English Devolution and Community Empowerment Act 2026

• “application of potential strategic importance to Greater London” means a licence application that has been notified to a London licensing authority by the Greater London Authority under section 17A(3) as being of potential strategic importance to Greater London;

11

In section 24 (form of licence and summary), after subsection (2)(f), insert—

(g) if it is issued on a direction from the Mayor of London, specify this.

12

After section 25A insert—

(25B) (1) This section applies where on an application of potential strategic importance to Greater London a London licensing authority— (a) grants a premises licence having taken one or more of the steps under section 18(4)(a) to (c) in relation to the licence, or (b) rejects the application to grant a premises licence under section 18(4)(d). (2) The London licensing authority must as soon as possible give notice to the applicant and the Greater London Authority of— (a) its decision to grant the premises licence and the steps, and reasons for the steps, taken under section 18(4)(a) to (c) in relation to the licence (including the detail of any modifications made to conditions under section 18(4)(a)), or (b) its decision to reject the application under section 18(4)(d) and the reasons for doing so. (3) But the decision of the London licensing authority in relation to the application does not otherwise have effect unless and until the Mayor of London gives notice under subsection (6) of a decision under subsection (5)(b). (4) Accordingly, the London licensing authority must not take any steps under this Act in relation to the decision (including giving notice under section 23) unless and until such a notice is given. (5) The Mayor of London must by the end of the specified period decide— (a) to give a direction to the London licensing authority in relation to the application (see section 25C), or (b) that the decision of the London licensing authority in relation to the application is to have effect for the purposes of this Act (and, accordingly, any requirements in relation to that decision now apply). (6) The Mayor of London must give notice of the Mayor’s decision under subsection (5) to— (a) each interested party; (b) any person who made relevant representations in relation to the application under section 18. (7) On receipt of a notice under subsection (6), the London licensing authority must as soon as reasonably practicable advertise the decision of the Mayor. (8) The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (7) is to be made. (9) In this section— - “application of potential strategic importance to Greater London” means an application that has been notified to a London licensing authority by the Greater London Authority under section 17A(3) as being of potential strategic importance to Greater London; - “interested party” has the same meaning as in section 17A (see subsection (7) of that section); - “specified” means specified in regulations made by the Secretary of State. (25C) (1) Where section 25B(5)(a) applies the Mayor of London must direct the London licensing authority— (a) to grant the licence in accordance with the application subject only to— (i) such conditions specified in the direction as are consistent with the operating schedule accompanying the application, and (ii) any conditions which must under section 19, 20 or 21 be included in the licence, (b) to grant the licence subject to— (i) the conditions mentioned in subsection (1)(a)(i) with such permitted modifications as may be specified in the direction, and (ii) any condition which must under section 19, 20 or 21 be included in the licence, (c) to grant the licence in accordance with paragraph (a) or (b), but to also do one or both of the following— (i) exclude from the scope of the licence any of the licensable activities which were excluded by the decision of the London licensing authority in relation to the application under section 18(4)(b); (ii) refuse to specify a person in the licence as the premises supervisor where the London licensing authority refused to specify that person in their decision in relation to the application under section 18(4)(c), or (d) to reject the application. (2) The Mayor may only give a direction to the London licensing authority under subsection (1)(d) to reject the application if the application was rejected by the authority under section 18(4)(d). (3) The London licensing authority must grant the licence or reject the application in accordance with the direction given under subsection (1). (4) When giving a direction under this section the Mayor must have regard to— (a) the licensing policy statement published by the Mayor under section 8A, and (b) the importance of promoting the licensing objectives. (5) Directions given under subsection (1)(a) or (b) may have the effect of requiring a premises licence to be granted subject to different conditions in respect of— (a) different parts of the premises concerned; (b) different licensable activities. (6) A direction under this section must state the Mayor’s reasons for giving the direction. (7) For the purposes of subsection (1)(b)(i) the conditions mentioned in subsection (1)(a)(i) are modified if any of them is altered or omitted or any new condition is added. (8) For the purposes of subsection (1)(b)(i), a modification to a condition is “permitted” if— (a) the condition was modified by the London licensing authority when granting the licence under section 18(4)(a), and the modification is— (i) the same as that modification, or (ii) in the Mayor’s opinion less restrictive than that modification (but see subsection (9)), or (b) the condition relates to an application that was rejected by the London licensing authority under section 18(4)(d). (9) The Mayor may not make a modification to a condition under subsection (8)(a)(ii) if the effect of the modification would be that the condition would apply to a different part of the premises, or to different licensable activities, than that it applied to as modified by the London licensing authority under section 18(4)(a). (25D) (1) A London licensing authority that grants a licence on a direction under section 25C(1)(a) to (c) must as soon as possible— (a) give notice that the licence is granted to— (i) the applicant, (ii) each responsible authority in relation to the premises to which the application relates, (iii) any person who made relevant representations under section 18 in respect of the application, and (iv) the chief officer of police for the police area (or each police area) in which the premises are situated, and (b) issue the applicant with the licence and a summary of it. (2) A London licensing authority that rejects an application on a direction under section 25C(1)(d) must as soon as possible give notice that the application is rejected to— (a) the applicant, (b) each responsible authority in relation to the premises to which the application relates, (c) any person who made relevant representations under section 18 in respect of the application, and (d) the chief officer of police for the police area (or each police area) in which the premises are situated. (3) A notice under subsection (1) or (2) must state the Mayor’s reasons for giving the direction as notified to the London licensing authority under section 25C(6).

