(1) The Secretary of State may give guidance about anything that could be done under or by virtue of this Chapter by an authority to whom this section applies.
(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 Chapter.
(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 Integrated Transport Authority;
(d) a combined authority;
(e) a CCA.
In this Chapter—
“associate member” has the meaning given by section 12(1);
“CCA” has the meaning given by section 9(1);
“combined authority” has the meaning given by section 9(5);
“constituent council” has the meaning given by section 10(11);
“deputy mayor” has the meaning given by section 29(7);
“economic prosperity board” has the meaning given by section 9(5);
“established mayoral strategic authority” means a mayoral CCA designated by the Secretary of State under section 25A;
“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;
“general functions” has the meaning given by section 30(2);
“Integrated Transport Authority” has the meaning given by section 9(5);
“local government area” has the meaning given by section 46(6);
“mayor”, in relation to the area of a CCA, means the mayor for the area of the CCA by virtue of regulations under section 27(1);
“mayoral CCA” has the meaning given by section 27(8);
“nominating body” means a body designated under section 11(1);
“non-constituent member” has the meaning given by section 11(3);
“non-mayoral CCA” means a CCA that is not a mayoral CCA;
“PCC functions” has the meaning given by section 33(3);
“two-tier county council” has the meaning given by section 9(5);
“unitary county council” has the meaning given by section 9(5);
“unitary district council” has the meaning given by section 9(5).
58 Review of combined authority’s constitutional arrangements
After section 104C of the Local Democracy, Economic Development and Construction Act 2009 (inserted by section 64(8)) insert—
Review of combined authority’s constitutional arrangements
104D (1) This section applies if an order under section 104(1) (constitution of combined authority) enables a combined authority to make provision about its constitution (“constitutional provision”).
(2) An appropriate person may carry out a review of the combined authority’s constitutional provision if—
(a) an appropriate person proposes a review, and
(b) the combined authority consents to the review.
(3) If an appropriate person carries out a review under subsection (2), they may propose changes to the combined authority’s constitutional provision as a result of the review for agreement by the authority.
(4) The question of whether to consent under subsection (2)(b) or to agree to changes proposed under subsection (3) 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) In the case of a mayoral combined authority—
(a) a majority in favour of consenting under subsection (2)(b) does not need to include the mayor, but
(b) a majority in favour of changes proposed under subsection (3) must include the mayor.
(6) The 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.
(7) Subsection (4) applies instead of—
(a) any provision of an order under section 104(1) made before the coming into force of this section which is about the procedure applying to a decision on a question of a kind mentioned in subsection (4), and
(b) any constitutional provision of a combined authority about such procedure.
(8) In this section “appropriate person”, in relation to a combined authority, means—
(a) a member of the authority appointed by a county council the whole or any part of whose area is within the area of the authority,
(b) a member of the authority appointed by a district council whose area is within the area of the authority, or
(c) the mayor for the area of the authority (if it is a mayoral combined authority).
59 Consent to changes to combined authority’s area
(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
(2) In section 104 (constitution of combined authority), after subsection (11) insert—
(11A) If the only provision made under this section in an order under this Part is provision as a result of an order under section 106 (changes to boundaries of combined authority’s area)—
(a) subsection (10) does not apply to the order under this Part, and
(b) subsections (3A) to (3H) of section 106 apply in relation to the order as if it contained the provision made by the order under section 106.
(3) Section 106 (changes to boundaries of combined authority’s area) is amended in accordance with subsections (4) to (9).
(4) For subsection (3A) substitute—
(3A) An order under this section adding or removing a local government area to or from an existing area of a mayoral combined authority may be made only if—
(a) the relevant council in relation to the local government area consents, and
(b) the mayor for the area of the combined authority consents.
(3AA) An order under this section adding or removing a local government area to or from an existing area of a combined authority which is not a mayoral combined authority may be made only if—
(a) the relevant council in relation to the local government area consents, and
(b) the combined authority consents.
(5) In subsection (3B), for “subsection (3A)(a)” substitute “subsections (3A)(a) and (3AA)(a)”.
(6) In subsection (3C), after “subsection (3A)(a)” insert “or (3AA)(a)”.
(7) After subsection (3C) insert—
(3CA) The question of whether to consent under subsection (3AA)(b) to an order under this section 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.
(3CB) Subsection (3CA) applies instead of—
(a) any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and
(b) any provision made by a combined authority about its constitution under such an order about such procedure.
(8) For subsection (3D) substitute—
(3D) Where an order under subsection (1)(b) is made as a result of the duty in section 105B(5) or 107B(4)—
(a) subsection (2) does not apply, and
(b) neither subsection (3A) nor subsection (3AA) applies.
(9) After subsection (3D) insert—
(3E) Subsection (3F) applies if a combined authority has made provision about its constitution under an order under section 104(1).
(3F) A decision about any change to that provision as a result of an order under this section 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.
(3G) Subsection (3F) applies instead of—
(a) any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and
(b) any provision made by a combined authority about its constitution under such an order about such procedure.
(3H) A reference in this section 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.
60 Changes to mayoral combined authority’s area: additional requirements
(1) An order under section 106 of the Local Democracy, Economic Development and Construction Act 2009 which adds a local government area to an existing area of a mayoral combined authority may only be made during the relevant period if the consultation requirements in subsection (2) are met.
(2) The consultation requirements are as follows—
(a) the Secretary of State has consulted the Local Government Boundary Commission for England,
(b) the mayor for the area of the combined authority has consulted the residents of the local government area which is to be added to that area, and
(c) the mayor has given the Secretary of State a report providing information about the consultation carried out under paragraph (b), and the Secretary of State has laid the report before Parliament.
(3) In this section, “the relevant period” means the period of 9 months beginning with the day on which this Act is passed.
61 Consent to conferral of general functions on mayor
(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
(2) In section 104 (constitution of combined authority), after subsection (11A) (inserted by section 59(2)) insert—
(11B) If the only provision made under this section in an order under this Part is provision as a result of an order to which section 107DA (procedure for direct conferral of general functions on mayor) applies—
(a) subsection (10) does not apply to the order under this Part, and
(b) the order may be made only with the consent of the mayor for the combined authority.
(3) In section 105B (section 105A orders: procedure), after subsection (5) insert—
(5A) The requirements in subsection (1) do not apply where the order is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—
(a) to be a function of the combined authority, and
(b) to be a function exercisable only by the mayor.
See section 107DA in relation to an order of this kind.
(4) In section 107D (functions of mayors: general), after subsection (10) insert—
(11) The requirement in subsection (9) does not apply where the order is made under section 105A and this section in relation to an existing mayoral combined authority and provides for a function—
(a) to be a function of the combined authority, and
(b) to be a function exercisable only by the mayor.
See section 107DA in relation to an order of this kind.
(5) After section 107D insert—
Procedure for direct conferral of general functions on mayor
107DA (1) This section applies in relation to an order which is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—
(a) to be a function of the combined authority, and
(b) to be a function exercisable only by the mayor.
(2) The Secretary of State may make the order only if a request for the making of the order has been made to the Secretary of State by the mayor.
(3) Before submitting a request under this section, the mayor must consult the constituent councils.
(4) A request under this section must contain—
(a) a statement by the mayor that all of the constituent councils agree to the making of the order, or
(b) if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.
(5) In this section “constituent council” means—
(a) a county council the whole or any part of whose area is within the area of the combined authority, or
(b) a district council whose area is within the area of the combined authority.
62 Consent to conferral of police and crime commissioner functions on mayor
(1) Section 107F of the Local Democracy, Economic Development and Construction Act 2009 (functions of mayors: policing) is amended as follows.
(2) For subsection (4) substitute—
(4) An order under subsection (1) may be made in relation to an existing mayoral combined authority only with the consent of the mayor of the authority.
(3) Omit subsection (9).
63 Functions in respect of key route network roads
(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
(2) In section 104, in subsection (10), for “An” substitute “Except as provided for by section 107ZA(7), an”.
