Law

Levelling-up and Regeneration Act 2023

United Kingdom · statute

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In force since 2026-10-20, as the publisher states.

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

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

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Contents: 274 provisions
  1. Title and introductory text
  2. 1 Statement of levelling-up missions
  3. 2 Statement of levelling-up missions: devolution
  4. 3 Annual etc reports on delivery of levelling-up missions
  5. 4 Reports: Parliamentary scrutiny and publication
  6. 5 Changes to mission progress methodology and metrics or target dates
  7. 6 Reviews of statements of levelling-up missions
  8. 7 Levelling Up Fund Round 3
  9. 8 Interpretation of Part 1
  10. 9 Combined county authorities and their areas
  11. 10 Constitutional arrangements
  12. 11 Non-constituent members of a CCA
  13. 12 Associate members of a CCA
  14. 13 Regulations about members
  15. 13A Decision-making
  16. 13B Validity of proceedings
  17. 14 Review of CCA’s constitutional arrangements
  18. 15 Overview and scrutiny committees
  19. 16 Funding
  20. 17 Change of name
  21. 17A The functions of CCAs
  22. 17B Mayoral power to convene meetings with local partners
  23. 17C Request to collaborate
  24. 17D Responding to a collaboration request
  25. 17E Collaboration requests made by or to several mayors
  26. 18 Local authority functions
  27. 19 Other public authority functions
  28. 20 Section 19 regulations: procedure
  29. 21 Integrated Transport Authority and Passenger Transport Executive
  30. 22 Highways and traffic functions: regulations conferring power to give directions
  31. 23 Contravention of regulations under section 22
  32. 23A Highways and traffic functions: directions by mayors
  33. 23B Contraventions of section 23A
  34. 24 Designation of key route network roads
  35. 24A Health improvement and health inequalities duty
  36. 24B Co-operation with local government pension scheme managers
  37. 24C Powers not limited by other provision or powers
  38. 24D Non-mayoral CCA: consent to budget
  39. 24E Non-mayoral CCA: functions imposing financial liability
  40. 25 Changes to boundaries of a CCA’s area
  41. 25A Designation as an established mayoral strategic authority
  42. 26 Dissolution of a CCA’s area
  43. 27 Power to provide for election of mayor
  44. 28 Requirements in connection with regulations under section 27
  45. 29 Deputy mayors etc
  46. 29A Appointment of commissioners by the mayor
  47. 30 Functions of mayors: general
  48. 30A Limitation on delegation of mayoral functions
  49. 31 Procedure for direct conferral of general functions on mayor
  50. 32 Joint exercise of general functions
  51. 32A Local growth plans
  52. 32B Secretary of State guidance on local growth plans
  53. 32C Public authorities: duty to have regard to shared local growth priorities
  54. 33 Functions of mayors: policing
  55. 33A The “eligibility” and “transfer” conditions
  56. 34 Exercise of fire and rescue functions
  57. 35 Section 34 regulations: procedure
  58. 36 Section 34 regulations: further provision
  59. 37 Section 34 regulations: exercise of fire and rescue functions
  60. 38 Section 34 regulations: complaints and conduct matters etc
  61. 39 Section 34 regulations: application of fire and rescue provisions
  62. 40 Section 34 regulations: application of local policing provisions
  63. 41 Mayors for CCA areas: financial matters
  64. 42 Alternative mayoral titles
  65. 43 Alternative mayoral titles: further changes
  66. 44 Power to amend list of alternative titles
  67. 45 Proposal for new CCA (locally led)
  68. 46 Requirements in connection with establishment of CCA
  69. 47 Proposal for changes to existing arrangements relating to CCA (locally led)
  70. 48 Requirements for changes to existing arrangements relating to CCA
  71. 48A Requirements in connection with boundary changes or dissolution of CCA
  72. 48B Relevant consenting authorities in relation to regulations under section 25
  73. 48C Relevant consenting authorities in relation to regulations under section 26
  74. 49 General power of CCA
  75. 50 Boundaries of power under section 49
  76. 51 Power to make provision supplemental to section 49
  77. 52
  78. 52A Allowances for members with special responsibilities
  79. 53 Incidental etc provision
  80. 54 Transfer of property, rights and liabilities
  81. 55 Guidance
  82. 56 Consequential amendments
  83. 57 Interpretation of Chapter
  84. 58 Review of combined authority’s constitutional arrangements
  85. 59 Consent to changes to combined authority’s area
  86. 60 Changes to mayoral combined authority’s area: additional requirements
  87. 61 Consent to conferral of general functions on mayor
  88. 62 Consent to conferral of police and crime commissioner functions on mayor
  89. 63 Functions in respect of key route network roads
  90. 64 Membership of combined authority
  91. 65 Proposal for establishment of combined authority
  92. 66 Proposal for changes to existing combined arrangements
  93. 67 Consequential amendments relating to section 65 and 66
  94. 68 Regulations applying to combined authorities
  95. 69 Combined authorities and combined county authorities: power to borrow
  96. 70 Payment of allowances to committee members
  97. 71 Timing for changes in governance arrangements
  98. 72 Transfer of functions: changes in governance arrangements
  99. 73 Power to transfer etc public authority functions to certain local authorities
  100. 74 Participation of police and crime commissioners at certain local authority committees
  101. 76 Combined authorities: alternative mayoral titles
  102. 77 Local authorities in England: alternative mayoral titles
  103. 78 Capital finance risk management
  104. 79 Long-term empty dwellings: England
  105. 80 Dwellings occupied periodically: England
  106. 81 Alteration of street names: England
  107. 82 Powers of parish councils
  108. 83 The Common Council of the City of London: removal of voting restrictions
  109. 84 Power in relation to the processing of planning data
  110. 85 Power in relation to the provision of planning data
  111. 86 Power to require certain planning data to be made publicly available
  112. 89 Requirements to consult devolved administrations
  113. 90 Planning data regulations made by devolved authorities
  114. 91 Interpretation of Chapter
  115. 92 Development plans: content
  116. 94 National development management policies: meaning
  117. 97 Plan making
  118. 98 Contents of a neighbourhood development plan
  119. 99 Neighbourhood development plans and orders: basic conditions
  120. 100 Requirement to assist with certain plan making
  121. 101 Minor and consequential amendments in connection with Chapter 2
  122. 103 Temporary stop notices in relation to listed buildings
  123. 105 Removal of compensation for building preservation notice
  124. 106 Street votes
  125. 107 Street votes: community infrastructure levy
  126. 108 Street votes: modifications of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017
  127. 109 Crown development
  128. 111 Development commencement notices
  129. 112 Completion notices
  130. 113 Power to decline to determine applications in cases of earlier non-implementation etc
  131. 114 Condition relating to development progress reports
  132. 115 Time limits for enforcement
  133. 116 Duration of temporary stop notices
  134. 117 Enforcement warning notices
  135. 118 Restriction on appeals against enforcement notices
  136. 119 Undue delays in appeals
  137. 120 Penalties for non-compliance
  138. 121 Power to provide relief from enforcement of planning conditions
  139. 122 Consultation before applying for planning permission