13

After section 34 insert—

(34A) (1) A London licensing authority must as soon as possible give notice to the Greater London Authority of any application made to it under section 34 that is a relevant application. (2) A “relevant application” is an application to vary a premises licence in Greater London where the premises are, or would after the variation be, used for one or more of the following activities— (a) the sale by retail of alcohol; (b) the provision of regulated entertainment; (c) the provision of late night refreshment. (3) The Greater London Authority must give notice to each interested party if the Authority considers that the relevant application is an application to vary of potential strategic importance to Greater London. (4) On receipt of a notice under subsection (3), the London licensing authority must as soon as reasonably practicable advertise the determination of the Greater London Authority. (5) The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (4) must be made. (6) For the purposes of subsection (3) “application to vary of potential strategic importance to Greater London” is to be interpreted in accordance with regulations made by the Secretary of State. (7) In this section, an “interested party” in relation to an application means— (a) the London licensing authority that the application was made to; (b) the applicant; (c) each responsible authority in relation to the premises to which the application relates.

14

In section 35 (determination of application under section 34), after subsection (7) insert—

(8) Where a London licensing authority is to hold a hearing in accordance with subsection (3) in relation to an application to vary of potential strategic importance to Greater London, the authority must give to the Greater London Authority— (a) in advance of the hearing, specified information relating to the hearing within the specified period; (b) following the hearing, specified information relating to the hearing within the specified period. (9) In this section— - “application to vary of potential strategic importance to Greater London” means an application to vary a premises licence that has been notified to the London licensing authority by the Greater London Authority under section 34A(3); - “specified” means specified in regulations made by the Secretary of State.

15

After section 41 insert—

(41ZA) (1) This section applies where, on an application to vary of potential strategic importance to Greater London, a London licensing authority— (a) grants an application to vary a premises licence in whole under section 35 and modifies the conditions of the licence under subsection (4)(a) of that section, (b) rejects an application to vary a premises licence in whole under section 35(4)(b), or (c) rejects an application to vary a premises licence in part under section 35(4)(b) and grants the other part (whether with or without modifying the conditions of the licence). (2) The London licensing authority must as soon as possible give notice to the applicant and the Greater London Authority of— (a) its decision to grant the application in whole and modify the conditions of the licence and the reasons for doing so (including the detail of the modifications made), (b) its decision to reject the application in whole and the reasons for doing so, or (c) its decision to reject part of the application and to grant the other part with or without modifying the conditions of the licence, and the reasons for doing so (including the detail of any modifications made). (3) But the decision of the London licensing authority in relation to the application does not otherwise have effect unless and until— (a) the Mayor of London gives notice under subsection (8) of a decision under subsection (7)(b), or (b) the obligations on the Mayor of London under subsection (7) of this section or section 41ZB cease to apply (see section 41ZC). (4) Accordingly, the London licensing authority must not take any steps under this Act in relation to the decision (including taking steps under section 56) unless and until the circumstances in subsection (3)(a) or (b) apply. (5) Where the decision of the London licensing authority has effect by virtue of subsection (3)(b), that decision is to take effect as subject to the intervening decision made by the authority in relation to the licence (see section 41ZC(2)(a)). (6) For the purpose of supplementing subsection (5), the Secretary of State may by regulations make provision modifying any provision of this Act as it applies to a decision of the London licensing authority that has effect by virtue of subsection (3)(b). (7) The Mayor of London must by the end of the specified period decide— (a) to give a direction to the London licensing authority in relation to the application (see section 41ZB), or (b) that the decision of the London licensing authority in relation to the application has effect for the purposes of this Act (and, accordingly, any requirements in relation to that decision now apply). (8) The Mayor of London must give notice of the Mayor’s decision under subsection (7) to— (a) each interested party; (b) any person who made relevant representations in relation to the application under section 35. (9) On receipt of a notice under subsection (8), the London licensing authority must as soon as reasonably practicable advertise the decision of the Mayor. (10) The Secretary of State must by regulations specify the form and manner in which an advertisement under subsection (9) must be made. (11) In this section— - “application to vary of potential strategic importance to Greater London” means an application to vary a premises licence that has been notified to the London licensing authority by the Greater London Authority under section 34A(3) as being of potential strategic importance to Greater London; - “interested party” has the same meaning as in section 34A; - “specified” means specified in regulations made by the Secretary of State. (41ZB) (1) Where section 41ZA(7)(a) applies the Mayor of London must direct the London licensing authority— (a) to grant the application in whole with or without such permitted modifications to the conditions of the licence as may be specified in the direction, (b) to reject the application in whole, or (c) to grant part of the application with or without such permitted modifications to the conditions of the licence as may be specified in the direction (and to reject the other part of the application). (2) The Mayor may only give a direction to the London licensing authority under subsection (1)(b) or (c) to reject the application in whole or in part if the application, or that part of the application, was rejected by the authority under section 35(4)(b). (3) The London licensing authority must grant or reject the application in accordance with the direction given under subsection (1). (4) Subsection (1)(a) and (c) are subject to sections 19 to 21 (which require certain conditions to be included in premises licences). (5) A direction under this section may not require a licence to be varied so as— (a) to extend the period for which the licence has effect, or (b) to vary substantially the premises to which it relates. (6) Directions given under subsection (1)(a) or (c) may have the effect of requiring a premises licence to be varied so as to have effect subject to different conditions in respect of— (a) different parts of the premises concerned; (b) different licensable activities. (7) When giving a direction under this section the Mayor must have regard to— (a) the licensing policy statement published by the Mayor under section 8A, and (b) the importance of promoting the licensing objectives. (8) A direction under this section must state the Mayor’s reasons for giving that direction. (9) For the purposes of subsection (1)(a) and (c), the conditions are modified if any of them is altered or omitted or any new condition is added. (10) For the purposes of subsection (1)(a) or (c), a modification to a condition is “permitted” if— (a) the condition was modified by the London licensing authority when granting the application in whole or in part under section 35(4)(a), and the modification is— (i) the same as that modification, or (ii) in the Mayor’s opinion less restrictive than that modification (but see subsection (11)), or (b) the condition relates to an application, or part of an application, that was rejected by the London licensing authority under subsection 35(4)(b). (11) The Mayor may not make a modification to a condition under subsection (10)(a)(ii) if the effect of the modification would be that the condition would apply to a different part of the premises, or to different licensable activities, than that it applied to as modified by the London licensing authority under section 35(4)(a). (41ZC) (1) The obligations on the Mayor of London under section 41ZA(7) or 41ZB in relation to an application to vary of potential strategic importance to Greater London cease to apply if the conditions in subsection (2) are met in relation to the obligation in question. (2) The conditions in this subsection are met if— (a) the London licensing authority that made the decision under section 35 in relation to the application to vary the premises licence has, before the relevant time, made an intervening decision in relation to the licence, and (b) the authority has given notice of that decision to the Mayor of London. (3) In this section, an “intervening decision” means a decision— (a) to take any of the steps under section 52(4) on an application for review of the licence; (b) to take any of the steps under section 53C(3) on an application by a senior police officer for review of the licence; (c) to take any of the steps under section 167(6) on a review of the licence following a closure order. (4) The “relevant time” for the purposes of subsection (2)(a)— (a) in relation to the obligation to make a decision under section 41ZA(7), is the time at which the Mayor makes the decision, (b) in relation to an obligation to give a direction under section 41ZB, is the time at which the direction is given. (41ZD) (1) A London licensing authority that grants an application (or any part of an application) on a direction under section 41ZB must as soon as possible give notice to that effect to— (a) the applicant, (b) each responsible authority in relation to the premises to which the application relates, (c) any person who made relevant representations under section 35 in respect of the application, and (d) the chief officer of police for the police area (or each police area) in which the premises are situated. (2) The notice under subsection (1) must— (a) specify the time when any variation takes effect, and (b) specify any modifications to conditions of the licence. (3) The time for the purposes of subsection (2) is the time specified in the application or, if that time is before the applicant is given notice under this section, such later time as the London licensing authority specifies in the notice. (4) A London licensing authority that rejects an application (or any part of an application) on a direction under section 41ZB must as soon as possible give notice to that effect to— (a) the applicant, (b) each responsible authority in relation to the premises to which the application relates, (c) any person who made relevant representations under section 35 in respect of the application, and (d) the chief officer of police for the police area (or each police area) in which the premises are situated. (5) A notice under subsection (1) or (4) must state the Mayor’s reasons for giving the direction as notified to the London licensing authority under section 41ZB(8).