(3) In section 107D, in subsection (9), for “An” substitute “Except as provided for by section 107ZA(7), an”.
(4) After section 107 insert—
Combined authorities: key route network roads
Designation of key route network roads
107ZA (1) A combined authority may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of—
(a) each constituent council in whose area the highway or proposed highway is, and
(b) in the case of a mayoral combined authority, the mayor.
(2) The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by—
(a) the combined authority,
(b) the mayor (if any) of the combined authority, or
(c) a constituent council.
(3) A designation or removal under this section must be in writing and must state when it comes into effect.
(4) The Secretary of State must send a copy of a designation or removal under subsection (2) to the combined authority in question at least 7 days before the date on which it comes into effect.
(5) A combined authority must publish each designation or removal under this section of a key route network road within its area before the date on which it comes into effect.
(6) A combined authority that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.
(7) The requirements in section 104(10) and section 107D(9)(a) do not apply to provision under section 104(1)(d) and section 107D(1) contained in the same instrument so far as that provision—
(a) confers a power of direction on an existing mayoral combined authority regarding the exercise of an eligible power in respect of key route network roads in the area of that combined authority,
(b) provides for that power of direction to be exercisable only by the mayor of the combined authority, and
(c) is made with the consent of the mayor after the mayor has consulted the constituent councils.
(8) When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—
(a) a statement by the mayor that all of the constituent councils agree to the making of the order, or
(b) if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.
(9) In this section—
“constituent council” has the meaning given in section 104(11);
“eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008;
“key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;
“proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.
(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
(2) Section 104 (constitution of combined authority) is amended in accordance with subsections (3) to (7).
(3) In subsection (2), for “85” substitute “85(1) to (3)”.
(4) For subsection (2A) substitute—
(2A) But—
(a) section 84 of that Act, in its application to a combined authority by virtue of subsection (1)(a), is subject to—
(i) sections 104A and 104B and regulations under section 104C (combined authority membership), and
(ii) sections 104D(4) and 106(3CA) and (3F) (procedure for combined authority consents), and
(b) section 85(1) of that Act, in its application to a combined authority by virtue of subsection (2), is subject to subsections (2AA) and (2B).
(5) After subsection (2A) insert—
(2AA) Section 85(1)(a) has effect as if it required an order which includes provision about the number and appointment of members of a combined authority to provide for the authority’s members, other than—
(a) the mayor (in the case of a mayoral combined authority),
(b) the authority’s non-constituent members (see section 104A), and
(c) the authority’s associate members (see section 104B),
to be appointed by the authority’s constituent councils.
(6) Omit subsection (2C).
(7) In subsection (11), for “subsection (10)” substitute “this section”.
(8) After section 104 insert—
Non-constituent members of a combined authority
104A (1) A combined authority may designate a body other than a constituent council as a nominating body for the purposes of this Part.
(2) A body may be designated under subsection (1) only if the body consents to the designation.
(3) A nominating body of a combined authority may nominate a representative of the body for appointment by the authority as a member (a “non-constituent member”).
(4) The non-constituent members of a combined authority are to be non-voting members of that authority unless the voting members resolve otherwise.
(5) A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the combined authority should consent to the making of an order under this Part.
(6) This section is subject to regulations under section 104C(4) (disapplication of this section).
(7) In this section “constituent council”, in relation to a combined authority, means—
(a) a county council the whole or any part of whose area is within the area of the authority, or
(b) a district council whose area is within the area of the authority.
Associate members of a combined authority
104B (1) A combined authority may appoint an individual to be a member (“an associate member”) of the combined authority.
(2) The associate members of a combined authority are to be non-voting members of the authority.
(3) This section is subject to regulations under section 104C(4) (disapplication of this section).
Regulations about members
104C (1) The Secretary of State may by regulations make provision about—
(a) constituent members of a combined authority;
(b) the mayor for the area of a combined authority in the mayor’s capacity as a member of the authority;
(c) nominating bodies of a combined authority;
(d) non-constituent members of a combined authority;
(e) associate members of a combined authority.
(2) The provision that may be made by regulations under subsection (1) includes, in particular, provision about—
(a) the cases in which a decision of a combined authority requires a majority, or a particular kind of majority, of the votes of members of a particular kind;
(b) the process for the designation of a nominating body or the removal of such a designation;
(c) the number of nominating bodies that may be designated by a combined authority;
(d) the number of non-constituent members that may be appointed by a combined authority;
(e) the appointment, disqualification, resignation or removal of a non-constituent member;
(f) the appointment of a substitute member to act in place of a non-constituent member;
(g) the maximum number of non-constituent members of a combined authority;
(h) the making by a nominating body of a combined authority of payments towards the costs of the authority;
(i) the things which may or may not be done by, or in relation to, a non-constituent member;
(j) the appointment, disqualification, resignation or removal of an associate member;
(k) the appointment of a substitute member to act in place of an associate member;
(l) the maximum number of associate members of a combined authority;
(m) the things which may or may not be done by, or in relation to, an associate member.
(3) Regulations under subsection (1) may confer a discretion on a combined authority to determine any matter.
(4) The Secretary of State may by regulations provide, in relation to a combined authority established by an order which came into force before the coming into force of this section—
(a) for the relevant provisions about membership not to apply in relation to the authority, or
(b) for the authority to determine whether the relevant provisions about membership are to apply in relation to the authority.
(5) In subsection (4) “the relevant provisions about membership” means—
(a) the amendments to section 104 made by section 64(2) to (7) of the Levelling-up and Regeneration Act 2023, and
(b) sections 104A and 104B.
(6) Regulations under subsection (1) or (4) may make incidental, supplementary, consequential, transitional, transitory or saving provision.
(7) In this section “constituent member”, in relation to a combined authority, means a member of the authority (other than any mayor for the area of the authority) appointed by—
(a) a county council the whole or any part of whose area is within the area of the authority, or
(b) a district council whose area is within the area of the authority.
(9) In section 105 (constitution of combined authority), after subsection (3) insert—
(3ZA) But section 92, in its application to a combined authority by virtue of subsection (3), is subject to regulations under section 104C(1) (combined authority membership).
(10) In section 107C (deputy mayors etc), after subsection (6) insert—
(6A) References in this section to a member of a combined authority do not include a non-constituent or associate member.
(11) In section 107D (functions of mayors: general)—
(a) after subsection (3) insert—
(3A) The reference in subsection (3)(b) to a member of a combined authority does not include a non-constituent or associate member.
, and
(b) after subsection (4) insert—
(4A) An order under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.
(12) In section 107G (mayors for combined authority areas: financial provision), after subsection (6) insert—
(6A) The reference in subsection (6)(b)(i) to a member of a combined authority does not include a non-constituent or associate member.
(13) In section 120 (interpretation), at the appropriate places insert—
“associate member” has the meaning given by section 104B(1);”,
;
“nominating body” means a body designated under section 104A(1);
, and
“non-constituent member” has the meaning given by section 104A(3);
.
65 Proposal for establishment of combined authority
(1) The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (8).
(2) Omit sections 108 (review by authorities: new combined authority) and 109 (preparation and publication of scheme: new combined authority).
(3) Before section 110 insert—
Proposal for new combined authority
109A (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
(b) have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.
(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.
(4) Section 110 (requirements in connection with establishment of combined authority) is amended in accordance with subsections (5) to (8).
(5) In subsection (1), for paragraph (a) substitute—
(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,
.
(6) For subsection (1A) substitute—
(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.
(7) In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) substitute—
(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
.
(8) Omit subsection (4).
(9) This section does not affect—
(a) the operation of section 108 of the Local Democracy, Economic Development and Construction Act 2009 in relation to a review that began before this section came into force, or
(b) the operation of section 109 of that Act in relation to the preparation and publication of a scheme following such a review.
(10) The amendments made by subsections (5) to (8) do not apply to section 110 of that Act as it has effect in relation to—
(a) the making of an order in response to a scheme under section 109 of that Act, or
(b) the making of an order otherwise than in response to a scheme, where a draft of the statutory instrument containing the order was laid before Parliament before the coming into force of this section.
