Legalize / United Kingdom / Public General Act

Levelling-up and Regeneration Act 2023

Type Public General Act

Publication 2023-10-26

Last updated 2026-07-27

State In force

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(5) A requirement under subsection (2) must state the time by which and manner in which the information is required to be given.

(6) The power conferred by subsection (2) may be exercised only for the purpose of obtaining information about the premises that the local authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises.

(7) A person commits an offence if the person—

(a) fails without reasonable excuse to comply with a requirement under subsection (2), or

(b) in response to such a requirement, gives information that—

(i) is false, and

(ii) the person knows or should reasonably know to be false.

(8) A person who commits an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Power to enter and survey land

211

(1) This section applies in relation to premises that are situated on a designated high street or within a designated town centre.

(2) A person authorised in writing by the local authority for the area in which the premises are situated may—

(a) enter and survey the premises, and

(b) enter on any other land in order to gain access to the premises for the purposes of paragraph (a).

(3) In the following provisions of this section, “the power” means the power conferred by subsection (2).

(4) The power may be exercised only for the purpose of obtaining information about the premises that the authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises.

(5) The power may be exercised only if the local authority has given, or made all reasonable efforts to give, written notice to—

(a) the landlord of the premises, for the purposes of subsection (2)(a), or

(b) the person who appears to the local authority to be in possession of, or entitled to possession of, the land, for the purposes of subsection (2)(b),

at least 14 days before the day on which the power is first exercised in relation to the premises or other land in question.

(6) The power may be exercised only at a reasonable time.

(7) The power may not be exercised in a way that involves the use of force, except on the authority of a warrant issued by a justice of the peace.

(8) Such a warrant—

(a) may be issued only on an application supported by evidence given on oath,

(b) may be issued only if the justice of the peace is satisfied that reasonable efforts have been made to exercise the power without the use of force, and

(9) A person exercising the power must produce—

(a) evidence of the authorisation referred to in subsection (2), and

(b) a copy of any warrant issued under subsection (7),

if so requested by any person who appears to have control over the premises or other land.

(10) If no person who appears to have control over the premises or other land is present when the power is exercised, the person exercising the power must leave the premises or land as secure against trespassers as when the person entered.

Offences in connection with section 211

212

(1) A person who, without reasonable excuse, obstructs a person in the exercise of the power conferred by section 211 (2) is guilty of an offence.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A person commits an offence if the person discloses confidential information, obtained in the exercise of the power conferred by section 211 (2), for purposes other than those for which the power was exercised.

(4) A person who commits an offence under subsection (3) is liable—

(a) on summary conviction, to a fine, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(5) In subsection (3), “confidential information” means information—

(a) which constitutes a trade secret, or

(b) the disclosure of which would or would be likely to prejudice the commercial interests of any person.

Power to extend time limits

213

(1) Subsection (2) applies if it appears to the county court that, because of—

(a) a failure to comply with a requirement under section 210 (2),

(b) the giving of false information in response to such a requirement, or

a local authority has been impeded in deciding whether or how to exercise its functions under this Part in relation to premises in respect of which an initial letting notice or final letting notice is in force.

(2) The court may order that the period referred to in section 195 (2)(b) or 198 (3), as applicable in relation to the notice, is to be extended by such number of days as appears to the court to be appropriate in view of the impediment.

(3) The court may act under this section only on an application by the local authority.

General and supplementary provision

Further provision about letting notices

214

(1) In this section, references to letting notices are to initial letting notices and final letting notices.

(2) Regulations must make provision about—

(a) the form and content of letting notices,

(b) the service of letting notices, and

(3) In making regulations under subsection (2)(a), the Secretary of State must seek to secure that letting notices—

(a) identify the premises to which they relate and their suitable high-street use,

(b) explain the reasons for the service of the notice, and

in such detail as is adequate in order for the recipient of the notice to be able to decide how to act in response to it.

(4) For the purposes of this Part, an authority serves a letting notice on the day on which it takes the last step that it needs to take in order for the notice to be served in accordance with regulations under subsection (2)(b).

(5) In making regulations under subsection (2)(c), the Secretary of State must seek to secure that, in the ordinary course of events (taking into account the method of service employed), it is likely that the landlord will become aware of the notice by the time it takes effect.

(6) A letting notice served by a local authority may be withdrawn by the authority at any time.

(7) A letting notice—

(a) is not affected by any change in the landlord of the premises in relation to which it has been served, and

(b) is a local land charge.

(8) Regulations may provide for copies of letting notices to be served on—

(a) persons with interests in the affected premises that are superior to the landlord’s interest;

(b) mortgagees of the affected premises.

Other formalities

215

Regulations may make provision about the manner of, or procedure to be followed in connection with—

(a) making, varying or withdrawing a designation under section 191;

(b) seeking, giving or refusing consent under section 196 or 199;

(d) making representations under section 203 (9), 205 (8) or 206 (9);

(e) making a requirement under section 210;

(f) giving notice under section 211 (5).

Compensation

216

(1) A person interested in land is entitled to compensation for damage as a result of the exercise of the power conferred by section 211.

(2) Such compensation is payable by the local authority that authorised the exercise of the power.

(3) Any disputes relating to compensation under this section are to be determined by the Upper Tribunal.

(4) The provisions of section 4 of the Land Compensation Act 1961 apply to the determination of such disputes, with any necessary modifications.

(5) Except as provided by subsection (1), no compensation is payable in respect of the exercise of the powers conferred by this Part.

Power to modify or disapply enactments applicable to letting

217

(1) Subsection (2) applies to an enactment which imposes obligations on a lessor or prospective lessor of premises in relation to—

(a) the letting of the premises, or

(b) the premises while let.

