107N Public authorities: duty to have regard to shared local growth priorities
(1) A relevant public authority must have regard to a shared local growth priority of a mayoral combined authority when—
(a) exercising, at the request of the mayoral combined authority, a function which could reasonably be expected to have an effect on that priority;
(b) preparing a bid for public funding for an activity the objectives of which align with that priority;
(c) preparing a statutory plan or strategy which relates to that priority.
(2) Where a relevant public authority carries out activities in England and anywhere else in the United Kingdom, the duty under subsection (1) only applies in relation to activities that the authority carries out in England.
(3) A “relevant public authority” means a public authority specified in regulations made by the Secretary of State.
(4) In this section—
“enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“public authority” means any public authority other than—
the Welsh Ministers;
a devolved Welsh authority within the meaning of section 157A of the Government of Wales Act 2006;
“public funding” means funding from a Minister of the Crown or government department;
“shared local growth priorities” has the meaning given by section 107L(2)(b);
“statutory plan or strategy” means a plan or strategy that a public authority is required by an enactment to issue or publish.
(5) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.
109A Proposal for new combined authority (locally led)
(1) One or more authorities to which this section applies may—
(a) prepare a proposal for the establishment of a combined authority for an area, and
(b) submit the proposal to the Secretary of State.
(2) This section applies to the following authorities—
(a) a county council the whole or any part of whose area is within the proposed area;
(b) a district council whose area is within the proposed area;
(c) an EPB the whole or any part of whose area is within the proposed area;
(d) an ITA the whole or any part of whose area is within the proposed area;
(e) a combined county authority the whole or any part of whose area is within the proposed area.
(3) In this section—
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“the proposed area” means the area for which the combined authority is proposed to be established.
(4) Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—
(a) carry out a public consultation across the proposed area on the proposal, and
consult the relevant consultees,
(b) have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.
(4A) The “relevant consultees” for the purposes of subsection (4)(a) are—
(a) the constituent councils, and
(b) any other persons that the authority or the authorities preparing the proposal consider it appropriate to consult.
(5) The requirements in subsection (4) may be satisfied by things done before the coming into force of this section.
(6) If a proposal under this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State.
(7) A proposal under this section must specify the purposes to be achieved by the establishment of the combined authority.
(8) The Secretary of State may by regulations—
(a) make further provision about the matters which must be addressed by a proposal under this section;
(b) make provision about material which must be included in or submitted with a proposal under this section.
(9) Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision.
110 Requirements in connection with establishment of combined authority
(1) The Secretary of State may make an order establishing a combined authority for an area only if—
(a) the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,
(aa) the Secretary of State considers that to do so is appropriate having regard to the need—
(i) to secure effective and convenient local government, and
(ii) to reflect the identities and interests of local communities,
(ab) where a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,
(b) the constituent councils consent, and
(c) any consultation required by subsection (2) has been carried out.
(1A) If a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State must have regard to the proposal in making the order.
(2) The Secretary of State must carry out a public consultation unless—
(a) a proposal has been prepared under section 109A,
(b) a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and
(c) the Secretary of State considers that no further consultation is necessary.
(3) In this section “constituent council” means—
(a) a county council the whole or any part of whose area is within the area for which the combined authority is to be established, or
(b) a district council whose area is within the area for which the combined authority is to be established.
(3A) Subsection (3B) applies where the Secretary of State is considering whether to make an order establishing a combined authority for an area and—
(a) part of the area is separated from the rest of it by one or more local government areas that are not within the area, or
(b) a local government area that is not within the area is surrounded by local government areas that are within the area.
(3B) In deciding whether to make the order, the Secretary of State must have regard to the likely effect of the creation of the proposed combined authority on the exercise of functions equivalent to those of the proposed combined authority's functions in each local government area that is next to any part of the proposed combined authority area.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may make an order establishing a combined authority for an area (whether or not including other provision made under this Part) only if the following requirements are met in relation to the order.
(2) The Secretary of State considers that the statutory test is met.
(3) The order must—
(a) implement a proposal submitted to the Secretary of State in accordance with section 109A (proposal for new combined authority - locally led), with or without modifications, or
(b) implement a proposal which the Secretary of State is satisfied that the constituent councils have consented to in principle.
(4) If the order falls under subsection (3)(a) or (b), the consultation requirement must be met.
(5) If the order falls under subsection ..., the Secretary of State must in making the order have regard to any representations received before the end of the period specified in the notice.
(6) The “statutory test” is that it is appropriate to make the order in relation to the area having regard to the need to secure effective and convenient local government in relation to the areas of competence.
(7) The “consultation requirement” is that the Secretary of State has consulted—
(a) if the order falls under subsection (3)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—
(i) the proposal that the order will implement, and
(ii) any modifications to that proposal;
(b) if the order falls under subsection (3)(b), the relevant consultees about the proposal.
(8) Subsection (9) applies where the Secretary of State is considering whether to make an order establishing a combined authority for an area and—
(a) part of the area is separated from the rest of it by one or more local government areas that are not within the area, or
(b) a local government area that is not within the area is surrounded by local government areas that are within the area.
(9) In deciding whether to make the order, the Secretary of State must have regard to the likely effect of the creation of the proposed combined authority on the exercise of functions equivalent to those of the proposed combined authority's functions in each local government area that is next to any part of the proposed area.
(10) The requirements of this section do not apply to an order to the extent that it includes provision made under section 107F (functions of mayors: policing).
(11) In this section—
“areas of competence” has the meaning given by section 2 of the English Devolution and Community Empowerment Act 2026;
“proposed area” means the area for which the combined authority is proposed to be established;
the “relevant consultees”, in relation to subsection (7)(b) are—
the constituent councils, and
any other persons that the Secretary of State considers it appropriate to consult.
112A Proposal for changes to existing combined arrangements (locally led)
(1) One or more authorities to which this section applies may—
(a) prepare a proposal for the making of an order under section 104, 105, 105A, 106, 107, 107A, 107D or 107F any of the relevant sections in relation to an existing combined authority, and
(b) submit the proposal to the Secretary of State.
(1A) The “relevant sections” are—
(a) section 104 (constitution and functions: transport);
(b) section 105 (constitution and functions: local authority functions generally);
(c) section 105A (other public authority functions);
(d) section 106 (changes to boundaries);
(e) section 107 (dissolution);
(f) section 107A (power to provide for election of mayor);
(g) section 107D (functions of mayors: general).
(2) This section applies to the following authorities—
(a) the combined authority;
(b) a county council the whole or any part of whose area is within the area of the combined authority;
(c) a district council whose area is within the area of the combined authority;
(d) in the case of a proposal for the making of an order under section 106 to add all or part of the area of a county council to the area of the combined authority, that county council;
(e) in the case of a proposal for the making of an order under section 106 to add the area of a district council to the area of the combined authority, that district council.
(3) Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—
(a) carry out a public consultation across—
(i) the area of the combined authority, and
(ii) in the case of a proposal for the making of an order under section 106 to add a local government area to the area of the combined authority, that local government area, and
consult any persons that the authority or the authorities consider it appropriate to consult, and
(b) have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.
(4) The requirements in subsection (3) may be satisfied by things done before the coming into force of this section.
(5) Before a proposal under this section for the making of an order under section 104, 105, 105A or 107D is submitted to the Secretary of State, each person who would have to consent to the making of the order must consent to the submission of the proposal.
(5A) Before a proposal under this section for the making of an order under section 106 or 107 is submitted to the Secretary of State, the relevant consenting authorities must consent to the submission of the proposal.
(5B) Before a proposal under this section for the making of an order under section 107A is submitted to the Secretary of State, the constituent councils and the combined authority must consent to the submission of the proposal.
(6) If a proposal under this section is submitted to the Secretary of State by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5) , (5A) or (5B).
(6A) In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 104, 105, 105A or 107D, the consent of an authority is taken to be required even if the requirement for their consent under that section does not apply where a proposal is made under this section.