  140. 123 Duty in relation to self-build and custom housebuilding
  141. 124 Powers as to form and content of planning applications
  142. 126 Fees for certain services in relation to nationally significant infrastructure projects
  143. 127 Power to shorten deadline for examination of development consent order applications
  144. 128 Additional powers in relation to non-material changes to development consent orders
  145. 129 Hazardous substances consent: connected applications to the Secretary of State
  146. 130 Regulations and orders under the Planning Acts
  147. 131 Power for appointees to vary determinations as to procedure
  148. 132 Pre-consolidation amendment of planning, development and compulsory purchase legislation
  149. 133 Participation in certain proceedings conducted by, or on behalf of, the Secretary of State
  150. 135 Biodiversity net gain: pre-development biodiversity value and habitat enhancement
  151. 136 Development affecting ancient woodland
  152. 140 Enforcement of Community Infrastructure Levy
  153. 152 Power to specify environmental outcomes
  154. 153 Environmental outcomes reports for relevant consents and relevant plans
  155. 154 Power to define “relevant consent” and “relevant plan” etc
  156. 155 Assessing and monitoring impact on outcomes etc
  157. 156 Safeguards: non-regression, international obligations and public engagement
  158. 157 Requirements to consult devolved administrations
  159. 158 EOR regulations: devolved authorities
  160. 159 Exemptions for national defence and civil emergency etc
  161. 160 Enforcement
  162. 161 Reporting
  163. 162 Public consultation etc
  164. 163 Guidance
  165. 164 Interaction with existing environmental assessment legislation and the Habitats Regulations
  166. 165 Consequential repeal of power to make provision for environmental assessment
  167. 166 EOR regulations: further provision
  168. 167 Interpretation of Part 6
  169. 168 Nutrient pollution standards to apply to certain sewage disposal works
  170. 169 Planning: assessments of effects on certain sites
  171. 170 Remediation
  172. 171 Locally-led urban development corporations
  173. 174 Planning functions of urban development corporations
  174. 175 Planning functions of new town development corporations
  175. 176 Mayoral development corporation as minerals and waste planning authority
  176. 177 Minor and consequential amendments
  177. 178 Removal of restrictions on membership of urban development corporations and new town development corporations
  178. 179 Removal of limits on borrowing of urban development corporations and new town development corporations
  179. 180 Acquisition by local authorities for purposes of regeneration
  180. 181 Online publicity
  181. 182 Confirmation proceedings
  182. 183 Conditional confirmation
  183. 184 Corresponding provision for purchases by Ministers
  184. 185 Time limits for implementation
  185. 186 Agreement to vary vesting date
  186. 187 Common standards for compulsory purchase data
  187. 188 ‘No-scheme’ principle: minor amendments
  188. 189 Prospects of planning permission for alternative development
  189. 190 Power to require prospects of planning permission to be ignored
  190. 191 Designated high streets and town centres
  191. 192 High-street uses and premises
  192. 193 Vacancy condition
  193. 194 Local benefit condition
  194. 195 Initial notice
  195. 196 Restriction on letting while initial notice in force
  196. 197 Circumstances in which letting to be permitted
  197. 198 Final notice
  198. 199 Restriction on letting while final notice in force
  199. 200 Restriction on works while final notice in force
  200. 201 Counter-notice
  201. 202 Appeals
  202. 203 Rental auctions
  203. 204 Power to contract for tenancy
  204. 205 Terms of contract for tenancy
  205. 206 Terms of tenancy
  206. 207 Power to grant tenancy in default
  207. 208 Deemed consent of superior lessor or mortgagee
  208. 209 Exclusion of security of tenure
  209. 210 Power to require provision of information
  210. 211 Power to enter and survey land
  211. 212 Offences in connection with section 211
  212. 213 Power to extend time limits
  213. 214 Further provision about letting notices
  214. 215 Other formalities
  215. 216 Compensation
  216. 217 Power to modify or disapply enactments applicable to letting
  217. 218 Interpretation of Part 10
  218. 219 Power to require provision of certain classes of information
  219. 220 The beneficial ownership purpose
  220. 221 The contractual control purpose
  221. 222 The national security purpose
  222. 223 Requirements may include transactional information
  223. 224 Use of information
  224. 225 Offences
  225. 226 Enforcement of requirements
  226. 227 Interpretation of Part 11
  227. 228 Registration of short-term rental properties
  228. 229 Pavement licences
  229. 231 Review of governance etc of RICS
  230. 232 Marine licensing
  231. 233 Power to replace Health and Safety Executive as building safety regulator
  232. 234 Transfer schemes in connection with regulations under section 233
  233. 236 Open access mapping
  234. 237 Childcare: use of non-domestic premises
  235. 238 Childcare: number of providers
  236. 239 Amendments of Schedule 7B to the Government of Wales Act 2006
  237. 240 Blue plaques in England
  238. 241 Powers of local authority in relation to the provision of childcare
  239. 242 Report on enforcement of the Vagrancy Act 1824
  240. 243 Qualifying leases under the Building Safety Act 2022
  241. 245 Protected landscapes
  242. 246 Data protection
  243. 247 Crown application
  244. 248 Amendments of references to “retained direct EU legislation”
  245. 249 Abbreviated references to certain Acts
  246. 250 Power to make consequential provision
  247. 251 Power to address conflicts with the Historic Environment (Wales) Act 2023
  248. 252 Regulations
  249. 253 Financial provisions
  250. 254 Extent
  251. 255 Commencement and transitional provision
  252. 256 Short title
  253. Schedule 1 Combined county authorities: overview and scrutiny committees and audit committee
  254. Schedule 2 Mayors for combined county authority areas: further provisions about elections
  255. Schedule 2A Commissioners
  256. Schedule 3 Mayors for combined county authority Areas: PCC functions
  257. Schedule 4 Combined county authorities: consequential amendments
  258. Schedule 5 Alteration of street names: consequential amendments
  259. Schedule 7 Plan making
  260. Schedule 8 Minor and consequential amendments in connection with Chapter 2 of Part 3
  261. Schedule 9 Street votes: minor and consequential amendments
  262. Schedule 10 Crown development: consequential amendments
  263. Schedule 11 Completion notices: consequential amendments
  264. Schedule 13 Regulations under Chapter 1 of Part 3 or Part 6: restrictions on devolved authorities
  265. Schedule 14 Existing environmental assessment legislation
  266. Schedule 15 Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards
  267. Schedule 17 Planning functions of development corporations: minor and consequential amendments
  268. Schedule 18 Conditional confirmation and making of compulsory purchase orders: consequential amendments
  269. Schedule 19 Compulsory purchase: corresponding provision for purchases by Ministers
  270. Schedule 20 Grounds of appeal against final letting notice
  271. Schedule 21 Provision to be included in terms of tenancy further to contract under section 204
  272. Schedule 22 Pavement licences
  273. Schedule 23 Use of non-domestic premises for childcare: registration
  274. Schedule 24 Regulations under Chapter 1 of Part 3 or Part 6: form and scrutiny

Proposed changes to this act

No one has proposed a change to this act yet.

