Levelling-up and Regeneration Act 2023

• (a) a statement by the mayor that all of the constituent councils agree to the making of the regulations, or

• (b) if the mayor is unable to make that statement, the reasons why the mayor considers the regulations should be made even though not all of the constituent councils agree to them being made.

Joint exercise of general functions

32

• (1) The Secretary of State may by regulations make provision for, or in connection with, permitting arrangements under section 101(5) of the Local Government Act 1972 to be entered into in relation to general functions of a mayor for the area of a CCA.

• (2) Provision under subsection (1) may include provision—

• (a) for the mayor for the area of a CCA to be a party to the arrangements in place of, or jointly with, the CCA;

• (b) about the membership of any joint committee;

• (c) about the member of the joint committee who is to be its chair;

• (d) about the appointment of members to a joint committee;

• (e) about the voting powers of members of a joint committee (including provision for different weight to be given to the vote of different descriptions of member).

• (3) Provision under subsection (2)(b) to (d) may include provision for the mayor or other persons—

• (a) to determine the number of members;

• (b) to have the power to appoint members (whether or not members of the CCA or a local authority that is a party to the arrangements).

• (4) Provision under subsection (2)(d) may include provision as to the circumstances in which appointments to a joint committee need not be made in accordance with sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

• (5) In this section references to a joint committee are to a joint committee falling within section 101(5)(a) of the Local Government Act 1972 that is authorised to discharge, by virtue of regulations under this section, general functions of a mayor for the area of a CCA.

Mayoral CCAs: local growth plans

Local growth plans

32A

• (1) A mayoral CCA must prepare and publish a local growth plan for its area.

• (2) A local growth plan must—

• (a) include an overview of the economic conditions of the area (including the main economic characteristics which are likely to influence current and future economic growth),

• (b) identify priorities for the economic growth of the area that are agreed with the Secretary of State (“shared local growth priorities”), and

• (c) identify key projects for achieving economic growth in the area through private or public investment.

• (3) A mayoral CCA may revise or replace a local growth plan published under this section.

• (4) The CCA must arrange for any local growth plan that is revised or replaced to be published.

• (5) The requirement under subsection (1) may be met by the publication of a local growth plan before this section comes into force.

Secretary of State guidance on local growth plans

32B

• (1) The Secretary of State may issue guidance to mayoral CCAs in relation to local growth plans under section 32A.

• (2) A mayoral CCA must have regard to any such guidance in exercising their functions.

• (3) The guidance may include (but is not limited to) guidance about—

• (a) who the CCA might consult when preparing or revising the plan;

• (b) information to be included in the plan under section 32A(2) or the plan as revised;

• (c) the process for agreeing priorities for the economic growth of the area with the Secretary of State for the purposes of section 32A(2)(b);

• (d) the circumstances in which the CCA may revise or replace the plan;

• (e) the ways in which the CCA may have regard to the plan when exercising its other functions.

Public authorities: duty to have regard to shared local growth priorities

32C

• (1) A relevant public authority must have regard to a shared local growth priority of a mayoral CCA when—

• (a) exercising, at the request of the CCA, a function which could reasonably be expected to have an effect on that priority;

• (b) preparing a bid for public funding for an activity the objectives of which align with that priority;

• (c) preparing a statutory plan or strategy which relates to the priority.

• (2) Where a relevant public authority carries out activities in England and anywhere else in the United Kingdom, the duty under subsection (1) only applies in relation to activities that the authority carries out in England.

• (3) A “relevant public authority” means a public authority specified in regulations made by the Secretary of State.

• (4) In this section—

• “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “public authority” means any public authority other than—the Welsh Ministers;a devolved Welsh authority within the meaning of section 157A of the Government of Wales Act 2006;

• “public funding” means funding from a Minister of the Crown or government department;

• “shared local growth priorities” has the meaning given by section 32A(2)(b);

• “statutory plan or strategy” means a plan or strategy that a public authority is required by an enactment to issue or publish.

• (5) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

Police and crime and fire and rescue functions

Functions of mayors: policing

33

• (1) The Secretary of State may by regulations provide for the mayor for the area of a CCA to exercise functions of a police and crime commissioner in relation to that area.

• (1A) The mayor for the area of a CCA is to exercise functions of a police and crime commissioner in relation to that area if the CCA meets the eligibility condition and transfer condition in relation to that area (see section 33A).

• (2) A reference in this section to functions of a police and crime commissioner is to any functions conferred on police and crime commissioners by or under—

• (a) Part 1 of the Police Reform and Social Responsibility Act 2011, or

• (b) any other Act (whenever passed).

• (3) In this Chapter references to “PCC functions”, in relation to a mayor for the area of a CCA, are to the functions of a police and crime commissioner that are exercisable by the mayor by virtue of this section.

• (4) Regulations under subsection (1) may be made in relation to an existing mayoral CCA only with the consent of the mayor of the CCA.

• (4A) For provision about the exercise of functions of a police and crime commissioner by the mayor for the area of a CCA by virtue of subsection (1A), see Schedule 10A to the Police Reform and Social Responsibility Act 2011.