(7) In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 105A, subsections (3) and (4) of section 105B (limited consent requirements) are to be disregarded.
(8) In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 107A, section 107B(3)(b) (limited consent requirements) is to be disregarded.
(9) A proposal under this section must specify the purposes to be achieved by the order which it proposes should be made.
(9A) For the meaning of the “relevant consenting authorities” in relation to an order under section 106 or 107 see sections 113ZB and 113ZC.
(10) The Secretary of State may by regulations—
(a) make further provision about the matters which must be addressed by a proposal under this section;
(b) make provision about material which must be included in or submitted with a proposal under this section.
(11) Regulations under subsection (10) may make incidental, supplementary, consequential, transitional, transitory or saving provision.
113 Requirements in connection with changes to existing combined arrangements
(1) The Secretary of State may make an order under section 104, 105, 105A, 106, 107, 107A, 107D or 107F in relation to an existing combined authority only if—
(a) the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,
(aa) the Secretary of State considers that to do so is appropriate having regard to the need—
(i) to secure effective and convenient local government, and
(ii) to reflect the identities and interests of local communities,
(ab) where a proposal for the making of the order has been submitted under section 112A, the Secretary of State considers that making the order will achieve the purposes specified under subsection (9) of that section, and
(b) any consultation required by subsection (2) has been carried out.
(1A) If a proposal for the making of the order has been submitted under section 112A, the Secretary of State must have regard to the proposal in making the order.
(2) The Secretary of State must carry out a public consultation unless—
(a) a proposal has been prepared under section 112A,
(b) a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and
(c) the Secretary of State considers that no further consultation is necessary.
(2A) Subsection (2B) applies where the Secretary of State is considering whether to make an order under section 106 and—
(a) part of the area to be created is separated from the rest of it by one or more local government areas that are not within the area, or
(b) a local government area that is not within the area to be created is surrounded by local government areas that are within the area.
(2B) In deciding whether to make the order under section 106, the Secretary of State must have regard to the likely effect of the change to the combined authority's area on the exercise of functions equivalent to those of the combined authority's functions in each local government area that is next to any part of the area to be created by the order.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) This section does not apply to an order under section 106(1)(b) that is made as a result of the duty in section 105B(5) or 107B(4).
(1) The Secretary of State may make an order under any of the relevant sections in relation to an existing combined authority only if—
(a) the Secretary of State considers that the statutory test is met, and
(b) any consultation required by subsection (3) or (4) has been carried out.
(2) The “relevant sections” are—
(a) section 104 (constitution and functions: transport);
(b) section 105 (constitution and functions: local authority functions generally);
(c) section 105A (other public authority functions);
(d) section 107A (power to provide for election of mayor);
(e) section 107D (functions of mayors: general).
(3) If the order implements a proposal submitted to the Secretary of State in accordance with section 112A, the Secretary of State must consult such persons (if any) as the Secretary of State considers it necessary to consult about the proposal.
(4) In any other case, the Secretary of State must consult the relevant consultees.
(5) Subsection (4) does not apply if the order is made in accordance with the requirements under section 107B(3).
(6) The “relevant consultees” for the purposes of subsection (4)—
(a) in relation to a mayoral combined authority means—
(i) the constituent councils, and
(ii) the mayor;
(b) in relation a non-mayoral combined authority means—
(i) the constituent councils, and
(ii) the combined authority.
(7) In this section, “statutory test” has the meaning given by section 110(6).
113ZA Requirements in connection with boundary changes or dissolution of combined authority
(1) The Secretary of State may make an order under section 106 (boundary changes) or 107 (dissolution) in relation to an existing combined authority only if the following requirements are met.
(2) The Secretary of State considers that the statutory test is met.
(3) For the purposes of subsection (2), the reference in the statutory test to “the area”—
(a) in relation to an order under section 106, means the area after the local government area in question has been added or removed, or
(b) in relation to an order under section 107, means the area of the combined authority.
(4) The order must—
(a) implement a proposal submitted to the Secretary of State in accordance with section 112A, with or without modifications,
(b) implement a proposal of which notice was given under section 112B, with or without modifications, or
(c) implement a proposal which the Secretary of State is satisfied that the relevant consenting authorities have consented to in principle (see sections 113ZB and 113ZC: relevant consenting authorities).
(5) If the order falls under subsection (4)(a) or (c), the consultation requirement must be met.
(6) If the order falls under subsection (4)(b), the Secretary of State must in making the order have regard to any representations received before the end of the period specified in the notice.
(7) The “consultation requirement” is that the Secretary of State has consulted—
(a) if the order falls under subsection (4)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—
(i) the proposal that the order will implement, and
(ii) any modifications to that proposal;
(b) if the order falls under subsection (4)(c), the relevant consultees about the proposal.
(8) Subsection (9) applies where the Secretary of State is considering whether to make an order under section 106 and—
(a) part of the area to be created is separated from the rest of it by one or more local government areas that are not within the area, or
(b) a local government area that is not within the area to be created is surrounded by local government areas that are within the area.
(9) In deciding whether to make the order under section 106, the Secretary of State must have regard to the likely effect of the change to the combined authority's area on the exercise of functions equivalent to those of the combined authority's functions in each local government area that is next to any part of the area to be created by the order.
(10) In this section—
“relevant consultee” —
in relation to an order under section 106 means—
the council of the local government area to be added to or removed from the area of the combined authority;
if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority;
if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority;
any other persons that the Secretary of State considers appropriate;
in relation to an order under section 107 means—
the constituent councils of the combined authority that is to be abolished;
if the combined authority that is to be abolished is a mayoral combined authority, the mayor of that authority;
if the combined authority that is to be abolished is a non-mayoral combined authority, the combined authority;
any other persons that the Secretary of State considers appropriate;
“statutory test” has the meaning given by section 110(6).
113ZB Relevant consenting authorities in relation to orders under section 106
(1) The “relevant consenting authorities” in relation to an order under section 106 means—
(a) the relevant council for the local government area to be added to or removed from the area of the combined authority;
(b) if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority;
(c) if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority.
(2) The “relevant council” in relation to a local government area for the purposes of subsection (1)(a) is—
(a) if the local government area is the area of a county council, the county council;
(b) if the local government area is the area of a district council whose area does not form part of the area of a county council, the district council;
(c) if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council.
(3) If there are two relevant councils in relation to a local government area by virtue of subsection (2), the condition in subsection (1)(a) is met if—
(a) in the case of an order adding a local government area to an existing area of a combined authority, either or both of the relevant councils consent;
(b) in the case of an order removing a local government area from an existing area of a combined authority, both of the relevant councils consent.
(4) Where the combined authority is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 113ZA(4)(c) is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.
(5) A reference in subsection (4) to a voting member—
(a) includes a substitute member who may act in place of a voting member;
(b) does not include a non-constituent member.
113ZC Relevant consenting authorities in relation to orders under section 107
(1) The “relevant consenting authorities” in relation to an order under section 107 to dissolve or abolish a combined authority means—
(a) a majority of the relevant councils;
(b) if the combined authority that is to be abolished is a mayoral combined authority, the mayor of that authority.
(2) The “relevant councils” for the purposes of this section are—
(a) a county council whose area, or part of whose area, is within the area of the combined authority;
(b) a unitary district council whose area is within the area of the combined authority.
(1) An EPB or combined authority may do—
(a) anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),
(b) anything it considers appropriate for purposes incidental to its functional purposes,
(c) anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,
(d) anything it considers to be connected with—
(i) any of its functions, or
(ii) anything it may do under paragraph (a), (b) or (c), and
(e) for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.
(2) Where subsection (1) confers power on an EPB or combined authority to do something, it confers power (subject to section 113B) to do it anywhere in the United Kingdom or elsewhere.
(3) Power conferred on an EPB or combined authority by subsection (1) is in addition to, and is not limited by, its other powers.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Section 113A(1) does not enable an EPB or combined authority to do—
(a) anything which it is unable to do by virtue of a pre-commencement limitation, or
(b) anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply—
(i) to its power under section 113A(1),
(ii) to all of its powers, or
(iii) to all of its powers but with exceptions that do not include its power under section 113A(1).