274 provisions

202 Appeals

(1) This section applies if— (a) a counter-notice is given under section 201, and (b) the landlord of the premises to which it relates is not, within the period of 14 days beginning with the day on which the counter-notice was received by the local authority, notified by the authority of the withdrawal of the final letting notice. (2) The landlord may appeal against the final letting notice to the county court. (3) An appeal must be brought on the ground specified in the counter-notice. (4) An appeal must be brought within the period of 28 days beginning with the day on which the counter-notice was received by the local authority. (5) In disposing of an appeal under this section, the county court must either revoke or confirm the final letting notice. (6) The period referred to in section 198(3), as it applies to a particular final letting notice, is extended by one day (in addition to those referred to in section 201(6)) for each day in the period— (a) beginning with the day on which an appeal against the notice is brought, and (b) ending with the day on which the appeal is finally determined, withdrawn or abandoned. (7) For the purposes of subsection (6)(b), an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).

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203 Rental auctions

(1) A local authority may arrange for a rental auction to be carried out in respect of qualifying high-street premises if— (a) a final letting notice served by the authority is in force in relation to the premises, (b) it is no longer possible for that notice to be revoked on appeal (whether because of the expiry of the period referred to in section 201(2) or 202(4) or the final determination, withdrawal or abandonment of an appeal), and (c) either— (i) no tenancy or licence has been granted, or other agreement entered into, with the consent of the authority under section 199 or in circumstances where consent was not needed because of subsection (3) of that section, or (ii) the authority is satisfied that any tenancy, licence or agreement so granted or entered into is consistent with the contemplated exercise of its powers under section 204. (2) A “rental auction” is a process for finding persons who would be willing to take a tenancy of the premises further to a contract under section 204 and ascertaining the consideration that they would be willing to give in order to do so. (3) Regulations must make provision about the process. (4) The regulations must provide for the suitable high-street use of the premises to be specified by the local authority ahead of the auction. (5) The regulations must provide for the identification of a person as the “successful bidder” following a rental auction, except in cases where the regulations provide for there to be no successful bidder. (6) The regulations may, in particular, provide for a person who took part in the auction but would not otherwise be the successful bidder to be treated as the successful bidder if— (a) the landlord of the premises so proposes or agrees, or (b) it appears to the local authority that it will not be reasonably practicable to enter into a contract under section 204 with the person who would otherwise be the successful bidder. (7) The regulations may include provision about with whom, and on what terms, the local authority can enter into arrangements for the auction. (8) The regulations may allow local authorities to make choices as to procedure. (9) To the extent that the local authority has a choice as to procedure, the local authority must have regard to any representations made by the landlord.

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204 Power to contract for tenancy

(1) Subsection (2) applies if— (a) a final letting notice served by the authority is in force in relation to the premises, (b) the period of 42 days beginning with the day on which that notice took effect has elapsed, (c) a rental auction has been carried out in respect of qualifying high-street premises, and (d) the condition in section 203(1)(c) is still met. (2) The local authority that served the notice may enter into a tenancy contract with the successful bidder in the auction (as identified in accordance with regulations under section 203). (3) A “tenancy contract” is a contract under which— (a) the landlord of the premises agrees to grant, and (b) the successful bidder agrees to take, a short-term tenancy of the premises (including a contract under which those things are agreed subject to conditions). (4) A contract entered into under this section has effect as if it was entered into by the landlord of the premises instead of the local authority. (5) A local authority is to act under this section in its own name, but with an indication that it is acting so as to bind the landlord rather than itself. (6) As soon as possible after entering into a contract under this section, the local authority must provide a signed copy of it to the landlord.

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205 Terms of contract for tenancy

(1) This section applies in relation to a contract entered into under section 204. (2) The contract must set out the terms of the agreed tenancy (as to which see section 206). (3) The contract may identify the physical extent of the premises in greater detail than that in which the premises were identified for the purposes of sections 195 to 203. (4) The contract may (subject to regulations under subsection (6)) include— (a) provision allowing the tenant to carry out pre-tenancy works (and to enter land for the purpose); (b) provision making that ability subject to the consent of the landlord (and about the giving of such consent); (c) provision requiring the landlord to carry out pre-tenancy works (whether in or outside the premises) before the term of the agreed tenancy begins; (d) provision about the remedies available to the tenant if the landlord fails to carry out pre-tenancy works as so required. (5) “Pre-tenancy works” means works carried out (whether in or outside the premises) before the term of the agreed tenancy begins in contemplation of the use of the premises by the tenant once the term begins. (6) Regulations may— (a) impose restrictions or conditions on the ability to include provision within subsection (4) in the contract; (b) provide for circumstances in which provision within subsection (4) must be included in the contract; (c) make other provision about the terms of the contract. (7) In making regulations under subsection (6), the Secretary of State must have regard to the terms on which contracts for the grant of short-term tenancies are typically entered into on a commercial basis. (8) In deciding (so far as it has discretion to do so) on the terms of the contract, the local authority must have regard to any representations made by the landlord. (9) In this section— “the agreed tenancy” means the tenancy the grant of which is agreed in the contract; “the premises” means the premises that are to be demised by the agreed tenancy; “the tenant” means the prospective tenant under the agreed tenancy; “the landlord” means the landlord of the premises.

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206 Terms of tenancy

(1) This section applies in relation to a tenancy the grant of which is agreed in a contract entered into under section 204. (2) If the interest of the landlord in the premises is such that the landlord could not grant a tenancy the term of which ended after a particular time, the term of the tenancy must not end after that time. (3) The tenancy must include terms requiring that the premises be used wholly or mainly for the suitable high-street use specified by the local authority ahead of the rental auction that preceded the contract. (4) If the rental auction involved the successful bidder indicating the amount of premium or rent that the successful bidder would be willing to pay, the premium or rent payable under the tenancy must, unless the landlord agrees otherwise, be of the amount indicated (subject to any term of the tenancy about review or deduction of rent). (5) The terms of the tenancy may include provision granting to the tenant interests or rights in or over land outside the premises in connection with tenant’s use of the premises. (6) The terms of the tenancy must include provision satisfying each of the descriptions set out in Schedule 21. (7) Regulations may— (a) provide exceptions from subsection (6); (b) provide further detail about the provision that is to be included in the terms of the tenancy by virtue of subsection (6); (c) make other provision about the terms of the tenancy. (8) In making regulations under subsection (7), the Secretary of State must have regard to the terms on which short-term tenancies are typically granted on a commercial basis. (9) In deciding (so far as it has discretion to do so) on the terms of the tenancy, the local authority must have regard to any representations made by the landlord. (10) In this section— “the premises” means the premises which are to be demised by the tenancy; “the landlord” means the landlord of the premises.

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207 Power to grant tenancy in default

(1) This section applies if— (a) a local authority has entered into a contract under section 204, and (b) the landlord of the premises to which the contract relates fails to grant a tenancy as required by the contract. (2) The local authority may grant the tenancy that the landlord should have granted. (3) A tenancy granted under this section has effect as if it was granted by the landlord instead of the local authority; and the local authority may do anything that the landlord could do in order to make an effective grant. (4) A local authority is to act under this section in its own name, but with an indication that it is acting so as to bind the landlord rather than itself. (5) As soon as possible after granting a tenancy under this section, the local authority must provide a signed copy of the instrument by which the tenancy was granted to the landlord.