(2) Regulations may provide for the enactment to—

(a) apply with modifications, or

(b) not to apply,

in relation to a tenancy granted (or to be granted) further to a contract entered into under section 204, or the premises demised by such a tenancy.

(3) In this section “enactment” includes an enactment comprised in subordinate legislation, within the meaning given by section 21(1) of the Interpretation Act 1978.

Interpretation of Part 10

218

(1) The following provisions apply for the purposes of this Part.

(2) Each of the following is a local authority—

(a) a district council in England,

(b) a county council in England for any area for which there is no district council,

(d) the Common Council of the City of London, and

(e) the Council of the Isles of Scilly.

(3) “Premises” means—

(a) the whole of a building that is designed or adapted to be used as a whole, or

(b) any part of a building that—

(i) is designed or adapted to be used separately from the other parts, or

(ii) could with reasonable adaptation be so used.

(4) Premises are situated on a street if the building comprising or containing the premises—

(a) directly adjoins the street, or

(b) is separated from the street only by the curtilage of the building.

(5) “Street” means a street, within the meaning given by section 48(1) of the New Roads and Street Works Act 1991, to which the public have access on foot (whether by right or permission); and includes any part of a street.

(6) “The landlord”, in relation to premises, means a person who—

(a) is entitled to possession of the premises, and

(b) has sufficient interest in the premises to be capable of granting a tenancy of the premises of at least one year in duration.

(7) For the purposes of subsection (6) as it applies in relation to—

(a) the service of a final letting notice in the circumstances described in section 198 (1)(c)(ii), and

(b) the operation of this Part following the service of such a notice,

the tenancy, licence or agreement referred to in section 198 (1)(c)(ii) is to be ignored.

(8) “Short-term tenancy” means a tenancy for a term of at least one year but not exceeding five years.

(9) References to the terms of a contract or tenancy include covenants, conditions and grants.

(10) “Mortgagee” is to be read as if any charge or lien for securing money or money’s worth was a “mortgage”.

(11) References to regulations are to regulations made by the Secretary of State.

Part 11 — Information about interests and dealings in land

Power to require provision of certain classes of information

219

(1) Regulations may require the provision of information that is within the scope of a permitted purpose.

(2) So far as the regulations are to extend to England and Wales, the permitted purposes are—

(a) the beneficial ownership purpose (see section 220),

(b) the contractual control purpose (see section 221), and

(3) So far as the regulations are to extend to Scotland or Northern Ireland, the only permitted purpose is the national security purpose.

(4) Regulations under this section must, for each requirement they impose, specify—

(a) the person on whom the requirement falls,

(b) the occurrence or circumstances that gives or give rise to the requirement,

(d) the person to whom the required information is to be provided.

(5) The occurrence or circumstances specified under subsection (4)(b)—

(a) must, in the case of a requirement to provide information within the scope of the national security purpose, and

(b) in any other case may,

be (or include) the giving of a notice in accordance with the regulations to the person on whom the requirement falls.

(6) In relation to such cases, the regulations may also make provision deeming notice to have been given at a certain time in certain circumstances.

(7) The person specified under subsection (4)(d) must be—

(a) the Chief Land Registrar, or

(b) another person exercising public functions on behalf of the Crown.

(8) Regulations under this section may—

(a) make provision about how information is to be provided (including provision requiring it to be provided by electronic means specified in the regulations);

(b) provide for, or make provision about, the application of the regulations to persons outside, or information held outside, the United Kingdom;

The beneficial ownership purpose

220

(1) Information is within the scope of the beneficial ownership purpose if it appears to the Secretary of State that the information would be useful for the purpose of—

(a) identifying persons who are beneficial owners of land in England or Wales, or

(b) understanding the relationship of those persons with the land that they beneficially own.

(2) For the purposes of this section, a person beneficially owns land if either of the following subsections applies.

(3) This subsection applies where—

(a) the land is owned by a body corporate or partnership, and

(b) the person is, in relation to that body corporate or partnership, a beneficial owner within the meaning given by regulation 5 of the Money Laundering Regulations.

(4) This subsection applies where—

(a) the land is owned as part of—

(i) a trust, foundation or similar legal arrangement, or

(ii) the estate of a deceased person in the course of administration, and

(b) the person is, in relation to that trust, foundation, arrangement or estate, a beneficial owner within the meaning given by regulation 6 of the Money Laundering Regulations.

(5) In this section—

(a) expressions that are also used in regulation 5 or 6 of the Money Laundering Regulations have the same meaning as in that regulation;

(b) references to ownership of land (except references to beneficial ownership) are to the legal ownership of a freehold or leasehold estate in the land;

(c) “the Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).

The contractual control purpose

221

(1) Information is within the scope of the contractual control purpose if it appears to the Secretary of State that the information would be useful for the purpose of understanding relevant contractual rights.

(2) For the purposes of subsection (1), understanding relevant contractual rights includes identifying the persons holding them and understanding the circumstances in which they were created or acquired.

(3) “Relevant contractual rights” are rights that—

(a) arise under a contract,

(b) relate to the development, use or disposal of land in England or Wales, and

(4) In this section—

“contract” includes a deed (whether or not made for consideration);

“undertaking” includes— a business, a charity or similar endeavour, and the exercise of functions of a public nature.

The national security purpose

222

(1) Information is within the scope of the national security purpose if—

(a) the information relates to land that is within subsection (2),

(b) the information is within subsection (3), and

(c) it appears to the Secretary of State that requiring the provision of the information under section 219 would be justified in the interests of national security.

(2) Land is within this subsection if it appears to the Secretary of State that a threat to national security arises in connection with the location of the land or anything situated or done on it.