(2) If exercise of a pre-commencement power of an EPB or combined authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 113A(1) so far as that power is overlapped by the pre-commencement power.
(3) Section 113A(1) does not authorise an EPB or combined authority to borrow money.
(4) Section 113A(1)(a) to (d) do not authorise an EPB or combined authority to charge a person for anything done by it otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of EPBs, combined authorities and other best value authorities to charge for discretionary services)).
(5) Section 113A(1)(e) does not authorise an EPB or combined authority to do things for a commercial purpose in relation to a person if a statutory provision requires it to do those things in relation to the person.
(6) Where under section 113A(1)(e) an EPB or combined authority does things for a commercial purpose, it must do them through—
(a) a company within the meaning given by section 1(1) of the Companies Act 2006, ...
(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or
(c) a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.
(7) In this section—
“post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—
is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or
is contained in an instrument made under an Act and comes into force on or after the commencement of section 13(1) of that Act;
“pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—
is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or
is contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act;
“pre-commencement power” means power conferred by a statutory provision that—
is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or
is contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act;
“statutory provision” means a provision of an Act or of an instrument made under an Act.
113C Power to make provision supplemental to section 113A
(1) The Secretary of State may by order make provision preventing EPBs or combined authorities from doing under section 113A(1) anything which is specified, or is of a description specified, in the order.
(2) The Secretary of State may by order provide for the exercise by EPBs or combined authorities of power conferred by section 113A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.
(3) The power under subsection (1) or (2) may be exercised in relation to—
(a) all EPBs,
(b) all combined authorities,
(c) particular EPBs,
(d) particular combined authorities,
(e) particular descriptions of EPBs, or
(f) particular descriptions of combined authorities.
(4) Before making an order under subsection (1) or (2) the Secretary of State must consult—
(a) such representatives of EPBs or combined authorities,
(b) such representatives of local government, and
(c) such other persons (if any),
as the Secretary of State considers appropriate.
(5) Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—
(a) so as to extend the earlier order, or any provision of the earlier order, to a particular EPB or combined authority or to EPBs or combined authorities of a particular description, or
(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular EPB or combined authority or to EPBs or combined authorities of a particular description.
(6) Power to make an order under this section includes—
(a) power to make different provision for different cases, circumstances or areas, and
(b) power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
113E Allowances for members with special responsibilities
(1) A combined authority may—
(a) make a scheme providing for the payment of allowances to members of the combined authority who have special responsibilities, and
(b) pay allowances in accordance with the scheme.
(2) A combined authority may only make a scheme if—
(a) the combined authority has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and
(b) the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel.
(3) A combined authority which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts).
(4) In exercising the powers conferred by this section, or complying with the duty to produce and publish reports, a combined authority must take account of any guidance issued for this purpose by the Secretary of State.
(5) In deciding the terms of a report produced for the purposes of this section, a relevant remuneration panel must take account of any guidance issued for this purpose by the Secretary of State.
(6) If a member of a combined authority is entitled to be paid—
(a) an allowance under this section, and
(b) an allowance or other payment by a constituent council,
in respect of the same special responsibilities, the amount payable under this section is to be reduced by the amount payable by the constituent council (and the amount payable under this section is to be reduced to nil if it is smaller than the amount payable by the constituent council).
(7) An order under section 104(1)(a) (about the constitutional arrangements of a combined authority) may not prevent or otherwise affect the exercise of the power to pay an allowance under this section; but this section does not otherwise limit the power conferred by section 104(1)(a).
(8) In this section—
“relevant remuneration panel” means a panel that is specified, or of a description specified, in an order made by the Secretary of State for the purposes of this section;
“special responsibilities” in relation to a member of combined authority, means any responsibilities which the member has in addition to the general responsibilities of being a member of the combined authority.
(1) The Secretary of State may by order make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, an order under this Part or for giving full effect to such an order.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The provision that may be included in an order under this section by virtue of section 117(5) includes provision applying, with modifications, or disapplying any enactment amended by Schedule 6.
(4) An order 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 (c. 42) (political balance on local authority committees etc).
(1) The Secretary of State may by order make provision for the transfer of property, rights and liabilities (including criminal liabilities) for the purposes of, or in consequence of, an order under this Part or for giving full effect to such an order.
(2) Property, rights and liabilities may be transferred by—
(a) the order,
(b) a scheme made by the Secretary of State under the order, or
(c) a scheme required to be made under the order 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 (S.I. 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) An order under this section or a scheme made under it 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.
(1) The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of any provision made by this Part.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The power conferred in subsection (1) includes power to amend, repeal or revoke provision contained in an enactment passed or made before the day on which this Act is passed.
(1) Orders and regulations under this Part must be made by statutory instrument.
(1A) An order or regulations under this Part may make different provision for different authorities or descriptions of authority or otherwise for different purposes.
(2) Subject to subsections (2A) and (3), an order under this Part may not be made unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
(2A) Subsection (2) does not apply to—
(za) an order under section 107FA,
(a) an order under section 113C(1) that is made only for the purpose mentioned in section 113C(5)(b),
(b) an order under section 113C(2) that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose, ...
(ba) an order under section 113E,
(c) an order under section 116 that amends or revokes provision contained in an instrument subject to annulment by resolution of either House of Parliament , or
(d) an order under Schedule 5BA.
(3) A statutory instrument that—
(a) contains an order or regulations under this Part, and
(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
is subject to annulment by resolution of either House of Parliament.
(3A) A statutory instrument that contains (whether alone or with any other provisions) regulations under section 104C(1), 104C(4), or 107K(1) or Schedule 5AA may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(3B) A statutory instrument that—
(a) contains regulations under section 109A(8) or 112A(10), and
(b) is not by virtue of subsection (3A) subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
is subject to annulment by resolution of either House of Parliament.
(4) If a draft of an order under this Part or of regulations under section 104C(1) or (4) 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.
(5) An order under any provision of this Part, other than an order under section 116 or an order mentioned in subsection (2A)(za) to (ba) or (2A)(d), may include provision amending, applying (with or without modifications), disapplying, repealing or revoking any enactment whenever passed or made.
(1) The Secretary of State may give guidance about anything that could be done by an authority to whom this section applies under or by virtue of this Part.
(2) An authority to whom this section applies must have regard to any guidance given under this section in exercising any function conferred or imposed by or by virtue of this Part.
(3) Any guidance under this section must be given in writing and may be varied or revoked by further guidance in writing.
(4) Any such guidance may make different provision for different cases and different provision for different areas.
(5) This section applies to—
(a) a county council;
(b) a district council;
(c) an EPB;
(d) an ITA;
(e) a combined authority.
(f) a combined county authority.
In this Part—
“associate member” has the meaning given by section 104B(1);
“combined authority” means an authority established under section 103(1);
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“deputy mayor” has the meaning given by section 107C(7);
“established mayoral strategic authority” means a mayoral combined authority designated by the Secretary of State under section 106B;
“general functions” has the meaning given by section 107D(2);
“EPB” has the meaning given by section 88(1);
“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;
“ITA” has the meaning given by section 104(1);
“local government area” has the meaning given by section 88(7);
“mayor”, in relation to the area of a combined authority, means the mayor for the area of the authority by virtue of an order under section 107A(1);
“mayoral combined authority” has the meaning given by section 107A(8);
“nominating body” means a body designated under section 104A(1);
“non-constituent member” has the meaning given by section 104A(3);
“non-mayoral combined authority” means a combined authority that is not a mayoral combined authority;
“PCC functions” has the meaning given by section 107F(3);
“unitary district council” has the meaning given by section 90(4).
138 Application of construction contracts legislation
(1) The Housing Grants, Construction and Regeneration Act 1996 (c. 53) is amended as follows.
