English Devolution and Community Empowerment Act 2026
(40C) (1) The Mayor of London (“mayor A”) may make a request to another elected mayor (“mayor B”) for the mayors to collaborate in relation to a matter relating to any aspect of any area of competence. (2) A collaboration request must specify— (a) the matter on which mayor A wants the mayors to collaborate, and (b) the way in which mayor A wants the mayors to collaborate. (3) Mayor A may make a collaboration request only if mayor A considers that the requested collaboration would be likely to improve the economic, social or environmental well-being of— (a) some or all of the people who live or work in Greater London, or (b) some or all of the people who live or work in Greater London and some or all of the people who live or work in mayor B’s area. (4) Mayor A may make a collaboration request only if Greater London adjoins mayor B’s area. (5) A collaboration request must be in writing. (6) Mayor A must publish, in such manner as the mayor thinks appropriate, any collaboration request which the mayor makes. (7) The Mayor of London must have regard to any guidance issued by the Secretary of State in exercising powers, and complying with duties, under this section. (8) Section 40E makes provision about collaboration requests made by, or to, two or more elected mayors. (9) In this section, section 40D and section 40E— - “area of competence” has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 2 of that Act); - “collaboration request” means a request made under subsection (1); - “elected mayor” means— the Mayor of London, the mayor for the area of a combined authority, or the mayor for the area of a combined county authority; - “mayor A” has the meaning given in subsection (1); - “mayor B” has the meaning given in subsection (1); - “mayor B’s area” means the area for which mayor B is the mayor. (40D) (1) In a case where a collaboration request is made to mayor B, the mayor must— (a) consider the collaboration request and decide how to respond, (b) set out the response in writing, (c) give the response to mayor A, and (d) publish, in such manner as the mayor thinks appropriate, the response. (2) In considering the collaboration request and deciding how to respond, mayor B must have regard to the economic, social and environmental well-being of some or all of the people who live or work in mayor B’s area. (3) If mayor B decides not to agree to the collaboration request, or any part of it, mayor B must— (a) give the reasons for that decision, and (b) include the reasons in the response to mayor A. (4) Mayors to whom collaboration requests are made must have regard to any guidance issued by the Secretary of State in exercising the powers, and complying with the duties, under this section. (40E) (1) Two or more elected mayors (the “requesting mayors”) may make a collaboration request to a single elected mayor (the “potential collaborating mayor”) if— (a) at least one of the requesting mayors is the Mayor of London, and (b) each requesting mayor’s area meets the neighbour test. (2) For that purpose, a requesting mayor’s area meets the neighbour test if that area— (a) adjoins every other requesting mayor’s area, and (b) adjoins the potential collaborating mayor’s area. (3) If two or more elected mayors make a collaboration request to a single elected mayor— (a) sections 40C and 40D apply in relation to each of the requesting mayors separately, and (b) accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor. (4) The Mayor of London (the “requesting mayor”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if each potential collaborating mayor’s area meets the neighbour test. (5) For that purpose, a potential collaborating mayor’s area meets the neighbour test if that area adjoins Greater London. (6) If the Mayor of London makes a collaboration request to two or more elected mayors— (a) sections 40C and 40D apply in relation to each of the potential collaborating mayors separately, and (b) accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor. (7) Two or more elected mayors (the “requesting mayors”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if— (a) at least one of the requesting mayors is the Mayor of London, (b) each requesting mayor’s area meets the neighbour test, and (c) each potential collaborating mayor’s area meets the neighbour test. (8) For the purposes of subsection (7), a requesting mayor’s area meets the neighbour test if that area— (a) adjoins every other requesting mayor’s area, and (b) adjoins every potential collaborating mayor’s area. (9) For the purposes of subsection (7), a potential collaborating mayor’s area meets the neighbour test if that area adjoins every requesting mayor’s area. (10) If two or more elected mayors make a collaboration request to two or more elected mayors— (a) sections 40C and 40D apply in relation to each of the requesting mayors separately, and (b) accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor; (c) sections 40C and 40D apply in relation to each of the potential collaborating mayors separately, and (d) accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor. (11) In this section— - “potential collaborating mayor’s area” means the area for which a potential collaborating mayor is the mayor; - “requesting mayor’s area” means the area for which a requesting mayor is the mayor.
Transport and local infrastructure
Regulation of provision of micromobility vehicles
24
Schedule 7 confers on strategic authorities, and local authorities where there is no strategic authority, powers to regulate the provision of micromobility vehicles.
Arrangements to carry out works on highways
25
Schedule 8 makes provision about arrangements made by combined authorities and CCAs to carry out works on highways.
Charges payable by undertakers executing works in maintainable highways
26
Schedule 9 makes provision about charges payable by undertakers executing works in maintainable highways.
Civil enforcement of traffic contraventions
27
Schedule 10 confers on combined authorities and CCAs functions in relation to civil enforcement of traffic contraventions.
Restrictions on disposal of land by Transport for London
28
- (1) The GLAA 1999 is amended as follows.
- (2) In section 163(1), in the words after paragraph (b), for “Secretary of State” substitute “appropriate person”.