(3) Information is within this subsection if it appears to the Secretary of State that the information would be useful for the purpose of—

(a) identifying persons who—

(i) own relevant interests in the land,

(ii) have relevant rights concerning the land, or

(iii) have the ability, or are in a position that may involve the ability, to control or influence (directly or indirectly) the owner of a relevant interest in the land, or a person with a relevant right concerning the land, in the exercise of that ownership or right, or

(b) understanding the relationship of those persons with the land.

(4) In subsection (3)—

(a) references to ownership include legal and beneficial ownership;

(b) “control or influence” includes control or influence by reason of interests or rights in or under a company, partnership, trust, foundation, or legal structure or arrangement similar to any of those.

Requirements may include transactional information

223

(1) The information that may (if it falls within the scope of a permitted purpose) be required to be provided under section 219 includes transactional information about instruments, contracts or other arrangements—

(a) creating, altering, extinguishing, evidencing, or transferring relevant interests in land, or

(b) conferring, amending, assigning, terminating or otherwise modifying relevant rights concerning land.

(2) “Transactional information” means—

(a) details of the parties to a transaction;

(b) details of persons on whose behalf or for whose benefit the parties to a transaction are or were acting;

(d) details of persons providing professional services in relation to a transaction;

(e) details of the source of any money paid or other consideration given in connection with a transaction;

(f) copies of documents giving effect to or evidencing a transaction.

(3) “Transaction”, in subsection (2), means an instrument, contract or other arrangement within subsection (1).

Use of information

224

(1) Regulations may provide for—

(a) the retention of information provided further to a requirement imposed under section 219;

(b) the sharing of such information with persons exercising functions of a public nature, for use for the purposes of such functions;

(2) In the case of a requirement to provide information within the scope of the national security purpose, regulations under subsection (1) may be made so as to apply to information provided further to the requirement only so far as appears to the Secretary of State to be justified in the interests of national security.

(3) Regulations may provide for the payment of fees—

(a) by persons providing information further to a requirement imposed under section 219, and

(b) to the person to whom the information is provided, in respect of any functions conferred on that person under subsection (1).

(4) No civil liability is to arise from the sharing or publication of information under regulations under this section by reason of any inaccuracy or omission in the information as provided further to a requirement imposed under section 219.

Offences

225

(1) A person who, without reasonable excuse, fails to comply with a requirement imposed under section 219 commits an offence.

(2) A person commits an offence if—

(a) the person provides information in response to a requirement imposed under section 219,

(b) the information is false or misleading in a material particular, and

(3) But an offence under this section is committed under the law of a given jurisdiction only if the requirement in question is imposed by regulations extending to that jurisdiction.

(4) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(5) In subsection (4)(a), “the maximum term for summary offences” means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

(b) if the offence is committed after that time, 51 weeks.

(6) A person guilty of an offence under subsection (2) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(7) If—

(a) an entity within subsection (8) commits an offence under this section, and

(b) a person who is, or is purporting to act as, a relevant officer of the entity authorises or permits, participates in, or fails to take all reasonable steps to prevent the commission of the offence,

that person also commits the offence.

(8) The entities within this subsection are those specified in the first column of the following table; and “relevant officer”, in relation to such an entity, means a person acting in a capacity specified in the corresponding entry in the second column.

Entity	“Relevant officer”
A company.	A director, manager, secretary or similar officer.
A partnership.	A partner.
A body corporate (other than a company) or unincorporated body whose affairs are managed by a governing body.	A member of the governing body.
A body corporate (other than a company) or unincorporated body whose affairs are managed by its members.	A member.

(9) An offence under this section committed under the law of Scotland by a person outside Scotland may be prosecuted in—

(a) a sheriff court district in which the person is apprehended or in custody, or

(b) a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district (and in that event the offence is for all incidental or consequential purposes deemed to have been committed in that district).

(10) In subsection (9), “sheriff court district” is to be read in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995.

Enforcement of requirements

226

(1) Regulations may make provision to prevent a relevant registration act from being carried out in relation to a relevant interest in land or relevant right concerning land in relation to which a requirement imposed under section 219 has not been complied with.

(2) For the purposes of subsection (1), a relevant registration act is any act that would or could be carried out in relation to the register of title kept under the Land Registration Act 2002.

(3) Regulations under subsection (1) may—

(a) amend the Land Registration Act 2002;

(b) make consequential amendments of any other enactment.

Interpretation of Part 11

227

In this Part—

“person” includes any entity that has legal personality under the law by which it is governed;

“regulations” means regulations made by the Secretary of State;

“relevant interest in land” means an estate, interest, right or power in or over land in the United Kingdom, except an advowson, franchise or manor;

“relevant right concerning land” means a right or power, arising under a contract or otherwise, that is not a relevant interest in land but concerns the ownership, control or use of land in the United Kingdom.

Part 12 — Miscellaneous

Registration of short-term rental properties

228

(1) The Secretary of State must by regulations make provision requiring or permitting the registration of specified short-term rental properties in England.

(2) “Short-term rental property” means—

(a) a dwelling, or part of a dwelling, which is provided by a person (“the host”) to another person (“the guest”)—

(i) for use by the guest as accommodation other than the guest’s only or principal residence,

(ii) in return for payment (whether or not by the guest), and

(iii) in the course of a trade or business carried on by the host, and

(b) any dwelling or premises, or part of a dwelling or premises, not falling within paragraph (a) which is specified for the purposes of this paragraph.

(3) The Secretary of State must consult the public before making the first regulations under this section.

(4) The requirement in subsection (3) may be satisfied by consultation undertaken before the coming into force of this section.