(2) In section 106 (provisions not applicable to contract with residential occupiers), in subsection (1), omit paragraph (b) and the preceding “or”.
(3) After that section insert—
Power to disapply provisions of this Part
106A (1) The Secretary of State may by order provide that any or all of the provisions of this Part, so far as extending to England and Wales, shall not apply to any description of construction contract relating to the carrying out of construction operations (not being operations in Wales) which is specified in the order.
(2) The Welsh Ministers may by order provide that any or all of the provisions of this Part, so far as extending to England and Wales, shall not apply to any description of construction contract relating to the carrying out of construction operations in Wales which is specified in the order.
(3) The Scottish Ministers may by order provide that any or all of the provisions of this Part, so far as extending to Scotland, shall not apply to any description of construction contract which is specified in the order.
(4) An order under this section shall not be made unless a draft of it has been laid before and approved by resolution of—
(a) in the case of an order under subsection (1), each House of Parliament;
(b) in the case of an order under subsection (2), the National Assembly for Wales;
(c) in the case of an order under subsection (3), the Scottish Parliament.
(4) In section 146 (orders etc)—
(a) in subsection (2), for “Secretary of State” substitute “ the authority making them ”;
(b) in subsection (3)(a), after “106(4)” insert “ , 106A ”.
139 Requirement for construction contracts to be in writing
(1) In the Housing Grants, Construction and Regeneration Act 1996, section 107 (provisions applicable only to contracts in writing) is repealed.
(2) In section 108 of that Act (right to refer disputes to adjudication)—
(a) in subsection (2), after “The contract shall” insert “ include provision in writing so as to ”;
(b) in subsections (3) and (4), after “provide” insert “ in writing ”.
In the Housing Grants, Construction and Regeneration Act 1996 (c. 53), in section 108 (right to refer disputes to adjudication), after subsection (3) insert—
(3A) The contract shall include provision in writing permitting the adjudicator to correct his decision so as to remove a clerical or typographical error arising by accident or omission.
In the Housing Grants, Construction and Regeneration Act 1996, after section 108 insert—
Adjudication costs: effectiveness of provision
108A (1) This section applies in relation to any contractual provision made between the parties to a construction contract which concerns the allocation as between those parties of costs relating to the adjudication of a dispute arising under the construction contract.
(2) The contractual provision referred to in subsection (1) is ineffective unless—
(a) it is made in writing, is contained in the construction contract and confers power on the adjudicator to allocate his fees and expenses as between the parties, or
(b) it is made in writing after the giving of notice of intention to refer the dispute to adjudication.
(1) In the Housing Grants, Construction and Regeneration Act 1996, section 110 (dates for payment) is amended as follows.
(2) After subsection (1) insert—
(1A) The requirement in subsection (1)(a) to provide an adequate mechanism for determining what payments become due under the contract, or when, is not satisfied where a construction contract makes payment conditional on—
(a) the performance of obligations under another contract, or
(b) a decision by any person as to whether obligations under another contract have been performed.
(1B) In subsection (1A)(a) and (b) the references to obligations do not include obligations to make payments (but see section 113).
(1C) Subsection (1A) does not apply where—
(a) the construction contract is an agreement between the parties for the carrying out of construction operations by another person, whether under sub-contract or otherwise, and
(b) the obligations referred to in that subsection are obligations on that other person to carry out those operations.
(3) After subsection (1C) (as inserted by subsection (2) above) insert—
(1D) The requirement in subsection (1)(a) to provide an adequate mechanism for determining when payments become due under the contract is not satisfied where a construction contract provides for the date on which a payment becomes due to be determined by reference to the giving to the person to whom the payment is due of a notice which relates to what payments are due under the contract.
(1) In the Housing Grants, Construction and Regeneration Act 1996 (c. 53), in section 109 (entitlement to stage payments), in subsection (4), for “under the contract” substitute “ provided for by the contract ”.
(2) In section 110 of that Act (dates for payment), omit the following—
(a) subsection (2), and
(b) in subsection (3), “or (2)”.
(3) After section 110 of that Act insert—
Payment notices: contractual requirements
110A (1) A construction contract shall, in relation to every payment provided for by the contract—
(a) require the payer or a specified person to give a notice complying with subsection (2) to the payee not later than five days after the payment due date, or
(b) require the payee to give a notice complying with subsection (3) to the payer or a specified person not later than five days after the payment due date.
(2) A notice complies with this subsection if it specifies—
(a) in a case where the notice is given by the payer—
(i) the sum that the payer considers to be or to have been due at the payment due date in respect of the payment, and
(ii) the basis on which that sum is calculated;
(b) in a case where the notice is given by a specified person—
(i) the sum that the payer or the specified person considers to be or to have been due at the payment due date in respect of the payment, and
(ii) the basis on which that sum is calculated.
(3) A notice complies with this subsection if it specifies—
(a) the sum that the payee considers to be or to have been due at the payment due date in respect of the payment, and
(b) the basis on which that sum is calculated.
(4) For the purposes of this section, it is immaterial that the sum referred to in subsection (2)(a) or (b) or (3)(a) may be zero.
(5) If or to the extent that a contract does not comply with subsection (1), the relevant provisions of the Scheme for Construction Contracts apply.
(6) In this and the following sections, in relation to any payment provided for by a construction contract—
“payee” means the person to whom the payment is due;
“payer” means the person from whom the payment is due;
“payment due date” means the date provided for by the contract as the date on which the payment is due;
“specified person” means a person specified in or determined in accordance with the provisions of the contract.
Payment notices: payee's notice in default of payer's notice
110B (1) This section applies in a case where, in relation to any payment provided for by a construction contract—
(a) the contract requires the payer or a specified person to give the payee a notice complying with section 110A(2) not later than five days after the payment due date, but
(b) notice is not given as so required.
(2) Subject to subsection (4), the payee may give to the payer a notice complying with section 110A(3) at any time after the date on which the notice referred to in subsection (1)(a) was required by the contract to be given.
(3) Where pursuant to subsection (2) the payee gives a notice complying with section 110A(3), the final date for payment of the sum specified in the notice shall for all purposes be regarded as postponed by the same number of days as the number of days after the date referred to in subsection (2) that the notice was given.
(4) If—
(a) the contract permits or requires the payee, before the date on which the notice referred to in subsection (1)(a) is required by the contract to be given, to notify the payer or a specified person of—
(i) the sum that the payee considers will become due on the payment due date in respect of the payment, and
(ii) the basis on which that sum is calculated, and
(b) the payee gives such notification in accordance with the contract,
that notification is to be regarded as a notice complying with section 110A(3) given pursuant to subsection (2) (and the payee may not give another such notice pursuant to that subsection).
(1) In the Housing Grants, Construction and Regeneration Act 1996 (c. 53), for section 111 (notice of intention to withhold payment) substitute—
Requirement to pay notified sum
111 (1) Subject as follows, where a payment is provided for by a construction contract, the payer must pay the notified sum (to the extent not already paid) on or before the final date for payment.
(2) For the purposes of this section, the “notified sum” in relation to any payment provided for by a construction contract means—
(a) in a case where a notice complying with section 110A(2) has been given pursuant to and in accordance with a requirement of the contract, the amount specified in that notice;
(b) in a case where a notice complying with section 110A(3) has been given pursuant to and in accordance with a requirement of the contract, the amount specified in that notice;
(c) in a case where a notice complying with section 110A(3) has been given pursuant to and in accordance with section 110B(2), the amount specified in that notice.
(3) The payer or a specified person may in accordance with this section give to the payee a notice of the payer's intention to pay less than the notified sum.
(4) A notice under subsection (3) must specify—
(a) the sum that the payer considers to be due on the date the notice is served, and
(b) the basis on which that sum is calculated.
It is immaterial for the purposes of this subsection that the sum referred to in paragraph (a) or (b) may be zero.
(5) A notice under subsection (3)—
(a) must be given not later than the prescribed period before the final date for payment, and
(b) in a case referred to in subsection (2)(b) or (c), may not be given before the notice by reference to which the notified sum is determined.