- (3) In section 163(2), for “Secretary of State” substitute “appropriate person”.
- (4) After section 163(4), insert—
(4A) Transport for London must consult Network Rail Limited, or a subsidiary of Network Rail Limited nominated by Network Rail Limited, before seeking from the appropriate person— (a) consent under subsection (1) in relation to land used by Network Rail, or (b) consent under subsection (2) in relation to a company in which is vested land used by Network Rail. (4B) The Secretary of State may by regulations— (a) amend subsection (4A) by adding or removing a person who must be consulted under that subsection; (b) amend this section to include other requirements for Transport for London to consult before seeking a consent under this section.
- (5) For section 163(5) substitute—
(5) Any consent— (a) of the appropriate person under this section may be given in relation to any particular transaction or description of transactions; and (b) of the Secretary of State under this section may be given subject to conditions.
- (6) In section 163(7), for “Secretary of State”, substitute “appropriate person”.
- (7) In section 163(8), before “operational land” insert—
- “appropriate person” means— in relation to consent under subsection (1)— the Mayor of London, in a case where the consent relates to land which is entirely within Greater London and is not Crown land; the Secretary of State, in case where the consent relates to any other land; in relation to consent under subsection (2)— the Mayor of London, in a case where all the operational land vested in the subsidiary company is entirely within Greater London and is not Crown land; the Secretary of State, in any other case;
- “Crown land” means land in which the Crown has any estate or interest, or over which the Crown has any right;
- “land used by Network Rail” means— land that is used wholly or partly for the provision of network services by Network Rail; and land that is used by Network Rail wholly or partly for a purpose ancillary or incidental to use of land that falls within paragraph (a);
- “Network Rail” means Network Rail Limited or any subsidiary of Network Rail Limited;
- “network services” has the same meaning as in Part 1 of the Railways Act 1993 (see section 82 of that Act);
- (8) In section 164(a), after “Secretary of State” insert “or Mayor”.
- (9) In section 420, after subsection (5), insert—
(5A) A statutory instrument containing regulations under section 163(4B) of this Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Key route network roads
29
Schedule 11 makes provision about key route network roads (including road traffic reduction).
Constituent councils to act in accordance with local transport plans etc
30
For section 113 of the Transport Act 2000 substitute—
(113) (1) A metropolitan district council that is within the area of an Integrated Transport Authority (the “ITA”)— (a) must carry out its functions so as to implement the policies developed by the ITA in accordance with section 108(1)(b); (b) must, in carrying out its functions in accordance with paragraph (a)— (i) comply with the duties set out in section 108(2ZB), and (ii) have regard to the proposals contained in the applicable local transport plan; (c) must— (i) cause a copy of the applicable local transport plan to be made available for inspection (at all reasonable hours) at such places as it thinks fit, (ii) give notice, by such means as it thinks expedient for bringing the applicable local transport plan to the attention of the public, as to the places at which a copy of it may be inspected, and (iii) supply a copy of the applicable local transport plan (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy. (2) A constituent council of a combined authority or a combined county authority— (a) must carry out its functions so as to implement the policies developed by the combined authority or combined county authority in accordance with section 108(1)(b); (b) must, in carrying out its functions in accordance with paragraph (a)— (i) comply with the duties set out in section 108(2ZB), and (ii) have regard to the proposals contained in the applicable local transport plan; (c) must— (i) cause a copy of the applicable local transport plan to be made available for inspection (at all reasonable hours) at such places as it thinks fit, (ii) give notice, by such means as it thinks expedient for bringing the applicable local transport plan to the attention of the public, as to the places at which a copy of it may be inspected, and (iii) supply a copy of the applicable local transport plan (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy. (3) In this section— - “applicable local transport plan”— in relation to a metropolitan district council that is within the area of an Integrated Transport Authority, means the local transport plan of the ITA; in relation to a constituent council of a combined authority or combined county authority, means the local transport plan of that authority; - “constituent council”— in relation to a combined authority, means— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a combined county authority, means— a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; and here “unitary district council” means a district council whose area does not form part of the area of a county council. (4) In any enactment, a reference— (a) to section 108(1)(b) includes subsection (2)(a) of this section; (b) to section 108(2ZA) includes subsection (2)(b)(i) of this section; (c) to section 108(3B) includes subsection (2)(b)(ii) of this section; (d) to section 109(4) includes subsection (2)(c) of this section.
Local transport authorities and other transport functions
31
Schedule 12 confers on combined authorities and CCAs functions as local transport authorities and makes provision about other functions relating to transport.
Skills and employment support
Education
32
Schedule 13 confers on strategic authorities functions relating to education.
Housing and strategic planning
Planning applications of potential strategic importance
33
Schedule 14 confers on mayors of combined authorities and CCAs functions in relation to planning applications of potential strategic importance.
Development orders
34
- (1) Schedule 15 confers on mayors of combined authorities and CCAs functions in relation to development orders.
- (2) Schedule 16 contains amendments relating to section 33 and this section.
Power to charge community infrastructure levy
35
Schedule 17 confers on mayors of combined authorities and CCAs powers to charge community infrastructure levy.
Acquisition and development of land
36
Schedule 18 confers on strategic authorities functions relating to the acquisition and development of land.