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208 Deemed consent of superior lessor or mortgagee

A contract entered into under section 204, and a tenancy granted further to such a contract, are deemed to have been entered into or granted with the express consent of— (a) any person who is (or will be when the tenancy is granted) a superior lessor of the land in which the premises in question are comprised, and (b) any mortgagee of that land.

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209 Exclusion of security of tenure

A tenancy granted further to a contract entered into under section 204 is excluded from sections 24 to 28 of the Landlord and Tenant Act 1954.

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210 Power to require provision of information

(1) This section applies in relation to premises that are situated on a designated high street or within a designated town centre. (2) The local authority for the area in which the premises are situated may, in writing, require any interested person to give information about the premises to the authority. (3) In subsection (2), “interested person” means a person who appears to the local authority to have an interest in the land in which the premises are comprised. (4) For the purposes of subsection (2), information about premises includes information about— (a) the occupation of the premises, (b) matters affecting the premises, (c) persons interested in the premises, and (d) their interests in the premises. (5) A requirement under subsection (2) must state the time by which and manner in which the information is required to be given. (6) The power conferred by subsection (2) may be exercised only for the purpose of obtaining information about the premises that the local authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises. (7) A person commits an offence if the person— (a) fails without reasonable excuse to comply with a requirement under subsection (2), or (b) in response to such a requirement, gives information that— (i) is false, and (ii) the person knows or should reasonably know to be false. (8) A person who commits an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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211 Power to enter and survey land

(1) This section applies in relation to premises that are situated on a designated high street or within a designated town centre. (2) A person authorised in writing by the local authority for the area in which the premises are situated may— (a) enter and survey the premises, and (b) enter on any other land in order to gain access to the premises for the purposes of paragraph (a). (3) In the following provisions of this section, “the power” means the power conferred by subsection (2). (4) The power may be exercised only for the purpose of obtaining information about the premises that the authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises. (5) The power may be exercised only if the local authority has given, or made all reasonable efforts to give, written notice to— (a) the landlord of the premises, for the purposes of subsection (2)(a), or (b) the person who appears to the local authority to be in possession of, or entitled to possession of, the land, for the purposes of subsection (2)(b), at least 14 days before the day on which the power is first exercised in relation to the premises or other land in question. (6) The power may be exercised only at a reasonable time. (7) The power may not be exercised in a way that involves the use of force, except on the authority of a warrant issued by a justice of the peace. (8) Such a warrant— (a) may be issued only on an application supported by evidence given on oath, (b) may be issued only if the justice of the peace is satisfied that reasonable efforts have been made to exercise the power without the use of force, and (c) must specify the number of occasions on which it can be relied. (9) A person exercising the power must produce— (a) evidence of the authorisation referred to in subsection (2), and (b) a copy of any warrant issued under subsection (7), if so requested by any person who appears to have control over the premises or other land. (10) If no person who appears to have control over the premises or other land is present when the power is exercised, the person exercising the power must leave the premises or land as secure against trespassers as when the person entered.

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212 Offences in connection with section 211

(1) A person who, without reasonable excuse, obstructs a person in the exercise of the power conferred by section 211(2) is guilty of an offence. (2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) A person commits an offence if the person discloses confidential information, obtained in the exercise of the power conferred by section 211(2), for purposes other than those for which the power was exercised. (4) A person who commits an offence under subsection (3) is liable— (a) on summary conviction, to a fine, or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. (5) In subsection (3), “confidential information” means information— (a) which constitutes a trade secret, or (b) the disclosure of which would or would be likely to prejudice the commercial interests of any person.

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213 Power to extend time limits

(1) Subsection (2) applies if it appears to the county court that, because of— (a) a failure to comply with a requirement under section 210(2), (b) the giving of false information in response to such a requirement, or (c) obstruction of a person in the exercise of the power conferred by section 211(2), a local authority has been impeded in deciding whether or how to exercise its functions under this Part in relation to premises in respect of which an initial letting notice or final letting notice is in force. (2) The court may order that the period referred to in section 195(2)(b) or 198(3), as applicable in relation to the notice, is to be extended by such number of days as appears to the court to be appropriate in view of the impediment. (3) The court may act under this section only on an application by the local authority.

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214 Further provision about letting notices

(1) In this section, references to letting notices are to initial letting notices and final letting notices. (2) Regulations must make provision about— (a) the form and content of letting notices, (b) the service of letting notices, and (c) when letting notices take effect. (3) In making regulations under subsection (2)(a), the Secretary of State must seek to secure that letting notices— (a) identify the premises to which they relate and their suitable high-street use, (b) explain the reasons for the service of the notice, and (c) explain the consequences under this Part of the notice having been served, in such detail as is adequate in order for the recipient of the notice to be able to decide how to act in response to it. (4) For the purposes of this Part, an authority serves a letting notice on the day on which it takes the last step that it needs to take in order for the notice to be served in accordance with regulations under subsection (2)(b). (5) In making regulations under subsection (2)(c), the Secretary of State must seek to secure that, in the ordinary course of events (taking into account the method of service employed), it is likely that the landlord will become aware of the notice by the time it takes effect. (6) A letting notice served by a local authority may be withdrawn by the authority at any time. (7) A letting notice— (a) is not affected by any change in the landlord of the premises in relation to which it has been served, and (b) is a local land charge. (8) Regulations may provide for copies of letting notices to be served on— (a) persons with interests in the affected premises that are superior to the landlord’s interest; (b) mortgagees of the affected premises.

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215 Other formalities

Regulations may make provision about the manner of, or procedure to be followed in connection with— (a) making, varying or withdrawing a designation under section 191; (b) seeking, giving or refusing consent under section 196 or 199; (c) giving a counter-notice under section 201; (d) making representations under section 203(9), 205(8) or 206(9); (e) making a requirement under section 210; (f) giving notice under section 211(5).

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216 Compensation

(1) A person interested in land is entitled to compensation for damage as a result of the exercise of the power conferred by section 211. (2) Such compensation is payable by the local authority that authorised the exercise of the power. (3) Any disputes relating to compensation under this section are to be determined by the Upper Tribunal. (4) The provisions of section 4 of the Land Compensation Act 1961 apply to the determination of such disputes, with any necessary modifications. (5) Except as provided by subsection (1), no compensation is payable in respect of the exercise of the powers conferred by this Part.

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217 Power to modify or disapply enactments applicable to letting

(1) Subsection (2) applies to an enactment which imposes obligations on a lessor or prospective lessor of premises in relation to— (a) the letting of the premises, or (b) the premises while let. (2) Regulations may provide for the enactment to— (a) apply with modifications, or (b) not to apply, in relation to a tenancy granted (or to be granted) further to a contract entered into under section 204, or the premises demised by such a tenancy. (3) In this section “enactment” includes an enactment comprised in subordinate legislation, within the meaning given by section 21(1) of the Interpretation Act 1978.

