Cities and Local Government Devolution Act 2016

(102E) (1) The Secretary of State may by regulations establish a sub-national transport body for any area in England outside Greater London. (2) In this Part— (a) “STB” means a sub-national transport body established under this section, and (b) references to the area of an STB are to the area in England for which the STB is established. (3) Regulations under this section must specify— (a) the name by which the STB is to be known, and (b) the area of the STB. (4) The area of an STB must consist of the whole of the area of two or more relevant authorities (whether or not of the same kind). (5) Each of the following is a “relevant authority” for the purposes of this Part— (a) a combined authority; (b) an ITA; (c) a county council that comes within subsection (6); (d) a unitary district council that comes within that subsection; (e) the Council of the Isles of Scilly. (6) A council comes within this subsection if no part of its area forms part of— (a) the area of a combined authority, or (b) an integrated transport area. (7) An STB is to be established as a body corporate. (102F) (1) Regulations under section 102E may be made establishing an STB for an area only if the Secretary of State considers that— (a) its establishment would facilitate the development and implementation of transport strategies for the area, and (b) the objective of economic growth in the area would be furthered by the development and implementation of such strategies. (2) The reference in subsection (1)(a) to “transport strategies”, in relation to the area of an STB, is a reference to strategies for improving— (a) the exercise of transport functions in the area (whether or not exercisable by the STB), and (b) the effectiveness and efficiency of transport to, from or within the area. (3) Regulations under section 102E establishing an STB for an area may be made only if— (a) the constituent authorities have together made a proposal to the Secretary of State for there to be an STB for the area, and (b) those authorities consent to the making of the regulations. (4) For the purposes of this Part, the constituent authorities of an STB are every relevant authority whose area is within the area, or proposed area, of the STB. (5) Before making a proposal under this section the constituent authorities must consult— (a) each appropriate authority (if it is not a constituent authority), and (b) any other persons whom the constituent authorities consider it is appropriate to consult. (6) The Secretary of State may require the constituent authorities to consult any other persons (not already consulted under subsection (5)(b)) whom the Secretary of State considers should be consulted in connection with a proposal under this section. (7) For the purposes of subsection (5), each of the following is an “appropriate authority” if any part of the authority's area adjoins the area of the proposed STB— (a) a combined authority; (b) an ITA; (c) Transport for London; (d) a county council; (e) a unitary district council; (f) a London borough council. (102G) (1) The Secretary of State may by regulations make provision about the constitutional arrangements in relation to an STB. (2) “Constitutional arrangements”, in relation to an STB, include arrangements in respect of— (a) the membership of the STB (including the number and appointment of members of the STB), (b) the voting powers of members of the STB (including provision for different weight to be given to the vote of different descriptions of member), (c) the executive arrangements of the STB, and (d) the functions of any executive body of the STB. (3) Regulations made by virtue of subsection (2)(a) which include provision about the number and appointment of members of the STB must provide— (a) for the members of the STB to be appointed by the STB's constituent authorities, and (b) for those members to be appointed from among the elected members of the constituent authorities. (4) Regulations made by virtue of subsection (2)(a) may provide for persons, who are not elected members of the constituent authorities, to be appointed as co-opted members of an STB; but such regulations must provide (by virtue of subsection (2)(b)) for those co-opted members to be non-voting members of the STB. (5) The voting members of an STB may resolve that provision made in accordance with subsection (4) is not to apply (generally or in relation to particular matters) in the case of the STB. (6) In subsection (2)(c) “executive arrangements” means— (a) the appointment of an executive; (b) the functions of the STB which are the responsibility of an executive; (c) the functions of the STB which are the responsibility of an executive and which may be discharged by a committee of the STB, by an officer of the STB or by a body other than the STB; (d) arrangements relating to the review and scrutiny of the discharge of functions; (e) access to information on the proceedings of an executive of the STB; (f) the keeping of a record of any arrangements relating to the STB and falling within any of paragraphs (a) to (e). (7) The provision which may be made by regulations by virtue of subsection (2)(d) includes— (a) provision setting up or dissolving an executive body of an STB, or merging two or more executive bodies of an STB; (b) provision conferring functions on, or removing functions from, an executive body of an STB; (c) provision transferring functions of an STB to an executive body of the STB, and transferring functions of an executive body of an STB to the STB. (8) Regulations under this section may authorise an STB to delegate any of its functions to one or more of its constituent authorities (and any such delegation may be made subject to conditions or limitations). (9) Regulations under this section may not provide for the budget of an STB to be agreed otherwise than by the STB. (10) For the purposes of subsections (3) and (4), the “elected members” of a constituent authority— (a) in the case of a combined authority, are the mayor for the area of the combined authority (if there is one) and those members of the authority who are appointed from among the elected members of the authority's constituent councils (see section 85(1)(b) above as applied by section 104(2) of the Local Democracy, Economic Development and Construction Act 2009); (b) in the case of an ITA, are those members of the ITA who are appointed from among the elected members of the ITA's constituent councils (see section 85(1)(b) above); (c) in the case of a county council, a unitary district council or the Council of the Isles of Scilly, are the elected members of the council. (102H) (1) The Secretary of State may by regulations provide for an STB to have any of the following functions in relation to its area— (a) to prepare a transport strategy for the area (see section 102I); (b) to provide advice to the Secretary of State about the exercise of transport functions in relation to the area (whether exercisable by the Secretary of State or others); (c) to co-ordinate the carrying out of transport functions in relation to the area that are exercisable by different constituent authorities, with a view to improving the effectiveness and efficiency in the carrying out of those functions; (d) if the STB considers that a transport function in relation to the area would more effectively and efficiently be carried out by the STB, to make proposals to the Secretary of State for the transfer of that function to the STB; (e) to make other proposals to the Secretary of State about the role and functions of the STB. (2) The Secretary of State may by regulations provide for an STB to have other functions of a description set out in the regulations. (3) Regulations under subsection (2) may be made only for functions to be exercisable in relation to the area of the STB that— (a) relate to transport, (b) the Secretary of State considers can appropriately be exercised by the STB, and (c) are not already exercisable in relation to that area by a local authority or a public authority (see instead sections 102J and 102K respectively for a power to transfer such functions to an STB). (4) The Secretary of State may by regulations make further provision about how an STB is to carry out functions that it has under or by virtue of this Part. (5) Regulations