66 Proposal for changes to existing combined arrangements
(1) The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (9).
(2) Omit sections 111 (review by authorities: existing combined authority) and 112 (preparation and publication of scheme: existing combined authority).
(3) Before section 113 insert—
Proposal for changes to existing combined arrangements
112A (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 in relation to an existing combined authority, and
(b) submit the proposal to the Secretary of State.
(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
(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 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.
(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).
(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.
(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.
(4) Section 113 (requirements in connection with changes to existing combined arrangements) is amended in accordance with subsections (5) to (9).
(5) In subsection (1), for “106 or 107” substitute “105A, 106, 107, 107A, 107D or 107F”.
(6) In subsection (1), for paragraph (a) (and the “and” at the end of that paragraph) substitute—
(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
.
(7) For subsection (1A) substitute—
(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.
(8) In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) substitute—
(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
.
(9) Omit subsection (3).
(10) This section does not affect—
(a) the operation of section 111 of the Local Democracy, Economic Development and Construction Act 2009 in relation to a review that began before this section came into force, or
(b) the operation of section 112 of that Act in relation to the preparation and publication of a scheme following such a review.
(11) The amendments made by subsections (5) to (9) do not apply to section 113 of that Act as it has effect in relation to—
(a) the making of an order in response to a scheme under section 112 of that Act, or
(b) the making of an order otherwise than in response to a scheme, where a draft of the statutory instrument containing the order was laid before Parliament before the coming into force of this section.
(12) The requirement to consult under section 113(2) of the Local Democracy, Economic Development and Construction Act 2009, as amended by this section, may be satisfied by consultation before (as well as after) the passing of this Act.
67 Consequential amendments relating to section 65 and 66
(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
(2) In section 105B (section 105A orders: procedure)—
(a) in subsection (1)—
(i) in paragraph (a), for “by the appropriate authorities,” substitute
—
(i) as part of a proposal under section 109A, or
(ii) in accordance with section 112A,
, and
(ii) in paragraph (b), for the words from “the exercise” to the end of the paragraph substitute “the economic, social and environmental well-being of some or all of the people who live or work in the area or areas to which the order relates”, and
(b) omit subsection (11).
(3) In section 107B (requirements in connection with orders under section 107A)—
(a) in subsection (1), for “by the appropriate authorities,” substitute
—
(a) as part of a proposal under section 109A, or
(b) in accordance with section 112A,
, and
(b) omit subsection (2).
(4) The amendments made by this section do not affect the operation of section 105B or 107B of the Local Democracy, Economic Development and Construction Act 2009 in relation to a proposal under that section made before the coming into force of this section.
(1) Section 117 of the Local Democracy, Economic Development and Construction Act 2009 (orders under Part 6) is amended as follows.
(2) In the heading, after “Orders” insert “and regulations”.
(3) In subsection (1), after “Orders” insert “and regulations”.
(4) In subsection (1A), after “An order” insert “or regulations”.
(5) After subsection (3) insert—
(3A) A statutory instrument that contains (whether alone or with any other provisions) regulations under section 104C(1), 104C(4), or 107K(1) 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.
(6) In subsection (4), after “Part” insert “or of regulations under section 104C(1) or (4)”.
69 Combined authorities and combined county authorities: power to borrow
In section 23 of the Local Government Act 2003 (meaning of “local authority” for the purposes of Part 1), after subsection (10) insert—
(10A) If a draft of a statutory instrument containing regulations under subsection (5) or (8A) 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 such an instrument.
(1) In Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009 (combined authorities: overview and scrutiny committees and audit committees)—
(a) in paragraph 3(2) (power by order to make further provision about overview and scrutiny committees), after paragraph (a) insert—
(aa) about the payment of allowances to members of such a committee who are members of a constituent council;
, and
(b) in paragraph 4(3) (power by order to make further provision about audit committees), after paragraph (b) insert—
(c) the payment of allowances to members of the committee who are members of a constituent council (within the meaning of paragraph 3).
(2) In Schedule 5C to that Act (mayors for combined authority areas: police and crime commissioner functions), after paragraph 5 insert—
5A The Secretary of State may by order make provision about the payment of allowances to members of a police and crime panel established by virtue of an order under paragraph 4 who are members of a constituent council (within the meaning of paragraph 3 of Schedule 5A).
(1) The Local Government Act 2000 is amended as follows.
(2) In section 9KC (resolution of local authority)—
(a) in subsection (4)—
(i) the words from “Resolution B is approved” to the end of the subsection become paragraph (a), and
(ii) at the end of that paragraph insert
, or
(b) subsection (4A) applies and Resolution B is passed in accordance with subsection (4E).
, and
(b) after subsection (4) insert—
(4A) This subsection applies where Resolution B—
(a) makes a change in governance arrangements—
(i) under section 9K for the local authority to start to operate executive arrangements, or
(ii) under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive, and
(b) has not been approved in a referendum held in accordance with this Chapter.
(4B) Where subsection (4A) applies, the local authority may submit a proposal to the Secretary of State for consent to pass Resolution B before the end of the period of 5 years beginning with the date Resolution A is passed.
(4C) A proposal must specify—
(a) the change in governance arrangements to be made by Resolution B, and
(b) how the change 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 of the local authority.
(4D) The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements 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 of the local authority.
(4E) If the Secretary of State consents to a proposal, the local authority may pass Resolution B—
(a) before the end of the 5 year period beginning with the date Resolution A is passed, but
(b) not later than the end of the 3 year period beginning with the date consent is given.
(4F) The Secretary of State may by regulations make further provision about—
(a) the matters which must be addressed by a proposal under this section, and
(b) how a proposal is to be considered by the Secretary of State.
(3) In section 9MF (further provision with respect to referendums)—
(a) in subsection (1)—
(i) the words from “subsection (2)” to the end of the subsection become paragraph (a), and
(ii) at the end of that paragraph insert
, or
(b) subsection (3A) applies and Referendum B is held in accordance with subsection (3E).
, and
(b) after subsection (3) insert—
(3A) This subsection applies if Referendum B is held under section 9M to approve a change in governance arrangements—
(a) under section 9K for the local authority to start to operate executive arrangements, or
(b) under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive.
(3B) Where subsection (3A) applies, the local authority may submit a proposal to the Secretary of State for consent to hold Referendum B within the period of 10 years beginning with the date of Referendum A.
(3C) A proposal must specify—
(a) the change in governance arrangements that is subject to approval in Referendum B, and
(b) how the change 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 of the local authority.
(3D) The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements 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 of the local authority.
(3E) If the Secretary of State consents to a proposal, the local authority may hold Referendum B—
(a) within the 10 year period beginning with the date of Referendum A, but
(b) not later than the end of the 3 year period beginning with the date consent is given.
(3F) The Secretary of State may by regulations make further provision about—
(a) the matters which must be addressed by a proposal under this section, and
(b) how a proposal is to be considered by the Secretary of State.
72 Transfer of functions: changes in governance arrangements
(1) The Local Government Act 2000 is amended in accordance with subsections (2) to (5).
(2) In section 9KC (resolution of local authority), after subsection (5) insert—
(6) See sections 9NC and 9ND (transfer of functions: changes in governance arrangements) for further provision about when a resolution under this section may be passed.
(3) In section 9MB (requirement to hold and give effect to referendum)—
(a) in subsection (4)—
(i) the words from “within the period” to the end of the subsection become paragraph (a), and
(ii) at the end of that paragraph insert
, or
(b) where paragraph (b) of section 9ND(7) (transfer of functions: changes in governance arrangements) applies, within the period of 28 days beginning with the day when the regulations mentioned in that subsection are amended or revoked.
, and
(b) after subsection (5) insert—
(6) See section 9ND for further provision about referendums under section 9M.
(4) In section 9MF (further provision with respect to referendums), after subsection (6) insert—
(7) See section 9ND (transfer of functions: changes in governance arrangements) for further provision about referendums under section 9MC.