Housing accommodation
37
Schedule 19 confers on combined authorities and CCAs functions relating to housing accommodation.
Mayoral development corporations
38
Schedule 20 provides for mayoral development corporations to be established within the areas of mayoral combined authorities and mayoral CCAs.
Prioritisation of development of brownfield land
39
In section 12G of the Planning and Compulsory Purchase Act 2004 (preparation of draft spatial development strategy), after subsection (2) insert—
(2A) The Secretary of State must make regulations under subsection (2)(d) which prescribe the desirability of prioritising development on land that has been previously developed.
Economic development and regeneration
Assessment of economic conditions
40
Schedule 21 confers on combined authorities and CCAs functions in relation to the assessment of economic conditions.
Local growth plans
41
Schedule 22 confers on mayoral strategic authorities functions in relation to local growth plans.
Local Government Act 2003: expenditure grant
42
- (1) Chapter 1 of Part 3 of the Local Government Act 2003 (expenditure grant) is amended in accordance with this section.
- (2) In the heading of section 31 (power to pay grant), after “power” insert “of Ministers”.
- (3) After section 32 insert—
(32A) (1) A combined authority or CCA may pay to a constituent council a grant towards expenditure incurred or to be incurred by it. (2) The amount of a grant under this section and the manner of its payment are to be such as the person paying it may determine. (3) A grant under this section may be paid on such conditions as the person paying it may determine. (4) Conditions under subsection (3) may, in particular, include— (a) provision as to the use of the grant; (b) provision as to circumstances in which the whole or part of the grant must be repaid. (5) Subsection (6) applies where, in exercising a function under this section, a combined authority or CCA determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions. (6) In determining that amount, the combined authority or CCA must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those highway functions. (7) To comply with subsection (6), the combined authority or CCA must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions. (8) The functions conferred by this section on a mayoral combined authority or mayoral CCA are functions of the authority or CCA exercisable only by the mayor on behalf of the authority or CCA. (9) 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; - “constituent council” means— in relation to a combined authority— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a combined county authority— a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; - “highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority; - “mayoral CCA” has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 (see section 27(8) of that Act); - “mayoral combined authority” has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 107A(8) of that Act).
Co-operation with local government pension scheme managers
43
(107ZC) (1) This section applies where a scheme manager is responsible for managing and administering part of a scheme for local government workers in England and Wales in relation to a current employee of a constituent council of a combined authority in connection with that employment. (2) The combined authority must co-operate with the scheme manager to identify and develop investment opportunities appropriate to the pension fund that the scheme manager maintains for its part of the scheme. (3) Where the scheme manager participates in an asset pool company, the combined authority may fulfil its duty to co-operate with the scheme manager under subsection (2) by co-operating with— (a) the scheme manager, (b) the asset pool company, or (c) both the scheme manager and the asset pool company. (4) A scheme manager participates in an asset pool company by— (a) being a shareholder of the company, (b) being a shareholder in another company which is the only shareholder of the company, or (c) contracting with the company for it to manage the funds and other assets for which the scheme manager is responsible. (5) In this section— - “asset pool company” has the meaning given by section 1(9) of the Pension Schemes Act 2026; - “local government worker” has the meaning given by section 37 of the Public Service Pensions Act 2013; - “scheme” has the meaning given by section 37 of the Public Service Pensions Act 2013; - “scheme manager”, in relation to a scheme for local government workers, means a person who is a scheme manager by virtue of section 4(5) of the Public Service Pensions Act 2013 (being a person responsible for the local administration of pensions and other benefits payable under the scheme who maintains a pension fund for the purposes of providing pensions and other benefits under its part of the scheme).
(24B) (1) This section applies where a scheme manager is responsible for managing and administering part of a scheme for local government workers in England and Wales in relation to a current employee of— (a) a constituent council of a CCA, or (b) a district council which is not a constituent council where any part of the area of the council falls within the area of a CCA, in connection with that employment. (2) The CCA must cooperate with the scheme manager to identify and develop investment opportunities appropriate to the pension fund that the scheme manager maintains for its part of the scheme. (3) Where the scheme manager participates in an asset pool company, the CCA may fulfil its duty to co-operate with the scheme manager under subsection (2) by co-operating with— (a) the scheme manager, (b) the asset pool company, or (c) both the scheme manager and the asset pool company. (4) A scheme manager participates in an asset pool company by— (a) being a shareholder of the company, (b) being a shareholder in another company which is the only shareholder of the company, or (c) contracting with the company for it to manage the funds and other assets for which the scheme manager is responsible. (5) In this section— - “asset pool company” has the meaning given by section 1(9) of the Pension Schemes Act 2026; - “local government worker” has the meaning given by section 37 of the Public Service Pensions Act 2013; - “scheme” has the meaning given by section 37 of the Public Service Pensions Act 2013; - “scheme manager”, in relation to a scheme for local government workers, means a person who is a scheme manager by virtue of section 4(5) of the Public Service Pensions Act 2013 (being a person responsible for the local administration of pensions and other benefits payable under the scheme who maintains a pension fund for the purposes of providing pensions and other benefits under its part of the scheme).