under this section in relation to an existing STB may be made only with the consent of the STB. (6) Nothing in this section limits the power of the Secretary of State to confer other functions on an STB under this Part. (102I) (1) The transport strategy of an STB is a document containing the STB's proposals for the promotion and encouragement of sustainable, safe, integrated, efficient and economic transport facilities and services to, from and within the area of the STB. (2) The transport facilities and services mentioned in subsection (1) are— (a) those required to meet the needs of persons (including pedestrians) living or working in, or visiting, the area of the STB, and (b) those required for the transportation of freight. (3) An STB may include in its transport strategy any other proposals it considers appropriate that relate to transport to, from or within its area. (4) An STB must publish its transport strategy. (5) If an STB revises its transport strategy, the STB must publish the strategy as revised. (6) In preparing or revising its transport strategy an STB must carry out a public consultation. (7) In carrying out a public consultation under subsection (6), the STB must ensure that such of the following persons as the STB considers appropriate (taking into account the proposals to be contained in the strategy) have a reasonable opportunity to respond to the consultation— (a) the Secretary of State; (b) a combined authority; (c) another STB; (d) an ITA; (e) a Passenger Transport Executive; (f) Transport for London; (g) a person to whom a licence is granted under section 8 of the Railways Act 1993 (licences authorising persons to be operator of railway assets); (h) Highways England Company Limited; (i) a local highway authority (within the meaning of the Highways Act 1980); (j) a county council in England; (k) a unitary district council; (l) a London borough council. (8) In preparing or revising its transport strategy an STB must (among other matters) have regard to— (a) the promotion of economic growth in its area, (b) the social and environmental impacts in connection with the implementation of the proposals contained in the strategy, (c) any current national policy relating to transport that has been published by or on behalf of Her Majesty's Government, and (d) the results of the public consultation mentioned in subsection (6). (9) The Secretary of State must have regard to proposals contained in the transport strategy of an STB that appear to the Secretary of State to further the objective of economic growth in the area of the STB in determining— (a) national policies relating to transport (so far as relevant in relation to such proposals), and (b) how such policies are to be implemented in relation to the area of the STB. (10) The constituent authorities of an STB must exercise transport functions with a view to securing the implementation of the proposals contained in the STB's transport strategy. (11) In this Part “transport strategy”, in relation to an STB, means the transport strategy prepared or revised by an STB under this section by virtue of the function in section 102H(1)(a). (102J) (1) The Secretary of State may by regulations provide for functions that are exercisable by a local authority in an area that is, or is to become, the area of an STB to be exercisable by the STB. (2) Regulations under this section may be made— (a) only in relation to functions that relate to transport, and (b) only if the Secretary of State considers that the function can appropriately be exercised by the STB. (3) For the purposes of subsection (2)(a), regulations under this section may be made in respect of a function that relates both to transport and to other matters only so far as the function is exercisable in relation to transport. (4) Regulations under this section may make provision for a function to be exercisable by the STB either generally or subject to such conditions or limitations as may be specified in the regulations. (5) Regulations under this section may make provision— (a) for a function to be exercisable by the STB instead of by the local authority, or (b) for a function to be exercisable by the STB concurrently with the local authority. (6) Regulations under this section may be made only with the consent of— (a) the local authority concerned, and (b) in the case of regulations made in relation to an existing STB, the STB. (7) In this section “local authority” means— (a) a combined authority; (b) an ITA; (c) a Passenger Transport Executive; (d) a county council in England; (e) a unitary district council; (f) the Council of the Isles of Scilly. (102K) (1) The Secretary of State may by regulations provide for functions that are exercisable by a public authority in relation to an area that is, or is to become, the area of an STB to be exercisable by the STB. (2) Regulations under this section may be made— (a) only in relation to functions that relate to transport, and (b) only if the Secretary of State considers that the function can appropriately be exercised by the STB. (3) For the purposes of subsection (2)(a), regulations under this section may be made in respect of a function that relates both to transport and to other matters only so far as the function is exercisable in relation to transport. (4) Regulations under this section may make provision for a function to be exercisable by the STB either generally or subject to such conditions or limitations as may be specified in the regulations. (5) Regulations under this section may make provision— (a) for a function to be exercisable by the STB instead of by the public authority, or (b) for a function to be exercisable by the STB jointly with the public authority. (6) Regulations under this section in relation to an existing STB may be made only with the consent of the STB. (7) In this section— - “function” does not include a power to make regulations or other instruments of a legislative character; - “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; - “public authority”— 1. includes a Minister of the Crown or a government department; 2. does not include a local authority as defined by section 102J. (102L) (1) The Secretary of State may pay grants to STBs to cover expenditure incurred in the carrying out of their functions. (2) Grants may be paid under this section subject to any conditions the Secretary of State thinks appropriate (including conditions as to repayment). (3) The Secretary of State may by regulations make provision— (a) for the constituent authorities of an STB to contribute to its costs, and (b) about the basis on which the amount payable by each constituent authority is to be determined. (102M) (1) An STB may do— (a) anything it considers appropriate for the purposes of the carrying out of any of its functions (its “functional purposes”), (b) anything it considers appropriate for purposes incidental (whether directly or indirectly) to its functional purposes, (c) anything it considers to be connected with— (i) any of its functions, or (ii) anything it may do under paragraph (a) or (b), and (d) for a commercial purpose, anything which it may do under any of paragraphs (a) to (c) otherwise than for a commercial purpose. (2) Where subsection (1) confers power on an STB to do something, it confers power (subject to section 102N) to do it anywhere in the United Kingdom or elsewhere. (3) Power conferred on an STB by subsection (1) is in addition to, and is not limited by, the other powers of the STB. (4) Where an STB has an executive body established by virtue of section 102G, the STB may delegate to that body its function of taking action under subsection (1) (but not the function of determining what action to take). (102N) (1) Section 102M(1) does not enable an STB to do anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply— (a) to its power under section 102M(1), (b) to all of its powers, or (c) to all of its powers but with exceptions that do not include its power under section 102M(1). (2) Section 102M(1) does not authorise an STB to borrow money. (3) Section 102M(1)(a) to (c) do not authorise an STB to charge a person for anything it does otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of STBs and other best value authorities to charge for discretionary services)). (4) Section 102M(1)(d) does not authorise an STB