(5) After section 9NB insert—
Transfer of functions: changes in governance arrangements
Transfer of functions: changes in governance arrangements not subject to a referendum
9NC (1) This section applies where—
(a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,
(b) the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and
(c) that change is not—
(i) subject to approval in a referendum under section 9M, or
(ii) required to be implemented by the local authority in accordance with section 9MF(4) (referendums under sections 9MC to 9ME).
(2) The local authority may not pass the resolution unless the local authority complies with this section.
(3) The local authority must notify the Secretary of State of the proposed change in governance arrangements.
(4) Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).
(5) The Secretary of State must notify the local authority of the decision under subsection (4).
(6) If the Secretary of State considers that the regulations should be amended or revoked, the local authority may not pass the resolution until the regulations have been so amended or revoked.
(7) If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may pass the resolution.
(8) In this section—
“function” has the same meaning as in section 16 of the Cities and Local Government Devolution Act 2016;
“relevant change in governance arrangements” means—
a change under section 9K for the local authority to cease to operate executive arrangements, or
a change under section 9KA for the local authority to vary its executive arrangements so that they provide for a leader and cabinet executive.
(9) This section is subject to section 9KC(3) and (4) (timing of change in governance arrangements).
Transfer of functions: changes in governance arrangements subject to a referendum
9ND (1) This section applies where—
(a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,
(b) the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and
(c) that change is subject to approval in a referendum under section 9M.
(2) This section also applies where—
(a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 that provide for a function to be exercisable by a local authority, and
(b) the local authority is required by regulations under section 9MC (referendum following petition) to hold a referendum on whether the authority should make a relevant change in governance arrangements.
(3) The local authority may not—
(a) hold the referendum mentioned in subsection (1)(c) or (2)(b), or
(b) pass a resolution which makes the proposed change in governance arrangements,
unless the local authority complies with this section.
(4) The local authority must notify the Secretary of State of the proposed change in governance arrangements.
(5) Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) or (2)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).
(6) The Secretary of State must notify the local authority of the decision under subsection (5).
(7) If the Secretary of State considers that the regulations should be amended or revoked—
(a) the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b), but
(b) if the result of the referendum is to approve the proposals, the local authority may not pass a resolution which makes the proposed change in governance arrangements until the regulations have been so amended or revoked.
(8) If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b) and (if the result of the referendum is to approve the proposals) pass the resolution.
(9) In this section “function” and “relevant change in governance arrangements” have the same meaning as in section 9NC.
(10) This section is subject to sections 9KC(3) and (4), 9MB and 9MF (timing of change in governance arrangements etc).
(6) In section 17 of the Cities and Local Government Devolution Act 2016 (section 16: procedure etc)—
(a) in subsection (1)—
(i) omit the “and” at the end of paragraph (a), and
(ii) after paragraph (b) insert
, and
(c) where subsection (4A) applies to the regulations, the Secretary of State has had regard to the matters in subsection (4B).
, and
(b) after subsection (4) insert—
(4A) This subsection applies to regulations under section 16 that—
(a) revoke or otherwise amend previous regulations under that section, and
(b) are made in response to a notification from a local authority under section 9NC(3) or 9ND(4) of the Local Government Act 2000 (transfer of functions: changes in governance arrangements) of a proposed change in governance arrangements.
(4B) The matters mentioned in subsection (1)(c) are—
(a) the circumstances of the area of the local authority, and
(b) the likely impact of the change in governance arrangements on—
(i) the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority, and
(ii) the accountability and decision-making of the local authority.
73 Power to transfer etc public authority functions to certain local authorities
In section 17 of the Cities and Local Government Devolution Act 2016 (procedure for making regulations under section 16)—
(a) in subsection (1)(b), for “the exercise of statutory functions” substitute “the economic, social and environmental well-being of some or all of the people who live or work”, and
(b) before subsection (5) insert—
(4C) The requirement in subsection (1)(b) does not apply to the making of regulations under section 16 where subsection (4A) applies to those regulations.
74 Participation of police and crime commissioners at certain local authority committees
In section 102(9) of the Local Government Act 1972 (appointment of committees), for “to which the commissioner is appointed in accordance with this section”, substitute “described in subsection (6)”.
76 Combined authorities: alternative mayoral titles
After section 107G of the Local Democracy, Economic Development and Construction Act 2009 insert—
Alternative mayoral titles: new mayoral combined authorities
107H (1) This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force on or after the date on which this section comes into force.
(2) At the first meeting of the authority after the order made under section 107A comes into force, the authority must, by a resolution in accordance with subsection (4)—
(a) provide that the mayor for the area of the authority is to be known by the title of mayor, or
(b) change the title by which the mayor for the area of the authority is to be known to an alternative title mentioned in subsection (3).
(3) The alternative titles are—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(4) The following requirements must be met in relation to the resolution mentioned in subsection (2)—
(a) particulars of the resolution must be included in the notice of the meeting,
(b) where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
(c) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(5) Subsections (6) and (7) apply where under this section a mayoral combined authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.
(6) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(7) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
(b) references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.
(8) A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(9) In this section a reference to a member of a combined authority does not include a non-constituent member.
(10) In this section “enactment”—
(a) includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but
(b) does not include this section or sections 107I and 107J.
Alternative mayoral titles: existing mayoral combined authorities
107I (1) This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force before the date on which this section comes into force.
(2) The authority may, by a resolution in accordance with subsection (3), change the title by which the mayor for the area of the authority is to be known to one of the following alternative titles—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(3) The following requirements must be met in relation to the resolution—
(a) the resolution must be considered at the first meeting of the authority held after a qualifying election for the return of the mayor,
(b) particulars of the resolution must be included in the notice of the meeting,
(c) where the resolution includes a proposed alternative title mentioned in subsection (2)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (2), and
(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(4) Subsections (5) and (6) apply where under this section a mayoral combined authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.
(5) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(6) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
(b) references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.
(7) A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(8) In this section a reference to a member of a combined authority does not include a non-constituent member.
(9) In this section—
“enactment” has the same meaning as in section 107H;
“qualifying election” means an election for the return of the mayor, other than—
the first election for the return of the mayor, and
an election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office.
(10) This section is subject to section 107J.
Alternative mayoral titles: further changes
107J (1) This section applies where a mayoral combined authority has—
(a) by a resolution under section 107H or 107I or by a previous resolution under this section, changed the title by which the mayor for the area of the authority is to be known to an alternative title,
(b) by a resolution under section 107H, provided that the mayor for the area of the authority is to be known by the title of mayor, or
(c) by a previous resolution under this section, provided that the mayor for the area of the authority is no longer to be known by an alternative title.
(2) The authority may, by a resolution in accordance with subsection (4)—
(a) in a subsection (1)(a) case—
(i) provide that the mayor is no longer to be known by the alternative title, or
(ii) change the title by which the mayor is to be known to an alternative title mentioned in subsection (3);
(b) in a subsection (1)(b) or (c) case, change the title by which the mayor is to be known to an alternative title mentioned in subsection (3).
(3) The alternative titles are—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(4) The following requirements must be met in relation to the resolution mentioned in subsection (2)—
(a) the resolution must be considered at a relevant meeting of the authority,
(b) particulars of the resolution must be included in the notice of the meeting,
(c) where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(5) In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.
(6) Where under this section an authority provides that the mayor for the area of the authority is no longer to be known by an alternative title, the authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(7) Subsections (8) and (9) apply where under this section an authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.
(8) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(9) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
(b) references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.
(10) A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(11) Where a combined authority to which section 107H applies does not pass a resolution as required by subsection (2) of that section, the authority is to be treated for the purposes of this section as if, at the meeting mentioned in that subsection, it had passed the resolution mentioned in section 107H(2)(a) (providing that the mayor is to be known by the title of mayor).
(12) In this section a reference to a member of a combined authority does not include a non-constituent member.
(13) In this section—
“enactment” has the same meaning as in section 107H;
“qualifying election” has the same meaning as in section 107I.
Power to amend list of alternative titles
107K (1) The Secretary of State may by regulations amend section 107H(3), 107I(2) or 107J(3) to add, modify or remove a reference to an alternative title or a description of an alternative title.