16

In section 54 (form of applications and notices)—

• (a) in paragraph (a), after “form” insert “or content”;

• (b) after paragraph (b) insert—

(ba) the period within which it is to be made or given;

17

In section 56 (licensing authority’s duty to update licence document), in subsection (1), after paragraph (a) insert—

(aa) a London licensing authority, in relation to a premises licence, is subject to a direction under section 41ZB (directions by Mayor of London),

18

In section 181 (appeals against decisions of licensing authorities)—

• (a) in the heading, after “licensing authorities” insert “or the Mayor of London”;

• (b) in subsection (1), after “licensing authorities” insert “or the Mayor of London”;

• (c) in subsection (2), in the opening words, after “licensing authority” insert “or the Mayor of London”;

• (d) in subsection (2)(b), after “authority” insert “or (as the case may be) the Mayor”;

• (e) in subsection (2)(c), after “authority” insert “or (as the case may be) the Mayor”.

19

In section 185 (provision of information)—

• (a) in subsection (1)—

• (i) the words from “information which” to the end become paragraph (a);

• (ii) after that paragraph insert

, and (b) information which is held by or on behalf of the Mayor of London in connection with the Mayor’s functions under this Act.

• (b) in subsection (2)—

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

• (ii) at the end of paragraph (b) insert

or (c) to the Mayor of London,

• (iii) in the closing words, after “functions” insert “or the Mayor’s functions”;

• (c) in subsection (3), for “or responsible authority” substitute “, responsible authority or the Mayor of London”.

20

In Schedule 5 (appeals)—

• (a) after paragraph 1 insert—

(1A) Where the Mayor of London gives a direction to a London licensing authority— (a) to reject an application for a premises licence under section 25C, or (b) to reject (in whole or in part) an application to vary a premises licence under section 41ZB, the applicant may appeal against the direction.

• (b) after paragraph 2 insert—

(2A) (1) This paragraph applies where the Mayor of London gives a direction to a London licensing authority under section 25C to grant a premises licence. (2) The holder of the licence may appeal against the following aspects of any such direction— (a) to impose conditions on the licence under subsection (1)(a)(i) of that section; (b) to impose conditions on the licence under subsection (1)(b)(i) of that section; (c) to exclude licensable activities from the scope of the licence under subsection (1)(c)(i) of that section; (d) to refuse to specify a person in the licence as the premises supervisor under subsection (1)(c)(ii) of that section. (3) A person who made relevant representations in relation to the application under section 18 may appeal against the Mayor’s direction to grant the licence on the following basis— (a) that the licence ought not to have been granted, or (b) that the direction ought to have imposed different or additional conditions under section 25C(1)(a)(i) or (b)(i), or to have taken a step mentioned in section 25C(1)(c)(i) or (ii).