(6) Where a notice is given under subsection (3), subsection (1) applies only in respect of the sum specified pursuant to subsection (4)(a).
(7) In subsection (5), “prescribed period” means—
(a) such period as the parties may agree, or
(b) in the absence of such agreement, the period provided by the Scheme for Construction Contracts.
(8) Subsection (9) applies where in respect of a payment—
(a) a notice complying with section 110A(2) has been given pursuant to and in accordance with a requirement of the contract (and no notice under subsection (3) is given), or
(b) a notice under subsection (3) is given in accordance with this section,
but on the matter being referred to adjudication the adjudicator decides that more than the sum specified in the notice should be paid.
(9) In a case where this subsection applies, the decision of the adjudicator referred to in subsection (8) shall be construed as requiring payment of the additional amount not later than—
(a) seven days from the date of the decision, or
(b) the date which apart from the notice would have been the final date for payment,
whichever is the later.
(10) Subsection (1) does not apply in relation to a payment provided for by a construction contract where—
(a) the contract provides that, if the payee becomes insolvent the payer need not pay any sum due in respect of the payment, and
(b) the payee has become insolvent after the prescribed period referred to in subsection (5)(a).
(11) Subsections (2) to (5) of section 113 apply for the purposes of subsection (10) of this section as they apply for the purposes of that section.
(2) In section 112 of that Act (right to suspend performance for non-payment)—
(a) in subsection (1), for the words from “Where” to “given” substitute “ Where the requirement in section 111(1) applies in relation to any sum but is not complied with, ”;
(b) in subsection (3), for “the amount due” substitute “ the sum referred to in subsection (1) ”.
(1) In the Housing Grants, Construction and Regeneration Act 1996 (c. 53), section 112 (right to suspend performance for non-payment) is amended as follows.
(2) In subsection (1), after “performance of” insert “ any or all of ”.
(3) After subsection (3) insert—
(3A) Where the right conferred by this section is exercised, the party in default shall be liable to pay to the party exercising the right a reasonable amount in respect of costs and expenses reasonably incurred by that party as a result of the exercise of the right.
(4) In subsection (4), after “pursuance of” insert “ , or in consequence of the exercise of, ”.
(1) Schedule 7 contains repeals.
(2) The repeal by this Act of sections 17, 19 and 26 of the Local Government Act 1992 (c. 19) does not affect the continuing effect of orders and regulations made under those sections.
(3) For the purposes of this Act—
(a) the repeals in Part 1 of Schedule 7 are part of Chapter 6 of Part 1 (politically restricted posts);
(b) the repeal in Part 2 of Schedule 7 is part of Chapter 3 of Part 2 (audit of entities connected with local authorities);
(c) the repeals in Part 3 of Schedule 7 are part of Part 3 (local government boundary and electoral change);
(d) the repeals in Part 4 of Schedule 7 are part of Part 5 (regional strategy);
(e) the repeals in Part 5 of Schedule 7 are part of Part 8 (construction contracts).
(1) Parts 1 to 7 extend to England and Wales only, except that—
(a) an amendment or repeal effected by any of those Parts has the same extent as the provision amended or repealed, and
(b) sections 67(2) to (6), ... 114, 116 and 117 (powers to make consequential provision etc) extend also to Scotland and Northern Ireland.
Paragraph (a) does not apply to Chapter 6 of Part 1 (which accordingly extends to England and Wales only).
(2) Part 8 extends to England and Wales and Scotland.
(3) This Part extends to England and Wales, Scotland and Northern Ireland.
(1) In Part 1 (democracy and involvement)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Chapter 3 comes into force on a day appointed by the Secretary of State;
(c) Chapter 4 comes into force on the day on which this Act is passed;
(d) Chapters 5 and 6 come into force at the end of the period of two months beginning with the day on which this Act is passed.
(2) In Part 2 (local authorities: governance and audit)—
(a) in Chapter 1—
(i) section 31 comes into force on a day appointed by the Secretary of State;
(ii) sections 32 and 33 come into force at the end of the period of two months beginning with the day on which this Act is passed;
(b) Chapters 2 and 3 come into force—
(i) in relation to England, on a day appointed by the Secretary of State;
(ii) in relation to Wales, on a day appointed by the Welsh Ministers.
(3) In Part 3 (local government boundary and electoral change)—
(a) sections 62, 64 and 68 and Schedule 3 come into force on the day on which this Act is passed;
(b) the remaining provisions come into force on a day appointed by the Secretary of State.
(4) Part 4 (local authority economic assessment) comes into force on a day appointed by the Secretary of State.
(5) Part 5 (regional strategy) comes into force on a day appointed by the Secretary of State.
(6) Part 6 (economic prosperity boards and combined authorities) comes into force on a day appointed by the Secretary of State.
(7) Part 7 (multi-area agreements) comes into force at the end of the period of two months beginning with the day on which this Act is passed.
(8) Part 8 (construction contracts) comes into force as specified in section 149.
(9) This Part comes into force on the day on which this Act is passed.
(10) Any power to appoint a day under this section—
(a) includes power to appoint different days for different purposes;
(b) includes power to make transitional provision or savings;
(c) is to be exercised by order made by statutory instrument.
(1) Part 8 comes into force, so far as extending to England and Wales—
(a) on a day appointed by the Welsh Ministers, in relation to construction contracts which relate to the carrying out of construction operations in Wales;
(b) on a day appointed by the Secretary of State, in relation to other construction contracts.
(2) Part 8 comes into force, so far as extending to Scotland, on a day appointed by the Scottish Ministers.
(3) The amendments made by Part 8, so far as extending to England and Wales, do not apply—
(a) in relation to construction contracts which relate to the carrying out of construction operations in Wales and are entered into before the day appointed under subsection (1)(a), or
(b) in relation to other construction contracts which are entered into before the day appointed under subsection (1)(b).
(4) The amendments made by Part 8, so far as extending to Scotland, do not apply in relation to construction contracts which are entered into before the day appointed under subsection (2).
(5) In this section “construction contracts” and “construction operations” have the same meanings as in Part 2 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53).
(6) Any power to appoint a day under this section—
(a) includes power to appoint different days for different purposes;
(b) includes power to make transitional provision or savings;
(c) is to be exercised by order made by statutory instrument.
Schedule 1 Local Government Boundary Commission for England
Section 55
Members
1 (1) The Local Government Boundary Commission for England (“the Commission”) is to consist of—
(a) the chair of the Commission, and
(b) at least four and no more than eleven other members (“ordinary members”).
(2) The ordinary members are to be appointed by Her Majesty on the recommendation of the Secretary of State.
(3) The following may not be appointed as an ordinary member—
(a) a member of a registered party;
(b) a person who is, or has at any time with the last ten years been, an officer or employee of a registered party or of any accounting unit of such a party;
(c) a person who holds, or has at any time within the last ten years held, a relevant elective office (within the meaning of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”));
(d) a person who has at any time within the last ten years been named—
(i) as a donor in the register of donations reported under Chapter 3 or 5 of Part 4 of the 2000 Act, or
(ii) as a participant in the register of recordable transactions reported under Part 4A of that Act.
(4) A person may not be appointed as an ordinary member for a period of more than five years at any one time.
(5) Subject to the provisions of this paragraph, an ordinary member holds office—
(a) for the term for which the ordinary member is appointed, and
(b) otherwise in accordance with the terms of their appointment.
(6) An ordinary member ceases to hold office if—
(a) the ordinary member consents to being nominated as a candidate at a relevant election (within the meaning of Part 2 of the 2000 Act) or to being included in a registered party's list of candidates at such an election,
(b) the ordinary member takes up any office or employment in or with—
(i) a registered party or any accounting unit of such a party,
(ii) a recognised third party (within the meaning of Part 6 of the 2000 Act), or
(iii) a permitted participant (within the meaning of Part 7 of that Act),
(c) the ordinary member is named as a donor in the register of donations reported under Chapter 3 or 5 of Part 4 of the 2000 Act or in any statement of donations included in a return delivered to the Electoral Commission under section 98 or 122 of that Act,
(d) the ordinary member is named as a participant in the register of recordable transactions reported under Part 4A of that Act, or
(e) the ordinary member becomes a member of a registered party.