(5) Regulations under this section may, in particular, include provision about or in connection with—

(a) who may, or must, maintain the register or registers provided for under this section;

(b) who may, or must, register a specified short-term rental property on any register provided for under this section;

(c) conditions that must be satisfied for a specified short-term rental property to be registered or conditions that may be placed upon a specified short-term rental property’s registration (including provision about the circumstances in which such conditions may be varied);

(d) the circumstances in which the registration of a specified short-term rental property may be revoked;

(e) procedural requirements relating to the registration of a specified short-term rental property, the variation of any conditions placed on the registration or the revocation of the registration;

(f) appeals against decisions made in relation to the registration of a specified short-term rental property;

(g) the form or content of—

(i) a register provided for under this section,

(ii) an application for registration on such a register, or

(iii) any other document provided for under this section;

(h) how the registration of a specified short-term rental property may or must be publicised;

(i) the collection, provision or publication of information in connection with regulations under this section;

(j) exemptions from some or all of the requirements imposed by regulations under this section;

(k) prohibiting the provision of a short-term rental property or anything done wholly or partly for the purposes of promoting such a property to the public or a section of the public, in the course of a trade or business, where the property is not registered or another requirement imposed by regulations under this section has not been met;

(l) the enforcement of requirements or prohibitions imposed by regulations made under this section.

(6) Provision under subsection (5)(l) may, in particular, include provision—

(a) conferring a power on a court or tribunal;

(b) for the imposition of civil sanctions and appeals against such sanctions.

(7) Regulations under this section may make provision for the imposition of civil sanctions whether or not the conduct in respect of which the sanction is imposed constitutes an offence.

(8) Regulations under this section may—

(a) provide for the charging of fees or other charges;

(b) confer a function, including a function involving the exercise of a discretion, on any person;

(9) In this section—

“civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices, enforcement undertakings);

“premises” includes any place and, in particular, includes— any vehicle or vessel; any tent or moveable structure;

“specified” means specified or described in regulations made under this section.

Pavement licences

229

Schedule 22 makes—

(a) provision to make the regime for pavement licences under sections 1 to 9 of the Business and Planning Act 2020 permanent, and

(b) other provision relating to pavement licences.

Historic environment records

230

(1) A relevant authority must maintain an historic environment record for its area.

(2) An “historic environment record” is a system for storing and making available to the public information about—

(a) any of the following in the area—

(i) a listed building within the meaning given by section 1(5) of the Listed Buildings Act;

(ii) a conservation area within the meaning given by section 91(1) of that Act;

(iii) a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;

(iv) a garden or other area of land included in a register maintained by the Historic Buildings and Monuments Commission for England under section 8C of the Historic Buildings and Ancient Monuments Act 1953;

(v) a site designated as a restricted area under section 1 of the Protection of Wrecks Act 1973;

(vi) a World Heritage Site (that is to say, a property appearing on the World Heritage List kept under Article 11(2) of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972);

(vii) anything of a description specified in regulations under subsection (3),

(b) other sites in the area which the authority considers to be of historic, architectural, archaeological or artistic interest,

(c) objects found in the area in the course of archaeological investigations which the authority considers to be of such interest, and

(d) historical, architectural, archaeological or scientific investigations or studies relating to—

(i) anything within paragraphs (a) to (c), or

(ii) the development, preservation or present character of any part of the area.

(3) The Secretary of State may, by regulations, specify for the purposes of subsection (2)(a)(vii) a description of object, structure or site that—

(a) is designated, registered or similarly recognised under an enactment, and

(b) appears to the Secretary of State to be so wholly or partly because of historic, architectural, archaeological or artistic importance.

(4) Subsection (1) requires information to be included in an historic environment record only so far as the relevant authority—

(a) has the information, and

(b) considers it suitable for inclusion in the record.

(5) A relevant authority must take such steps as it considers reasonable to—

(a) obtain information for inclusion in its historic environment record, and

(b) keep information included in its historic environment record up to date.

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

(a) about how information is to be stored or made available as described in subsection (2);

(b) for and in connection with the charging of fees by relevant authorities in respect of—

(i) the provision of advice or assistance to persons making use, or proposing to make use, of an historic environment record;

(ii) the provision of documents copied or derived from an historic environment record.

(7) Regulations under subsection (6)(a) may, in particular, make provision requiring or enabling information to be stored or made available in accordance with such standards or specifications as are published by the Secretary of State from time to time.

(8) The relevant authorities for the purposes of this section are—

(a) each county council in England,

(b) each district council for an area in England for which there is no county council,

(d) the Common Council of the City of London,

(e) the Council of the Isles of Scilly,

(f) each National Park authority for a National Park in England, and

(g) the Broads Authority.

(9) For the purposes of this section—

(a) the area of the Common Council includes the Inner Temple and the Middle Temple,

(b) an area comprising a National Park for which there is a National Park authority is the area of that authority and no other relevant authority, and

(c) the area comprising the Broads, as defined by section 2(3) of the Norfolk and Suffolk Broads Act 1988, is the area of the Broads Authority and no other relevant authority.

Review of governance etc of RICS

231

(1) The Secretary of State may, from time to time, appoint an independent person to carry out a review of—

(a) the governance of the Royal Institution of Chartered Surveyors,

(b) the effectiveness of the Institution in meeting its objectives, and

(2) A matter may be specified under subsection (1)(c) only if the Secretary of State considers that the matter is connected with—

(a) the governance of the Institution, or

(b) the effectiveness of the Institution in meeting its objectives.

(3) On completion of a review, the appointed person must make a written report to the Secretary of State—

(a) setting out the result of the review, and

(b) making such recommendations (if any) as the person considers.

(4) The Secretary of State must publish a copy of the report.

(5) In this section “independent” means appearing to the Secretary of State to be independent of—

(a) the Secretary of State, and

(b) the Royal Institution of Chartered Surveyors.

Marine licensing

232

(1) The Marine and Coastal Access Act 2009 is amended in accordance with subsections (2) to (7).