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218 Interpretation of Part 10

(1) The following provisions apply for the purposes of this Part. (2) Each of the following is a local authority— (a) a district council in England, (b) a county council in England for any area for which there is no district council, (c) a London borough council, (d) the Common Council of the City of London, and (e) the Council of the Isles of Scilly. (3) “Premises” means— (a) the whole of a building that is designed or adapted to be used as a whole, or (b) any part of a building that— (i) is designed or adapted to be used separately from the other parts, or (ii) could with reasonable adaptation be so used. (4) Premises are situated on a street if the building comprising or containing the premises— (a) directly adjoins the street, or (b) is separated from the street only by the curtilage of the building. (5) “Street” means a street, within the meaning given by section 48(1) of the New Roads and Street Works Act 1991, to which the public have access on foot (whether by right or permission); and includes any part of a street. (6) “The landlord”, in relation to premises, means a person who— (a) is entitled to possession of the premises, and (b) has sufficient interest in the premises to be capable of granting a tenancy of the premises of at least one year in duration. (7) For the purposes of subsection (6) as it applies in relation to— (a) the service of a final letting notice in the circumstances described in section 198(1)(c)(ii), and (b) the operation of this Part following the service of such a notice, the tenancy, licence or agreement referred to in section 198(1)(c)(ii) is to be ignored. (8) “Short-term tenancy” means a tenancy for a term of at least one year but not exceeding five years. (9) References to the terms of a contract or tenancy include covenants, conditions and grants. (10) “Mortgagee” is to be read as if any charge or lien for securing money or money’s worth was a “mortgage”. (11) References to regulations are to regulations made by the Secretary of State.

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219 Power to require provision of certain classes of information

(1) Regulations may require the provision of information that is within the scope of a permitted purpose. (2) So far as the regulations are to extend to England and Wales, the permitted purposes are— (a) the beneficial ownership purpose (see section 220), (b) the contractual control purpose (see section 221), and (c) the national security purpose (see section 222). (3) So far as the regulations are to extend to Scotland or Northern Ireland, the only permitted purpose is the national security purpose. (4) Regulations under this section must, for each requirement they impose, specify— (a) the person on whom the requirement falls, (b) the occurrence or circumstances that gives or give rise to the requirement, (c) the time limit for complying with the requirement, and (d) the person to whom the required information is to be provided. (5) The occurrence or circumstances specified under subsection (4)(b)— (a) must, in the case of a requirement to provide information within the scope of the national security purpose, and (b) in any other case may, be (or include) the giving of a notice in accordance with the regulations to the person on whom the requirement falls. (6) In relation to such cases, the regulations may also make provision deeming notice to have been given at a certain time in certain circumstances. (7) The person specified under subsection (4)(d) must be— (a) the Chief Land Registrar, or (b) another person exercising public functions on behalf of the Crown. (8) Regulations under this section may— (a) make provision about how information is to be provided (including provision requiring it to be provided by electronic means specified in the regulations); (b) provide for, or make provision about, the application of the regulations to persons outside, or information held outside, the United Kingdom; (c) relate to things done or arising before the coming into force of this section.

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220 The beneficial ownership purpose

(1) Information is within the scope of the beneficial ownership purpose if it appears to the Secretary of State that the information would be useful for the purpose of— (a) identifying persons who are beneficial owners of land in England or Wales, or (b) understanding the relationship of those persons with the land that they beneficially own. (2) For the purposes of this section, a person beneficially owns land if either of the following subsections applies. (3) This subsection applies where— (a) the land is owned by a body corporate or partnership, and (b) the person is, in relation to that body corporate or partnership, a beneficial owner within the meaning given by regulation 5 of the Money Laundering Regulations. (4) This subsection applies where— (a) the land is owned as part of— (i) a trust, foundation or similar legal arrangement, or (ii) the estate of a deceased person in the course of administration, and (b) the person is, in relation to that trust, foundation, arrangement or estate, a beneficial owner within the meaning given by regulation 6 of the Money Laundering Regulations. (5) In this section— (a) expressions that are also used in regulation 5 or 6 of the Money Laundering Regulations have the same meaning as in that regulation; (b) references to ownership of land (except references to beneficial ownership) are to the legal ownership of a freehold or leasehold estate in the land; (c) “the Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).

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221 The contractual control purpose

(1) Information is within the scope of the contractual control purpose if it appears to the Secretary of State that the information would be useful for the purpose of understanding relevant contractual rights. (2) For the purposes of subsection (1), understanding relevant contractual rights includes identifying the persons holding them and understanding the circumstances in which they were created or acquired. (3) “Relevant contractual rights” are rights that— (a) arise under a contract, (b) relate to the development, use or disposal of land in England or Wales, and (c) are held for the purposes of an undertaking. (4) In this section— “contract” includes a deed (whether or not made for consideration); “undertaking” includes— a business, a charity or similar endeavour, and the exercise of functions of a public nature.

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222 The national security purpose

(1) Information is within the scope of the national security purpose if— (a) the information relates to land that is within subsection (2), (b) the information is within subsection (3), and (c) it appears to the Secretary of State that requiring the provision of the information under section 219 would be justified in the interests of national security. (2) Land is within this subsection if it appears to the Secretary of State that a threat to national security arises in connection with the location of the land or anything situated or done on it. (3) Information is within this subsection if it appears to the Secretary of State that the information would be useful for the purpose of— (a) identifying persons who— (i) own relevant interests in the land, (ii) have relevant rights concerning the land, or (iii) have the ability, or are in a position that may involve the ability, to control or influence (directly or indirectly) the owner of a relevant interest in the land, or a person with a relevant right concerning the land, in the exercise of that ownership or right, or (b) understanding the relationship of those persons with the land. (4) In subsection (3)— (a) references to ownership include legal and beneficial ownership; (b) “control or influence” includes control or influence by reason of interests or rights in or under a company, partnership, trust, foundation, or legal structure or arrangement similar to any of those.

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223 Requirements may include transactional information

(1) The information that may (if it falls within the scope of a permitted purpose) be required to be provided under section 219 includes transactional information about instruments, contracts or other arrangements— (a) creating, altering, extinguishing, evidencing, or transferring relevant interests in land, or (b) conferring, amending, assigning, terminating or otherwise modifying relevant rights concerning land. (2) “Transactional information” means— (a) details of the parties to a transaction; (b) details of persons on whose behalf or for whose benefit the parties to a transaction are or were acting; (c) details of the terms of a transaction; (d) details of persons providing professional services in relation to a transaction; (e) details of the source of any money paid or other consideration given in connection with a transaction; (f) copies of documents giving effect to or evidencing a transaction. (3) “Transaction”, in subsection (2), means an instrument, contract or other arrangement within subsection (1).

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224 Use of information

(1) Regulations may provide for— (a) the retention of information provided further to a requirement imposed under section 219; (b) the sharing of such information with persons exercising functions of a public nature, for use for the purposes of such functions; (c) the publication of such information. (2) In the case of a requirement to provide information within the scope of the national security purpose, regulations under subsection (1) may be made so as to apply to information provided further to the requirement only so far as appears to the Secretary of State to be justified in the interests of national security. (3) Regulations may provide for the payment of fees— (a) by persons providing information further to a requirement imposed under section 219, and (b) to the person to whom the information is provided, in respect of any functions conferred on that person under subsection (1). (4) No civil liability is to arise from the sharing or publication of information under regulations under this section by reason of any inaccuracy or omission in the information as provided further to a requirement imposed under section 219.