• (5) If regulations are made under subsection (1) in relation to a CCA’s area—

• (a) the Secretary of State must by regulations provide that there is to be no police and crime commissioner for that area as from a specified date;

• (b) the Secretary of State may by regulations provide that any election of a police and crime commissioner for that area that would otherwise take place (whether before or after the specified date) by virtue of section 50(1)(b) of the Police Reform and Social Responsibility Act 2011 is not to take place.

• (6) Regulations under subsection (5) may include provision—

• (a) for the term of office of a police and crime commissioner to continue until the date specified in regulations under subsection (5)(a) (in spite of section 50(7)(b) of the Police Reform and Social Responsibility Act 2011);

• (b) for an election to fill a vacancy in the office of a police and crime commissioner, which otherwise would take place under section 51 of that Act, not to take place if the vacancy occurs within a period of six months ending with the specified date.

• (7) Schedule 3 contains further provision in connection with regulations under this section.

• (8) Any PCC function exercisable by the mayor for the area of a CCA by virtue of this Act is to be taken to be a function of the CCA exercisable—

• (a) by the mayor acting individually, or

• (b) by a person acting under arrangements with the mayor made in accordance with provision made under Schedule 3 to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011.

The “eligibility” and “transfer” conditions

33A

• (1) This section sets out the “eligibility condition” and “transfer condition” referred to in section 33(1A).

• (2) A CCA meets the eligibility condition in case A or case B.

• (3) Case A: the CCA’s area is the same as a single English police area.

In this case, the CCA meets the eligibility condition in relation to the single police area.

• (4) Case B: the CCA’s area is the same as two or more English police areas (when those areas are taken together).

In this case, the CCA meets the eligibility condition in relation to each of those police areas.

• (5) A CCA meets the transfer condition in relation to an English police area if—

• (a) the Secretary of State has, by order, specified the time at which the mayor for the area of the CCA is to begin exercising functions of a police and crime commissioner (the “transfer time”), and

• (b) the transfer time has passed.

• (6) If a CCA meets the eligibility condition in relation to two or more English police areas, the Secretary of State may only exercise the power conferred by subsection (5)(a) so as to specify the same transfer time in relation to all of those police areas.

• (7) In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England.

Exercise of fire and rescue functions

34

• (1) This section applies to a mayor for the area of a CCA who—

• (a) by virtue of—

• (i) section 30(1), or

• (ii) section 1(2B) of the Fire and Rescue Services Act 2004,

may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and

• (b) by virtue of—

• (i) section 33(1), or

• (ii) section 33(1A),

may exercise functions of a police and crime commissioner.

• (2) The Secretary of State may by regulations make provision—

• (a) authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the CCA to exercise fire and rescue functions exercisable by the mayor;

• (b) authorising that chief constable to arrange for a person within subsection (4) to exercise the chief constable’s fire and rescue functions.

• (3) Regulations under subsection (2) may provide that arrangements made under the regulations—

• (a) may authorise the exercise of any functions mentioned in that subsection;

• (b) may authorise the exercise of any functions mentioned in that subsection other than those specified or described in the regulations;

• (c) may authorise the exercise of such of the functions mentioned in that subsection as are specified or described in the regulations.

• (4) The persons mentioned in subsection (2)(b) are—

• (a) members of the chief constable’s police force;

• (b) the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;

• (c) members of staff transferred to the chief constable under a scheme made by virtue of section 36(1);

• (d) members of staff appointed by the chief constable under section 36(2).

• (5) Provision in regulations under section 30(1) , or in section 1(2B) of the Fire and Rescue Services Act 2004, for a function to be exercisable only by the mayor for the area of a CCA is subject to provision made by virtue of subsection (2).

• (6) This section is subject to—

• (a) section 35 (section 34 regulations: procedure), and

• (b) section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting).

• (7) In this section “fire and rescue functions”, in relation to a chief constable, means—

• (a) functions which are exercisable by the chief constable by virtue of provision made under subsection (2)(a), and

• (b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

Section 34 regulations: procedure

35

• (1) Regulations under section 34(2) may be made in relation to the mayor for the area of a CCA only if the mayor has requested the Secretary of State to make the regulations.

• (2) A request under subsection (1) must be accompanied by a report which contains—

• (a) an assessment of why—

• (i) it is in the interests of economy, efficiency and effectiveness for the regulations to be made, or

• (ii) it is in the interests of public safety for the regulations to be made,

• (b) a description of any public consultation which the mayor has carried out on the proposal for the regulations to be made,

• (c) a summary of the responses to any such consultation, and

• (d) a summary of the representations (if any) which the mayor has received about that proposal from the constituent members of the CCA.

• (3) Before making the request the mayor must publish, in such manner as the mayor thinks appropriate, the mayor’s response to the representations made or views expressed in response to any consultations on the proposal.