to do things for a commercial purpose in relation to a person if a statutory provision requires the STB to do those things in relation to the person. (5) Where under section 102M(1)(d) an STB does things for a commercial purpose, it must do them through— (a) a company within the meaning given by section 1(1) of the Companies Act 2006, or (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014. (6) In this section— - “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that— 1. is contained in an Act passed after the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or 2. is contained in an instrument made under an Act and comes into force on or after the commencement of section 21 of that 2016 Act; - “statutory provision” means a provision of an Act or of an instrument made under an Act. (102O) (1) The Secretary of State may by regulations make provision preventing an STB from doing under section 102M(1) anything which is specified, or is of a description specified, in the regulations. (2) The Secretary of State may by regulations provide for the exercise by STBs of the power conferred by section 102M(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations. (3) Before making regulations under subsection (1) or (2) the Secretary of State must consult— (a) such representatives of STBs, (b) such representatives of local government, and (c) such other persons (if any), as the Secretary of State considers appropriate. (4) Subsection (3) does not apply to regulations under subsection (1) or (2) which are made only for the purpose of amending earlier such regulations— (a) so as to extend the earlier regulations, or any provision of the earlier regulations, to a particular STB or to STBs of a particular description, or (b) so that the earlier regulations, or any provision of the earlier regulations, cease to apply to a particular STB or to STBs of a particular description. (102P) (1) The Secretary of State may by regulations confer on an STB a power to give directions to a constituent authority about the exercise of transport functions by the authority in the area of the STB. (2) The power to give a direction by virtue of subsection (1) about the exercise of a function extends only so far as the exercise of the function is relevant to the implementation of the STB's transport strategy. (3) Regulations under this section conferring a power to direct may include provision— (a) for the power to be given generally or subject to conditions or limitations; (b) for the power to apply to all transport functions or only to those functions specified or described in the regulations; (c) about the manner in which directions are to be given; (d) about the consequences arising if there is a contravention of a direction. (4) Provision under subsection (3)(d) may include provision enabling the STB— (a) to take any steps it considers appropriate to reverse or modify the effect of a constituent authority exercising a transport function in contravention of the direction, and (b) to recover any reasonable expenses incurred in taking those steps as a civil debt from the constituent authority. (102Q) (1) The Secretary of State may by regulations change the boundaries of the area of an STB by— (a) adding the area of a relevant authority to an existing area of an STB, or (b) removing the area of a constituent authority from an existing area of an STB. (2) Regulations under this section may be made— (a) only if the constituent authorities have together made a proposal to the Secretary of State for the boundaries to be changed in the manner that would be provided for in the regulations; (b) in the case of regulations under subsection (1)(a), only if the relevant authority whose area would be added to the area of the STB joins in the making of the proposal; (c) in the case of regulations under subsection (1)(b), only if the resulting area of the STB meets the condition in section 102E(4). (3) Regulations under this section changing the boundaries of the area of an STB may be made only if the Secretary of State considers that paragraphs (a) and (b) of section 102F(1) would apply in relation to the area as varied by the regulations. (4) Regulations under this section may be made only with the consent of— (a) the STB, and (b) in the case of regulations under subsection (1)(a), the relevant authority whose area would be added to the area of the STB. (102R) (1) An STB may change its name by a resolution in accordance with this section. (2) The resolution must be considered at a meeting of the STB that is specially convened for the purpose. (3) Particulars of the resolution must be included in the notice of the meeting. (4) The resolution must be passed at the meeting by not less than two-thirds of the members of the STB who vote on it. (5) An STB which changes it name under this section must— (a) send notice of the change to the Secretary of State, and (b) publish the notice in such manner as the Secretary of State may direct. (6) A change of name under this section does not affect the rights or obligations of the STB or any other person, or render defective any legal proceedings. (7) Any legal proceedings may be commenced or continued as if there had been no change of name. (102S) (1) The Secretary of State may by regulations make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, regulations under this Part or for giving full effect to such regulations. (2) Regulations under this Part may make different provision for different STBs or otherwise for different purposes. (3) The provision which may be included by virtue of this section in regulations includes provision for the transfer under the regulations of property, rights and liabilities. (4) The provision which may be included by virtue of subsection (3) in regulations includes provision— (a) for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred under the regulations; (b) for the management or custody of transferred property; (c) for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement. (5) The provision which may be included by virtue of this section in regulations includes provision amending, modifying, repealing or revoking any enactment, whenever passed or made. (6) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978). (102T) (1) Regulations under this Part must be made by statutory instrument. (2) A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3) At the same time as laying a draft of a statutory instrument containing regulations under this Part before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations. (4) Subsections (2) and (3) do not apply to a statutory instrument that contains regulations only of the following kinds— (a) regulations under section 102J that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time; (b) regulations under section 102J that make provision under subsection (5)(b) of that section; (c) regulations under section 102K that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time; (d) regulations under section 102K that make provision under subsection (5)(b) of that section; (e) regulations under section 102O(1) that make provision for the purpose mentioned in section 102O(4)(b); (f) regulations under section 102O(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose. (5) A statutory instrument to which subsections (2) and (3) do not apply is subject to annulment by resolution of either House of Parliament. (6) If a draft of regulations under this Part would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (102U) In this Part— - “combined authority” means a body established as a combined authority under section 103 of the Local Democracy, Economic Development and Construction Act 2009; - “constituent authority”, in relation to an STB, has the meaning given by section 102F(4); - “ITA” means an Integrated Transport Authority for an integrated transport area in England; - “Passenger Transport Executive” means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968; - “relevant authority” has the meaning given by section 102E(5); - “STB” has the meaning given by section 102E(2); - “transport functions” means any statutory functions relating to transport; - “transport strategy” has the meaning given by section 102I(11); - “unitary district council” means a district council whose area is not part of the area of a county council.