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225 Offences

(1) A person who, without reasonable excuse, fails to comply with a requirement imposed under section 219 commits an offence. (2) A person commits an offence if— (a) the person provides information in response to a requirement imposed under section 219, (b) the information is false or misleading in a material particular, and (c) the person knows that the information is false or misleading or is reckless as to whether it is. (3) But an offence under this section is committed under the law of a given jurisdiction only if the requirement in question is imposed by regulations extending to that jurisdiction. (4) A person who commits an offence under subsection (1) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both); (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both); (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). (5) In subsection (4)(a), “the maximum term for summary offences” means— (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months; (b) if the offence is committed after that time, 51 weeks. (6) A person guilty of an offence under subsection (2) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both); (d) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both). (7) If— (a) an entity within subsection (8) commits an offence under this section, and (b) a person who is, or is purporting to act as, a relevant officer of the entity authorises or permits, participates in, or fails to take all reasonable steps to prevent the commission of the offence, that person also commits the offence. (8) The entities within this subsection are those specified in the first column of the following table; and “relevant officer”, in relation to such an entity, means a person acting in a capacity specified in the corresponding entry in the second column. Entity | “Relevant officer” A company. | A director, manager, secretary or similar officer. A partnership. | A partner. A body corporate (other than a company) or unincorporated body whose affairs are managed by a governing body. | A member of the governing body. A body corporate (other than a company) or unincorporated body whose affairs are managed by its members. | A member. (9) An offence under this section committed under the law of Scotland by a person outside Scotland may be prosecuted in— (a) a sheriff court district in which the person is apprehended or in custody, or (b) a sheriff court district determined by the Lord Advocate, as if the offence had been committed in that district (and in that event the offence is for all incidental or consequential purposes deemed to have been committed in that district). (10) In subsection (9), “sheriff court district” is to be read in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995.

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226 Enforcement of requirements

(1) Regulations may make provision to prevent a relevant registration act from being carried out in relation to a relevant interest in land or relevant right concerning land in relation to which a requirement imposed under section 219 has not been complied with. (2) For the purposes of subsection (1), a relevant registration act is any act that would or could be carried out in relation to the register of title kept under the Land Registration Act 2002. (3) Regulations under subsection (1) may— (a) amend the Land Registration Act 2002; (b) make consequential amendments of any other enactment.

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227 Interpretation of Part 11

In this Part— “person” includes any entity that has legal personality under the law by which it is governed; “regulations” means regulations made by the Secretary of State; “relevant interest in land” means an estate, interest, right or power in or over land in the United Kingdom, except an advowson, franchise or manor; “relevant right concerning land” means a right or power, arising under a contract or otherwise, that is not a relevant interest in land but concerns the ownership, control or use of land in the United Kingdom.

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228 Registration of short-term rental properties

(1) The Secretary of State must by regulations make provision requiring or permitting the registration of specified short-term rental properties in England. (2) “Short-term rental property” means— (a) a dwelling, or part of a dwelling, which is provided by a person (“the host”) to another person (“the guest”)— (i) for use by the guest as accommodation other than the guest’s only or principal residence, (ii) in return for payment (whether or not by the guest), and (iii) in the course of a trade or business carried on by the host, and (b) any dwelling or premises, or part of a dwelling or premises, not falling within paragraph (a) which is specified for the purposes of this paragraph. (3) The Secretary of State must consult the public before making the first regulations under this section. (4) The requirement in subsection (3) may be satisfied by consultation undertaken before the coming into force of this section. (5) Regulations under this section may, in particular, include provision about or in connection with— (a) who may, or must, maintain the register or registers provided for under this section; (b) who may, or must, register a specified short-term rental property on any register provided for under this section; (c) conditions that must be satisfied for a specified short-term rental property to be registered or conditions that may be placed upon a specified short-term rental property’s registration (including provision about the circumstances in which such conditions may be varied); (d) the circumstances in which the registration of a specified short-term rental property may be revoked; (e) procedural requirements relating to the registration of a specified short-term rental property, the variation of any conditions placed on the registration or the revocation of the registration; (f) appeals against decisions made in relation to the registration of a specified short-term rental property; (g) the form or content of— (i) a register provided for under this section, (ii) an application for registration on such a register, or (iii) any other document provided for under this section; (h) how the registration of a specified short-term rental property may or must be publicised; (i) the collection, provision or publication of information in connection with regulations under this section; (j) exemptions from some or all of the requirements imposed by regulations under this section; (k) prohibiting the provision of a short-term rental property or anything done wholly or partly for the purposes of promoting such a property to the public or a section of the public, in the course of a trade or business, where the property is not registered or another requirement imposed by regulations under this section has not been met; (l) the enforcement of requirements or prohibitions imposed by regulations made under this section. (6) Provision under subsection (5)(l) may, in particular, include provision— (a) conferring a power on a court or tribunal; (b) for the imposition of civil sanctions and appeals against such sanctions. (7) Regulations under this section may make provision for the imposition of civil sanctions whether or not the conduct in respect of which the sanction is imposed constitutes an offence. (8) Regulations under this section may— (a) provide for the charging of fees or other charges; (b) confer a function, including a function involving the exercise of a discretion, on any person; (c) relate to all or only part of England (and still discharge the duty in subsection (1)). (9) In this section— “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices, enforcement undertakings); “premises” includes any place and, in particular, includes— any vehicle or vessel; any tent or moveable structure; “specified” means specified or described in regulations made under this section.

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229 Pavement licences

Schedule 22 makes— (a) provision to make the regime for pavement licences under sections 1 to 9 of the Business and Planning Act 2020 permanent, and (b) other provision relating to pavement licences.

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231 Review of governance etc of RICS

(1) The Secretary of State may, from time to time, appoint an independent person to carry out a review of— (a) the governance of the Royal Institution of Chartered Surveyors, (b) the effectiveness of the Institution in meeting its objectives, and (c) any other matter specified in the appointment. (2) A matter may be specified under subsection (1)(c) only if the Secretary of State considers that the matter is connected with— (a) the governance of the Institution, or (b) the effectiveness of the Institution in meeting its objectives. (3) On completion of a review, the appointed person must make a written report to the Secretary of State— (a) setting out the result of the review, and (b) making such recommendations (if any) as the person considers. (4) The Secretary of State must publish a copy of the report. (5) In this section “independent” means appearing to the Secretary of State to be independent of— (a) the Secretary of State, and (b) the Royal Institution of Chartered Surveyors.