• (4) Subsections (5) to (7) apply if—

• (a) the mayor for the area of a CCA makes a request under subsection (1) for the Secretary of State to make regulations under section 34(2), and

• (b) at least two thirds of the constituent members of the CCA have indicated that they disagree with the proposal for the regulations to be made.

• (5) The mayor must, in providing the report under subsection (2), provide the Secretary of State with—

• (a) copies of the representations (if any) made by the constituent members of the CCA about that proposal, and

• (b) the mayor’s response to those representations and to the responses to any public consultation which the mayor has carried out on that proposal.

• (6) The Secretary of State must—

• (a) obtain an independent assessment of that proposal, and

• (b) in deciding whether to make the regulations, have regard to that assessment and to the material provided under subsection (5) (as well as the material provided under subsection (2)).

• (7) The Secretary of State must publish the independent assessment—

• (a) as soon as is reasonably practicable after making a determination in response to the proposal, and

• (b) in such manner as the Secretary of State thinks appropriate.

• (8) Regulations under section 34(2) may be made only if it appears to the Secretary of State that—

• (a) it is in the interests of economy, efficiency and effectiveness for the regulations to be made, or

• (b) it is in the interests of public safety for the regulations to be made.

• (9) The Secretary of State may not make regulations under section 34(2) in a case within subsection (8)(a) of this section if the Secretary of State thinks that the regulations would have an adverse effect on public safety.

• (10) The Secretary of State may, in making regulations under section 34(2) in relation to the mayor for the area of a CCA, give effect to the mayor’s proposal for the regulations with such modifications as the Secretary of State thinks appropriate.

• (11) Before making regulations which give effect to such a proposal with modifications, the Secretary of State must consult the mayor and the CCA on the modifications.

• (12) In this section “constituent member”, in relation to a CCA, means a member of the CCA appointed by a constituent council (but does not include the mayor for the area of the CCA).

Section 34 regulations: further provision

36

• (1) Regulations under section 34(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities)—

• (a) from a fire and rescue authority or the CCA to the chief constable, or

• (b) from the chief constable to the CCA,

(including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011).

• (2) A chief constable to whom regulations under section 34(2) apply may appoint staff for the purpose of the exercise of the chief constable’s fire and rescue functions.

• (3) A chief constable to whom regulations under section 34(2) apply may—

• (a) pay remuneration, allowances and gratuities to members of the chief constable’s fire and rescue staff;

• (b) pay pensions to, or in respect of, persons who are or have been such members of staff;

• (c) pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.

• (4) In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

• (5) Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.

• (6) Where regulations under section 34(2) are in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force’s chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions.

• (7) Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.

• (8) In subsection (7)—

• “finance officer for fire functions” means a member of a chief constable’s fire and rescue staff who—is not a chief finance officer of the kind mentioned in subsection (6), andis employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions;

• “finance officer for police functions” means a member of a chief constable’s civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—is not a chief finance officer of the kind mentioned in subsection (6), andis employed to carry out duties relating to the proper administration of a police force’s financial affairs.

• (9) Where regulations under section 34(2) are in force, the CCA to which the regulations apply must pay—

• (a) any damages or costs awarded against the chief constable to whom the regulations apply in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff;

• (b) any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;

• (c) any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff, if the settlement is approved by the CCA.

• (10) Where regulations under section 34(2) are in force, the CCA to which the regulations apply may, in such cases and to such extent as appears to the CCA to be appropriate, pay—

• (a) any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the regulations apply in proceedings for any unlawful conduct of that member of staff;

• (b) costs incurred and not recovered by such a member of staff in such proceedings;

• (c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.

• (11) In this section—

• “fire and rescue functions” has the same meaning as in section 34;

• “fire and rescue staff”, in relation to a chief constable to whom regulations under section 34(2) apply, means—staff transferred to the chief constable under a scheme made by virtue of subsection (1);staff appointed by the chief constable under subsection (2).

Section 34 regulations: exercise of fire and rescue functions

37

• (1) This section applies if—

• (a) regulations under section 34(2) make provision in relation to the area of a CCA, and

• (b) by virtue of the regulations, fire and rescue functions exercisable by the mayor for the area of the CCA are exercisable by the chief constable of the police force for the police area which corresponds to that area.

• (2) The chief constable must secure that good value for money is obtained in exercising—

• (a) functions which are exercisable by the chief constable by virtue of the regulations, and

• (b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

• (3) The chief constable must secure that other persons exercising functions by virtue of the regulations obtain good value for money in exercising those functions.

• (4) The mayor must—

• (a) secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the regulations,

• (b) secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,

• (c) secure that functions which are exercisable by the chief constable or another person by virtue of the regulations are exercised efficiently and effectively, and

• (d) secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.

• (5) The mayor must hold the chief constable to account for the exercise of such functions.

Section 34 regulations: complaints and conduct matters etc

38

• (1) If regulations are made under section 34(2) that enable arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by regulations amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.

• (2) If regulations are made under section 34(2) that enable arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 36(1) or appointed by a chief constable under section 36(2), the Secretary of State may by regulations make provision of the type described in subsection (3) in relation to those members of staff.