(7) An ordinary member may, on the member's request, be relieved of office by Her Majesty.
(8) An ordinary member may, on the recommendation of the Secretary of State, be removed from office by Her Majesty on any of the following grounds—
(a) failure to discharge the functions of membership for a continuous period of at least three months;
(b) failure to comply with the terms of appointment;
(c) conviction of a criminal offence;
(d) being an undischarged bankrupt or having their estate sequestrated in Scotland and not being discharged;
(e) making an arrangement or composition contract with, or granting a trust deed for, their creditors;
(f) otherwise being unfit to hold office or unable to carry out the functions of membership.
(9) No-one may serve as an ordinary member for more than ten years (continuously or otherwise).
(10) Service as an ordinary member is not service in the civil service of the State.
Chair
2 (1) The chair of the Commission is to be appointed by Her Majesty on an Address from the House of Commons.
(2) A motion for such an Address may be made only if—
(a) the Speaker of the House of Commons agrees that the motion may be made, and
(b) the person whose appointment is proposed in the motion has been selected in accordance with a procedure put in place and overseen by the Speaker's Committee (see section 2 of the 2000 Act).
(3) Such an Address must specify the period, not exceeding five years, for which the proposed chair is to be appointed.
(4) A person may not be appointed as chair under sub-paragraph (1) if by virtue of paragraph 1(3)(a) to (d) that person may not be appointed as an ordinary member.
(5) Subject to the provisions of this paragraph, the chair holds office—
(a) for the period of their appointment (which is to be that specified under sub-paragraph (3)), and
(b) otherwise in accordance with the terms of their appointment.
(6) The chair ceases to hold office on the occurrence of such an event as is mentioned in any of paragraphs (a) to (e) of paragraph 1(6).
(7) The chair may, on the chair's request, be relieved of office as chair by Her Majesty.
(8) The chair may be removed from office by Her Majesty on an Address from the House of Commons.
(9) No motion may be made for such an Address unless the Speaker's Committee have presented a report to the House of Commons stating that the Speaker's Committee are satisfied that one or more of the following grounds is made out in relation to the chair—
(a) failure to discharge the functions of their office for a continuous period of at least three months;
(b) failure to comply with the terms of appointment as chair;
(c) conviction of a criminal offence;
(d) being an undischarged bankrupt or having their estate sequestrated in Scotland and not being discharged;
(e) making an arrangement or composition contract with, or granting a trust deed for, their creditors;
(f) otherwise being unfit to hold office as chair or unable to carry out the functions of that office.
(10) No-one may serve as chair for more than ten years (continuously or otherwise).
(11) In the case of a re-appointment, the reference in sub-paragraph (2)(b) to being selected in accordance with a procedure put in place and overseen by the Speaker's Committee is to be read as including a reference to being recommended for re-appointment by the Speaker's Committee.
(12) Service as chair is not service in the civil service of the State.
Deputy chair
3 (1) The Secretary of State may designate one of the ordinary members of the Commission to be the deputy chair.
(2) The deputy chair is to act as chair—
(a) in the event of a vacancy in the office of chair,
(b) if the chair is unable to act, and
(c) in such other circumstances as the Commission may determine.
(3) The deputy chair may at any time resign as deputy chair by notice to the Secretary of State.
Remuneration
4 The Commission must pay to or in respect of the members (including the chair and deputy chair) such sums by way of or in respect of remuneration, allowances, expenses, pensions or gratuities as the Speaker of the House of Commons, after consulting the Speaker's Committee, may determine.
Committees
5 (1) The Commission may establish any committees which it considers appropriate.
(2) A committee of the Commission may establish one or more sub-committees.
(3) A committee established under this paragraph to review the economy, efficiency or effectiveness with which the Commission has used its resources, or any sub-committee of such a committee, may include up to two people who are not also members of the Commission (“independent members”).
(4) The Commission may not appoint as an independent member anyone who would be ineligible for appointment as a member of the Commission because of paragraph 1(3).
(5) An independent member must be appointed on such terms and conditions, including terms and conditions as to remuneration, as the Commission may determine.
(6) Except as provided by sub-paragraph (3), only a member of the Commission may be a member of one of its committees or sub-committees.
Proceedings
6 (1) Subject to this Schedule, the Commission may regulate its own proceedings and the proceedings of any of its committees or sub-committees (including quorum).
(2) The validity of proceedings of the Commission, or of any of its committees or sub-committees, is not affected by—
(a) a vacancy, or
(b) a defective appointment.
Chief executive and other employees
7 (1) The Commission—
(a) must appoint a chief executive, and
(b) may appoint other employees.
(2) A person may not be appointed—
(a) as chief executive of the Commission if by virtue of paragraph 1(3)(a) to (d) that person may not be appointed as an ordinary member of the Commission;
(b) as any other member of staff of the Commission if by virtue of paragraph 1(3)(b) to (d) that person may not be appointed as an ordinary member of the Commission.
(3) Service as chief executive or other employee of the Commission is not service in the civil service of the State.
(4) Subject as follows, employees of the Commission must be appointed on such terms and conditions, including terms and conditions as to remuneration, as the Commission may determine.
(5) The appointment of any member of staff of the Commission terminates—
(a) if that person is the chief executive of the Commission, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (e) of paragraph 1(6), and
(b) in any other case, on the occurrence of such an event as is mentioned in any of paragraphs (a) to (d) of paragraph 1(6).
(6) For the purposes of determinations under sub-paragraph (4), the Commission must have regard to the desirability of keeping the remuneration and other terms or conditions of employment of its employees broadly in line with those applying to persons in the civil service of the State.
(7) Service as an employee of the Commission is included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply; and accordingly, in Schedule 1 to that Act, “Local Government Boundary Commission for England” is to be inserted at the appropriate place in the list of “Other bodies”.
(8) The Commission must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (7) in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11).
Superannuation: supplementary
8 (1) Section 1(2) of the Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes by the Minister for the Civil Service to another office of the Crown etc) has effect as if the reference to an officer of the Crown other than a Minister included the chief executive of the Commission.
(2) An administration function conferred on the chief executive under section 1(2) of that Act by virtue of sub-paragraph (1) may be exercised by (or by employees of) such person as may be authorised in that behalf by the chief executive.
(3) For the purposes of this paragraph an “administration function” is a function of administering schemes—
(a) made under section 1 of the Superannuation Act 1972, and
(b) for the time being in force.
(4) An authorisation given by virtue of sub-paragraph (2) may authorise the exercise of an administration function—
(a) wholly or to such extent as may be specified in the authorisation;
(b) generally or in such cases as may be so specified;
(c) unconditionally or subject to such conditions as may be so specified.
(5) An authorisation given by virtue of sub-paragraph (2)—
(a) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of Ministers and office-holders);
(b) may be revoked at any time by the Commission (as well as by the chief executive).
Delegations
9 (1) The Commission may delegate any of its functions to any of its members, employees, committees or sub-committees.
(2) Sub-paragraph (1) does not apply to any function of making an order by statutory instrument.
(3) The chief executive of the Commission may delegate any of the chief executive's functions to any other employee of the Commission.
(4) A committee of the Commission may delegate any of its functions to any of its sub-committees.
(5) A committee or sub-committee of the Commission may delegate any of its functions to any employee of the Commission.
Financial year
10 (1) The financial year of the Commission is the period of twelve months ending on 31 March.
(2) But the first financial year of the Commission is the period—
(a) starting on the day on which section 55 comes into force, and
(b) ending on the following 31 March.
Funding
11 (1) The expenditure of the Commission is to be met, in accordance with this paragraph, out of money provided by Parliament.