National Park authorities

English National Park authorities: general powers

22

After section 65 of the Environment Act 1995 insert—

(65A) (1) An English National Park authority may do— (a) anything it considers appropriate for the purposes of the carrying out of any of its functions (its “functional purposes”), (b) anything it considers appropriate for purposes incidental (whether directly or indirectly) to its functional purposes, (c) anything it considers to be connected with— (i) any of its functions, or (ii) anything it may do under paragraph (a) or (b), and (d) for a commercial purpose, anything which it may do under any of paragraphs (a) to (c) otherwise than for a commercial purpose. (2) Where subsection (1) confers power on an English National Park authority to do something, it confers power (subject to section 65B) to do it anywhere in the United Kingdom or elsewhere. (3) Power conferred on an English National Park authority by subsection (1) is in addition to, and is not limited by, the other powers of the authority. (4) In this section, and in sections 65B and 65C, “English National Park authority” means a National Park authority for a National Park in England. (65B) (1) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a pre-commencement limitation. (2) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply— (a) to its power under section 65A(1), (b) to all of its powers, or (c) to all of its powers but with exceptions that do not include its power under section 65A(1). (3) If exercise of a pre-commencement power of an English National Park authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 65A(1) so far as that power is overlapped by the pre-commencement power. (4) Section 65A(1) does not authorise an English National Park authority to borrow money. (5) Section 65A(1)(a) to (c) do not authorise an English National Park authority to charge a person for anything it does otherwise than for a commercial purpose. (6) Section 65A(1)(d) does not authorise an English National Park authority to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person. (7) Where under section 65A(1)(d) an English National Park authority does things for a commercial purpose, it must do them through— (a) a company within the meaning given by section 1(1) of the Companies Act 2006, or (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014. (8) In this section— - “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that— 1. is contained in an Act passed after the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or 2. is contained in an instrument made under an Act and comes into force on or after the commencement of section 22 of that 2016 Act; - “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that— 1. is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or 2. is contained in an instrument made under an Act and comes into force before the commencement of section 22 of that 2016 Act; - “pre-commencement power” means power conferred by a statutory provision that— 1. is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or 2. is contained in an instrument made under an Act and comes into force before the commencement of section 22 of that 2016 Act; - “statutory provision” means a provision of an Act or of an instrument made under an Act. (65C) (1) The Secretary of State may by regulations make provision preventing an English National Park authority from doing under section 65A(1) anything which is specified, or is of a description specified, in the regulations. (2) The Secretary of State may by regulations provide for the exercise by English National Park authorities of the power conferred by section 65A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations. (3) Before making regulations under subsection (1) or (2) the Secretary of State must consult— (a) such representatives of English National Park authorities, and (b) such other persons (if any), as the Secretary of State considers appropriate. (4) Subsection (3) does not apply to regulations under subsection (1) or (2) which are made only for the purpose of amending earlier such regulations— (a) so as to extend the earlier regulations, or any provision of the earlier regulations, to English National Park authorities, or (b) so that the earlier regulations, or any provision of the earlier regulations, cease to apply English National Park authorities. (65D) (1) The power to make regulations under section 65C— (a) is exercisable by statutory instrument; (b) includes power to make different provision for different purposes; (c) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision; (d) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before the Cities and Local Government Devolution Act 2016 or in the same Session as that Act. (2) A statutory instrument containing regulations under section 65C may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3) Subsection (2) does not apply to a statutory instrument that contains regulations only of the following kind— (a) regulations under section 65C(1) that make provision for the purpose mentioned in section 65C(4)(b); (b) regulations under section 65C(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose; (c) regulations made by virtue of subsection (1)(c) that do not contain provision amending or repealing a provision of an Act. (4) A statutory instrument to which subsection (2) does not apply is subject to annulment by resolution of either House of Parliament. (5) If a draft of regulations under section 65C would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

Final provisions

Minor and consequential amendments

23

• (1) Schedule 5 contains minor and consequential amendments.