• (3) The provision referred to in subsection (2) is—

• (a) provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;

• (b) provision applying (with or without modifications) any provision made by or under Part 2 of that Act.

• (4) The Secretary of State may by regulations, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.

• (5) Before making regulations under this section the Secretary of State must consult—

• (a) the Police Advisory Board for England and Wales,

• (b) the Director General of the Independent Office for Police Conduct,

• (c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

• (d) such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and

• (e) such other persons as the Secretary of State considers appropriate.

Section 34 regulations: application of fire and rescue provisions

39

• (1) The Secretary of State may by regulations—

• (a) apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);

• (b) make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.

• (2) Those persons are—

• (a) a chief constable of a police force for a police area to whom regulations under section 34(2) apply,

• (b) a member of staff transferred to such a chief constable under a scheme made by virtue of section 36(1),

• (c) a member of staff appointed by such a chief constable under section 36(2),

• (d) a member of such a chief constable’s police force by whom functions are exercisable by virtue of section 34(2)(b), and

• (e) a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) by whom functions are exercisable by virtue of section 34(2)(b).

• (3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.

• (4) The Secretary of State may by regulations amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

• (5) In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority).

• (6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

Section 34 regulations: application of local policing provisions

40

• (1) The Secretary of State may by regulations—

• (a) apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2);

• (b) make, in relation to such a person, provision corresponding or similar to any provision of a local policing enactment.

• (2) Those persons are—

• (a) a mayor for the area of a CCA to whom regulations under section 34(2) apply,

• (b) a chief constable to whom such regulations apply, and

• (c) a panel established by virtue of regulations under paragraph 4 of Schedule 3 for such an area.

• (3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a local policing enactment or make provision corresponding or similar to any such provision.

• (4) The Secretary of State may by regulations amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

• (5) In this section “local policing enactment” means an enactment relating to a police and crime commissioner.

• (6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

Financial matters relating to mayors

Mayors for CCA areas: financial matters

41

• (1) The Secretary of State may by regulations make provision for the costs of a mayor for the area of a CCA that are incurred in, or in connection with, the exercise of mayoral functions to be met from precepts issued by the CCA under section 40 of the Local Government Finance Act 1992.

• (2) The function of issuing precepts under Chapter 4 of Part 1 of the Local Government Finance Act 1992 in respect of mayoral functions is to be a function exercisable only by the mayor acting on behalf of the CCA.

• (3) The Secretary of State may by regulations modify the application of Chapter 4 or 4ZA of Part 1 of the Local Government Finance Act 1992 so far as applying to cases where the precepting authority in question under that Chapter is a mayoral CCA.

• (4) Where the mayoral functions of a mayor include PCC functions—

• (a) the provision made by virtue of subsection (3) must include provision to ensure that the council tax requirement calculated under section 42A of the Local Government Finance Act 1992 consists of separate components in respect of the mayor’s PCC functions and the mayor’s general functions, and

• (b) the function of calculating the component in respect of the mayor’s PCC functions is itself to be treated as a PCC function for the purposes of this Part.

• (4A) Where the mayoral functions of a mayor include PCC functions in relation to more than one police area, the provision made in accordance with subsection (4)(a) which ensures that there is a separate component in respect of the mayor’s PCC functions must include separate components in respect of the mayor’s PCC functions in relation to the different police areas.

• (5) The Secretary of State may by regulations make provision—

• (a) requiring the mayor to maintain a fund in relation to receipts arising, and liabilities incurred, in the exercise of general functions;

• (b) about the preparation of an annual budget in relation to the exercise of general functions.

(For power to make corresponding provision in relation to PCC functions, see paragraph 7 of Schedule 3.)

• (6) Provision under subsection (5)(b) may in particular include provision for—

• (a) the mayor to prepare a draft budget;

• (b) the draft to be scrutinised by—

• (i) the other members of the CCA, and

• (ii) a committee of the CCA appointed in accordance with paragraph 1(1) of Schedule 1;

• (c) the making of changes to the draft as a result of such scrutiny;

• (d) the approval of the draft by the CCA (including a power to veto the draft in circumstances specified in the regulations and the consequences of any such veto);

• (e) the basis on which such approval is to be given.

• (7) The reference in subsection (6)(b)(i) to a member of a CCA does not include a non-constituent or associate member.

• (8) In this section “mayoral functions”, in relation to a mayor, means—

• (a) the mayor’s general functions, and

• (b) if the mayor exercises PCC functions, the mayor’s PCC functions.

Alternative mayoral titles

Alternative mayoral titles

42

• (1) At the first meeting of a mayoral CCA after regulations made under section 27(1) come into force, the CCA must, by a resolution in accordance with subsection (3)—

• (a) provide that the mayor for the area of the CCA is to be known by the title of mayor, or

• (b) change the title by which the mayor for the area of the CCA is to be known to an alternative title mentioned in subsection (2).