(2) For each financial year of the Commission (other than the first) the Commission must prepare, and submit to the Speaker's Committee, an estimate of its income and expenditure.
(3) The Speaker's Committee must—
(a) examine each such estimate,
(b) decide whether they are satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of its functions, and
(c) if they are not so satisfied, must make such modifications to the estimate as they consider appropriate for the purpose of achieving such consistency.
(4) Before deciding whether they are so satisfied or making any such modification the Speaker's Committee must—
(a) have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 13 and to any recommendations contained in that report, and
(b) consult the Treasury and have regard to any advice which the Treasury may give.
(5) The Speaker's Committee must, after concluding their examination and making their modifications (if any) to the estimate, lay the estimate before the House of Commons.
(6) If the Speaker's Committee, in the discharge of their functions under this paragraph—
(a) do not follow any recommendation contained in the report of the Comptroller and Auditor General,
(b) do not follow any advice given to them by the Treasury, or
(c) make any modification to the estimate,
they must include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 of the 2000 Act a statement of their reasons for so doing.
Five-year plan
12 (1) An estimate under paragraph 11 in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election is to be accompanied by a plan prepared by the Commission setting out its—
(a) aims and objectives for the period of five years beginning with the financial year to which the estimate relates, and
(b) estimated requirements for resources during that five-year period.
(1A) The Speaker's Committee may require the Commission to submit a plan under sub-paragraph (1) when the Commission submits such an estimate as is mentioned in paragraph 11 in respect of a financial year other than one mentioned in that sub-paragraph.
(2) The Speaker's Committee must—
(a) examine each such plan,
(b) decide whether they are satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of its functions, and
(c) if they are not so satisfied, make such modifications to the plan as they consider appropriate for the purpose of achieving such consistency.
(3) Before deciding whether they are so satisfied or making any such modification the Speaker's Committee must—
(a) have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 13 and to any recommendations contained in that report, and
(b) consult the Treasury and have regard to any advice which the Treasury may give.
(4) The Speaker's Committee must, after concluding their examination and making their modifications (if any) to the plan, lay the plan before the House of Commons.
(5) If the Speaker's Committee, in the discharge of their functions under this paragraph—
(a) do not follow any recommendation contained in the report of the Comptroller and Auditor General,
(b) do not follow any advice given to them by the Treasury, or
(c) make any modification to the plan,
they must include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 of the 2000 Act a statement of their reasons for so doing.
Examination by Comptroller and Auditor General
13 (1) For the purpose of assisting the Speaker's Committee to discharge their functions under paragraphs 11 and 12 in respect of any year when both an estimate under paragraph 11 and a five-year plan under paragraph 12 are submitted to them, the Comptroller and Auditor General must before the Committee consider the estimate and plan —
(a) carry out an examination into the economy, efficiency or effectiveness (or any combination thereof) with which the Commission has used its resources in discharging its functions (or, if the Comptroller and Auditor General so determines, any particular function),
(b) report to the Speaker's Committee the results of the examination, and
(c) include in the report such recommendations as the Comptroller and Auditor General considers appropriate in the light of the examination.
(2) Section 8 of the National Audit Act 1983 (c. 44) (right to obtain documents and information) applies in relation to any examination under this paragraph as it applies in relation to an examination under section 6 of that Act.
Accounts
14 (1) The Commission must keep accounting records.
(2) The Commission must, for each financial year, prepare accounts in accordance with directions given to it by the Treasury.
(3) Those directions may include directions as to—
(a) the information to be contained in the accounts,
(b) the manner in which the information is to be presented,
(c) the methods and principles according to which the accounts are to be prepared, and
(d) the additional information (if any) that is to accompany the accounts.
Audit
15 (1) The Commission must send copies of its accounts to—
(a) the Comptroller and Auditor General, and
(b) the Speaker's Committee,
as soon after the end of the financial year as may be practicable.
(2) The Comptroller and Auditor General must—
(a) examine and certify accounts received under sub-paragraph (1),
(b) report on the accounts, and
(c) lay the certified accounts and report before Parliament.
Accounting officer
16 (1) The Speaker's Committee must designate an employee of the Commission as the Commission's accounting officer.
(2) The accounting officer is to have, in relation to the Commission's accounts and finance, the responsibilities that are from time to time specified by the Speaker's Committee.
(3) In this paragraph references to responsibilities include in particular—
(a) responsibilities in relation to the signing of accounts;
(b) responsibilities for the propriety and regularity of the Commission's finances;
(c) responsibilities for the economy, efficiency and effectiveness with which the Commission's resources are used.
(4) The responsibilities which may be specified under this paragraph include responsibilities owed to the Commission, the Speaker's Committee or the House of Commons or its Committee of Public Accounts.
(5) In this paragraph any reference to the Public Accounts Committee of the House of Commons is, if—
(a) the name of that Committee is changed, or
(b) its functions at the passing of this Act (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons,
to be taken to be references to the Committee by its new name or (as the case may be) to the committee by whom the functions are for the time being exercisable.
Annual report
17 (1) The Commission must, as soon after the end of each financial year as may be practicable, prepare and lay before Parliament a report about the performance of the Commission's functions during that financial year.
(2) The Commission must, on so laying such a report, publish it in such manner as it may determine.
Instruments and authentication
18 (1) The fixing of the seal of the Commission is to be authenticated by the signature of the chair or of another person authorised by the Commission to act for that purpose.
(2) A document purporting to be duly executed under the seal of the Commission, or to be signed on its behalf, is to be received in evidence and, unless the contrary is proved, is to be treated as having been so executed or signed.
Records
19 In the Public Records Act 1958 (c. 51), in Schedule 1 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert—
“Local Government Boundary Commission for England.”
Investigation
20 In the Parliamentary Commissioner Act 1967 (c. 13), in Schedule 2 (departments etc subject to investigation), at the appropriate place insert—
Local Government Boundary Commission for England
Freedom of information
21 In the Freedom of Information Act 2000 (c. 36), in Schedule 1, in Part 6 (other public bodies and offices: general), at the appropriate place insert—
“The Local Government Boundary Commission for England.”
House of Commons disqualification
22 In the House of Commons Disqualification Act 1975 (c. 24), in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert—
The Local Government Boundary Commission for England.
Transitional
23 (1) The Electoral Commissioner who immediately before the day on which section 55 comes into force is the chair of the Electoral Commission's Boundary Committee is to be treated—
(a) as having been appointed as the chair of the Commission under paragraph 2(1), and
(b) as having been so appointed on the day on which, and for the term for which, that person was appointed as the chair of the Electoral Commission's Boundary Committee.
(2) A Deputy Electoral Commissioner who immediately before the day on which section 55 comes into force is a member of the Electoral Commission's Boundary Committee is to be treated—
(a) as having been appointed as an ordinary member of the Commission under paragraph 1(2), and
(b) as having been so appointed on the day on which, and for the term for which, that person was appointed as a member of the Electoral Commission's Boundary Committee.
Interpretation
24 In this Schedule—
“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000 (c. 41);
“accounting unit” and “registered party” have the same meanings as in the 2000 Act (see section 160 of that Act);
“the Commission” means the Local Government Boundary Commission for England;
“ordinary member” is to be construed in accordance with paragraph 1(1)(b).
Schedule 2 Electoral change in England: considerations on review
Section 56
County councils
1 (1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a county council.
(2) The recommendations must secure the following results—
(a) an electoral area of the county council must not fall partly inside and partly outside any district,
(b) every ward of a parish having a parish council (whether separate or common) must lie wholly within a single electoral area of the county council, and
(c) every parish which is not divided into parish wards must lie wholly within a single electoral area of the county council.