• (c) in the heading of paragraph 4, after “35” insert “or 41ZB”;

• (d) after paragraph 4 insert—

(4A) (1) This paragraph applies where the Mayor of London gives a direction to a London licensing authority under section 41ZB to grant an application to vary a premises licence (in whole or in part). (2) The applicant may appeal against any direction under that section to make permitted modifications to the conditions of the licence. (3) A person who made relevant representations in relation to the application under section 35 may appeal against the Mayor’s direction to grant the application on the following basis— (a) that any variation made ought not to have been made, or (b) that, when directing the licence to be varied, the Mayor ought not to have directed that permitted modifications be made to the conditions of the licence, or ought to have directed that different permitted modifications be made to the conditions. (4) In sub-paragraph (3), “permitted modifications” has the meaning given in section 41ZB(10).

• (e) in paragraph 9—

• (i) in sub-paragraph (2), for the words from “the day” to the end substitute—

(a) on an appeal under paragraph 1A, 2A or 4A, the day on which the appellant was notified by the London licensing authority of the outcome of the direction appealed against, and (b) on any other appeal under this Part, the day on which the appellant was notified by the licensing authority of the decision appealed against.

• (ii) after sub-paragraph (3) insert—

(3A) On an appeal under paragraph 2A(3) or 4A(3), the holder of the premises licence is to be the respondent in addition to the Mayor of London.

21

• (1) The Secretary of State may by regulations repeal the provisions of the Licensing Act 2003 as inserted by paragraphs 2 to 20 of this Schedule and as amended from time to time.

• (2) The power under sub-paragraph (1) expires at the end of the period of five years beginning with the day on which this Schedule comes into force.

• (3) Regulations under this paragraph may make consequential, supplementary or incidental provision under section 105(2) which amends, repeals or revokes any legislation (whenever passed or made).

• (4) Regulations under this paragraph are subject to affirmative resolution procedure.

Schedule 27 — Powers to make regulations in relation to functions of strategic authorities and mayors

Part 1 — Conferral and modification of functions

Strategic authorities outside London

1

• (1) Regulations may make provision conferring an eligible function on the strategic authorities within a class specified in sub-paragraph (3).

• (2) Regulations may make provision modifying a function as it is exercisable by the strategic authorities within a class specified in sub-paragraph (3).

• (3) These are the classes referred to in sub-paragraphs (1) and (2)—

• (a) the single foundation strategic authorities;

• (b) the single foundation strategic authorities that are district councils;

• (c) the single foundation strategic authorities that are county councils;

• (d) the combined foundation strategic authorities;

• (e) the mayoral strategic authorities other than the established mayoral strategic authorities;

• (f) the established mayoral strategic authorities other than the GLA.

• (4) Regulations may not be made under this section unless the Secretary of State is satisfied that it is appropriate to do so having regard to the need to secure the effective exercise of the function concerned.

• (5) See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.

• (6) Before making regulations under this paragraph the Secretary of State must consult the following—

• (a) the affected strategic authorities;

• (b) the mayors of any of the affected strategic authorities that are mayoral strategic authorities;

• (c) the constituent councils of any affected strategic authorities that are combined authorities or CCAs;

• (d) any other person who exercises the function to which the regulations relate;

• (e) any other persons that the Secretary of State considers it appropriate to consult.

• (7) In this paragraph “affected strategic authorities” means the strategic authorities—

• (a) on which a function would be conferred by regulations under sub-paragraph (1), or

• (b) whose exercise of a function would be affected by regulations under sub-paragraph (2).

Mayors outside London

2

• (1) Regulations may make provision conferring an eligible function on the mayors within a class specified sub-paragraph (3).

• (2) Regulations may make provisions modifying a function as it is exercisable by the mayors within a class specified in sub-paragraph (3).

• (3) These are the classes referred to in sub-paragraphs (1) and (2)—

• (a) mayors for the areas of mayoral strategic authorities other than the established mayoral strategic authorities;

• (b) mayors for the areas of established mayoral strategic authorities other than the Mayor of London.

• (4) Regulations may not be made under this section unless the Secretary of State is satisfied that it is appropriate to do so having regard to the need to secure the effective exercise of the function concerned.

• (5) See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.

• (6) Before making regulations under this paragraph the Secretary of State must consult the following—

• (a) the affected mayors;

• (b) the strategic authorities for whose areas the affected mayors are the mayor;

• (c) the constituent councils of those strategic authorities;

• (d) any other person who exercises the function to which the regulations relate;

• (e) any other persons that the Secretary of State considers it appropriate to consult.

• (7) In this paragraph “affected mayors” means the mayors—

• (a) on which a function would be conferred by regulations under sub-paragraph (1), or

• (b) whose exercise of a function would be affected by regulations under sub-paragraph (2).

GLA

3

• (1) Regulations may make provision conferring an eligible function on the GLA, the Mayor of London or a GLA functional body.

• (2) Regulations may make provision modifying a function as it is exercisable by the GLA, the Mayor of London or a GLA functional body.

• (3) Regulations may not be made under this section unless the Secretary of State is satisfied that it is appropriate to do so having regard to the need to secure the effective exercise of the function concerned.

• (4) See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.

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

• (a) the Mayor of London,

• (b) the London Assembly,

• (c) in the case of regulations conferring a function on, or modifying a function of, a GLA functional body, that functional body;

• (d) the London Borough councils;

• (e) the Common Council of the City of London;

• (f) any other person who exercises the function to which the regulations relate;

• (g) any other persons that the Secretary of State considers it appropriate to consult.

Interpretation

4

In this Part of this Schedule—

• “eligible function” means a function which— is a function of a public authority, and relates to any aspect of any area of competence;

• “function”— includes a power to make byelaws; but does not include a power to make any other instruments of a legislative character (including regulations);

• “public authority” includes a Minister of the Crown or a government department.