• (2) The Secretary of State may by regulations make provision that is consequential on any provision of, or made under, this Act.

• (3) The power to make regulations under this section—

• (a) is exercisable by statutory instrument;

• (b) includes power to make transitional, transitory or saving provision;

• (c) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before this Act or in the same Session.

• (4) A statutory instrument containing regulations under this section that amend or repeal any provision of an Act (whether alone or with other provision) may be made only if a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

• (5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

24

This Act extends to England and Wales only.

Commencement

25

• (1) This section, and sections 24 and 26, come into force on the day on which this Act is passed.

• (2) The other provisions of this Act—

• (a) so far as is necessary for the purpose of enabling the exercise, on or after the day on which this Act is passed, of any power to make provision by order or regulations made by statutory instrument, come into force on the day on which this Act is passed, and

• (b) come into force for remaining purposes, at the end of the period of two months beginning with the day on which this Act is passed.

• (3) The Secretary of State may by regulations make saving, transitory or transitional provision in connection with the coming into force of any provision of this Act.

• (4) Regulations under this section—

• (a) are to be made by statutory instrument;

• (b) may make different provision for different purposes.

Short title

26

This Act may be cited as the Cities and Local Government Devolution Act 2016.

SCHEDULE 1

This is the Schedule to be inserted after Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009—

SCHEDULE 2

This is the Schedule to be inserted as Schedule 5C to the Local Democracy, Economic Development and Construction Act 2009—

SCHEDULE 3

This is the Schedule to be inserted as Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009—

SCHEDULE 4

1

The National Health Service Act 2006 is amended as follows.

2

• (1) Section 7A (exercise of Secretary of State's public health functions) is amended as follows.

• (2) In subsection (2), after paragraph (c) insert—

(d) a combined authority.

• (3) In subsection (4), after “group” insert “ or a combined authority ”.

3

In section 13Z (exercise of functions), after subsection (6) insert—

(7) This section is subject to sections 13ZA and 13ZB in the case of arrangements that are devolved arrangements (within the meaning of section 13ZA).

4

After section 13Z insert—

(13ZA) (1) This section applies to arrangements under section 13Z(2) for one or more functions of the Board to be exercised in relation to a particular area by or jointly with a relevant prescribed body (“devolved arrangements”). (2) “Relevant prescribed body” means a body prescribed under section 13Z(2)(c) that is either— (a) a combined authority whose area includes the whole or part of the area to which the arrangements relate, or (b) a local authority (within the meaning of section 2B) whose area includes the whole or part of that area. (3) The power of the Board under section 13Z(2) to enter into devolved arrangements in relation to any functions includes power to arrange for such functions to be exercised in relation to the area to which the arrangements relate— (a) by the relevant prescribed body jointly with one or more other eligible bodies; (b) jointly with the Board, the relevant prescribed body and one or more other eligible bodies. (4) A body is an “eligible body” if it— (a) falls within paragraph (a), (b) or (c) of section 13Z(2), and (b) exercises functions in relation to the area to which the arrangements relate. (5) Where, by virtue of subsection (3), the Board enters into devolved arrangements with a relevant prescribed body and one or more eligible bodies, at least one of those eligible bodies must be a clinical commissioning group. (6) Where, by virtue of subsection (3), one or more eligible bodies are a party to devolved arrangements, the power under section 13Z(4) to establish a joint committee includes a power to establish a joint committee of which one or more of the eligible bodies are members. (7) But the members of a joint committee established under section 13Z(4) by virtue of subsection (6) must include— (a) the relevant prescribed body; (b) at least one clinical commissioning group with whom a function is exercised jointly under the devolved arrangements; (c) if under the devolved arrangements a function is exercisable jointly with the Board, the Board. (8) The terms and conditions on which devolved arrangements are made may include terms authorising a joint committee established by virtue of subsection (6) to establish and maintain a pooled fund. (9) A pooled fund is a fund— (a) which is made up of payments received from the Board under the devolved arrangements in accordance with terms of payment agreed under section 13Z(5), and (b) out of which payments may be made towards expenditure incurred in the discharge of any of the functions in relation to which the devolved arrangements are made. (13ZB) (1) This section applies to arrangements under section 13Z(2) that are or include arrangements in relation to the exercise of a relevant commissioning function. (2) “Relevant commissioning function” means a function of the Board under section 3B(1)(d) of arranging for the provision of services or facilities in respect of a particular area (“the commissioning area”). (3) The power to enter into the arrangements under section 13Z is subject to the following provisions of this section. (4) The arrangements must provide for the relevant commissioning function to be exercisable by at least one relevant prescribed body jointly with— (a) one or more eligible bodies, or (b) the Board and one or more eligible bodies, (and the arrangements are, accordingly, devolved arrangements to which section 13ZA applies). (5) At least one of the eligible bodies mentioned in subsection (4) must be a clinical commissioning group. (6) The Board may enter into the arrangements in relation to the provision of a service or facility in the commissioning area only if it considers it appropriate to do so having regard to— (a) the impact on the provision of the service or facility in the commissioning area; (b) the impact on the provision of the service or facility in other areas; (c) the number of persons in the commissioning area to whom the service or facility is provided; (d) the number of persons who are able to provide the service or facility; (e) the cost of providing the service or facility; (f) the financial implications for the relevant prescribed body, and for other bodies, with whom the arrangements are made. (7) Regulations may provide for this section not to apply to arrangements so far as relating to a relevant commissioning function of a prescribed description. (8) In this section, “eligible body” and “relevant prescribed body” have the same meaning as in section 13ZA.