(3) Subject to sub-paragraph (2), in making the recommendations the Local Government Boundary Commission for England must have regard to—
(a) the need to secure that the ratio of the number of local government electors to the number of members of the county council to be elected is, as nearly as possible, the same in every electoral area of the council,
(b) the need to reflect the identities and interests of local communities and in particular—
(i) the desirability of fixing boundaries which are and will remain easily identifiable, and
(ii) the desirability of not breaking local ties when fixing boundaries,
(c) the need to secure effective and convenient local government, and
(d) the boundaries of the electoral areas of any district council whose area is within the area of the county council.
(4) For the purpose of sub-paragraph (3)(a) the Local Government Boundary Commission for England must have regard to any change in the number or distribution of local government electors in the area of the county council which is likely to take place within the period of five years immediately following the making of the recommendations.
District councils
2 (1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a district council.
(2) The recommendations must secure the following results—
(a) every ward of a parish having a parish council (whether separate or common) must lie wholly within a single electoral area of the district council, and
(b) every parish which is not divided into parish wards must lie wholly within a single electoral area of the district council.
(3) Subject to sub-paragraph (2), in making the recommendations the Local Government Boundary Commission for England must have regard to—
(a) the need to secure that the ratio of the number of local government electors to the number of members of the district council to be elected is, as nearly as possible, the same in every electoral area of the council,
(b) the need to reflect the identities and interests of local communities and in particular—
(i) the desirability of fixing boundaries which are and will remain easily identifiable, and
(ii) the desirability of fixing boundaries so as not to break any local ties,
(c) the need to secure effective and convenient local government, and
(d) in the case of a district council that is subject to a scheme for elections by halves or by thirds, or that has resolved to revert to being subject to such a scheme under Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007 (c. 28), the desirability of securing that each electoral area of the district council returns an appropriate number of members of the council.
(4) For the purpose of sub-paragraph (3)(a) the Local Government Boundary Commission for England must have regard to any change in the number or distribution of local government electors in the area of the district council which is likely to take place within the period of five years immediately following the making of the recommendations.
(5) For the purposes of sub-paragraph (3)(d)—
(a) a district council is “subject to a scheme of elections by halves” if one half (or as nearly as may be) of its members are to be elected in each year in which it holds ordinary elections of members of the council;
(b) a district council is “subject to a scheme of elections by thirds” if one third (or as nearly as may be) of its members are to be elected in each year in which it holds ordinary elections of members of the council;
(c) the number of members of the district council returned by an electoral area of the council is “appropriate”—
(i) in the case of a scheme for elections by halves, if it is divisible by 2;
(ii) in the case of a scheme for elections by thirds, if it is divisible by 3.
London borough councils
3 (1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a London borough council.
(2) The recommendations must secure the following results—
(a) every ward of a parish having a parish council (whether separate or common) must lie wholly within a single electoral area of the London borough council, and
(b) every parish which is not divided into parish wards must lie wholly within a single electoral area of the London borough council.
(3) Subject to sub-paragraph (2), in making the recommendations the Local Government Boundary Commission for England must have regard to—
(a) the need to secure that the ratio of the number of local government electors to the number of members of the London borough council to be elected is, as nearly as possible, the same in every electoral area of the council,
(b) the need to reflect the identities and interests of local communities and in particular—
(i) the desirability of fixing boundaries which are and will remain easily identifiable, and
(ii) the desirability of fixing boundaries so as not to break any local ties, and
(c) the need to secure effective and convenient local government.
(4) For the purpose of sub-paragraph (3)(a) the Local Government Boundary Commission for England must have regard to any change in the number or distribution of local government electors in the area of the London borough council which is likely to take place within the period of five years immediately following the making of the recommendations.
Parish councils
4 (1) This paragraph applies where the Local Government Boundary Commission for England makes recommendations under section 56 in relation to the electoral arrangements for the area of a parish council (including a common parish council).
(2) In making any such recommendations, the Local Government Boundary Commission for England must have regard to—
(a) the need to reflect the identities and interests of local communities, and in particular—
(i) the desirability of fixing boundaries which are and will remain easily identifiable, and
(ii) the desirability of fixing boundaries so as not to break any local ties,
(b) the need to secure effective and convenient local government, and
(c) the boundaries of the electoral areas of the principal council or councils in whose area the area of the parish council falls.
(3) In making any recommendations as to whether the area of the parish council is to be divided into wards for the election of members of the parish council, the Local Government Boundary Commission for England must have regard to—
(a) whether the number or distribution of the local government electors in the area is such as to make a single election of the members of the council impracticable or inconvenient, and
(b) whether it is desirable for any parts of the area of the parish council to be separately represented on the council.
(4) In making any recommendations as to—
(a) the size and boundaries of wards, or
(b) the number of members of a parish council to be elected for each ward,
the Local Government Boundary Commission for England must have regard to any change in the number or distribution of the local government electors in the area of the parish council which is likely to take place within the period of five years immediately following the making of the recommendations.
(5) In the case of the area of a parish council not divided into wards, in making recommendations as to the number of members to be elected for the parish council, the Local Government Boundary Commission for England must have regard to—
(a) the number and distribution of the local government electors in the area of the parish council, and
(b) any change in such number or distribution which is likely to take place within the period of five years immediately following the making of the recommendations.
Interpretation
5 In this Schedule—
“local government elector” has the meaning given in section 270(1) of the Local Government Act 1972 (c. 70);
“electoral area”, in relation to a principal council, means an area for which one or more members of the council are elected.
Schedule 3 Electoral change in England: interim modifications of the Local Government Act 1992
Section 64
Introductory
1 (1) Part 2 of the Local Government Act 1992 (c. 19) has effect during the interim period subject to the modifications in paragraph 2.
(2) In this paragraph “interim period” means the period beginning with the day on which this Act is passed and ending with the day immediately preceding the day on which section 55 comes into force.
(3) Nothing in this Schedule affects the effect of Part 2 of the Local Government Act 1992 in relation to any recommendation made to the Electoral Commission under that Part before the day on which this Act is passed.
Interim modifications of Part 2 of the Local Government Act 1992
2 (1) The modifications referred to in paragraph 1(1) are as follows.
(2) In section 15 (procedure on a review)—
(a) in subsection (5)—
(i) for “submit recommendations to the Electoral Commission” substitute “ make recommendations ”;
(ii) in paragraph (a), for “submit” substitute “ make ”;
(b) omit subsections (6) to (7A).
(3) For section 17 (implementation) substitute—
Implementation of review recommendations
17 (1) Where under section 15 the Boundary Committee for England makes recommendations for electoral changes, the Committee may by order give effect to all or any of the recommendations.
(2) An order under this section may in particular include provision as to—
(a) the total number of members of any principal council or parish council (“councillors”);
(b) the number and boundaries of electoral areas for the purposes of the election of councillors;
(c) the number of councillors to be returned by for any electoral area;
(d) the name of any electoral area;
(e) the election of councillors for any electoral areas;
(f) the order of retirement of councillors;
(g) the ordinary year of election for a parish council.
(3) An order under this section may not require or authorise the holding of an election for membership of a principal council otherwise than at an ordinary election for that council.
(4) An order under this section may—
(a) contain incidental, consequential, supplementary or transitional provision, or savings;
(b) make different provision for different cases, including different provision for different areas or councils.
(5) The provision referred to in subsection (4)(a) may include provision—
(a) applying any instrument made under an enactment, with or without modifications,
(b) extending, excluding or amending any such instrument, or
(c) repealing or revoking any such instrument.
(6) Where the Boundary Committee for England is satisfied that—
(a) a mistake has occurred in the preparation of an order under subsection (1), and
(b) the mistake is such that it cannot be rectified by a subsequent order under this section by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend),
the Committee may by order under this subsection make such provision as it thinks necessary or expedient for rectifying the mistake.
(7) In subsection (6), “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.
(8) An order under this section is to be made by statutory instrument.
(9) A draft of a statutory instrument containing an order under this section is to be laid before Parliament before the instrument is made.
(10) The power of the Boundary Committee for England under paragraph 12 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (power of delegation) does not apply to any function of the Committee under this section.
(4) Omit sections 19 (regulations) and 26 (orders etc).