(2) Regulations under subsection (1) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to section 107H, 107I or 107J.
77 Local authorities in England: alternative mayoral titles
(1) The Local Government Act 2000 is amended as follows.
(2) After section 9HE insert—
Alternative mayoral titles
9HF (1) A local authority within subsection (8) may, by a resolution in accordance with subsection (2), change the title by which the elected mayor of the authority is to be known to one of the following alternative titles—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(2) The following requirements must be met in relation to the resolution—
(a) the resolution must be considered at a relevant meeting of the authority,
(b) particulars of the resolution must be included in the notice of the meeting,
(c) where the resolution includes a proposed alternative title mentioned in subsection (1)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (1), and
(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(3) In subsection (2)(a) “relevant meeting” means—
(a) in the case of a local authority within subsection (8)(a), the first meeting of the authority held after a qualifying election for the return of the elected mayor,
(b) in the case of a local authority within subsection (8)(b), the meeting of the authority at which the resolution under section 9KC (resolution of local authority) is passed, and
(c) in the case of a local authority within subsection (8)(c), the first meeting of the authority held after the referendum mentioned in section 9N is held.
(4) Subsections (5) and (6) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.
(5) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(6) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and
(b) references to mayor, mayoral and deputy mayor are to be construed accordingly.
(7) A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(8) A local authority is within this subsection if—
(a) it operates a mayor and cabinet executive,
(b) it passes a resolution in accordance with section 9KC (resolution of local authority) to make a change in governance arrangements which provides for the authority to operate a mayor and cabinet executive, or
(c) it holds a referendum by virtue of an order under section 9N (referendum on change to mayor and cabinet executive) and the proposal for the authority to operate a mayor and cabinet executive is approved in that referendum.
(9) The Secretary of State may by regulations amend subsection (1) to add, modify or remove a reference to an alternative title or a description of an alternative title.
(10) In this section—
“enactment”—
includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but
does not include this section or section 9HG;
“qualifying election” means an election for the return of the elected mayor, other than—
the first election for the return of the elected mayor, and
an election caused by a vacancy in the office of the elected mayor occurring before expiry of the elected mayor’s term of office.
(11) This section is subject to section 9HG.
Alternative mayoral titles: further changes
9HG (1) This section applies where a local authority has—
(a) by a resolution under section 9HF or by a previous resolution under this section, changed the title by which the elected mayor of the authority is to be known to an alternative title, or
(b) by a previous resolution under this section, provided that the elected mayor of the authority is no longer to be known by an alternative title.
(2) The authority may, by a resolution in accordance with subsection (4)—
(a) in a subsection (1)(a) case—
(i) provide that the elected mayor is no longer to be known by the alternative title, or
(ii) change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3);
(b) in a subsection (1)(b) case, change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3).
(3) The alternative titles are—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(4) The following requirements must be met in relation to the resolution mentioned in subsection (2)—
(a) the resolution must be considered at a relevant meeting of the authority,
(b) particulars of the resolution must be included in the notice of the meeting,
(c) where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(5) In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the elected mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.
(6) Where under this section a local authority provides that the elected mayor of the authority is no longer to be known by an alternative title, the authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(7) Subsections (8) and (9) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.
(8) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(9) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and
(b) references to mayor, mayoral and deputy mayor are to be construed accordingly.
(10) A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(11) The Secretary of State may by regulations amend subsection (3) to add, modify or remove a reference to an alternative title or a description of an alternative title.
(12) In this section “enactment” and “qualifying election” have the same meaning as in section 9HF.
(3) In section 105(6) (orders and regulations), after “9HE,” insert “9HF(9), 9HG(11),”.
(1) The Local Government Act 2003 is amended as follows.
(2) After section 12 (power to invest) insert—
Risk management: England
Risk-mitigation directions
12A (1) The Secretary of State may give one or more risk-mitigation directions to a local authority in England, for the purpose of reducing or mitigating the financial risk to the authority, if—
(a) a trigger event has occurred in relation to the local authority, and
(b) the Secretary of State is satisfied that the direction is, or (as the case may be) directions are, appropriate and proportionate to the level of that financial risk.
(2) A “trigger event” occurs if (and when)—
(a) a risk threshold is breached by the local authority (see section 12B);
(b) a report is made by the chief finance officer of the local authority under section 114(3) of the Local Government Finance Act 1988 (report to effect that authority’s expenditure is likely to exceed available resources); or
(c) the Secretary of State—
(i) gives a direction under section 16(2)(b) (request for expenditure to be, or not be, treated as capital) in respect of the local authority, or
(ii) makes a grant to the local authority under an enactment,
for the purpose of preventing circumstances arising that would require such a report to be made.
(3) The following are “risk-mitigation directions”—
(a) a direction that sets limits in relation to the borrowing of money by the local authority;
(b) a direction that requires the local authority to take action specified in the direction.
(4) A direction under subsection (3)(a)—
(a) may set different limits in relation to different kinds of borrowing;
(b) must specify the period for which any limit has effect.
(5) A direction under subsection (3)(b)—
(a) may (amongst other things) require the local authority to take action to divest itself of a specified asset;
(b) must specify the time by which any specified action must be taken.
(6) In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State must have regard to—
(a) the likely impact of the direction on the provision of services to the public by or on behalf of the local authority;
(b) the duty imposed on the local authority by section 3(1) of the Local Government Act 1999 (best value duty).
(7) In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State may, in particular, take account of the likely impact of that decision on the implementation of any central government policy, project or programme.
(8) The Secretary of State may not give a risk-mitigation direction unless the Secretary of State—
(a) has given the local authority notice of the proposed direction, and of the right of the local authority to make written representations to the Secretary of State about it within the period specified in the notice, and
(b) has considered any representations made by the local authority to the Secretary of State within that period.
(9) In this section, “financial risk”, in relation to a local authority, means the risk that the expenditure of the local authority (including expenditure it proposes to incur) in the current or any future financial year is likely to exceed, or further exceed, the resources (including sums borrowed) available to it to meet that expenditure.
(10) This section is subject to section 12C (restriction of power to give risk-mitigation directions).
Risk thresholds
12B (1) For the purposes of section 12A(2)(a), a risk threshold is breached by a local authority in England if (and when) a capital risk metric for the local authority breaches the specified threshold for that metric.
(2) Each of the following is a “capital risk metric”—
(a) the total of a local authority’s debt (including credit arrangements) as compared to the financial resources at the disposal of the authority;
(b) the proportion of the total of a local authority’s capital assets which is investments made, or held, wholly or mainly in order to generate financial return;
(c) the proportion of the total of a local authority’s debt (including credit arrangements) in relation to which the counter-party is not central government or a local authority;
(d) the amount of minimum revenue provision charged by a local authority to a revenue account for a financial year;
(e) any other metric specified by regulations made by the Secretary of State.
(3) The Secretary of State may, by regulations, make further provision—
(a) specifying whether the specified threshold for a particular metric is breached by a failure to reach that threshold or by that threshold being exceeded;
(b) about how the metrics specified in, or under, subsection (2) are to be calculated for the purpose of determining whether the specified threshold for that metric has been breached.
(4) Before making regulations under subsection (2)(e), the Secretary of State must consult all local authorities in England.
(5) In this section—
“capital asset” has the meaning given by section 9;
“minimum revenue provision” has the meaning given by regulation 27 of the Local Authorities (Capital Finance and Accounting)(England) Regulations 2003 (S.I. 2003/3146);
“specified” means specified, or determined in a manner specified, in regulations made by the Secretary of State.
(6) Regulations may require a specified threshold to be determined having regard to guidance issued under section 21(1A) (accounting practices).
Restriction of power to give risk-mitigation directions
12C (1) If, after the power to give risk-mitigation directions becomes exercisable under section 12A(1) in relation to a local authority—
(a) at least 12 months have elapsed since the Secretary of State last became aware of a trigger event having occurred in relation to the authority,
(b) any risk-mitigation direction given to the authority has been complied with or revoked, and
(c) the Secretary of State is satisfied no further risk-mitigation direction is likely to be required in the foreseeable future for the purpose of reducing or mitigating the financial risk to the authority,
the Secretary of State must give the local authority a notice to that effect (“a cessation notice”).