5

After section 14Z3 insert—

(14Z3A) (1) A clinical commissioning group may arrange for— (a) any commissioning function of the group to be exercised jointly with a combined authority; (b) any commissioning function that the group exercises on behalf of another clinical commissioning group under section 14Z3(2)(a) to be exercised jointly with a combined authority. (2) Two or more clinical commissioning groups may arrange for any commissioning functions of those groups that are exercised jointly with each other under section 14Z3(2)(b) to be exercised jointly also with a combined authority. (3) Regulations may provide that the powers in subsections (1) and (2) do not apply in relation to a commissioning function of a prescribed description. (4) Where any commissioning functions of a clinical commissioning group (or groups) are exercised jointly with a combined authority under subsection (1) or (2), they may be exercised by a joint committee of the group (or groups) and the authority. (5) Arrangements under subsection (1) or (2) may be on such terms and conditions (including terms as to payment) as may be agreed between the clinical commissioning group (or groups) and the combined authority. (6) Where two or more clinical commissioning groups enter into arrangements with the same combined authority under subsection (1) or (2), the terms as to payment mentioned in subsection (5) may include terms authorising a joint committee established under subsection (4) to establish and maintain a pooled fund. (7) A pooled fund is a fund— (a) which is made up of payments received under the arrangements from all the groups that are parties to the arrangements, and (b) out of which payments may be made towards expenditure incurred in the exercise of any of the commissioning functions in respect of which the arrangements are made. (8) Arrangements under subsection (1) or (2) do not affect the liability of a clinical commissioning group for the exercise of any of its functions. (9) In this section “commissioning functions” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service (but does not include the function of making a request to the Board for the purposes of section 14Z9).

6

In section 75 (arrangements between NHS bodies and local authorities), after subsection (7) insert—

(7A) For the purposes of this section, a combined authority that exercises a prescribed function within subsection (1)(a) of an NHS body under voluntary arrangements is to be treated as an NHS body. (7B) “Voluntary arrangements” means arrangements made with the combined authority under— (a) section 7A (exercise of Secretary of State's public health functions), (b) section 13Z (exercise of the Board's functions), or (c) section 14Z3A (joint exercise of functions with clinical commissioning groups). (7C) Regulations under this section, so far as made before or in the same Session as that in which the Cities and Local Government Devolution Act 2016 is passed, apply to a combined authority that is treated as an NHS body by virtue of subsection (7A) as if it were a prescribed NHS body for the purposes of those regulations. (7D) But a combined authority to which regulations under this section apply by virtue of subsection (7C) may enter into prescribed arrangements in relation to the exercise only of functions within subsection (1)(a) that are exercisable by the authority under voluntary arrangements. (7E) Regulations under this section may provide for the regulations to apply in relation to a combined authority subject to any prescribed limitations or conditions. (7F) Nothing in subsection (7D) prevents a combined authority from being a party to arrangements made by virtue of this section in relation to any prescribed functions of an NHS body that are exercisable by the authority as a result of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009 (public authority functions exercisable by combined authorities).

7

• (1) Section 251 (control of patient information) is amended as follows.

• (2) In subsection (2)(a), after “health service bodies” insert “ or relevant social care bodies ”.

• (3) After subsection (12) insert—

(12A) In this section— - “care” includes local authority social care, - “local authority social care” means— 1. social care provided or arranged for by a local authority, and 2. any other social care all or part of the cost of which is paid for with funds provided by a local authority, - “patient” includes an individual who needs or receives local authority social care or whose need for such care is being assessed by a local authority, - “social care” includes all forms of personal care and other practical assistance provided for individuals who are in need of such care or assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances.

• (4) In subsection (13), at the end insert—

“relevant social care body” means— (a) a local authority, or (b) any other body or person engaged in the provision of local authority social care.

8

In section 275(1) (interpretation), after the definition of “clinical commissioning group” insert—

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

.

9

In section 276 (index of defined expressions), at the appropriate place insert—

combined authority	section 275(1)

.

SCHEDULE 5

Local Government Act 1972

1

The Local Government Act 1972 is amended as follows.

2

In section 100E (application of Part 5A to committees and sub-committees), in subsection (3) after paragraph (b) insert—

(bba) a committee in place by virtue of section 107D(3)(c)(ii) of the Local Democracy, Economic Development and Construction Act 2009; (bbb) a joint committee in place by virtue of section 107E of that Act;

.

3

In section 100J (application of Part 5A to new authorities etc)—

• (a) in subsection (1) after paragraph (be) insert—

(bf) a sub-national transport body;

;

• (b) in subsection (3), after “(be),” insert “ (bf), ”;

• (c) in subsection (4), in paragraph (a) after “joint authority,” insert “ a sub-national transport body, ”.

4

In section 101 (arrangements for discharge of functions by local authorities)—

• (a) after subsection (1C) insert—

(1D) A combined authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority. (1E) “Mayoral function” has the meaning given by section 107G(7) of the Local Democracy, Economic Development and Construction Act 2009.

;

• (b) after subsection (5B) insert—

(5C) Arrangements under subsection (5) by two or more local authorities with respect to the discharge of any of their functions cease to have effect with respect to that function if, or to the extent that, the function becomes a general function of a mayor for the area of a combined authority. (5D) Subsection (5C) does not prevent arrangements under subsection (5) being entered into in respect of that function by virtue of section 107E of the Local Democracy, Economic Development and Construction Act 2009 (joint exercise of general functions). (5E) In subsection (5C), “general functions” has the meaning given in section 107D(2) of that Act.