Part 2 — Movement of functions between mayors and strategic authorities

Functions moving from strategic authorities to mayors outside London

5

• (1) Regulations may provide for a function of—

• (a) the mayoral strategic authorities other than the established mayoral strategic authorities, or

• (b) the established mayoral strategic authorities other than the GLA,

to be exercisable by the mayors for the areas of those authorities.

• (2) Regulations under this paragraph may provide for the function to be exercisable by the mayors—

• (a) solely;

• (b) concurrently or jointly with another person by which the function is already exercisable.

• (3) Regulations under this paragraph which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by the other person alone.

• (4) Before making regulations under this paragraph the Secretary of State must consult the following—

• (a) the affected strategic authorities;

• (b) the mayors of the affected strategic authorities;

• (c) the constituent councils of the affected strategic authorities;

• (d) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;

• (e) any other persons that the Secretary of State considers it appropriate to consult.

• (5) In this paragraph “affected strategic authorities” means the strategic authorities to whose function regulations under this paragraph relate.

Functions moving from mayors to strategic authorities outside London

6

• (1) Regulations may provide for a function of the mayors for the areas of —

• (a) the mayoral strategic authorities other than the established mayoral strategic authorities, or

• (b) the established mayoral strategic authorities other than the Mayor of London,

to be exercisable by those authorities.

• (2) Regulations under this paragraph may provide for the function to be exercisable by the authorities—

• (a) solely;

• (b) concurrently or jointly with another person by which the function is already exercisable.

• (3) Regulations under this paragraph which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by the other person alone.

• (4) Before making regulations under this paragraph the Secretary of State must consult the following—

• (a) the affected mayors;

• (b) the strategic authorities for whose areas the affected mayors are the mayor;

• (c) the constituent councils of those strategic authorities;

• (d) any other person who exercises the function to which the regulations relate;

• (e) any other persons that the Secretary of State considers it appropriate to consult.

• (5) In this paragraph “affected mayors” means the mayors to whose function regulations under this paragraph relate.

GLA functions

7

• (1) Regulations may provide for a function of any of the following (the “current GLA holder”)—

• (a) the GLA;

• (b) the Mayor of London;

• (c) a GLA functional body;

to be exercisable by another of them (the “new GLA holder”).

• (2) Regulations under this paragraph may provide for the function to be exercisable by the new GLA holder—

• (a) solely;

• (b) concurrently or jointly with another person by which the function is already exercisable.

• (3) Regulations under this paragraph which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by the current GLA holder or other person alone.

• (4) Before making regulations under this paragraph the Secretary of State must consult the following—

• (a) the Mayor of London;

• (b) the London Assembly;

• (c) in a case where the current GLA holder or new GLA holder is a GLA functional body, that functional body;

• (d) the London Borough councils;

• (e) the Common Council of the City of London;

• (f) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;

• (g) any other persons that the Secretary of State considers it appropriate to consult.

Part 3 — Exercise of functions

Strategic authorities outside London

8

• (1) Regulations may make provision about the exercise of a function by any of these classes of strategic authorities (except for provision about voting on decisions to exercise the function — see Part 4 of this Schedule)—

• (a) the single foundation strategic authorities;

• (b) the single foundation strategic authorities that are district councils;

• (c) the single foundation strategic authorities that are county councils;

• (d) the combined foundation strategic authorities;

• (e) the mayoral strategic authorities other than the established mayoral strategic authorities;

• (f) the established mayoral strategic authorities other than the GLA.

• (2) Before making regulations under this paragraph the Secretary of State must consult the following—

• (a) the affected strategic authorities;

• (b) the constituent councils of any affected strategic authorities that are combined authorities or CCAs;

• (c) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;

• (d) any other persons that the Secretary of State considers it appropriate to consult.

• (3) In this paragraph “affected strategic authorities” means the strategic authorities to whose function regulations under this paragraph relate.

Mayors outside London

9

• (1) Regulations may make provision about the exercise of a function by the mayors of any of these classes of strategic authorities—

• (a) the mayoral strategic authorities other than the established mayoral strategic authorities;

• (b) the established mayoral strategic authorities other than the GLA.

• (2) Before making regulations under this paragraph the Secretary of State must consult the following—

• (a) the affected mayors;

• (b) the strategic authorities for whose areas the affected mayors are the mayor;

• (c) the constituent councils of those strategic authorities;

• (d) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;

• (e) any other persons that the Secretary of State considers it appropriate to consult.

• (3) In this paragraph “affected mayors” means the mayors to whose function regulations under this paragraph relate.

London

10

• (1) Regulations may make provision about the exercise of a function by—

• (a) the GLA,

• (b) the Mayor of London, or

• (c) a GLA functional body,

except for provision about voting on decisions to exercise the function.

• (2) Before making regulations under this paragraph the Secretary of State must consult the following—

• (a) the Mayor of London;

• (b) the London Assembly;

• (c) in the case of a function of a GLA functional body, that functional body;

• (d) the London Borough councils;

• (e) the Common Council of the City of London;

• (f) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;

• (g) any other persons that the Secretary of State considers it appropriate to consult.

Particular provision

11

• (1) The provision that may be made under this Part of this Schedule includes provision for—

• (a) consent to be obtained before the function can be exercised;

• (b) consultation to take place before the function can be exercised;

• (c) conditions to be met before the function can be exercised;

• (d) the function to be exercisable subject to conditions or limitations specified in the regulations;

• (e) a function to be exercisable—

• (i) solely;

• (ii) concurrently or jointly with another person by which the function is already exercisable;

• (f) joint working arrangements in connection with the function (for example, provision for the function to be exercised by a joint committee).