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232 Marine licensing

(1) The Marine and Coastal Access Act 2009 is amended in accordance with subsections (2) to (7). (2) In section 72A (further fees chargeable where the Welsh Ministers are the appropriate licensing authority)— (a) in the heading, from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”; (b) in subsection (1), for the words from “Welsh” to the end substitute “appropriate licensing authority in relation to a marine licence granted under this Part is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”; (c) in subsection (2)(c), insert at the beginning “where the Welsh Ministers are the licensing authority,”; (d) after subsection (2) insert— (2A) Where the licensing authority is the Secretary of State or the Scottish Ministers, the authority may charge a fee for dealing with— (a) a variation of the licence under section 72(3) (whether or not on an application), or (b) a transfer and variation of the licence under section 72(7). ; (e) in subsection (4), for “subsection (2)” substitute “subsections (2) and (2A)”; (f) in subsection (6)— (i) the words from “an application” to “72” become paragraph (a), (ii) at the beginning of that paragraph insert “where the Welsh Ministers are the licensing authority,”, (iii) after that paragraph insert , or (b) where the licensing authority is the Secretary of State or the Scottish Ministers, an application for a variation of a licence under section 72(3) or a transfer and variation of a licence under section 72(7), ; (iv) in the closing words, after “licensee” insert “or (as the case may be) other applicant”; and (g) in subsection (9), after “licensee” insert “or other applicant”. (3) In section 98 (delegation of functions), in subsection (6)— (a) in paragraph (ca), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”; (b) in paragraph (ha), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”; (c) in paragraph (hb), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”. (4) In section 107A (deposits on account of fees payable)— (a) in the heading, after “the” insert “Secretary of State, the Scottish Ministers or the”; (b) in subsection (1), from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers.” (5) In section 107B (supplementary provision about fees)— (a) in the heading, after “the” insert “Secretary of State, the Scottish Ministers or the”; (b) in subsection (1), from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers.” (6) In section 108 (appeals against notices), in subsection (2A), at the beginning insert “The Secretary of State, the Scottish Ministers or”. (7) In section 110A (fees: oil and gas activities for which marine licence needed), in subsection (4)— (a) after “67,” insert “72(3), 72(7) or 72A(2)(a) or (b),”; (b) after “67(2)” insert “or 72A(4)”; (c) after “67(5)” insert “or 72A(6)”. (8) The amendments made to the Marine and Coastal Access Act 2009 by sections 77 to 80 of the Environment (Wales) Act 2016 (anaw 3) extend to Scotland and Northern Ireland (as well as England and Wales). (9) The Public Bodies (Marine Management Organisation) (Fees) Order 2014 (S.I. 2014/2555) is revoked.

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233 Power to replace Health and Safety Executive as building safety regulator

(1) The Secretary of State may by regulations make provision for a body (“the new regulator”) to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022. (2) The new regulator may be— (a) a body established by the regulations, or (b) another body specified in the regulations. (3) The Secretary of State may by regulations make further provision in connection with subsection (1), including provision— (a) conferring the functions of the Health and Safety Executive as the building safety regulator on to the new regulator; (b) establishing or modifying the constitutional arrangements of the new regulator; (c) establishing or modifying the funding arrangements of the new regulator; (d) conferring a power on the Secretary of State to give directions to the new regulator. (4) Regulations under this section may amend, repeal or revoke any provision made by or under— (a) the Health and Safety at Work etc. Act 1974; (b) the Building Act 1984; (c) TCPA 1990; (d) section 54 of PCPA 2004; (e) the Building Safety Act 2022. (5) No regulations may be made under this section after the end of the period of 24 months beginning with the day on which the final report of the Grenfell Tower Inquiry is presented to Parliament in accordance with section 26 of the Inquiries Act 2005. (6) In this section— “constitutional arrangements”, in relation to the new regulator, include matters relating to— the name and status of the body; the chair, members and staff of the body (including qualifications and procedures for appointment and functions); the body’s powers to employ staff; remuneration, allowances and pensions for the body’s members and staff; governing procedures and arrangements (including the role and membership of committees and sub-committees); reports and accounts (including audit); “funding arrangements”, in relation to the new regulator, include provision for it to be funded by a Minister of the Crown and the extent of such funding; “Grenfell Tower Inquiry” means the public inquiry into the fire at Grenfell Tower on 14 June 2017 as set up on 15 August 2017 for the purposes of section 5 of the Inquiries Act 2005; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

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234 Transfer schemes in connection with regulations under section 233

(1) The Secretary of State may, in connection with regulations under section 233(1), make one or more schemes for the transfer of property, rights and liabilities (“transfer schemes”). (2) A transfer scheme in connection with regulations under section 233(1) may provide for the transfer of property, rights or liabilities to the new regulator from the Health and Safety Executive. (3) The things that may be transferred under a transfer scheme include— (a) property, rights and liabilities that could not otherwise be transferred; (b) property acquired, and rights and liabilities arising, after the making of the scheme; (c) criminal liabilities. (4) A transfer scheme may— (a) create rights, or impose liabilities, in relation to property or rights transferred; (b) make provision about the continuing effect of things done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred; (d) make provision for references to the Health and Safety Executive in an instrument or other document in respect of anything transferred to be treated as references to the new regulator; (e) make provision for the shared ownership or use of property; (f) make provision which is the same as or similar to the TUPE regulations; (g) make other consequential, supplementary, incidental or transitional provision. (5) A transfer scheme may provide— (a) for modifications by agreement; (b) for modifications to have effect from the date when the original scheme came into effect. (6) In subsection (4)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). (7) For the purposes of this section— (a) references to rights and liabilities include rights and liabilities relating to a contract of employment; (b) references to the transfer of property include the grant of a lease. (8) For the purposes of subsection (7)(a)— (a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and (b) the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment. (9) In this section “new regulator” has the meaning given in section 233(1).

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236 Open access mapping

(1) The Countryside and Rights of Way Act 2000 is amended as follows. (2) After section 9 (maps in conclusive form) insert— Review of maps (England) 9A (1) This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England. (2) Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether— (a) any land shown on that map as open country or registered common land is open country or registered common land at the time of the review, and (b) any land in that area which is not so shown ought to be so shown. (3) Regulations may require Natural England to carry out subsequent reviews, in respect of such matters and in respect of such circumstances as may be prescribed. (3) In section 10 (review of maps)— (a) at the end of the heading insert “(Wales)”; (b) in subsection (1), after “area” insert “in Wales”; (c) in subsection (2), for paragraphs (a) and (b) substitute— (a) in the case of the first review, not more than ten years after the issue of the map in conclusive form, and (b) in the case of subsequent reviews, not more than fifteen years after the previous review. (4) In section 11 (regulations relating to maps)— (a) in subsection (2), after paragraph (j) insert— (ja) the procedure to be followed on a review under section 9A (including provision as to the period within which, and the manner in which, representations may be made to Natural England in relation to such a review), ; (b) after subsection (3) insert— (3A) Regulations made by virtue of subsection (2)(ja) may make provision— (a) for appeals in relation to a review, including by making provision applying, or corresponding to, any provision of, or made under, Schedule 1A to the National Parks and Access to the Countryside Act 1949 (coastal access reports) (with or without modifications); (b) enabling Natural England to make a determination in preparing a map on a review that any boundary of an area of open country is to be treated as coinciding with a particular physical feature (whether the effect is to include other land as open country or to exclude part of an area of open country).