;

• (c) in subsection (13) after “combined authority,” insert “ a sub-national transport body, ”.

5

In section 270 (general provisions as to interpretation), in subsection (1) after the definition of “specified papers” insert—

“sub-national transport body” means a sub-national transport body established under section 102E of the Local Transport Act 2008;

.

Local Government Act 1985

6

The Local Government Act 1985 is amended as follows.

7

In section 72 (accounts and audit), for subsection (5) substitute—

(5) Any reference in this section to a new authority includes a reference to— (a) the London Fire and Emergency Planning Authority; (b) a sub-national transport body established under section 102E of the Local Transport Act 2008; (c) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

8

In section 73 (financial administration), in subsection (2) after “reference to” insert

— (a) a sub-national transport body established under section 102E of the Local Transport Act 2008; (b)

.

Local Government Finance Act 1988

9

The Local Government Finance Act 1988 is amended as follows.

10

In section 74 (levies), omit subsection (9).

11

In section 143 (orders and regulations), after subsection (4A) insert—

(4B) The power to make regulations under section 74 above, so far as they are made in relation to a combined authority by virtue of subsection (8) of that section, shall be exercisable by statutory instrument, and no such regulations shall be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

Local Government and Housing Act 1989

12

• (1) The Local Government and Housing Act 1989 is amended as follows.

• (2) In section 4 (designation and reports of head of paid service), in subsection (6)(a) for “, (ja) and (jb)” substitute “ and (ja) to (jc) ”.

• (3) In section 13 (voting rights of members of certain committees: England and Wales), in the definition of “relevant authority” in subsection (9), for “(jb)” substitute “ (jc) ”.

• (4) In section 20 (duty to adopt certain procedural standing orders), in subsection (4)(a) for “(jb)” substitute “ (jc) ”.

• (5) In section 21 (interpretation of Part 1 of Act), in subsection (1) after paragraph (jb) insert—

(jc) a sub-national transport body established under section 102E of the Local Transport Act 2008;

.

Railways Act 1993

13

• (1) Section 24A of the Railways Act 1993 (Secretary of State franchise exemptions: operator agreements) is amended as follows.

• (2) In subsection (4)—

• (a) in paragraph (a), after sub-paragraph (i) insert—

(ia) an STB,

;

• (b) in paragraph (b), after “Executive” insert “ , an STB ”;

• (c) in paragraph (c)(i), after “Executive” insert “ , STB ”;

• (d) in paragraph (c)(ii), after “Executive” insert “ , STB ”.

• (3) In subsection (5)—

• (a) in paragraph (a) of the definition of “relevant company”, after “Executive” insert “ , an STB ”;

• (b) in paragraph (b) of that definition, after “Executive” insert “ , an STB ”;

• (c) after that definition insert—

• “STB” means a sub-national transport body established under section 102E of the Local Transport Act 2008.

Environment Act 1995

14

• (1) Section 65 of the Environment Act 1995 (National Park authorities: general purposes and powers) is amended as follows.

• (2) In subsection (5), after paragraph (b) insert—

Paragraph (b) is subject to subsection (6A).

• (3) After subsection (6) insert—

(6A) Subsection (5)(b) does not apply in relation to a National Park authority for a National Park in England (see instead section 65A for general powers of such authorities).

Local Government Act 1999

15

In section 1 of the Local Government Act 1999 (best value authorities), in subsection (1) after paragraph (hb) insert—

(hc) a sub-national transport body established under section 102E of the Local Transport Act 2008;

.

Freedom of Information Act 2000

16

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 2 (local government: England and Wales), after paragraph 28 insert—

(28A) A sub-national transport body established under section 102E of the Local Transport Act 2008.

Local Democracy, Economic Development and Construction Act 2009

17

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

18

• (1) Section 91 (exercise of local authority functions) is amended as follows.

• (2) In subsection (1), after “an area” insert “ all or part of which is ”.

• (3) In subsection (4)—

• (a) omit “or” at the end of paragraph (a);

• (b) after paragraph (b) insert—

(c) for the function to be exercisable by the EPB and the local authority jointly, or (d) for the function to be exercisable by the EPB jointly with the local authority but also continue to be exercisable by the local authority alone.

19

In section 104 (constitution and functions: transport), after subsection (2) insert—

(2A) But section 85 of that Act, in its application to a combined authority by virtue of subsection (2), is subject to subsections (2B) and (2C). (2B) If the area of the combined authority includes the area of the whole of a county that comprises the areas of one or more district councils, the representative councils for the purposes of section 85(1)(c) of that Act (as applied to a combined authority) are either the county council or the council for each of the districts (as determined by or in accordance with the order). (2C) In relation to a mayoral combined authority, section 85(4) of that Act is not to be taken as preventing the mayor from being a voting member of the authority. (2D) An order under subsection (1)(c) may include provision for a function exercisable by a local authority in relation to an area all or part of which is comprised in the combined authority's area to be exercisable by the combined authority in relation to the combined authority's area.

20

In section 106 (changes to boundaries of combined authority's area), in subsection (2) omit “and” at the end of paragraph (a).

21

• (1) Section 107 (dissolution of combined authority's area) is amended as follows.

• (2) In subsection (2)—

• (a) for “only if a majority” substitute

only if— (a) a majority

;

• (b) after “the order” insert

, and (b) in the case of an order made in respect of a mayoral combined authority, the mayor for the area of the authority also consents to the making of the order.

• (3) After subsection (4) insert—

(4A) The order— (a) may transfer functions from the combined authority to any other public authority; (b) may provide for any function of the combined authority to no longer be exercisable in relation to the combined authority's area.