• (2) Regulations under this Part of this Schedule which provide for a function to be exercisable jointly with another person may provide for the function to also be exercisable by that other person alone.

Part 4 — Voting on decisions

Strategic authorities outside London

12

• (1) Regulations may make provision about voting, by any of these classes of strategic authorities, on decisions to exercise a particular function—

• (a) the combined foundation strategic authorities;

• (b) the mayoral strategic authorities other than the established mayoral strategic authorities;

• (c) the established mayoral strategic authorities other than the GLA.

• (2) The provision that may be made under this paragraph includes provision for—

• (a) a decision to be made by a CCA or CCAs otherwise than in accordance with section 13A of LURA 2023;

• (b) a decision to be made by a combined authority or combined authorities otherwise than in accordance with section 104CA of LDEDCA 2009;

• (c) a decision to require a particular kind of majority (including a majority which includes a vote or votes of a particular kind of person).

• (3) Before making regulations under this paragraph the Secretary of State must consult the following—

• (a) the affected strategic authorities;

• (b) the constituent councils of any affected strategic authorities that are combined authorities or CCAs;

• (c) any other person who exercises the function to which the regulations relate, if their power to exercise it would be affected by the regulations;

• (d) any other persons that the Secretary of State considers it appropriate to consult.

• (4) In this paragraph “affected strategic authorities” means the strategic authorities to whose decision-making regulations under this paragraph relate.

Part 5 — Particular provision that may or may not be made by regulations

Consequential abolition of public body

13

Regulations under this Schedule may, in particular, include provision to abolish the public authority in a case where, as a result of the regulations, it will no longer have any functions.

Prohibition of self-regulation

14

• (1) Regulations under this Schedule may not provide for a regulatory function that is exercisable by a public authority in relation to the whole of England to be exercisable by the recipients if the regulated function is itself exercisable by any or all of the recipients.

• (2) In this paragraph—

• “recipient” means an authority, mayor or body on which a function would be or has been conferred by regulations under this Schedule;

• “regulated function” means the function of carrying out an activity to which a regulatory function relates;

• “regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006.

References to documents

15

• (1) This paragraph applies where regulations under this Schedule contain a reference to a document specified or described in the regulations (for example, in imposing a condition by virtue of paragraph 11(1)(d) for recipients to have regard to, or to comply with, a statement of policy or standards set out in the document).

• (2) If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed—

• (a) as a reference to that document as amended from time to time, or

• (b) as including a reference to a subsequent document that replaces that document,

the regulations may make express provision to that effect.

Functions which cannot be exercised by all strategic authorities or mayors in a class

16

• (1) This paragraph applies to a power under this Schedule to make provision in relation to a function and a class of strategic authorities or mayors (the “relevant class”).

• (2) The power must be read as enabling regulations to make the provision in relation to the function and relevant class even if that function is not, or would not be, capable of exercise by some of the strategic authorities or mayors within that class for any reason.

• (3) Those reasons include the function being exercisable in relation to a thing or location which does not exist in the area of a strategic authority.

Exercise of functions may begin at different times etc

17

• (1) This paragraph applies to a power under this Schedule to confer a function on, or provide for a function to be exercisable by, a class of strategic authorities or mayors (the “relevant class”).

• (2) The power includes—

• (a) the power to provide for the function to begin to be exercisable by different members of the relevant class at different times or in different circumstances;

• (b) the power to make further regulations which specify the times at which, or circumstances in which, the function is to begin to be exercisable by different members of the relevant class.

• (3) Regulations under sub-paragraph (2)(b) may be made in relation to different members of the relevant class at different times.

• (4) In this paragraph “different members” of the relevant class includes members of the relevant class that are of different descriptions specified in regulations made under the power.

Amendment of legislation

18

Regulations under this Schedule may amend, apply (with or without modifications), disapply, repeal or revoke any legislation whenever passed or made.

Part 6 — Pilot schemes

Power to establish pilot scheme

19

• (1) Regulations may make permitted provision for a period specified in the regulations (the “piloting period”).

• (2) The piloting period must initially be a period of three years or shorter.

• (3) But—

• (a) the Secretary of State may by regulations provide that the piloting period is to continue after the time when it would otherwise expire for a period not exceeding two years (and may make such regulations more than once);

• (b) a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

Consent to pilot scheme

20

A pilot scheme may not make provision which relates to a strategic authority, mayor or GLA functional body unless that authority, mayor or body consents to the provision.

Pilot scheme for some strategic authorities or mayors in a class

21

• (1) This paragraph applies to permitted provision that may be made under another Part of this Schedule only in relation to a class of strategic authorities or mayors (the “relevant class”).

• (2) A pilot scheme may make that permitted provision in relation to one or some of the strategic authorities or mayors in that class (despite the fact that such provision could not be made under the other Part of this Schedule).

• (3) For that purpose—

• (a) where the relevant class consists of combined authorities and CCAs, the constituent councils of those authorities are “linked to” those authorities;

• (b) where the relevant class consists of mayoral strategic authorities, the mayors for the areas of those authorities are “linked to” those authorities;

• (c) where the relevant class consists of the mayors of combined authorities and CCAs, those authorities are “linked to” those mayors.

Impact report

22

• (1) A pilot scheme must include provision requiring the or each strategic authority, mayor or GLA functional body to which the pilot scheme relates—

• (a) to produce an impact report, and

• (b) to provide it to the Secretary of State.

• (2) The pilot scheme must specify when the impact report is to be provided to the Secretary of State.