- (3) After section 403 of the GLAA 1999, insert—
(403ZA) (1) The Authority must co-operate with a scheme manager for a scheme for local government workers in England and Wales who falls within subsection (2) to identify and develop investment opportunities appropriate to the pension fund that the scheme manager maintains for its part of the scheme. (2) A scheme manager falls within this subsection if the scheme manager is— (a) the London Pensions Fund Authority, or (b) a London borough. (3) Where the scheme manager participates in an asset pool company, the Authority may fulfil its duty to co-operate with the scheme manager under subsection (1) by co-operating with— (a) the scheme manager, (b) the asset pool company, or (c) both the scheme manager and the asset pool company. (4) A scheme manager participates in an asset pool company by— (a) being a shareholder of the company, (b) being a shareholder in another company which is the only shareholder of the company, or (c) contracting with the company for it to manage the funds and other assets for which the scheme manager is responsible. (5) In this section— - “asset pool company” has the meaning given by section 1(9) of the Pension Schemes Act 2026; - “local government worker” has the meaning given by section 37 of the Public Service Pensions Act 2013; - “scheme” has the meaning given by section 37 of the Public Service Pensions Act 2013; - “scheme manager”, in relation to a scheme for local government workers, means a person who is a scheme manager by virtue of section 4(5) of the Public Service Pensions Act 2013 (being a person responsible for the local administration of pensions and other benefits payable under the scheme who maintains a pension fund for the purposes of providing pensions and other benefits under its part of the scheme).
Miscellaneous local authority functions
44
Schedule 23 confers on combined authorities and CCAs and the GLA miscellaneous functions exercisable by local authorities.
Health, well-being & public service reform
Health improvement and health inequalities duty
45
- (1) After section 107ZA of LDEDCA 2009 insert—
(107ZB) (1) When considering whether or how to exercise any of its functions, a combined authority must have regard to the need to— (a) improve the health of persons in the combined authority’s area, and (b) reduce health inequalities between persons living in the combined authority’s area. (2) When considering whether or how to exercise any function, the mayor for the area of a combined authority must have regard to the considerations set out in subsection (1). (3) Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, an area. (4) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants. (5) “General health determinants” are— (a) standards of housing, transport services or public safety, (b) environmental factors, including air quality and access to green space and bodies of water, (c) employment prospects, earning capacity and any other matters that affect levels of prosperity, (d) the degree of ease or difficulty with which persons have access to public services, (e) the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health, and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors. (6) In subsection (1)(a), the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of a combined authority’s function. (7) In subsection (1)(b), the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of a combined authority’s function.
- (2) After section 24 of LURA 2023 insert—
(24A) (1) When considering whether or how to exercise any of its functions, a CCA must have regard to the need to— (a) improve the health of persons in the CCA’s area, and (b) reduce health inequalities between persons living in the CCA’s area. (2) When considering whether or how to exercise any function, the mayor for the area of a CCA must have regard to the considerations set out in subsection (1). (3) Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, an area. (4) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants. (5) “General health determinants” are— (a) standards of housing, transport services or public safety, (b) environmental factors, including air quality and access to green space and bodies of water, (c) employment prospects, earning capacity and any other matters that affect levels of prosperity, (d) the degree of ease or difficulty with which persons have access to public services, (e) the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health, and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors. (6) In subsection (1)(a) above, the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of a CCA’s function. (7) In subsection (1)(b) above, the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of a CCA’s function.
- (3) In section 309(F)(5) of GLAA 1999 (health inequalities between persons living in Greater London) after paragraph (a), insert—
(aa) environmental factors, including air quality and access to green space and bodies of water,
Public safety
Functions of police and crime commissioners
46
- (1) In section 107F of LDEDCA 2009 (functions of mayors: policing)—
- (a) after subsection (1) insert—
(1A) The mayor for the area of a combined authority is to exercise functions of a police and crime commissioner in relation to that area if the combined authority meets the eligibility condition and transfer condition in relation to that area (see section 107FA).
- (b) in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”;
- (c) in subsection (3), for “subsection (1)” substitute “this section”;
- (d) after subsection (4) insert—
(4A) For provision about the exercise of functions of a police and crime commissioner by the mayor for the area of a combined authority by virtue of subsection (1A), see Schedule 10A to the Police Reform and Social Responsibility Act 2011.
- (e) in subsection (8)(b), after “Schedule 5C” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.
- (2) After section 107F of LDEDCA 2009 insert—
(107FA) (1) This section sets out the “eligibility condition” and “transfer condition” referred to in section 107F(1A). (2) A combined authority meets the eligibility condition in case A or case B. (3) Case A: the authority’s area is the same as a single English police area. In this case, the authority meets the eligibility condition in relation to the single police area. (4) Case B: the authority’s area is the same as two or more English police areas (when those areas are taken together). In this case, the authority meets the eligibility condition in relation to each of those police areas. (5) A combined authority meets the transfer condition in relation to an English police area if— (a) the Secretary of State has, by order, specified the time at which the mayor for the area of the authority is to begin exercising functions of a police and crime commissioner (the “transfer time”), and (b) the transfer time has passed. (6) If a combined authority meets the eligibility condition in relation to two or more English police areas, the Secretary of State may only exercise the power conferred by subsection (5)(a) so as to specify the same transfer time in relation to all of those police areas. (7) In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England.