• (2) The alternative titles are—

• (a) county commissioner;

• (b) county governor;

• (c) elected leader;

• (d) governor;

• (e) a title that the CCA 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 CCA.

• (3) The following requirements must be met in relation to the resolution mentioned in subsection (1)—

• (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 (2)(e), the resolution must specify why the CCA considers that the title is more appropriate than the other alternative titles mentioned in subsection (2), and

• (c) the resolution must be passed at the meeting by a simple majority of the members of the CCA who vote on it.

• (4) Subsections (5) and (6) apply where under this section a mayoral CCA changes the title by which the mayor for the area of the CCA is to be known to an alternative title.

• (5) The CCA must—

• (a) send notice of the change to the Secretary of State,

• (b) publish the notice in the area of the CCA in such manner as the CCA 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 CCA 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 CCA”) 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 CCA does not include a non-constituent member.

• (9) 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 section 43.

Alternative mayoral titles: further changes

43

• (1) This section applies where a mayoral CCA has—

• (a) by a resolution under section 42 or by a previous resolution under this section, changed the title by which the mayor for the area of the CCA is to be known to an alternative title,

• (b) by a resolution under section 42, provided that the mayor for the area of the CCA 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 CCA is no longer to be known by an alternative title.

• (2) The CCA may, by a resolution in accordance with this section—

• (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 mentioned in subsection (2) are as follows—

• (a) county commissioner;

• (b) county governor;

• (c) elected leader;

• (d) governor;

• (e) a title that the CCA 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 CCA.

• (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 CCA,

• (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 CCA 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 CCA who vote on it.

• (5) In subsection (4)(a) “relevant meeting” means the first meeting of the CCA 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 CCA is no longer to be known by an alternative title, the CCA must—

• (a) send notice of the change to the Secretary of State,

• (b) publish the notice in the area of the CCA in such manner as the CCA considers appropriate,

• (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 CCA changes the title by which the mayor for the area of the CCA is to be known to an alternative title.

• (8) The authority must—

• (a) send notice of the change to the Secretary of State, and

• (b) publish the notice in the area of the CCA in such manner as the CCA considers appropriate,

• (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 CCA 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 CCA”) 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 mayoral CCA to which section 42 applies does not pass a resolution as required by subsection (1) 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 42(1)(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 CCA does not include a non-constituent member.

• (13) In this section—

• “enactment” has the same meaning as in section 42;

• “qualifying election” means an election for the return of the mayor, other than—the first election for the return of the mayor, andan election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office.

Power to amend list of alternative titles

44

• (1) The Secretary of State may by regulations amend section 42(2) or 43(3) to add, modify or remove a reference to an alternative title or a description of an alternative title.

• (2) In its application to subsection (1), section 252(1)(c) (power for regulations to make consequential etc provision) includes power to make consequential amendments to section 42 or 43.

Requirements in connection with regulations about CCAs

Proposal for new CCA (locally led)

45

• (1) One or more authorities to which this section applies may—

• (a) prepare a proposal for the establishment of a CCA 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 whose area is within the proposed area;

• (b) a unitary district council whose area is within the proposed area;

• (c) an economic prosperity board the whole or any part of whose area is within the proposed area;

• (d) an Integrated Transport Authority the whole or any part of whose area is within the proposed area;

• (e) a combined authority the whole or any part of whose area is within the proposed area.

• (3) In this section “the proposed area” means the area for which the CCA 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) consult the relevant consultees,

• (b) have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.

• (4A) The “relevant consultees” for the purposes of subsection (4)(a) are—

• (a) the constituent councils, and

• (b) any other persons that the authority or authorities preparing the proposal consider it appropriate to consult.

• (5) The requirements in subsection (4) may be satisfied by things done before the coming into force of this section.

• (6) If a proposal under this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

Requirements in connection with establishment of CCA

46

• (1) The Secretary of State may make regulations establishing a CCA for an area (whether or not including other provision made under this Part) only if the following requirements are met in relation to the regulations.

• (2) The Secretary of State considers that the statutory test is met.

• (3) The regulations must—

• (a) implement a proposal submitted to the Secretary of State in accordance with section 45 (proposal for new CCA - locally led), with or without modifications, or

• (b) implement a proposal which the Secretary of State is satisfied that the constituent councils have consented to in principle.

• (4) If the regulations fall under subsection (3)(a) or (b), the consultation requirement must be met.

• (5) If the regulations fall under subsection ..., the Secretary of State must in making the regulations have regard to any representations received before the end of the period specified in the notice.

• (6) The “statutory test” is that it is appropriate to make the regulations having regard to the need to secure effective and convenient local government across the area in relation to the areas of competence.

• (7) The “consultation requirement” is that the Secretary of State has consulted—

• (a) if the regulations fall under subsection (3)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—

• (i) the proposal that the regulations will implement, and

• (ii) any modifications to that proposal;

• (b) if the regulations fall under subsection (3)(b), the relevant consultees about the proposal.

