which sets out requirements in connection with the register, including requirements about eligibility for registration and the regulation of registered providers). (2) The requirements of Schedule 1C do not limit the ability of the body to have in place rules or arrangements going beyond those requirements (whether relating to the same or different subject matter). (3) An agreement under section 6B(5)(a) may, accordingly, include terms supplementing those requirements or imposing additional requirements. Professional qualifications 6D In Schedule 1D— (a) Part 1 sets out certain requirements as to professional qualification referred to in Schedule 1C, and (b) Part 2 makes provision about bodies offering qualifications referred to in Part 1. Powers of Local Audit Office to facilitate provision by firms 6E The Local Audit Office may— (a) form a firm, (b) acquire interests in a firm, or (c) give assistance (financial or otherwise) to a firm, with a view to the firm becoming, or remaining, a registered local audit provider that carries out audits under this Act. Scrutiny of Local Audit Office as audit provider 6F (1) This section applies if the Local Audit Office decides that it is to carry out audits under this Act. (2) The Office must put in place arrangements under which its audit practice will be monitored, inspected and reported on by persons acting independently of the Office. (3) The Office must send to the Secretary of State reports made to it under the arrangements. (2) Schedule 35 inserts the Schedule 1B, Schedule 1C and Schedule 1D referred to above.

Propose a change

94 Audit committees

In the Local Audit and Accountability Act 2014, before section 34 insert— Audit committees 33A (1) A relevant authority other than a health service body must— (a) have an audit committee, and (b) arrange for its audit committee to exercise the functions set out in subsection (3). (2) The audit committee is to be— (a) in the case of a relevant authority that has a general power under an enactment to appoint committees, a committee of the authority designated by the authority as its audit committee, or (b) in any other case, a group of individuals appointed by the relevant authority. (3) The functions referred to in subsection (1)(b) are— (a) reviewing and scrutinising the authority’s financial affairs, (b) reviewing and assessing the authority’s risk management, internal control and governance arrangements, (c) reviewing and assessing the economy, efficiency and effectiveness with which resources have been used in discharging the authority’s functions, and (d) making reports and recommendations to the authority in relation to reviews conducted under paragraphs (a), (b) and (c). (4) The Secretary of State may by regulations provide for an enactment that applies in relation to a relevant authority, or a committee of a relevant authority, to apply, with or without modification, in relation to a group of individuals appointed under subsection (2)(b). (5) The Secretary of State may by regulations make provision about— (a) the membership of an audit committee; (b) the appointment of the members; (c) payment to the members of allowances, expenses, gratuities or pensions. (6) Provision must be made under subsection (5) so as to ensure that at least one member of an audit committee is an independent person, as defined by the regulations. (7) Regulations under subsection (5)(c) may, in particular, make provision applying provision made, or corresponding to any provision that could be made, under section 18 of the Local Government and Housing Act 1989 or section 100 of the Local Government Act 2000. (8) Subsection (5)(c) does not affect the application of the enactments referred to in subsection (7), or provision made under them, in relation to members of an audit committee. (9) In the case of a relevant authority within subsection (2)(a), the powers of the authority in relation to its committees are to be taken to include (so far as they would otherwise not)— (a) the powers necessary to give effect to regulations under subsection (5), and (b) the power to appoint to its audit committee persons who are not members of the authority (even where not required by regulations under subsection (5)). (10) A relevant authority must have regard to any guidance issued by the Secretary of State in relation to audit committees. (11) References in this section to a committee of a relevant authority include a sub-committee of such a committee.

Propose a change

96 Smaller authorities: change of terminology

(1) In sections 5 and 6 of the Local Audit and Accountability Act 2014 (smaller authorities), for “smaller”, in each place it occurs except section 5(6)(b), substitute “category 2”. (2) In any regulations, guidance or other instrument made or issued under that Act before this section comes into force, any reference to a smaller authority is to be read, in relation to matters arising after this section comes into force, as a reference to a category 2 authority.