- (3) In section 107G of LDEDCA 2009 (mayors for combined authorities: financial matters), after subsection (4) insert—
(4A) Where the mayoral functions of a mayor include PCC functions in relation to more than one police area, the provision made in accordance with subsection (4)(a) which ensures that there is a separate component in respect of the mayor’s PCC functions must include separate components in respect of the mayor’s PCC functions in relation to the different police areas.
- (4) In section 33 of LURA 2023 (functions of mayors: policing)—
- (a) after subsection (1) insert—
(1A) The mayor for the area of a CCA is to exercise functions of a police and crime commissioner in relation to that area if the CCA meets the eligibility condition and transfer condition in relation to that area (see section 33A).
- (b) in subsection (2), for “The reference in subsection (1)” substitute “A reference in this section”;
- (c) in subsection (3), for “subsection (1)” substitute “this section”;
- (d) after subsection (4) insert—
(4A) For provision about the exercise of functions of a police and crime commissioner by the mayor for the area of a CCA by virtue of subsection (1A), see Schedule 10A to the Police Reform and Social Responsibility Act 2011.
- (e) in subsection (8)(b), after “Schedule 3” insert “to this Act or Schedule 10A to the Police Reform and Social Responsibility Act 2011”.
- (5) After section 33 of LURA 2023 insert—
(33A) (1) This section sets out the “eligibility condition” and “transfer condition” referred to in section 33(1A). (2) A CCA meets the eligibility condition in case A or case B. (3) Case A: the CCA’s area is the same as a single English police area. In this case, the CCA meets the eligibility condition in relation to the single police area. (4) Case B: the CCA’s area is the same as two or more English police areas (when those areas are taken together). In this case, the CCA meets the eligibility condition in relation to each of those police areas. (5) A CCA meets the transfer condition in relation to an English police area if— (a) the Secretary of State has, by order, specified the time at which the mayor for the area of the CCA is to begin exercising functions of a police and crime commissioner (the “transfer time”), and (b) the transfer time has passed. (6) If a CCA meets the eligibility condition in relation to two or more English police areas, the Secretary of State may only exercise the power conferred by subsection (5)(a) so as to specify the same transfer time in relation to all of those police areas. (7) In this section “English police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) that is in England.
- (6) In section 41 of LURA 2023 (mayors for CCA areas: financial matters), after subsection (4) insert—
(4A) Where the mayoral functions of a mayor include PCC functions in relation to more than one police area, the provision made in accordance with subsection (4)(a) which ensures that there is a separate component in respect of the mayor’s PCC functions must include separate components in respect of the mayor’s PCC functions in relation to the different police areas.
- (7) After paragraph 21(a) of Schedule 1 to the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), insert—
(aa) for subsection (1) substitute— (1) The mayor must— (a) appoint a person as the deputy mayor for policing and crime for the area, and (b) arrange for the deputy mayor for policing and crime to exercise one or more of the mayor’s PCC functions.
- (8) After—
- (a) paragraph 21(a) of Schedule 5 to the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112),
- (b) paragraph 21(a) of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), and
- (c) paragraph 21(a) of Schedule 1 to the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414),
insert—
(aa) for subsection (1) substitute— (1) The Mayor must— (a) appoint a person as the deputy mayor for policing and crime for the area, and (b) arrange for the deputy mayor for policing and crime to exercise one or more of the Mayor’s PCC functions.
PCCs and police areas
47
- (1) In section 1 of PRSRA 2011 (police and crime commissioners), for subsection (9A) substitute—
(9A) Subsection (1) does not apply to an area if the mayor for the area of a combined authority or combined county authority is to exercise functions of a police and crime commissioner in relation to the area in accordance with— (a) an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009; (b) section 107F(1A) of that Act; (c) regulations under section 33(1) of the Levelling-up and Regeneration Act 2023; (d) section 33(1A) of that Act. (9B) See section 76A and Schedule 10A for provision about cases where a mayor is to exercise functions in accordance with— (a) section 107F(1A) of the Local Democracy, Economic Development and Construction Act 2009, or (b) section 33(1A) of the Levelling-up and Regeneration Act 2023.
- (2) After section 76 of PRSRA 2011 insert—
(76A) Schedule 10A makes provision about cases where a mayor is to exercise functions in accordance with— (a) section 107F(1A) of the Local Democracy, Economic Development and Construction Act 2009, or (b) section 33(1A) of the Levelling-up and Regeneration Act 2023.
- (4) In the Police Act 1996—
- (a) in section 32 (power to alter police areas by order), in subsection (3)—
- (i) in the words before paragraph (a), omit “either”;
- (ii) in paragraph (b), after “effectiveness” insert
, or (c) the order is made in connection with the functions of a police and crime commissioner becoming exercisable by the mayor for the area of a mayoral strategic authority. (3A) For that purpose, an order “is made in connection with the functions of a police and crime commissioner becoming exercisable by the mayor for the area of a mayoral strategic authority” if— (a) the police areas that are altered by the order are all in England, and (b) the Secretary of State’s purpose in making the order is to— (i) cause a mayoral strategic authority to meet the eligibility condition in relation to an altered police area, and (ii) enable the Secretary of State to specify a transfer time in relation to that mayoral strategic authority and altered police area that will result in the mayor for the area of the mayoral strategic authority exercising functions of a police and crime commissioner in relation to that area.