(2) In section 72A (further fees chargeable where the Welsh Ministers are the appropriate licensing authority)—

(a) in the heading, from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”;

(b) in subsection (1), for the words from “Welsh” to the end substitute “appropriate licensing authority in relation to a marine licence granted under this Part is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”;

(d) after subsection (2) insert—

(2A) Where the licensing authority is the Secretary of State or the Scottish Ministers, the authority may charge a fee for dealing with— (a) a variation of the licence under section 72(3) (whether or not on an application), or (b) a transfer and variation of the licence under section 72(7).

(e) in subsection (4), for “subsection (2)” substitute “subsections (2) and (2A)”;

(f) in subsection (6)—

(i) the words from “an application” to “72” become paragraph (a),

(ii) at the beginning of that paragraph insert “where the Welsh Ministers are the licensing authority,”,

(iii) after that paragraph insert

, or (b) where the licensing authority is the Secretary of State or the Scottish Ministers, an application for a variation of a licence under section 72(3) or a transfer and variation of a licence under section 72(7),

(iv) in the closing words, after “licensee” insert “or (as the case may be) other applicant”; and

(g) in subsection (9), after “licensee” insert “or other applicant”.

(3) In section 98 (delegation of functions), in subsection (6)—

(a) in paragraph (ca), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”;

(b) in paragraph (ha), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”;

(c) in paragraph (hb), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”.

(4) In section 107A (deposits on account of fees payable)—

(a) in the heading, after “the” insert “Secretary of State, the Scottish Ministers or the”;

(b) in subsection (1), from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”

(5) In section 107B (supplementary provision about fees)—

(a) in the heading, after “the” insert “Secretary of State, the Scottish Ministers or the”;

(b) in subsection (1), from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”

(6) In section 108 (appeals against notices), in subsection (2A), at the beginning insert “The Secretary of State, the Scottish Ministers or”.

(7) In section 110A (fees: oil and gas activities for which marine licence needed), in subsection (4)—

(a) after “67,” insert “72(3), 72(7) or 72A(2)(a) or (b),”;

(b) after “67(2)” insert “or 72A(4)”;

(8) The amendments made to the Marine and Coastal Access Act 2009 by sections 77 to 80 of the Environment (Wales) Act 2016 (anaw 3) extend to Scotland and Northern Ireland (as well as England and Wales).

(9) The Public Bodies (Marine Management Organisation) (Fees) Order 2014 (S.I. 2014/2555) is revoked.

Power to replace Health and Safety Executive as building safety regulator

233

(1) The Secretary of State may by regulations make provision for a body (“the new regulator”) to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022.

(2) The new regulator may be—

(a) a body established by the regulations, or

(b) another body specified in the regulations.

(3) The Secretary of State may by regulations make further provision in connection with subsection (1), including provision—

(a) conferring the functions of the Health and Safety Executive as the building safety regulator on to the new regulator;

(b) establishing or modifying the constitutional arrangements of the new regulator;

(d) conferring a power on the Secretary of State to give directions to the new regulator.

(4) Regulations under this section may amend, repeal or revoke any provision made by or under—

(a) the Health and Safety at Work etc. Act 1974;

(b) the Building Act 1984;

(d) section 54 of PCPA 2004;

(e) the Building Safety Act 2022.

(5) No regulations may be made under this section after the end of the period of 24 months beginning with the day on which the final report of the Grenfell Tower Inquiry is presented to Parliament in accordance with section 26 of the Inquiries Act 2005.

(6) In this section—

“constitutional arrangements”, in relation to the new regulator, include matters relating to— the name and status of the body; the chair, members and staff of the body (including qualifications and procedures for appointment and functions); the body’s powers to employ staff; remuneration, allowances and pensions for the body’s members and staff; governing procedures and arrangements (including the role and membership of committees and sub-committees); reports and accounts (including audit);

“funding arrangements”, in relation to the new regulator, include provision for it to be funded by a Minister of the Crown and the extent of such funding;

“Grenfell Tower Inquiry” means the public inquiry into the fire at Grenfell Tower on 14 June 2017 as set up on 15 August 2017 for the purposes of section 5 of the Inquiries Act 2005;

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

Transfer schemes in connection with regulations under section 233

234

(1) The Secretary of State may, in connection with regulations under section 233 (1), make one or more schemes for the transfer of property, rights and liabilities (“transfer schemes”).

(2) A transfer scheme in connection with regulations under section 233 (1) may provide for the transfer of property, rights or liabilities to the new regulator from the Health and Safety Executive.

(3) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme;

(4) A transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;

(d) make provision for references to the Health and Safety Executive in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;

(e) make provision for the shared ownership or use of property;

(f) make provision which is the same as or similar to the TUPE regulations;

(g) make other consequential, supplementary, incidental or transitional provision.

(5) A transfer scheme may provide—

(a) for modifications by agreement;

(b) for modifications to have effect from the date when the original scheme came into effect.

(6) In subsection (4)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(7) For the purposes of this section—

(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;

(b) references to the transfer of property include the grant of a lease.

(8) For the purposes of subsection (7)(a)—

(a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and

(b) the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.

(9) In this section “new regulator” has the meaning given in section 233 (1).