(2) Where a cessation notice is given, the power conferred by section 12A(1) is no longer exercisable, in relation to that authority, by reason of any trigger event of which the Secretary of State was aware at the time that notice was given.
(3) In this section “risk-mitigation direction”, “trigger event” and “financial risk” have the same meaning as in section 12A.
Duty to cooperate with independent expert
12D (1) This section applies where—
(a) a trigger event has occurred in relation to a local authority in England,
(b) section 12C(2) does not apply to prevent the power conferred by section 12A(1) being exercisable, in relation to that authority, by reason of that event, and
(c) the Secretary of State has appointed an independent expert to review the level of the financial risk to the local authority.
(2) The local authority must, so far as reasonably practicable, co-operate with the independent expert in any way that the independent expert considers necessary or expedient for the purposes of the conduct of the review.
(3) In this section—
“financial risk” has the same meaning as in section 12A;
“independent expert” means a person—
who is independent of the local authority and the Secretary of State, and
who has relevant experience or knowledge which is relevant to the matter in question;
“trigger event” has the same meaning as in section 12A.
(3) In section 2 (control of borrowing), in subsection (1)—
(a) after paragraph (b) insert “, or”, and
(b) after that paragraph insert—
(c) any limit for the time being applicable to it under section 12A.
(4) In section 5 (temporary borrowing)—
(a) in subsection (1), after “section 4” insert “or 12A”, and
(b) in subsection (2), after “section 4(2)” insert “or 12A”.
(5) In section 8 (control of credit arrangements), in subsection (1)—
(a) after paragraph (b) insert “, or”, and
(b) after that paragraph insert—
(c) any limit for the time being applicable to it under section 12A.
(6) In section 12 (power to invest), at the end insert—
This is subject to a direction under section 12A (risk-mitigation directions).
(7) In section 19 (application to parish and community councils), in subsection (1) for “9 to 13” substitute “9 to 12, 13”.
(8) In section 23 (meaning of “local authority” in Chapter 3 of Part 1), in subsection (4), after “1 to 8,” insert “12A to 12D,”.
(1) In section 11B of the Local Government Finance Act 1992 (higher amount for long-term empty dwellings: England)—
(a) after subsection (1C) insert—
(1D) In exercising its functions under this section a billing authority must have regard to any guidance issued by the Secretary of State.
;
(b) in subsection (8), for “2 years” substitute “1 year”.
(2) The amendments made by subsection (1) have effect for financial years beginning on or after 1 April 2024 (and, in relation to the amendment made by subsection (1)(b), it does not matter whether the period mentioned in section 11B(8) of the Local Government Finance Act 1992 begins before this section comes into force).
(1) The Local Government Finance Act 1992 is amended in accordance with subsections (2) and (3).
(2) After section 11B (higher amount for long-term empty dwellings: England) insert—
Higher amount for dwellings occupied periodically: England
11C (1) For any financial year, a billing authority in England may by determination provide in relation to its area, or such part of its area as it may specify in the determination, that if on any day the conditions mentioned in subsection (2) are satisfied in respect of a dwelling—
(a) the discount under section 11(2)(a) does not apply, and
(b) the amount of council tax payable in respect of that dwelling and that day is increased by such percentage of not more than 100 as it may specify in the determination.
(2) The conditions are—
(a) there is no resident of the dwelling, and
(b) the dwelling is substantially furnished.
(3) A billing authority’s first determination under this section must be made at least one year before the beginning of the financial year to which it relates.
(4) In exercising its functions under this section a billing authority must have regard to any guidance issued by the Secretary of State.
(5) Where a determination under this section has effect in relation to a class of dwellings—
(a) the billing authority may not make a determination under section 11A(3), (4) or (4A) in relation to that class, and
(b) any determination that has been made under section 11A(3), (4) or (4A) ceases to have effect in relation to that class.
(6) A billing authority may make a determination varying or revoking a determination under this section for a financial year, but only before the beginning of the year.
(7) Where a billing authority makes a determination under this section it must publish a notice of the determination in at least one newspaper circulating in the area.
(8) The notice must be published before the end of the period of 21 days beginning with the date of the determination.
(9) The validity of the determination is not affected by a failure to comply with subsection (7) or (8).
Section 11C: regulations
11D (1) The Secretary of State may by regulations prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under section 11C.
(2) A class of dwellings may be prescribed under subsection (1) by reference to such factors as the Secretary of State thinks fit and may, amongst other factors, be prescribed by reference to—
(a) the physical characteristics of, or other matters relating to, dwellings;
(b) the circumstances of, or other matters relating to, any person who is liable to the amount of council tax concerned.
(3) The Secretary of State may by regulations specify a different percentage limit for the limit which is for the time being specified in section 11C(1)(b).
(4) A statutory instrument containing regulations made under subsection (3) may not be made unless a draft of the instrument has been approved by resolution of the House of Commons.
(3) In consequence of the amendment made by subsection (2)—
(a) in section 11 (discounts), in subsection (2), after “11B” insert “, 11C”;
(b) in section 11A (discounts: special provision for England), in subsection (4C), at the end insert “and 11C(5)”;
(c) in section 13 (reduced amounts), in subsection (3), after “11B” insert “, 11C”;
(d) in section 66 (judicial review), in subsection (2)(b), after “11B” insert “, 11C”;
(e) in section 67 (functions to be discharged only by authority), in subsection (2)(a), after “11B insert “, 11C”;
(f) in section 113 (orders and regulations), in subsection (3), after “under section” insert “11D(3),”;
(g) in Schedule 2 (administration), in paragraph 4(7), after “: England),” insert “11C(1)(b) (higher amount for dwellings occupied periodically: England),”.
(4) A determination for the purposes of section 11C of the Local Government Finance Act 1992 as inserted by subsection (2) may not relate to a financial year beginning before 1 April 2024 (but this does not affect the requirement for the determination to be made at least one year before the beginning of the financial year to which it relates).
(1) In this section “local authority” means—
(a) a district council in England;
(b) a county council in England for an area for which there is no district council;
(c) a London borough council;
(d) the Common Council of the City of London.
(2) A local authority within subsection (1)(a) or (b) may, by order, alter the name of a street, or any part of a street, in its area if the alteration has the necessary support.
(3) Where a local authority has altered the name of a street, or any part of a street, under subsection (2), it may cause the altered name to be painted or otherwise marked on a conspicuous part of any building or other erection.
(4) Any person who then wilfully, and without the consent of the local authority, obliterates, defaces, obscures, removes or alters the altered name painted or otherwise marked under subsection (3) is liable to a penalty not exceeding level 1 on the standard scale.
(5) A local authority within subsection (1)(c) or (d) may exercise the power conferred by section 6(1) of the London Building Acts (Amendment) Act 1939 (assigning of names to streets etc) to make an order altering the name of a street, or any part of a street, in its area only if the alteration has the necessary support.
(6) An alteration has the necessary support for the purposes of this section only if—
(a) it has sufficient local support, and
(b) where it is an alteration of a specified kind, it has any other support specified as a pre-condition for alterations of that kind.
(7) Regulations may provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified in the regulations.
(8) Regulations under subsection (7) may (amongst other things)—
(a) make provision enabling a referendum to be held by a local authority, on a question determined by it in accordance with the regulations, for the purposes of establishing whether an alteration has sufficient local support, including provision about the conduct and timing of a referendum and who is entitled to vote;
(b) provide that, where a local authority holds a referendum in accordance with regulations made by virtue of paragraph (a), the alteration may not be made unless one or both of the following apply—
(i) a specified percentage or number of those entitled to vote in the referendum exercise that right;
(ii) a specified majority of those who vote indicate their support for the alteration;
(c) provide that, where a local authority has run a process (“the first process”) for the purposes of this section which failed to establish that an alteration of the name of a street (or a part of a street) had sufficient local support, the local authority may not run another such process within a specified period in respect of—
(i) if the first process related to the name of a whole street, an alteration of the name of the same street or any part of it;
(ii) if the first process related to the name of a part of a street (“the original part”), an alteration of the name of the whole street, of the original part or of any other part which includes some or all of the original part.