• (8) Subsection (9) applies where the Secretary of State is considering whether to make regulations establishing a CCA for an area and—

• (a) part of the area is separated from the rest of it by one or more local government areas that are not within the area, or

• (b) a local government area that is not within the area is surrounded by local government areas that are within the area.

• (9) In deciding whether to make the regulations, the Secretary of State must have regard to the likely effect of the creation of the proposed CCA on the exercise of functions equivalent to those of the proposed CCA's functions in each local government area that is next to any part of the proposed CCA area.

• (10) The requirements of this section do not apply to regulations to the extent that they include provision made under section 33 (functions of mayors: policing).

• (11) In this section—

• “areas of competence” has the meaning given by section 2 of the English Devolution and Community Empowerment Act 2026;

• “proposed area” means the area for which the CCA is proposed to be established;

• the “relevant consultees” means—the constituent councils, andany other persons that the Secretary of State considers it appropriate to consult.

Proposal for changes to existing arrangements relating to CCA (locally led)

47

• (1) One or more authorities to which this section applies may—

• (a) prepare a proposal for the making of regulations under any of the relevant sections in relation to an existing CCA, and

• (b) submit the proposal to the Secretary of State.

• (1A) The “relevant sections” are—

• (a) section 10 (constitutional arrangements);

• (b) section 16 (funding);

• (c) section 18 (local authority functions);

• (d) section 19 (other public authority functions);

• (e) section 21 (integrated transport authority and passenger transport executive);

• (f) section 22 (directions relating to highways and traffic functions);

• (g) section 25 (changes to boundaries of a CCA’s area);

• (h) section 26 (dissolution of a CCA’s area);

• (i) section 27 (power to provide for election of mayor);

• (j) section 30 (functions of mayors: general).

• (2) This section applies to the following authorities—

• (a) the CCA;

• (b) a county council whose area is within the area of the CCA;

• (c) a unitary district council whose area is within the area of the CCA;

• (d) in the case of a proposal for the making of regulations under section 25 to add the area of a county council to the area of the CCA, that county council;

• (e) in the case of a proposal for the making of regulations under section 25 to add the area of a unitary district council to the area of the CCA, that unitary district council.

• (3) Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—

• (a) consult any persons that the authority or the authorities consider it appropriate to consult,

• (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 regulations under section 10, 16, 18, 19, 21, 22, or 30 is submitted to the Secretary of State, each person who would have to consent to the making of the regulations must consent to the submission of the proposal.

• (5A) Before a proposal under this section for the making of regulations under section 25 or 26 is submitted to the Secretary of State, the relevant consenting authorities must consent to the submission of the proposal.

• (5B) Before a proposal under this section for the making of regulations under section 27 is submitted to the Secretary of State, the constituent councils and the CCA must consent to the submission of the proposal.

• (6) If a proposal under this section is submitted to the Secretary of State by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5) , (5A) or (5B).

• (6A) In determining for the purposes of subsection (5) who would have to consent to the making of regulations under section 10, 16, 18, 19, 21, 22, or 30, the consent of an authority is taken to be required even if the requirement for their consent under that section does not apply where a proposal is made under this section.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8A) For the meaning of the “relevant consenting authorities” in relation to regulations under section 25 or 26 see sections 48B and 48C.

• (9) 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.

Requirements for changes to existing arrangements relating to CCA

48

• (1) The Secretary of State may make regulations under any of the relevant sections in relation to an existing CCA only if—

• (a) the Secretary of State considers that the statutory test is met, and

• (b) any consultation required by subsection (3) or (4) has been carried out.

• (2) The relevant sections are—

• (a) section 10 (constitutional arrangements);

• (b) section 16 (funding);

• (c) section 18 (local authority functions);

• (d) section 19 (other public authority functions);

• (e) section 21 (integrated transport authority and passenger transport executive);

• (f) section 22 (directions relating to highways and traffic functions);

• (g) section 27 (power to provide for election of mayor);

• (h) section 30 (functions of mayors: general).

• (3) If the regulations implement a proposal submitted to the Secretary of State in accordance with section 47, the Secretary of State must consult such persons (if any) as the Secretary of State considers it necessary to consult about the proposal.

• (4) In any other case, the Secretary of State must consult the relevant consultees.

• (5) Subsection (4) does not apply if the regulations are made in accordance with the requirements under section 28(3).

• (6) The “relevant consultees” for the purposes of subsection (4)—

• (a) in relation to a mayoral CCA means—

• (i) the constituent councils, and

• (ii) the mayor;

• (b) in relation a non-mayoral CCA means—

• (i) the constituent councils, and

• (ii) the CCA.

• (7) In this section, “statutory test” has the meaning given by section 46(6).

Requirements in connection with boundary changes or dissolution of CCA

48A

• (1) The Secretary of State may make regulations under section 25 (boundary changes) or 26 (dissolution) in relation to an existing CCA only if the following requirements are met.

• (2) The Secretary of State considers that the statutory test is met.

• (3) For the purposes of subsection (2), the reference in the statutory test to “the area”—

• (a) in relation to regulations under section 25, means the area after the local government area in question has been added or removed, or

• (b) in relation to regulations under section 26, means the area of the CCA.