Transfer of land by local authorities

235

(1) In Schedule 1 to the Academies Act 2010 (Academies: land), after paragraph 9 insert—

(9A) (1) This paragraph applies where Conditions A to D are met. (2) Condition A is that a local authority make premises (“the new premises”) available to be used by an Academy school. (3) Condition B is that the new premises are made available as an alternative to premises (“the existing premises”) which have previously been used by— (a) the Academy school, or (b) a maintained school, Academy or sixth form college that has been or is to be discontinued and that the Academy school replaces. (4) Condition C is that the existing premises are held on trust by a person or persons (“the trustees”) for the purposes of (as the case may be)— (a) the Academy school, or (b) the discontinued maintained school, Academy or sixth form college. (5) Condition D is that the trustees— (a) having sold the existing premises, pay to the local authority a sum that— (i) is just, having regard to the value of the local authority’s interest in the new premises, but (ii) does not exceed the total of the proceeds of sale and any interest that has accrued to the trustees on those proceeds, or (b) if the local authority agree to accept the trustees’ interest in the existing premises, transfer that interest to the local authority. (6) The local authority must transfer their interest in the new premises to the trustees to be held by them on trust for the purposes of the Academy school. (7) The local authority must pay to the trustees to whom the transfer is made their reasonable costs in connection with the transfer. (8) Any question relating to the duty in sub-paragraph (6) may, if not agreed by the local authority and the trustees, be referred by the local authority or the trustees to the adjudicator (see section 25 of the School Standards and Framework Act 1998). (9) The questions referred to in sub-paragraph (8) include in particular— (a) the extent of the premises an interest in which is to be transferred by the local authority, (b) whether a sum proposed by any person to be paid by the trustees as specified in sub-paragraph (5)(a) is just having regard to the value of the local authority’s interest in the new premises, (c) the amount of any interest that has accrued to the trustees on proceeds of sale as referred to in sub-paragraph (5)(a)(ii), and (d) the identity of the trustees to or by whom a payment or transfer should be made. (10) The local authority and the trustees respectively must provide to the adjudicator any information the adjudicator may request from them for the purpose of exercising the functions the adjudicator has by virtue of this paragraph. (11) Any sum paid to the local authority as referred to in sub-paragraph (5)(a) is to be treated for the purposes of section 14 of the School Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school, Academy or sixth form college referred to in sub-paragraph (3)(a) or (b). (12) In this paragraph, references to premises do not include playing fields.

(2) In section 25 of the School Standards and Framework Act 1998 (adjudicators), in subsection (2), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”.

(3) In Schedule 5 to that Act (adjudicators), in paragraph 5(1), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”.

(4) In Part 2 of Schedule 22 to that Act (maintained schools: disposals on discontinuance), in paragraph 5, after sub-paragraph (1A) insert—

(1B) This paragraph also does not apply where the school mentioned in sub-paragraph (1)(a) is (with or without other schools) to be replaced by an Academy school in circumstances where paragraph 9A(1) of Schedule 1 to the Academies Act 2010 applies.

Open access mapping

236

(1) The Countryside and Rights of Way Act 2000 is amended as follows.

(2) After section 9 (maps in conclusive form) insert—

(9A) (1) This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England. (2) Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether— (a) any land shown on that map as open country or registered common land is open country or registered common land at the time of the review, and (b) any land in that area which is not so shown ought to be so shown. (3) Regulations may require Natural England to carry out subsequent reviews, in respect of such matters and in respect of such circumstances as may be prescribed.

(3) In section 10 (review of maps)—

(a) at the end of the heading insert “(Wales)”;

(b) in subsection (1), after “area” insert “in Wales”;

(a) in the case of the first review, not more than ten years after the issue of the map in conclusive form, and (b) in the case of subsequent reviews, not more than fifteen years after the previous review.

(4) In section 11 (regulations relating to maps)—

(a) in subsection (2), after paragraph (j) insert—

(ja) the procedure to be followed on a review under section 9A (including provision as to the period within which, and the manner in which, representations may be made to Natural England in relation to such a review),

(b) after subsection (3) insert—

(3A) Regulations made by virtue of subsection (2)(ja) may make provision— (a) for appeals in relation to a review, including by making provision applying, or corresponding to, any provision of, or made under, Schedule 1A to the National Parks and Access to the Countryside Act 1949 (coastal access reports) (with or without modifications); (b) enabling Natural England to make a determination in preparing a map on a review that any boundary of an area of open country is to be treated as coinciding with a particular physical feature (whether the effect is to include other land as open country or to exclude part of an area of open country).

Childcare: use of non-domestic premises

237

(1) In section 96 of the Childcare Act 2006 (meaning of early years and later years provision etc), in each of subsections (4) and (8) omit “, where at least half of the provision is on domestic premises”.

(2) Schedule 23 amends the Childcare Act 2006 to make provision relating to the registration of persons providing childminding wholly on non-domestic premises.

Childcare: number of providers

238

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

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

239

(1) Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru) is amended in accordance with subsections (2) and (3).

(2) In paragraph 9(8)(b) (exceptions to restrictions relating to reserved authorities)—

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

(b) after paragraph (vii) insert

; or (viii) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023.

(3) In paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)—

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

(b) for the second paragraph (ix) substitute—

(x) the Trade (Australia and New Zealand) Act 2023; or (xi) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023.

(4) In the Procurement Act 2023—

(a) in section 118 (concurrent powers and the Government of Wales Act 2006), for paragraphs (c) and (d) substitute—

(c) at the end of paragraph 11(6)(b)(x), omit “or”, and (d) in paragraph 11(6)(b)(xi), at the end insert , or (xii) the Procurement Act 2023.

(b) in Schedule 11 (repeals and revocations), for paragraph 1 substitute—

(1) In Schedule 7B to the Government of Wales Act 2006 (general restrictions on devolved competence)— (a) paragraph 9(9)(d) (as inserted by the Trade (Australia and New Zealand) Act 2023), and (b) paragraph 11(6)(b)(x) (as inserted by the Levelling-up and Regeneration Act 2023).

Blue plaques in England

240

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

Powers of local authority in relation to the provision of childcare

241

In section 8 of the Childcare Act 2006 (powers of local authority in relation to the provision of childcare)—

(a) in subsection (1)(c) omit “subject to subsection (3),”;

(b) omit subsections (3) to (5).