(9) A local authority must have regard to any guidance published by the Secretary of State about—
(a) the things to be done before a local authority decides to take steps to establish if an alteration has the necessary support for the purposes of this section;
(b) the exercise of other functions conferred on a local authority by or under this section.
(10) No local Act operates to enable a local authority within subsection (1)(a) or (b) to alter the name of a street, or part of a street, in its area.
(11) In this section—
“regulations” means regulations made by the Secretary of State;
“specified” means specified in regulations;
“street” has the meaning given by section 48(1) of the New Roads and Street Works Act 1991.
(12) Schedule 5 contains amendments which are consequential on this section.
After section 19 of the Local Government Act 1894 (provisions as to small parishes), insert—
Powers under other enactments
19A (1) Nothing in this Part affects any powers, duties or liabilities conferred on a parish council by or under any other enactment (whenever passed or made).
(2) This section does not apply in relation to community councils (see section 179(4) of the Local Government Act 1972).
83 The Common Council of the City of London: removal of voting restrictions
(1) In section 618 of the Housing Act 1985 (the Common Council of the City of London), omit subsections (3) and (4).
(2) In section 224 of the Housing Act 1996 (the Common Council of the City of London), omit subsections (3) and (4).
84 Power in relation to the processing of planning data
(1) Regulations made by an appropriate authority under this Chapter (“planning data regulations”) may make provision requiring a relevant planning authority, in processing such of its planning data as is specified or described in the regulations, to comply with any approved data standards which are applicable.
(2) “Planning data”, in relation to a relevant planning authority, means any information which is provided to, or processed by, the authority—
(a) for the purposes of a function under a relevant planning enactment, or
(b) for any other purpose relating to planning or development in England.
(3) “Approved data standards”, in relation to planning data, are such written standards, containing technical specifications or other requirements in relation to the data, or in relation to providing or processing the data, as may be published by an appropriate authority from time to time.
(4) A devolved authority may only publish approved data standards in relation to planning data about which the devolved authority acting alone could make planning data regulations.
85 Power in relation to the provision of planning data
(1) A relevant planning authority may by publishing a notice require a person, or persons of a particular description, in providing to the authority such planning data as is specified or described in planning data regulations, to provide the data—
(a) in any form and manner, or
(b) in a particular form and manner,
which complies with any approved data standards which are applicable.
(2) A relevant planning authority may not impose a requirement under subsection (1)—
(a) on the Crown,
(b) on a court or tribunal, or
(c) in relation to the provision of planning data for the purposes of, or in contemplation of, legal proceedings before a court or tribunal.
(3) If a relevant planning authority imposes a requirement under subsection (1) on a person, provision in a relevant planning enactment does not apply to the extent that it requires or permits the person to provide the planning data to the authority in a form or manner which is inconsistent with the requirement imposed under subsection (1).
(4) Subsections (5) to (7) apply if—
(a) in providing planning data to a relevant planning authority, a person fails to comply with a requirement imposed under subsection (1), and
(b) the authority does not consider that the person has a reasonable excuse for the failure.
(5) The authority may serve a notice on the person rejecting for such purposes as may be specified in the notice—
(a) all or any part of the planning data, and
(b) if the authority considers it appropriate to do so, any other information provided with the planning data or any document in or with which the planning data is provided.
(6) Any planning data, other information or document rejected under subsection (5) is to be treated as not having been provided to the authority for the purposes specified in the notice.
(7) If the planning data, other information or document is subsequently provided to the authority in a form and manner which complies with the requirement under subsection (1), the authority may treat the planning data, other information or document as having been provided at the time that it would have been provided had it not been rejected under subsection (5).
(8) Planning data regulations may include provision about how the powers in this section are to be exercised, including provision about—
(a) the provision or publication of notices or other documents;
(b) the form and content of notices or other documents (and, for these purposes, the regulations may confer a discretion on a relevant planning authority);
(c) time limits;
(d) any other procedural matters.
86 Power to require certain planning data to be made publicly available
(1) Planning data regulations may make provision requiring a relevant planning authority to make such of its planning data as is specified or described in the regulations available to the public under an approved open licence.
(2) The power under subsection (1) does not include power to require a relevant planning authority to make planning data available in breach of—
(a) any obligation of confidence owed by the authority, or
(b) any other restriction on making the planning data available (however imposed).
(3) An “approved open licence”, in relation to a planning authority’s planning data, means a licence—
(a) which sets out terms and conditions under which the planning data may be used by the public free of charge, and
(b) which is in such form and has such content as is, for the time being, specified or described in a document published by the Secretary of State.
89 Requirements to consult devolved administrations
(1) The Secretary of State may only make planning data regulations which contain provision—
(a) within Scottish devolved legislative competence, or
(b) which could be made by the Scottish Ministers,
with the consent of the Scottish Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
(2) The Secretary of State may only make planning data regulations which contain provision that confers a function on, or modifies or removes a function of, the Scottish Ministers after consulting the Scottish Ministers, unless—
(a) that provision is contained in regulations which require the consent of the Scottish Ministers by virtue of subsection (1), or
(b) that provision is merely incidental to, or consequential on, provision that would be outside Scottish devolved legislative competence.
(3) Provision is “within Scottish devolved legislative competence” where, if the provision were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament.
(4) The Secretary of State may only make planning data regulations which contain provision within Welsh devolved legislative competence with the consent of the Welsh Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
(5) The Secretary of State may only make planning data regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless—
(a) that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (4), or
(b) that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.
(6) “Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
(7) Provision is “within Welsh devolved legislative competence” where, if the provision were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown).
(8) The Secretary of State may only make planning data regulations which contain provision within Northern Ireland devolved legislative competence with the consent of the relevant Northern Ireland department, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
(9) The Secretary of State may only make planning data regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—
(a) that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (8), or
(b) that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.
(10) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.
(11) Provision is within “Northern Ireland devolved legislative competence” where the provision—
(a) would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and
(b) would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.
(12) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
In this Chapter—
“appropriate authority” means—
the Secretary of State,
a devolved authority, or
the Secretary of State acting jointly with one or more devolved authorities;
“approved data standards” has the meaning given in section 84(3);
“devolved authority” means—
the Scottish Ministers,
the Welsh Ministers, or
a Northern Ireland department;
“planning data” has the meaning given in section 84(2);
“planning data regulations” has the meaning give in section 84(1);
“planning data software” has the meaning given in section 87(2);
“process”, in relation to information, means to perform an operation or set of operations on information, or on sets of information, such as—
collection, recording, organisation, structuring or storage,
adaptation or alteration,
retrieval, consultation or use,
disclosure by transmission, dissemination or otherwise making available,
alignment or combination, or
restriction, erasure or destruction;
“provided” includes submitted, issued, served, notified and published (and related expressions are to be construed accordingly);
“public authority” means any person certain of whose functions are of a public nature;
“relevant planning authority” means—
a local planning authority (within the meaning given in section 15LH of PCPA 2004),
a minerals and waste planning authority (within the meaning given in section 15LH of PCPA 2004),
a hazardous substances authority (within the meaning given in the Hazardous Substances Act) in relation to land in England,
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,
a combined county authority established under section 9 of this Act,
the Greater London Authority,
the Mayor of London,
a Mayoral development corporation in relation to which a decision of the Mayor under any of subsections (2) to (5) of section 202 of the Localism Act 2011 has effect,
an urban development corporation established, for an area in England, under section 135 of the Local Government, Planning and Land Act 1980,
a development corporation established, in relation to a site in England, under section 3 of the New Towns Act 1981,
the Secretary of State when exercising a function under a relevant planning enactment,
a Panel or person who, pursuant to a decision of the Secretary of State under section 61(2) of the Planning Act 2008, is to handle an application for an order granting development consent,
a public authority that has functions under Part 6 of this Act, or
any other public authority prescribed by planning data regulations that has functions relating to—
planning or development in England, or
nationally significant infrastructure projects (within the meaning given in the Planning Act 2008);
“relevant planning enactment” means any enactment comprised in or made under—
the Local Government, Planning and Land Act 1980, so far as relating to planning or development in England,
the New Towns Act 1981, so far as relating to planning or development in England,
TCPA 1990,
the Listed Buildings Act,
the Hazardous Substances Act,
the Planning (Consequential Provisions) Act 1990,
Part 8 of GLAA 1999,
PCPA 2004,
the Planning Act 2008,
the Localism Act 2011, so far as relating to planning or development in England,
this Part or Part 4 or 6 of this Act, or
any other enactment prescribed by planning data regulations to the extent that it confers functions on a public authority relating to—
planning or development in England, or
nationally significant infrastructure projects (within the meaning given in the Planning Act 2008).