• (4) The regulations must—

• (a) implement a proposal submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA, locally led), with or without modifications,

• (b) implement a proposal of which notice was given under section 47A (proposal to add an area to an existing area of a CCA, Secretary of State directed), with or without modifications, or

• (c) implement a proposal which the Secretary of State is satisfied that the relevant consenting authorities have consented to in principle (see sections 48B and 48C: relevant consenting authorities).

• (5) If the regulations falls under subsection (4)(a) or (c), the consultation requirement must be met.

• (6) If the regulations fall under subsection (4)(b), the Secretary of State must in making the regulations have regard to any representations received before the end of the period specified in the notice.

• (7) The “consultation requirement” is that the Secretary of State has consulted—

• (a) if the regulations fall under subsection (4)(a), such persons (if any) as the Secretary of State considers it necessary to consult about the proposal that the regulations will implement;

• (b) if the regulations fall under subsection (4)(c), the relevant consultees about the proposal.

• (8) Subsection (9) applies where the Secretary of State is considering whether to make regulations under section 25 and—

• (a) part of the area to be created is separated from the rest of it by one or more local government areas that are not within the area, or

• (b) a local government area that is not within the area to be created is surrounded by local government areas that are within the area.

• (9) In deciding whether to make regulations under section 25, the Secretary of State must have regard to the likely effect of the change to the CCA’s area on the exercise of functions equivalent to those of the CCA’s functions in each local government area that is next to any part of the area to be created by the regulations.

• (10) In this section—

• “relevant consultee”—in relation to regulations under section 25 means—the council of the local government area to be added to or removed from the area of the CCA;if the CCA that the local government area is to be added to or removed from is a mayoral CCA, the mayor of the CCA;if the CCA that the local government area is to be added to or removed from is a non-mayoral CCA, the CCA;any other persons that the Secretary of State considers appropriate;in relation to regulations under section 26 means—the constituent councils of the CCA that is to be abolished,if the CCA that is to be abolished is a mayoral CCA, the mayor of the CCA;if the CCA that is to be abolished is a non- mayoral CCA, the CCA;any other persons that the Secretary of State considers appropriate;

• “statutory test” has the meaning given by section 46(6).

Relevant consenting authorities in relation to regulations under section 25

48B

• (1) The “relevant consenting authorities” in relation to regulations under section 25 means—

• (a) the relevant council in relation to the relevant local government area to be added to or removed from the area of the CCA, and

• (b) if the CCA that the local government area is to be added to or removed from is a mayoral CCA, the mayor of the CCA;

• (c) if the CCA that the local government area is to be added to or removed from is a non-mayoral CCA, the CCA.

• (2) The “relevant council” in relation to a relevant local government area is—

• (a) if the local government area is the area of a county council, the county council;

• (b) if the local government area is the area of a unitary district council, the unitary district council.

• (3) Where a CCA is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 48A(4)(c) is to be decided at a meeting of the CCA by a simple majority of the voting members of the authority who are present at the meeting.

• (4) A reference in subsection (3) 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.

Relevant consenting authorities in relation to regulations under section 26

48C

The “relevant consenting authorities” in relation to regulations under section 26 means—

• (a) a majority of the constituent councils, and

• (b) if the CCA to be abolished is a mayoral CCA, the mayor for the area of the authority.

General powers of CCAs

General power of CCA

49

• (1) A CCA may do—

• (a) anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),

• (b) anything it considers appropriate for purposes incidental to its functional purposes,

• (c) anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,

• (d) anything it considers to be connected with—

• (i) any of its functions, or

• (ii) anything it may do under paragraph (a), (b) or (c), and

• (e) for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

• (2) Where subsection (1) confers power on a CCA to do something, it confers power (subject to section 50) to do it anywhere in the United Kingdom or elsewhere.

• (3) Power conferred on a CCA by subsection (1) is in addition to, and is not limited by, its other powers.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Boundaries of power under section 49

50

• (1) Section 49(1) does not enable a CCA to do anything which it is unable to do by virtue of a relevant limitation which is expressed to apply—

• (a) to its power under section 49(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 49(1).

• (2) If exercise of a relevant power of a CCA is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 49(1) so far as that power is overlapped by the relevant power.

• (3) Section 49(1) does not authorise a CCA to borrow money.

• (4) Section 49(1)(a) to (d) does not authorise a CCA to charge a person for anything done by it otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of CCAs and other best value authorities to charge for discretionary services)).

• (5) Section 49(1)(e) does not authorise a CCA to do things for a commercial purpose in relation to a person if a statutory provision requires it to do those things in relation to the person.

• (6) Where under section 49(1)(e) a CCA does things for a commercial purpose, it must do them through—

• (a) a company within the meaning given by section 1(1) of the Companies Act 2006,

• (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or

• (c) a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.