Propose a change

97 Power to provide for smaller authority treatment in previous years where audit outstanding

(1) The Secretary of State may by regulations make provision applying in a case set out in subsection (2) and having the effect set out in subsection (3). (2) The case is one in which an audit has not been completed in relation to the accounts of a relevant authority other than a smaller authority for any of the following financial years— (a) that ending with 31 March 2023, (b) that ending with 31 March 2024, and (c) that ending with 31 March 2025. (3) The effect is that of enabling an audit to be carried out or completed, or anything in relation to the audit to be done, as if the relevant authority had been a smaller authority for the financial year or years in question. (4) Subsections (2) and (3) are to be read as if they were contained in the Local Audit and Accountability Act 2014 (as it has or had effect in relation to the financial years concerned). (5) Regulations under this section may modify any time limit (whether or not it has already been reached). (6) Regulations under this section are subject to negative resolution procedure.

Propose a change

98 Amendment paving way for separation of LGPS accounts

In section 20 of the Local Audit and Accountability Act 2014 (general duties of auditors), for subsection (3) substitute— (3) If a statement of accounts prepared by a relevant authority under this Act includes both— (a) accounts of a pension fund maintained by the authority under regulations under section 1 of the Public Service Pensions Act 2013 as they relate to local government workers (within the meaning of that Act), and (b) other accounts of the authority, the authority’s local auditor must give a separate opinion on the part of the statement that relates to the accounts of the pension fund.

Propose a change

99 Minor and consequential amendments

Schedule 36 makes further amendments in connection with local audit.

Propose a change

100 Rent reviews and arrangements for new tenancies

(1) After section 54 of the Landlord and Tenant Act 1954 insert— Rent reviews and arrangements for new tenancies 54A (1) Schedule 7A makes provision about rent reviews. (2) Schedule 7B makes provision about terms relating to rent in arrangements which require a new tenancy to be granted or taken. (2) Schedule 37 inserts the new Schedules 7A and 7B into the Landlord and Tenant Act 1954 and otherwise amends that Act.

Propose a change

101 Interpretation

(1) In this Act— “area of competence” has the meaning given in section 2; “category of strategic authorities” means each of the following— the single foundation strategic authorities; the combined foundation strategic authorities; the mayoral strategic authorities except the established mayoral strategic authorities; the established mayoral strategic authorities; “CCA” means a combined county authority established under section 9(1) of LURA 2023; “combined authority” means a combined authority established under section 103 of LDEDCA 2009; “county council” means a county council in England; “established”, in relation to a mayoral strategic authority, has the meaning given in section 1; “foundation strategic authority” means— a single foundation strategic authority, or a combined foundation strategic authority; “FRSA 2004” means the Fire and Rescue Services Act 2004; “GLA” means the Greater London Authority; “GLA functional body” means a functional body within the meaning of the GLAA 1999 (see section 424 of that Act); “GLAA 1999” means the Greater London Authority Act 1999; “LDEDCA 2009” means the Local Democracy, Economic Development and Construction Act 2009; “legislation” means— an Act of Parliament, or secondary legislation; “LGA 1972” means the Local Government Act 1972; “LGA 1985” means the Local Government Act 1985; “LGA 2000” means the Local Government Act 2000; “LGFA 1988” means the Local Government Finance Act 1988; “LGPIHA 2007” means the Local Government and Public Involvement in Health Act 2007; “LURA 2023” means the Levelling-up and Regeneration Act 2023; “mayor for an EMSA” means— the mayor for the area of a mayoral combined authority, or mayoral CCA, that is an established mayoral strategic authority, or the Mayor of London; “mayoral CCA” or “mayoral combined county authority” means a CCA for an area for which provision is made in regulations under section 27(1) of the Levelling-up and Regeneration Act 2023 for there to be a mayor; “mayoral combined authority” means a combined authority for an area for which provision is made in an order under section 107A of LDEDCA 2009 for there to be a mayor; “mayoral strategic authority” has the meaning given in section 1; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; “non-mayoral CCA” or “non-mayoral combined county authority” means a CCA which is not a mayoral CCA; “non-mayoral combined authority” means a combined authority which is not a mayoral combined authority; “PRSRA 2011” means the Police Reform and Social Responsibility Act 2011; “secondary legislation” means any instrument under an Act of Parliament; “strategic authority”, in relation to a mayoral strategic authority, has the meaning given in section 1; “unitary district council” means a district council (in England) whose area does not form part of the area of a county council.