• (3) An “impact report” produced by a strategic authority, mayor or GLA functional body is a report on whether, in the opinion of that authority, mayor or body, the pilot scheme has been successful.

• (4) An impact report may include a request for the Secretary of State to extend the piloting period by regulations under paragraph 19(3)(a).

Response to a pilot scheme

23

• (1) This paragraph applies if the time for producing the impact report in relation to a pilot scheme has passed.

• (2) The Secretary of State must decide whether the pilot scheme has been successful.

• (3) If the Secretary of State decides that the function pilot scheme has been successful, the Secretary of State must also decide whether or not the changes made by the pilot scheme should be given effect after the end of the piloting period by the making of any of the following (the “resulting secondary legislation”)—

• (a) regulations under any other Part of this Schedule;

• (b) an order under Chapter 2 of Part 6 of LDEDCA 2009;

• (c) regulations under Chapter 1 of Part of LURA 2023;

• (d) regulations under section 16 of the Cities and Local Government Devolution Act 2016.

• (4) In making those decisions, the Secretary of State must—

• (a) take into account any impact report or reports produced in relation to the pilot scheme;

• (b) consult—

• (i) the or each strategic authority, mayor or GLA functional body to which the pilot scheme relates,

• (ii) each strategic authority, mayor and GLA functional body to which the resulting secondary legislation would relate (if it were made), and

• (iii) any other person which the Secretary of State considers it appropriate to consult.

Interpretation

24

• (1) In this Part of this Schedule—

• “permitted provision” means provision that may be made under any other Part of this Schedule;

• “pilot scheme” means regulations under paragraph 19;

• “piloting period” has the meaning given in paragraph 19(1);

• “successful” has the meaning given in sub-paragraph (2).

• (2) For the purposes of this Part of this Schedule, a pilot scheme is “successful” if the changes made by it secured, or contributed to securing, the effective exercise of functions in relation to the areas of competence.

Part 7 — Making of regulations

Powers to be exercisable by the Secretary of State

25

In this Schedule “regulations” means regulations made by the Secretary of State.

Parliamentary scrutiny

26

• (1) Regulations under paragraph 19(3)(a) are subject to negative resolution procedure.

• (2) Any other regulations under this Schedule are subject to affirmative resolution procedure.

Mayoral strategic authorities: period before first mayor takes office

27

• (1) The fact that a mayoral strategic authority is in the preparatory phase—

• (a) does not prevent regulations under this Schedule from making provision which applies to—

• (i) the mayor for its area, or

• (ii) the mayoral strategic authority; and

• (b) where a provision of this Schedule requires consultation with the members of a class which includes the mayoral strategic authority or the mayor for its area, does not—

• (i) prevent that requirement from being complied with by a consultation that does not involve the mayor, or

• (ii) require further consultation with the mayor after the first mayor has taken office.

• (2) Any power under this Schedule to make provision in relation to mayoral strategic authorities or mayors (the “relevant class”) must be read as enabling regulations to make provision in relation to the relevant class which applies only to—

• (a) those of the mayoral strategic authorities in the relevant class which are in the preparatory phase, or

• (b) those of the mayors in the relevant class that are mayors for the areas of mayoral strategic authorities which are in the preparatory phase.

• (3) Regulations under this Schedule may make provision which applies only to—

• (a) mayoral strategic authorities which are in a preparatory phase that is of a duration specified in the regulations, or

• (b) mayors for the areas of mayoral strategic authorities which are in a preparatory phase that is of a duration specified in the regulations.

• (4) For the purposes of this paragraph a mayoral strategic authority is in the “preparatory phase”—

• (a) after the authority has been established, but

• (b) before the first mayor for the authority’s area has taken office.

Schedule 28 — Arrangement relating to single tiers of local government

Merger of single tiers of local government etc

1

• (1) LGPIHA 2007 is amended as follows.

• (2) After section 2 insert—

(2A) (1) The Secretary of State may invite or direct a relevant principal authority to make a proposal that there should be one or more single tiers of local government for an area which currently consists of— (a) the area of that authority, and (b) one or more other eligible areas. (2) A principal authority is a “relevant principal authority” for the purposes of subsection (1) if it is the district or county council for an area for which there is currently a single tier of local government. (3) An “eligible area” is an area for which there is a single tier of local government. (4) An invitation or direction may— (a) be such that the authority may choose which eligible areas (other than the area of that authority) should form the proposed area for the new single tier of local government; (b) specify which eligible areas (other than the area of that authority) should form the proposed area for the new single tier of local government.

• (3) In section 3 (invitations, directions and proposals: supplementary)—

• (a) for subsection (1) substitute—

(1) A direction under section 2 or 2A may be given on or after the day on which this subsection comes into force. (1A) A direction under section 2 or 2A may only be given where the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.

• (b) in subsection (2), after “2” insert “or 2A”;

• (c) in subsection (3), after “2” insert “or 2A”;

• (d) in subsection (5)—

• (i) after “2” insert “or 2A”;

• (ii) for “that section” substitute “either of those sections”;

• (e) in subsection (6), after “2” insert “or 2A”;

• (f) in subsection (7), after “2” insert “or 2A”;

• (g) omit subsection (8).

• (4) In section 4 (request for Local Government Boundary Commission’s advice), in subsection (1), after “2” insert “or 2A”.

• (5) In section 5 (Local Government Boundary Commission’s powers)—

• (a) in subsection (4), for the words from “the Type” to the end substitute—

(a) in relation to a proposal in response to an invitation or direction under section 2, the Type A, Type B, Type C or combined proposal to which the request for advice related, or (b) in relation to a proposal in response to an invitation or direction under section 2A, the proposal to which the request for advice related.