• (7) In this section—

• “relevant limitation” means a prohibition, restriction or other limitation imposed by a statutory provision;

• “relevant power” means a power conferred by a statutory provision;

• “statutory provision” means a provision of an Act or of an instrument made under an Act.

Power to make provision supplemental to section 49

51

• (1) The Secretary of State may by regulations make provision preventing CCAs from doing under section 49(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 CCAs of power conferred by section 49(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations.

• (3) The power under subsection (1) or (2) may be exercised in relation to—

• (a) all CCAs,

• (b) particular CCAs, or

• (c) particular descriptions of CCAs.

• (4) Before making regulations under subsection (1) or (2) the Secretary of State must consult—

• (a) such representatives of CCAs,

• (b) such representatives of local government, and

• (c) such other persons (if any),

as the Secretary of State considers appropriate.

• (5) Subsection (4) does not apply to 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 CCA or to CCAs of a particular description, or

• (b) so that the earlier regulations, or any provision of the earlier regulations, ceases to apply to a particular CCA or to CCAs of a particular description.

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allowances for members with special responsibilities

52A

• (1) A CCA may—

• (a) make a scheme providing for the payment of allowances to members of the CCA who have special responsibilities, and

• (b) pay allowances in accordance with the scheme.

• (2) A CCA may only make a scheme if—

• (a) the CCA has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and

• (b) the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel.

• (3) A CCA which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts).

• (4) In exercising the powers conferred by this section, or complying with the duty to produce and publish reports, a CCA must take account of any guidance issued for this purpose by the Secretary of State.

• (5) In deciding the terms of a report produced for the purposes of this section, a relevant remuneration panel must take account of any guidance issued for this purpose by the Secretary of State.

• (6) If a member of a CCA is entitled to be paid—

• (a) an allowance under this section, and

• (b) an allowance or other payment by a constituent council,

in respect of the same special responsibilities, the amount payable under this section is to be reduced by the amount payable by the constituent council (and the amount payable under this section is to be reduced to nil if it is smaller than the amount payable by the constituent council).

• (7) Regulations under section 10(1) (about the constitutional arrangements of a CCA) may not prevent or otherwise affect the exercise of the power to pay an allowance under this section; but this section does not otherwise limit the power conferred by section 10(1).

• (8) In this section—

• “relevant remuneration panel”, means a panel that is specified, or of a description specified, in regulations made by the Secretary of State for the purposes of this section;

• “special responsibilities”, in relation to a member of CCA, means any responsibilities which the member has in addition to the general responsibilities of being a member of the CCA.

Supplementary

Incidental etc provision

53

• (1) The Secretary of State may by regulations make incidental, consequential, transitional, transitory or supplementary provision for the purposes of, or in consequence of, regulations under this Chapter or for giving full effect to such regulations.

• (2) Regulations under subsection (1) may not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

Transfer of property, rights and liabilities

54

• (1) The Secretary of State may by regulations make provision for the transfer of property, rights and liabilities (including criminal liabilities) for the purposes of, or in consequence of, regulations under this Chapter or for giving full effect to such regulations.

• (2) Property, rights and liabilities may be transferred by—

• (a) the regulations,

• (b) scheme made by the Secretary of State under the regulations, or

• (c) a scheme required to be made under the regulations by a person other than the Secretary of State.

• (3) A transfer by virtue of this section may have effect—

• (a) whether or not the property, rights and liabilities would otherwise be capable of being transferred;

• (b) without any instrument or formality being required.

• (4) The rights and liabilities which may be transferred by virtue of this section include rights and liabilities in relation to a contract of employment.

• (5) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer by virtue of this section (whether or not the transfer is a relevant transfer for the purposes of those regulations).

• (6) Regulations under this section or a scheme made under them may define the property, rights and liabilities to be transferred by specifying or describing them.

• (7) Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—

• (a) for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred;

• (b) for the shared ownership or use of any property or facilities;

• (c) for the management or custody of transferred property;

• (d) for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.

• (8) Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—

• (a) for the continuing effect of things done by the transferor in relation to anything transferred;

• (b) for the continuation of things (including legal proceedings) in the process of being done, by or on behalf of or in relation to the transferor in relation to anything transferred;

• (c) for references to the transferor in any agreement (whether written or not), instrument or other document in relation to anything transferred to be treated (so far as necessary for the purposes of or in consequence of the transfer) as references to the transferee.

Guidance

55

• (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.

Consequential amendments

56

Schedule 4 (combined county authorities: consequential amendments) has effect.

Interpretation of Chapter

57

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).

Chapter 2 — Other provision

Combined authorities

Review of combined authority’s constitutional arrangements

58

After section 104C of the Local Democracy, Economic Development and Construction Act 2009 (inserted by section 64(8)) insert—

(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).

Consent to changes to combined authority’s area

59

• (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.

Changes to mayoral combined authority’s area: additional requirements

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• (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.

Consent to conferral of general functions on mayor

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• (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—

(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.

Consent to conferral of police and crime commissioner functions on mayor

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• (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).

Functions in respect of key route network roads

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• (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—

(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.

Membership of combined authority

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• (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—