22

In section 111 (review by authorities: existing combined authority), in subsection (3)(a), for “any of sections 104 to 107” substitute “ section 104, 105, 106 or 107 ”.

23

In section 112 (preparation and publication of scheme: existing combined authority), in subsection (1), for “sections 104 to 107” substitute “ sections 104, 105, 106 and 107 ”.

24

In section 113 (requirements in connection with changes to existing combined arrangements), after subsection (3) insert—

(4) This section does not apply to an order under section 106(1)(b) that is made as a result of the duty in section 105B(5) or 107B(4).

25

In section 113A (general power of EPB or combined authority), after subsection (3) insert—

(4) This section does not apply in relation to a combined authority in respect of which an order under section 113D has effect.

26

• (1) Section 114 (incidental etc. provision) is amended as follows.

• (2) After subsection (1) insert—

(1A) In relation to an order under Schedule 5B, subsection (1) has effect as if the reference to the Secretary of State were a reference to the Secretary of State or the Chancellor of the Duchy of Lancaster.

• (3) Omit subsection (2).

• (4) In subsection (3), for “by virtue of subsection (2)” substitute “ in an order under this section by virtue of section 117(5) ”.

27

In section 115 (transfer of property, rights and liabilities), in subsection (1) after “liabilities” insert “ (including criminal liabilities) ”.

28

In section 116 (consequential amendments), after subsection (1) insert—

(1A) In relation to an order under Schedule 5B, subsection (1) has effect as if the references to the Secretary of State were references to the Secretary of State or the Chancellor of the Duchy of Lancaster.

29

• (1) Section 117 (orders) is amended as follows.

• (2) After subsection (1) insert—

(1A) An order under this Part may make different provision for different authorities or descriptions of authority or otherwise for different purposes.

• (3) After subsection (4) insert—

(5) An order under any provision of this Part, other than an order under section 116 or an order mentioned in subsection (2A)(a) or (b), may include provision amending, applying (with or without modifications), disapplying, repealing or revoking any enactment whenever passed or made.

30

• (1) In section 120 (interpretation)—

• (a) after the definition of “combined authority” insert—

“deputy mayor” has the meaning given by section 107C(7); “general functions” has the meaning given by section 107D(2);

;

• (b) after the definition of “local government area” insert—

“mayor”, in relation to the area of a combined authority, means the mayor for the area of the authority by virtue of an order under section 107A(1); “mayoral combined authority” has the meaning given by section 107A(8); “PCC functions” has the meaning given by section 107F(3);

.

Equality Act 2010

31

In Schedule 19 to the Equality Act 2010 (public authorities), in Part 1 (general), after the entry “A joint authority established under Part 4 of that Act for an area in England (including, by virtue of section 77(9) of the Local Transport Act 2008, an Integrated Transport Authority established under Part 5 of that Act of 2008)” insert— “ A sub-national transport body established under section 102E of the Local Transport Act 2008. ”

Localism Act 2011

32

The Localism Act 2011 is amended as follows.

33

• (1) Section 15 (power to transfer local public functions to permitted authorities) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), for “a permitted authority” substitute “ an EPB ”;

• (b) in paragraph (b), for “permitted authorities” substitute “ EPBs ”.

• (3) Omit subsection (4).

• (4) In subsections (6) and (7), for “permitted authority” substitute “ EPB ”.

• (5) In subsection (8), for “a permitted authority” substitute “ an EPB ”.

34

In section 17 (transfer schemes), in subsection (1), for “permitted authority” substitute “ EPB ”.

35

• (1) Section 18 (duty to consider proposals for exercise of powers under sections 15 and 17) is amended as follows.

• (2) In subsection (1)—

• (a) for “a permitted authority” substitute “ an EPB ”;

• (b) in paragraph (b), for “permitted authority” substitute “ EPB ”.

• (3) In subsection (3), in paragraph (a), for “permitted authority” substitute “ EPB ”.

36

In section 20 (interpretation) at the appropriate place insert—

“EPB” means an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

.

Local Audit and Accountability Act 2014

37

• (1) The Local Audit and Accountability Act 2014 is amended as follows.

• (2) In section 40 (access to local government meetings and documents), in subsection (6) after paragraph (j) insert—

(ja) a sub-national transport body,

.

• (3) In section 44 (interpretation of Act), in subsection (1) after the definition of “special trustees for a hospital” insert—

“sub-national transport body” means a sub-national transport body established under section 102E of the Local Transport Act 2008.

.

• (4) In Schedule 2 (relevant authorities), after paragraph 28 insert—

(28A) A sub-national transport body.

Devolution: annual report

Financial matters

Other public authority functions

General power of competence

Removal of geographical restrictions in relation to combined authorities

Changes to existing EPB

Requirements in connection with establishment etc of combined authority

Power to transfer etc public authority functions to certain local authorities

Section 16: procedure etc

Referendums to undo change to mayor and cabinet executive

Minor and consequential amendments

This is the Schedule to be inserted after Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009—

This is the Schedule to be inserted as Schedule 5C to the Local Democracy, Economic Development and Construction Act 2009—

This is the Schedule to be inserted as Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009—

Local Government Act 1972

Local Government Act 1985

Local Government Finance Act 1988

Local Government and Housing Act 1989

Railways Act 1993

Environment Act 1995

Local Government Act 1999

Freedom of Information Act 2000

Local Democracy, Economic Development and Construction Act 2009

Equality Act 2010

Localism Act 2011

Local Audit and Accountability Act 2014

Editorial notes