(1) Section 38 of PCPA 2004 (development plan) is amended as follows.
(2) In subsection (1), for “(2)” substitute “(2A)”.
(3) For subsections (2) and (3) substitute—
(2A) For the purposes of any area in England the development plan is—
(a) each spatial development strategy that is operative in relation to that area,
(b) each local plan which has effect in relation to that area,
(c) each minerals and waste plan which has effect in relation to that area,
(d) each supplementary plan which has effect in relation to that area,
(e) each neighbourhood development plan which has been made in relation to that area, and
(f) each policies map for that area.
(4) For subsection (9) substitute—
(9A) In subsection (2A)—
(a) “spatial development strategy”, “local plan”, “minerals and waste plan” and “supplementary plan” have the same meaning as in Part 2 (see, in particular, section 15LH), and
(b) policies map must be construed in accordance with section 15LD.
94 National development management policies: meaning
After section 38 of PCPA 2004 insert—
Meaning of “national development management policy”
38ZA (1) A “national development management policy” is a policy (however expressed) of the Secretary of State in relation to the development or use of land in England, or any part of England, which the Secretary of State by direction designates as a national development management policy.
(2) The Secretary of State may—
(a) revoke a direction under subsection (1);
(b) modify a national development management policy.
(3) The Secretary of State must have regard to the need to mitigate, and adapt to, climate change—
(a) in preparing a policy which is to be designated as a national development management policy, or
(b) in modifying a national development management policy.
(4) Before making or revoking a direction under subsection (1), or modifying a national development management policy, the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons as the Secretary of State thinks appropriate takes place.
(5) The only cases in which no consultation or participation need take place under subsection (4) are those where the Secretary of State thinks that none is appropriate because—
(a) a proposed modification of a national development management policy does not materially affect the policy or only corrects an obvious error or omission, or
(b) it is necessary, or expedient, for the Secretary of State to act urgently.
Schedule 7 contains provision for, and in connection with, joint spatial development strategies, local plans, minerals and waste plans and supplementary plans.
(1) Section 38B of PCPA 2004 (provision that may be made by neighbourhood development plans) is amended as follows.
(2) Before subsection (1) insert—
(A1) A neighbourhood development plan may include—
(a) policies (however expressed) in relation to the amount, type and location of, and timetable for, development in the neighbourhood area in the period for which the plan has effect;
(b) other policies (however expressed) in relation to the use or development of land in the neighbourhood area which are designed to achieve objectives that relate to the particular characteristics or circumstances of that area, any part of that area or one or more specific sites in that area;
(c) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with the policies, included in the plan under paragraph (a) or (b), would give rise;
(d) requirements with respect to design that relate to development, or development of a particular description, throughout the neighbourhood area, in any part of that area or at one or more specific sites in that area, which the qualifying body considers should be met for planning permission for the development to be granted.
(3) After subsection (2A) insert—
(2B) So far as the qualifying body considers appropriate, having regard to the subject matter of the neighbourhood development plan, the plan must—
(a) be designed to secure that the development and use of land in the neighbourhood area contribute to the mitigation of, and adaptation to, climate change, and
(b) take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to all or part of the neighbourhood area, including in particular—
(i) the areas identified in the strategy as areas which—
(A) are, or could become, of particular importance for biodiversity, or
(B) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,
(ii) the priorities set out in the strategy for recovering or enhancing biodiversity, and
(iii) the proposals set out in the strategy as to potential measures relating to those priorities.
(2C) The neighbourhood development plan must not—
(a) include anything that is not permitted or required by or under subsections (A1) to (2A) or regulations under subsection (4), or
(b) be inconsistent with or (in substance) repeat any national development management policy.
(4) In subsection (4)(b), after “requiring” insert “or permitting”.
99 Neighbourhood development plans and orders: basic conditions
(1) In paragraph 8(2) of Schedule 4B to TCPA 1990 (basic conditions for making neighbourhood development order or neighbourhood plan)—
(a) for paragraph (e) substitute—
(ea) the making of the order would not have the effect of preventing development from taking place which—
(i) is proposed in the development plan for the area of the authority (or any part of that area), and
(ii) if it took place, would provide housing,
;
(b) after paragraph (f) (but before the “and” at the end of that paragraph) insert—
(fa) any requirements imposed in relation to the order by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with,
.
(2) In section 38C(5) of PCPA 2004 (neighbourhood development plans: modifications of Schedule 4B to TCPA 1990), in paragraph (d), for the words from “if” to the end substitute
if—
(i) sub-paragraphs (2)(b) and (c) were omitted,
(ii) in sub-paragraph (2), for paragraph (ea) there were substituted—
(ea) the making of the neighbourhood development plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the neighbourhood development plan were not to be made,
, and
(iii) sub-paragraphs (3) to (5) were omitted.
(3) In paragraph 11(2) of Schedule A2 to PCPA 2004 (modification of neighbourhood development plans: basic conditions)—
(a) for paragraph (c) substitute—
(ca) the making of the plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the draft plan were not to be made,
;
(b) after paragraph (d) (but before the “and” at the end of that paragraph) insert—
(da) any requirements imposed in relation to the plan by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with,
.
100 Requirement to assist with certain plan making
In Part 3 of PCPA 2004 (development), after section 39 (sustainable development) insert—
Assistance with certain parts of development plan etc
Power to require assistance with certain plan making
39A (1) Subsection (2) applies if a plan-making authority notifies a prescribed public body in writing that the authority requires the body, under this section, to assist the authority in relation to the preparation or revision of a relevant plan by the authority.
(2) The prescribed public body must do everything that the plan-making authority reasonably requires of the body to assist the authority in relation to the preparation or revision of the relevant plan.
(3) The Secretary of State may by regulations make provision as to—
(a) what a plan-making authority must, may or may not require a prescribed public body to do under subsection (2);
(b) the procedure to be followed in doing anything under this section;
(c) the determination of the time by or at which anything must be done under this section;
(d) the form and content of a notification under subsection (1) or of any other document or information provided under this section.
(4) A “plan-making authority” is a body which, or other person who, is to prepare or revise (whether acting alone or jointly) a relevant plan.
(5) Each of the following is a “relevant plan”—
(a) a local plan, a minerals and waste plan, a supplementary plan or policies map under Part 2;
(b) a spatial development strategy under Part 8 of the Greater London Authority Act 1999 or Part 2 of this Act;
(c) an infrastructure delivery strategy under Part 10A of the Planning Act 2008;
(d) a marine plan under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions.
(6) A “prescribed public body” is a body which, or other person who, is prescribed or of a prescribed description and certain of whose functions are of a public nature.
(7) References in this section to the preparation or revision of a relevant plan include any activities that could reasonably be considered to prepare the way for the preparation or revision of the plan.
(8) In this section—
“the English inshore region” and “the English offshore region” have the same meaning as in the Marine and Coastal Access Act 2009;
“revision”, in relation to a relevant plan, includes any alteration, amendment, replacement or other modification (and related expressions are to be read accordingly).