- (b) in section 32, after subsection (4) insert—
(4A) In this section— - “eligibility condition” has the same meaning as in— section 107FA of the Local Democracy, Economic Development and Construction Act 2009, or section 33A of the Levelling-up and Regeneration Act 2023; - “mayoral strategic authority” means— a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act), or a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act); - “transfer time” has the same meaning as in— section 107FA of the Local Democracy, Economic Development and Construction Act 2009, or section 33A of the Levelling-up and Regeneration Act 2023.
- (c) in section 34 (orders altering police areas: supplementary provision), in subsection (5), after “subsection (3)(a)” insert “or (3)(c)”.
Functions of fire and rescue authorities
48
- (1) Section 1 of FRSA 2004 (fire and rescue authorities) is amended in accordance with subsections (2) and (3).
- (2) In subsection (2), after paragraph (e) insert—
(f) a mayoral combined authority or mayoral CCA is the fire and rescue authority for the whole of its area if the Secretary of State designates it as the fire and rescue authority for that area in accordance with section 1A(1); (g) a mayoral combined authority or mayoral CCA is the fire and rescue authority for a part of its area if the Secretary of State— (i) specifies that part of its area, and (ii) designates it as the fire and rescue authority for that part of its area, in accordance with section 1A(2) and (3).
- (3) After subsection (2) insert—
(2A) If a mayoral combined authority or mayoral CCA is the fire and rescue authority for an area by virtue of subsection (2)(f) or (g), a council or other authority is not the fire and rescue authority for that area by virtue of subsection (2)(a) to (e) or section 2 or 4. (2B) The functions of a mayoral combined authority or mayoral CCA as a fire and rescue authority are functions of the mayoral combined authority or mayoral CCA exercisable only by the mayor on behalf of the combined authority or CCA.
- (4) After section 1 of FRSA 2004 insert—
(1A) (1) The Secretary of State may by order designate a mayoral combined authority or mayoral CCA as the fire and rescue authority for the whole of its area. (2) The Secretary of State may— (a) by order specify a part of the area of a mayoral combined authority or mayoral CCA, and (b) by order designate the mayoral combined authority or mayoral CCA as the fire and rescue authority for the specified part of its area. (3) But, if the Secretary of State exercises the powers conferred by subsection (2) in relation to a particular mayoral combined authority or mayoral CCA (the “relevant mayoral authority”), the Secretary of State must ensure that those powers are exercised so as to secure that— (a) two or more parts are specified under subsection (2)(a) which, when taken together, consist of the whole of the area of the relevant mayoral authority; (b) the relevant mayoral authority is designated as the fire and rescue authority for each specified part; (c) all of those designations come into effect at the same time. (4) Accordingly, where the powers conferred by subsection (2) are exercised in relation to the relevant mayoral authority— (a) there are separate fire and rescue authorities for each area specified under subsection (2)(a); (b) the fire and rescue authority for each of those areas is the relevant mayoral authority. (5) The Secretary of State may by order provide for the name by which an area specified under subsection (2)(a) is to be known. (6) An order under subsection (1) or (2)(a) or (b) may make consequential alterations to any other— (a) section 1A(2) area, (b) section 2 combined area, or (c) section 4 combined area. (7) The alterations that may be made by virtue of subsection (6) include alterations that result in a reduction or an increase in the number of such areas. (8) An order under subsection (1) or (2)(a) or (b) may make provision for the abolition of— (a) a metropolitan county fire and rescue authority, (b) a combined fire and rescue authority constituted by a scheme under section 2, or (c) a combined fire and rescue authority constituted by a scheme to which section 4 applies. (9) The provision that may be made by regulations under section 56 of the English Devolution and Community Empowerment Act 2026 (incidental etc provision) for the purposes of, or in consequence of, an order under subsection (1) or (2)(a) or (b) relating to a particular mayoral combined authority or mayoral CCA and particular area includes— (a) provision for functions of a fire rescue authority to be exercisable in relation to the area by the mayoral combined authority or mayoral CCA during a shadow period (and not by any fire and rescue authority by which those functions would otherwise be exercisable); (b) provision for those functions to be exercisable only by the mayor on behalf of the mayoral combined authority or mayoral CCA; (c) provision about who is to scrutinise the exercise of those functions; (d) any other incidental, consequential, transitional, transitory or supplementary provision. (10) In this section— - “section 1A(2) area” means an area specified in an order under subsection (2)(a) (including such an area as varied from time to time); - “section 2 combined area” means an area for which a combined fire and rescue authority is, or used to be, constituted by a scheme under section 2 (including such an area as varied from time to time); - “section 4 combined area” means the area for which a combined fire and rescue authority is, used to be, constituted by a scheme to which section 4 applies (including such an area as varied from time to time); - “shadow period”, in relation to provision made in accordance with subsection (9)(a) in relation to a particular area, means a period which— ends when the designation of the mayoral combined authority or mayoral CCA as the fire and rescue authority for the area takes effect, and is no longer than one year.