Report on enforcement of the Vagrancy Act 1824

242

(1) The Secretary of State must prepare and publish a report on the impact of the enforcement of sections 3 and 4 of the Vagrancy Act 1824 on the levelling-up missions (within the meaning given by section 1(2)(a)).

(2) The report must be published within the period of 12 months beginning with the day on which this section comes into force.

(3) This section ceases to have effect on the day on which section 81 of the Police, Crime, Sentencing and Courts Act 2022 (repeal of the Vagrancy Act 1824 etc) comes into force.

Qualifying leases under the Building Safety Act 2022

243

(1) The Building Safety Act 2022 is amended in accordance with subsections (2) to (4).

(2) In section 119 (meaning of “qualifying lease”) after subsection (3) insert—

(3A) A connected replacement lease (see section 119A) is also a “qualifying lease”.

(3) After section 119 insert—

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

(4) In section 168(6)(a) (affirmative procedure for regulations), after “74,” insert “119A,”.

(5) The amendments made by this section are to be treated as having come into force on 28 June 2022.

Road user charging schemes in London

244

(1) Schedule 23 to GLAA 1999 (road user charging) is amended as follows.

(2) After paragraph 1(3) insert—

(3A) Any reference in this Schedule to national obligations is a reference to obligations imposed by or under any enactment on a Minister of the Crown.

(3) After paragraph 3 insert—

(3A) (1) This paragraph applies where Transport for London proposes to— (a) make a TfL scheme the purpose, or one of the purposes, of which is the improvement of air quality, or (b) significantly vary a TfL scheme where the purpose, or one of the purposes, of the variation is the improvement of air quality. (2) Transport for London must publish a draft order containing the proposed TfL scheme or the proposed variations to the TfL scheme. (3) The draft order must be in such form as the Authority may determine. (4) Transport for London may not make the order and submit it to the Authority in accordance with paragraph 4(1) otherwise than in accordance with sub-paragraph (8). (5) A relevant London borough council may, within the opt-out period, give notice that it wants to opt out of the scheme (an “opt-out notice”). (6) An opt-out notice must be given to— (a) Transport for London, and (b) the Secretary of State. (7) A London borough council is “relevant” if— (a) any of the council’s area falls within the charging area of the proposed TfL scheme or of the TfL scheme after the proposed variations have been made, and (b) the principal purpose of the scheme applying in the council’s area is the improvement of air quality. (8) After the opt-out period has ended— (a) if sub-paragraph (9) applies, Transport for London may make the order and submit it to the Authority in accordance with paragraph 4(1); (b) if sub-paragraph (10) applies, Transport for London may make the order and submit it to the Authority in accordance with paragraph 4(1) only if Transport for London first modifies the order so that the proposed TfL scheme, or the TfL scheme after the proposed variations have been made, will not apply to the area of each eligible council which has given, and not withdrawn, an opt-out notice. (9) This sub-paragraph applies if— (a) no opt-out notice has been given within the opt-out period or any opt-out notices that have been given within that period have been withdrawn, or (b) one or more opt-out notices have been given within the opt-out period and have not been withdrawn, but each of them was given by a London borough council that is an ineligible council (whether or not that council was an ineligible council at the time the opt-out notice was given) and in each case either— (i) the council did not submit an alternative plan, within the opt-out period, to the Secretary of State under paragraph 3B, or (ii) the council did so submit an alternative plan and the plan has been rejected under that paragraph. (10) This sub-paragraph applies if— (a) one or more opt-out notices have been given within the opt-out period and have not been withdrawn, (b) in the case of any opt-out notice that was given by a London borough council that is an ineligible council (whether or not that council was an ineligible council at the time the opt-out notice was given)— (i) the council did not submit an alternative plan, within the opt-out period, to the Secretary of State under paragraph 3B, or (ii) the council did so submit an alternative plan and the plan has been rejected under that paragraph, and (c) one or more of the opt-out notices that have been given, and not withdrawn, was given by a London borough council that is an eligible council (whether or not that council was an eligible council at the time the opt-out notice was given). (11) A relevant London borough council is an “eligible council” if it has complied with any duty imposed on it under or by virtue of Part 4 of the Environment Act 1995 and— (a) no part of the council’s area is designated, or is required to be designated, as an air quality management area under section 83 of the Environment Act 1995 (designation of air quality management areas), or (b) if any part of the council’s area is so designated, or required to be so designated, the council has an alternative plan that has been approved by the Secretary of State under paragraph 3B. (12) In this paragraph and paragraph 3B— - “alternative plan” means a plan for improving air quality in the area of the London borough council which does not involve the TfL scheme applying to any of the area of the London borough council; - “eligible council” has the meaning given by sub-paragraph (11) and “ineligible council” is to be read accordingly; - “opt-out notice” has the meaning given by sub-paragraph (5); - “opt-out period” means the period of 10 weeks beginning with the day on which the draft order containing the proposed TfL scheme, or the proposed variations to the TfL scheme, is published in accordance with sub-paragraph (2); - “relevant London borough council” has the meaning given by sub-paragraph (7). (3B) (1) This paragraph applies where paragraph 3A applies and a relevant London borough council— (a) gives an opt-out notice, within the opt-out period, in relation to the TfL scheme and does not withdraw it, and (b) submits an alternative plan to the Secretary of State within that period. (2) The London borough council must— (a) notify Transport for London that the council has submitted the alternative plan, and (b) provide Transport for London with a copy of it. (3) The Secretary of State must, before the end of the review period, by notice to the London borough council and Transport for London— (a) approve the alternative plan, or (b) reject the alternative plan. (4) Subject to sub-paragraph (5), the Secretary of State must approve the alternative plan if the Secretary of State is satisfied that it is likely to achieve and maintain improvements in relation to air quality standards and objectives, in every part of the London borough council’s area that is designated, or is required to be designated, as mentioned in paragraph 3A (11)(a), that are similar to those that the proposed TfL scheme, or the TfL scheme after the proposed variations have been made, is likely to achieve if it applies to the area of the council. (5) The Secretary of State is not required to approve the alternative plan if the Secretary of State considers that the plan is inconsistent, or could be inconsistent, with national policies or obligations relating to air quality. (6) At any time during the review period before the Secretary of State approves or rejects the alternative plan under sub-paragraph (3), the Secretary of State may invite the London borough council to modify the plan for the purposes of securing that— (a) the Secretary of State can be satisfied as mentioned in sub-paragraph (4), or (b) the plan is consistent with national policies or obligations relating to air quality, and if the council modifies the plan, sub-paragraphs (3) to (5) apply in relation to the plan as modified. (7) The review period is the period of 16 weeks beginning with the day after the day on which the opt-out period ends. (8) The Secretary of State may on one or more occasions extend the review period. (9) The Secretary of State must give notice of any extension under sub-paragraph (8) to— (a) each London borough council that has— (i) given an opt-out notice, within the opt-out period, in relation to the TfL scheme and not withdrawn it, and (ii) submitted an alternative plan to the Secretary of State within that period, and (b) Transport for London. (10) Where a London borough council’s alternative plan has been approved under this paragraph, the Mayor may issue a direction to the council requiring it to take such steps as may be specified in the direction for the purpose of securing that the alternative plan is implemented. (11) The power to give a direction under sub-paragraph (10) may only be exercised by the Mayor after consultation with the London borough council concerned. (12) Where the Mayor issues a direction to a London borough council under sub-paragraph (10), the council must comply with the direction. (13) In sub-paragraph (4) the reference to air quality standards and objectives is to air quality standards and objectives within the meaning of Part 4 of the Environment Act 1995.