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237 Childcare: use of non-domestic premises

(1) In section 96 of the Childcare Act 2006 (meaning of early years and later years provision etc), in each of subsections (4) and (8) omit “, where at least half of the provision is on domestic premises”. (2) Schedule 23 amends the Childcare Act 2006 to make provision relating to the registration of persons providing childminding wholly on non-domestic premises.

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238 Childcare: number of providers

In section 96 of the Childcare Act 2006 (meaning of early years and later years provision etc), in each of subsections (5) and (9), for “three” substitute “four”.

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239 Amendments of Schedule 7B to the Government of Wales Act 2006

(1) Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru) is amended in accordance with subsections (2) and (3). (2) In paragraph 9(8)(b) (exceptions to restrictions relating to reserved authorities)— (a) omit the “or” at the end of paragraph (vi); (b) after paragraph (vii) insert ; or (viii) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023. (3) In paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)— (a) omit the “or” at the end of the first paragraph (ix); (b) for the second paragraph (ix) substitute— (x) the Trade (Australia and New Zealand) Act 2023; or (xi) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023. (4) In the Procurement Act 2023— (a) in section 118 (concurrent powers and the Government of Wales Act 2006), for paragraphs (c) and (d) substitute— (c) at the end of paragraph 11(6)(b)(x), omit “or”, and (d) in paragraph 11(6)(b)(xi), at the end insert , or (xii) the Procurement Act 2023. ; (b) in Schedule 11 (repeals and revocations), for paragraph 1 substitute— 1 In Schedule 7B to the Government of Wales Act 2006 (general restrictions on devolved competence)— (a) paragraph 9(9)(d) (as inserted by the Trade (Australia and New Zealand) Act 2023), and (b) paragraph 11(6)(b)(x) (as inserted by the Levelling-up and Regeneration Act 2023).

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240 Blue plaques in England

In paragraph 4 of Schedule 2 to the Local Government Act 1985 (Listed Buildings, Conservation Areas and Ancient Monuments), for “Greater London” substitute “any area in England”.

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241 Powers of local authority in relation to the provision of childcare

In section 8 of the Childcare Act 2006 (powers of local authority in relation to the provision of childcare)— (a) in subsection (1)(c) omit “subject to subsection (3),”; (b) omit subsections (3) to (5).

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242 Report on enforcement of the Vagrancy Act 1824

(1) The Secretary of State must prepare and publish a report on the impact of the enforcement of sections 3 and 4 of the Vagrancy Act 1824 on the levelling-up missions (within the meaning given by section 1(2)(a)). (2) The report must be published within the period of 12 months beginning with the day on which this section comes into force. (3) This section ceases to have effect on the day on which section 81 of the Police, Crime, Sentencing and Courts Act 2022 (repeal of the Vagrancy Act 1824 etc) comes into force.

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243 Qualifying leases under the Building Safety Act 2022

(1) The Building Safety Act 2022 is amended in accordance with subsections (2) to (4). (2) In section 119 (meaning of “qualifying lease”) after subsection (3) insert— (3A) A connected replacement lease (see section 119A) is also a “qualifying lease”. (3) After section 119 insert— Meaning of “connected replacement lease” 119A (1) For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if— (a) the new lease is a lease of a single dwelling in a relevant building, (b) the tenant under the new lease is liable to pay a service charge, (c) the new lease was granted on or after 14 February 2022, (d) the new lease replaces— (i) one other lease, which is a qualifying lease (whether under section 119(2) or (3A)), or (ii) two or more other leases, at least one of which is a qualifying lease (whether under section 119(2) or (3A)), and (e) there is continuity in the property let. (2) For the purposes of subsection (1)(d), the new lease replaces another lease if— (a) the term of the new lease begins during the term of the other lease, and the new lease is granted in substitution of the other lease, or (b) the term of the new lease begins at the end of the term of the other lease (regardless of when the lease is granted). (3) For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where— (a) the new lease is granted by way of a surrender and regrant of the other lease (including a deemed surrender and regrant, whether deemed under an enactment or otherwise); (b) the new lease is granted under— (i) section 24 of the Landlord and Tenant Act 1954 (renewed business leases), (ii) section 14 of, or Schedule 1 to, the Leasehold Reform Act 1967 (extension of leases of houses), or (iii) section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (extension of leases of flats), in a case where that provision of that Act applies by virtue of the other lease. (4) For the purposes of subsection (1)(e) there is continuity in the property let if— (a) the newly let property is exactly the same as the already let property, (b) the newly let property consists of some or all of the already let property, together with other property (whether or not that other property was previously let) (a “property combination”), or (c) the newly let property consists of some, but not all, of the already let property (but no other property) (a “property reduction”). (5) But there is no continuity in the property let by virtue of a property reduction if, as respects any lease in the relevant chain of qualifying leases, there was continuity in the property let by virtue of a property combination. (6) For that purpose, the “relevant” chain of qualifying leases is the chain of qualifying leases of which the new lease would be part were it a connected replacement lease. (7) For the purposes of subsection (1)(e) there is also continuity in the property let if the new lease is granted to rectify any error in the lease, or any lease, which the new lease replaces. (8) Where a dwelling is at any time on or after 14 February 2022 let under two or more leases to which subsection (1)(a) and (b) apply, any of the leases which is superior to any of the other leases is not a connected replacement lease. (9) For the purposes of sections 122 to 125 and Schedule 8, all of the leases in a chain of qualifying leases are to be treated as a single qualifying lease which has a term that— (a) began when the term of the initial qualifying lease in that chain began, and (b) ends when the term of the current connected replacement lease in that chain ends. (10) The Secretary of State may by regulations make provision about the meaning of “connected replacement lease” (including provision changing the meaning). (11) The provision that may be made in regulations under this section includes— (a) provision which amends this section; (b) provision which has retrospective effect. (12) Provision in regulations under this section made by virtue of section 168(2)(a) (consequential provision etc) may (in particular) amend this Act. (13) In this section— “already let property”, in relation to a new lease, means the property let by the lease or leases which the new lease replaces; “chain of qualifying leases” means— an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”), the first replacement lease, and any other connected replacement lease if the preceding qualifying lease in relation to it is— the first replacement lease, or any other connected replacement lease which is in the chain of qualifying leases; and a chain of qualifying leases may accordingly consist of different leases at different times (if further connected replacement leases are granted); “current connected replacement lease”, in relation to a particular time, means a connected replacement lease during the term of which that time falls; “initial qualifying lease” means a lease which is a qualifying lease under section 119(2); “new lease” has the meaning given in subsection (1); “newly let property” means the property let by the new lease; “preceding qualifying lease”, in relation to the new lease, means— in a case within subsection (1)(d)(i), the lease which the new lease replaces; in a case within subsection (1)(d)(ii), a lease which— the new lease replaces, and is a qualifying lease. (14) The definitions in section 119(4) also apply for the purposes of this section. (4) In section 168(6)(a) (affirmative procedure for regulations), after “74,” insert “119A,”. (5) The amendments made by this section are to be treated as having come into force on 28 June 2022.

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