- (5) In section 5M of FRSA 2004 (interpretation), after the definition of “City of London police area” insert—
- “mayoral CCA” has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 (see section 27(8) of that Act);
- “mayoral combined authority” has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 107A(8) of that Act);
- (6) Schedule 25 contains further provision about fire and rescue services.
Mayor with PCC and fire and rescue functions
49
- (1) In section 107EA of LDEDCA 2009 (exercise of fire and rescue functions)—
- (a) for subsection (1) substitute—
(1) This section applies to a mayor for the area of a combined authority who— (a) by virtue of— (i) section 107D(1), or (ii) section 1(2B) of the Fire and Rescue Services Act 2004, may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and (b) by virtue of— (i) section 107F(1), or (ii) section 107F(1A), may exercise functions of a police and crime commissioner.
- (b) in subsection (5), after “107D(1)” insert “, or in section 1(2B) of the Fire and Rescue Services Act 2004,”.
- (2) In section 34 of LURA 2023 (exercise of fire and rescue functions)—
- (a) for subsection (1) substitute—
(1) This section applies to a mayor for the area of a CCA who— (a) by virtue of— (i) section 30(1), or (ii) section 1(2B) of the Fire and Rescue Services Act 2004, may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and (b) by virtue of— (i) section 33(1), or (ii) section 33(1A), may exercise functions of a police and crime commissioner.
- (b) in subsection (5), after “30(1)” insert “, or in section 1(2B) of the Fire and Rescue Services Act 2004,”.
Sharing of information
50
In section 115 of the Crime and Disorder Act 1998 (disclosure of information), in subsection (2), after paragraph (c) insert—
(ca) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (cb) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
Licensing functions of the GLA and the Mayor of London
51
Schedule 26 amends the Licensing Act 2003 to confer licensing functions on the GLA and the Mayor of London.
Culture
Encouragement of visitors and promotion of visitors
52
- (1) LGA 1972 is amended in accordance with this section.
- (2) In section 144 (power to encourage visitors and provide conference and other facilities), in subsections (1) and (2), after “local authority” insert “, combined authority or combined county authority”.
- (3) In section 145 (provision of entertainments)—
- (a) in subsection (1), in the words before paragraph (a), after “local authority” insert “, combined authority or combined county authority”;
- (b) in subsection (2), in the words before paragraph (a), after “local authority” insert “, combined authority or combined county authority”.
Requests by mayors of established mayoral strategic authorities
Requests by mayors of EMSAs for changes
53
- (1) One or more mayors for EMSAs may notify the Secretary of State of—
- (a) any change to the law relating to strategic authorities,
- (b) any change to the funding of strategic authorities, or
- (c) any other change relating to strategic authorities,
which the mayor or mayors believe would secure, or contribute to securing, the effective exercise of functions in relation to any aspect of any area of competence.
- (2) In exercising the function of giving notifications under this section, a mayor must have regard to any guidance issued for this purpose by the Secretary of State.
- (3) If a notification under this section is given, the Secretary of State must, within the period of six months beginning with the day on which the notification is given—
- (a) decide how to respond, and
- (b) notify the mayor or mayors that gave the notification of—
- (i) the decision, and
- (ii) the reasons for making the decision.
Regulations relating to functions of strategic authorities and mayors
Powers to make regulations in relation to functions of strategic authorities and mayors
54
Schedule 27 confers on the Secretary of State powers in relation to the functions of strategic authorities and mayors (including powers to use pilot schemes).
Health service functions: application of existing limitations on devolution
55
- (1) Section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) is amended in accordance with this section.
- (2) In subsection (1)—
- (a) for the words before paragraph (a) substitute—
(1) A devolution of functions SI—
- (b) in paragraph (c)—
- (i) for “or a combined county authority” substitute “a combined county authority or a category of strategic authorities”;
- (ii) after “that authority” insert “or those authorities”.
- (3) In subsection (2), in the words after paragraph (h), for the words from “transferable” to the end substitute “transferable by a devolution of functions SI.”
- (4) In subsection (7), in the words before paragraph (a), for “2022” substitute “2023”.
- (5) After subsection (7) insert—
(7A) For the purposes of this section, a function is transferred by regulations under Part 1 or 6 of Schedule 27 to the 2026 Act if provision under paragraph 1(1), 2(1) or 3(1) of that Schedule conferring the function is made, including such provision made by virtue of Part 6 of that Schedule.
- (6) In subsection (8), for the words from “transferred” to the end substitute “transferred to it by a devolution of functions SI.”