Propose a change

102 Saving of orders and regulations relating to combined authorities and CCAs

(1) This section applies to any provision of any subordinate legislation made under— (a) Part 6 of LDEDCA 2009, or (b) Chapter 1 of Part 2 of LURA 2023, before this section comes into force (the “subordinate legislation”). (2) The provision made by Part 1 or 2 of this Act (the “primary legislation”) does not impliedly amend, modify or revoke the subordinate legislation. (3) Accordingly— (a) the primary legislation does not affect any contrary subordinate legislation; and (b) the primary legislation has effect subject to the contrary subordinate legislation. (4) For that purpose “contrary subordinate legislation” means any of the subordinate legislation that— (a) makes provision which is to continue to apply instead of the primary legislation by virtue of subsection (2), or (b) makes modifications or other contrary provision to which the primary legislation is to continue to be subject by virtue of subsection (2). (5) For provision about the relationship between— (a) the powers under which the subordinate legislation is made, and (b) the primary legislation, see section 104CC of LDEDCA 2009 or section 24C of LURA 2023 (inserted by section 7 of this Act). (6) This section does not prevent the exercise of the power conferred by section 103 to make amendments, modifications or revocations of the subordinate legislation that are consequential on the primary legislation. (7) A reference in this section to the provision made by Part 1 or 2 of this Act includes any legislation as amended by that provision.

Propose a change

103 Power to make consequential provision

(1) The Secretary of State may by regulations make provision that is consequential on this Act. (2) Regulations under this section may amend or repeal provision made by an Act of Parliament passed before, or in the same Session as, this Act. (3) Regulations under this section which amend or repeal provision made by an Act of Parliament (whether or not they also contain other provision) are subject to affirmative resolution procedure. (4) Any other regulations under this section are subject to negative resolution procedure.

Propose a change

104 Certain orders and regulations provided for by Parts 1 and 2

(1) Section 117 of LDEDCA 2009 (orders and regulations) is amended in accordance with subsections (2) to (5). (2) In subsection (2) for “An order to which subsection (2A) applies” substitute “Subject to subsections (2A) and (3), an order under this Part”. (3) In subsection (2A)— (a) for “This subsection applies to an order under this Part other than—” substitute “Subsection (2) does not apply to—”; (b) before paragraph (a) insert— (za) an order under section 107FA, ; (c) in paragraph (b), omit the second “or”; (d) after paragraph (b) insert— (ba) an order under section 113E, . (e) at the end of paragraph (c) insert , or” (d) an order under Schedule 5BA. (4) In subsection (3A), after “107K(1)” insert “or Schedule 5AA”. (5) In subsection (5), for “(2A)(a) or (b)” substitute “(2A)(za) to (ba) or (2A)(d)”. (6) Section 252 of LURA 2023 (regulations) is amended in accordance with subsections (7) to (9). (7) In subsection (2)— (a) for “(8)(a)” substitute “(8)(aa)”; (b) before “, includes” insert “or (8)(l), or regulations under Schedule 1A”. (8) In subsection (5)(a)— (a) after “subsection” insert “(8)(ac) or”; (b) after “(c)” insert “or (8)(l)”. (9) In subsection (8), before paragraph (a) insert— (ac) under section 33A; .

Propose a change

105 Regulations

(1) Regulations under this Act are to be made by statutory instrument. (2) Any power to make regulations under this Act includes power to make— (a) different provision for different purposes; (b) incidental, supplementary or consequential provision; (c) transitional or saving provision. (3) Where this Act provides that regulations are “subject to affirmative resolution procedure”, a statutory instrument containing the regulations may not be made unless a draft of it has been laid before, and approved by, each House of Parliament. (4) Where this Act provides that regulations are “subject to negative resolution procedure”, a statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament. (5) Any provision that may be made by regulations under this Act that are subject to negative procedure may be made by regulations that are subject to affirmative procedure. (6) If a draft of a statutory instrument containing regulations under this Act would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (7) This section does not apply to regulations under section 108.

Propose a change

← Find another law