(4) After paragraph 4(2) insert—

(2A) Where an order has been modified in accordance with paragraph 3A (8)(b) before being made and submitted by Transport for London under this paragraph, the Authority must— (a) require Transport for London to publish its proposals for the TfL scheme, or the proposed variations to the TfL scheme, and to consider objections to the proposals, and (b) consult or require Transport for London to consult— (i) any London borough council any of whose area falls within the charging area of the proposed TfL scheme or of the TfL scheme after the proposed variations have been made, (ii) the Secretary of State, and (iii) such other persons as the Authority considers appropriate. (2B) In a case not falling within sub-paragraph (2A), the Authority may— (a) consult, or require an authority making a charging scheme to consult, other persons; (b) require such an authority to publish its proposals for the scheme and to consider objections to the proposals.

(5) In paragraph 4(3)—

(a) in the opening words, for “The” substitute “In any case, the”;

(b) omit paragraphs (a) and (aa).

(6) After paragraph 4 insert—

(4A) (1) This paragraph applies where— (a) the Secretary of State has been consulted under paragraph 4(2A)(b)(ii) about an order containing a proposal for a TfL scheme or proposed variations to a TfL scheme, and (b) the Authority has— (i) made any modifications to the order under paragraph 4(3)(d) that it considers appropriate, or (ii) decided not to make any such modifications. (2) The Authority may not confirm the order under paragraph 4(1) unless— (a) the Authority has published the order, and (b) the condition in sub-paragraph (3) has been met. (3) The condition in this sub-paragraph is met if— (a) the period of 60 days beginning with the day on which the order is published (the “confirmation period”) expires without the Secretary of State giving the Authority a direction in relation to the order under sub-paragraph (4), or (b) before the end of the confirmation period the Secretary of State gives the Authority a direction in relation to the order under sub-paragraph (4) and the Authority has modified the order in accordance with the direction. (4) Where the Secretary of State considers that as a result of the order being modified in accordance with paragraph 3A (8)(b)— (a) the proposed TfL scheme contained in the order would or could be inconsistent with national policies or obligations relating to air quality, or (b) the TfL scheme after the proposed variations contained in the order have been made would or could be inconsistent with such policies or obligations, the Secretary of State may, within the confirmation period, direct the Authority to make modifications to the order so as to prevent the inconsistency by expanding the charging area of the proposed TfL scheme contained in the order, or the TfL scheme after the proposed variations contained in the order have been made, to include any of the area of a London borough council to which the scheme would not otherwise apply by virtue of the modification in accordance with paragraph 3A (8)(b).

(7) In paragraph 34B(1), after “functions” insert “, or the Secretary of State’s functions,”.

(8) In paragraph 38—

(a) after “sub-paragraphs” insert “(2A), (2B),”;

(b) at the end insert “, but does not apply to a variation to a TfL scheme made as a result of a modification to an order under paragraph 4A (3)(b) ”.

Protected landscapes

245

(1) The National Parks and Access to the Countryside Act 1949 is amended in accordance with subsections (2) and (3).

(2) In section 4A (application of Part 2 of Act to Wales), after subsection (2) insert—

(3) Subsection (1) does not apply in relation to section 11A(1A) or (1B) (duty to further statutory purposes of National Parks in England).

(3) In section 11A (duty to have regard to purposes of National Parks)—

(a) in the heading, for “to have regard” substitute “in relation”;

(b) after subsection (1), insert—

(1A) In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a relevant authority other than a devolved Welsh authority must seek to further the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park. (1B) In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a devolved Welsh authority must have regard to the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.

(d) after that subsection, insert—

(2A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1A) (including provision about things that the authority may, must or must not do to comply with the duty).

(e) after subsection (5), insert—

(5A) In this section, “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act).

(4) After section 66 of the Environment Act 1995 (national park management plans), insert—

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