• (b) in subsection (5), for paragraphs (a) and (b) substitute—

(a) in relation to a proposal in response to an invitation or direction under section 2— (i) a proposal that there should be a single tier of local government for an area that is, or includes, the whole or part of the county concerned, and is specified in the alternative proposal, or (ii) a proposal consisting of two or more proposals that are within paragraph (i) (and are not alternatives to one another); (b) in relation to a proposal in response to an invitation or direction under section 2A, a proposal that there should be one or more single tiers of local government for an area that— (i) includes the relevant area and one or more other areas for which there is a single tier of local government, and (ii) is specified in the alternative proposal.

• (c) in subsection (6)(a), after “(4)” insert “(a)”;

• (d) after subsection (6) insert—

(6A) In this section the “relevant area” means— (a) the area of the relevant principal authority which made the proposal referred to in subsection (4)(b), or (b) where that proposal was made by more than one relevant principal authority, the area of any of those authorities.

• (6) In section 7 (implementation of proposals by order)—

• (a) in subsection (1), after “2” insert “or 2A”;

• (b) in subsection (4), after “a proposal” insert “in response to an invitation or direction under section 2”;

• (c) after subsection (4) insert—

(4A) For the purposes of this section an authority is “affected by” a proposal in response to an invitation or direction under section 2A if— (a) it is the district or county council for an area for which there is currently a single tier of local government, and (b) that area would fall within the proposed new single tier of local government.

• (7) In section 11 (implementation orders: provision that may be included)—

• (a) after subsection (4)(e) insert—

(ea) where the order makes provision for a single tier of local government for an area that comprises or includes the area of a combined authority or combined county authority, for the abolition of the combined authority or combined county authority;

• (b) after subsection (7) insert—

(8) In this section, “combined authority” and “combined county authority” have the same meaning as in section 11A (see subsection (10) of that section).

• (8) After section 11 insert—

(11A) (1) This section applies where the implementation of a proposal in response to an invitation or direction under section 2 or 2A means that the area of a combined county authority— (a) will no longer meet condition A in section 9(2) of the Levelling-Up and Regeneration Act 2023 (area of combined county authority), but (b) will meet condition A in section 103(2) of the Local Democracy, Economic Development and Construction Act 2009 (area of combined authority). (2) The Secretary of State may by regulations make provision that the relevant body corporate is to continue in existence but— (a) is no longer a combined county authority, and (b) is instead a combined authority. (3) Accordingly, where regulations make provision under subsection (2), the combined authority and the combined county authority are the same person in law. (4) The Secretary of State may by regulations make provision that the relevant office of mayor (if any) is to continue in existence but— (a) is no longer the office of mayor for the area of the combined county authority, and (b) is instead the office of mayor for the area of the combined authority. (5) Accordingly, where regulations make provision under subsection (4)— (a) the office of mayor for the area of the combined authority and the office of mayor for the area of the combined county authority is the same office in law; (b) the person who holds the relevant office of mayor continues to hold that office. (6) The power to make regulations under this section includes power to make incidental, consequential, transitional or supplementary provision. (7) The power to make provision under subsection (6) includes (but is not limited to) provision— (a) for the combined authority to be treated for some or all purposes as if it is a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (b) for the office of mayor for the area of the combined county authority to be treated for some or all purposes as if it is provided for under section 107A of the Local Democracy, Economic Development and Construction Act 2009. (8) Provision made under this section may— (a) modify, disapply or apply (with or without modifications) any enactment; (b) repeal or revoke any enactment with or without savings. (9) In this section “enactment” includes— (a) this Act (other than a provision of this Part); (b) an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978 (whenever passed or made), but it does not include an Act other than this Act. (10) In this section— - “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; - “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; - “modify” includes amend; - “relevant body corporate” means the body corporate which the combined county authority was established as; - “relevant office of mayor” means the office of mayor for the area of the combined county authority.

• (9) In section 240 (orders, regulations and guidance), in subsection (6), in the opening words, after “regulations under section” insert “11A,”.

Schedule 29 — Local authority governance and executives

Requirements to have and retain leader and cabinet executive

1

• (1) LGA 2000 is amended in accordance with this paragraph.

• (2) In section 9B (permitted forms of governance for local authorities in England)—

• (a) after subsection (1) insert—

(1A) But— (a) a local authority may operate a committee system only— (i) if it is operating a committee system immediately before section 61 of the English Devolution and Community Empowerment Act 2026 comes into force, and (ii) for as long as the operation of a committee system is consistent with the provisions of section 9K; and (b) a new local authority must operate executive arrangements which provide for a leader and cabinet executive (England).

• (b) in subsection (4), after the definition of “executive arrangements” insert—

• “new local authority” means a local authority established on or after the day on which section 61 of the English Devolution and Community Empowerment Act 2026 comes into force by an order made under section 7 or 10 of the Local Government and Public Involvement in Health Act 2007;

• (3) In section 9C (local authority executives), after subsection (3) insert—

(3A) Subsections (1) to (3) are subject to section 9B(1A)(b) (new local authority must have a leader and cabinet executive (England)).

• (4) After section 9KA insert—

(9KAA) (1) A local authority which is operating a leader and cabinet executive (England) must not cease to operate— (a) executive arrangements, or (b) a leader and cabinet executive (England). (2) That duty applies to a local authority whenever it began to operate the leader and cabinet executive (England).

Duty to move from committee system to leader and cabinet executive (England)

2

• (1) The LGA 2000 is amended in accordance with this paragraph.

• (2) For section 9K (changing from one form of governance to another) substitute—