- (7) For subsection (9) substitute—
(9) In this section— - “the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009; - “the 2023 Act” means the Levelling-up and Regeneration Act 2023; - “the 2026 Act” means the English Devolution and Community Empowerment Act 2026; - “category of strategic authority” has the same meaning as in the 2026 Act (see section 101(1) of that Act); - “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; - “devolution of functions SI” means any of the following— regulations under section 16 of this Act; an order under section 105A of the 2009 Act (conferral of functions of public authority on combined authority); regulations under section 19(1) of the 2023 Act (conferral of functions of public authority on combined county authority); regulations under Part 1 or 6 of Schedule 27 to the 2026 Act (conferral of functions of public authority on category of strategic authority); - “the health service” has the meaning given by section 275(1) of the NHSA 2006.
Supplementary provision relating to extension of functions
Incidental etc provision
56
- (1) The Secretary of State may by regulations make incidental, consequential, transitional, transitory or supplementary provision for the purposes of, or in consequence of—
- (a) the conferral of a function on a relevant authority, or
- (b) the modification of a function of a relevant authority,
by relevant legislation.
- (2) Regulations under this section may not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).
- (3) Regulations under this section may (in particular) amend any Act of Parliament (whenever passed), including by amending this Act.
- (4) Regulations under this section which contain provision amending an Act of Parliament are subject to affirmative resolution procedure.
- (5) Any other regulations under this section are subject to negative resolution procedure.
- (6) In this section—
- “relevant authority” means— a strategic authority; the mayor for the area of a CCA or the area of a combined authority; the Mayor of London; a GLA functional body.
- “relevant legislation” means— this Act, regulations under this Act, or any other legislation (whenever passed or made), except for functions conferred by an order under Chapter 1 of Part 6 of LDEDCA 2009 (instead see section 114 of that Act) or by regulations under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that Act).
Transfer of property, rights and liabilities
57
- (1) The Secretary of State may by regulations make provision for the transfer of property, rights and liabilities (including criminal liabilities) for the purposes of, or in consequence of, or for giving full effect to—
- (a) the conferral of a function on a relevant authority, or
- (b) the modification of a function of a relevant authority,
by relevant legislation.
- (2) Property, rights and liabilities may be transferred by—
- (a) the regulations,
- (b) a scheme made by the Secretary of State under the regulations, or
- (c) a scheme required to be made under the regulations by a person other than the Secretary of State.
- (3) A transfer by virtue of this section may have effect—
- (a) whether or not the property, rights and liabilities would otherwise be capable of being transferred;
- (b) without any instrument or formality being required.
- (4) The rights and liabilities which may be transferred by virtue of this section include rights and liabilities in relation to a contract of employment.
- (5) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) apply to the transfer by virtue of this section (whether or not the transfer is a relevant transfer for the purposes of those regulations).
- (6) Regulations under this section or a scheme made under them may define the property, rights and liabilities to be transferred by specifying or describing them.
- (7) Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—
- (a) for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred;
- (b) for the shared ownership or use of any property or facilities;
- (c) for the management or custody of transferred property;
- (d) for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.
- (8) Provision for the transfer of property, rights and liabilities made by virtue of this section may include provision—
- (a) for the continuing effect of things done by the transferor in relation to anything transferred;
- (b) for the continuation of things (including legal proceedings) in the process of being done, by or on behalf of or in relation to the transferor in relation to anything transferred;
- (c) for references to the transferor in any agreement (whether written or not), instrument or other document in relation to anything transferred to be treated (so far as necessary for the purposes of or in consequence of the transfer) as references to the transferee.
- (9) Regulations under this section are subject to affirmative resolution procedure.
- (10) In this section—
- “relevant authority” means— a strategic authority; the mayor for the area of a CCA or the area of a combined authority; the Mayor of London; a GLA functional body;
- “relevant legislation” means— this Act, regulations under this Act, or any other legislation (whenever passed or made), except for functions conferred by an order under Chapter 1 of Part 6 of LDEDCA 2009 (instead see section 114 of that Act) or by regulations under Chapter 1 of Part 2 of LURA 2023 (instead see section 53 of that Act).
Protection of functions
Prohibition of secondary legislation removing functions
58
- (1) A Minister of the Crown must not exercise any power to make secondary legislation (whenever conferred) so as to cause a function to cease to be exercisable by—
- (a) strategic authorities generally, or
- (b) a category of strategic authorities.
- (3) This section does not limit the making of—
- (a) permitted provision, or
- (b) provision that is—
- (i) in consequence of, or
- (ii) otherwise in connection with,
permitted provision (whether the permitted provision is made in secondary legislation or an Act of Parliament).
- (4) In this section “permitted provision” means provision—
- (a) modifying a function;
- (b) abolishing a function;
- (c) repealing or revoking provision conferring a function in consequence of, or otherwise in connection with, other legislation conferring the function (with or without modifications).
Part 3 — Other measures about local authorities and PCCs
Chapter 1 — Reorganisation, governance, elections and councillors
Reorganisation
Single tiers of local government
59
Schedule 28 makes provision about arrangements relating to single tiers of local government.
Certain functions of shadow authorities for single tiers of local government
60
In section 12 of LGPIHA 2007 (provision relating to membership etc of authorities)—
- (a) after subsection (3) insert—
(3A) Where an order makes provision under subsection (1)(k) conferring functions on a new local authority in relation to a combined authority or combined county authority, the order may provide that such functions are no longer functions of an existing local authority.
- (b) after subsection (5) insert—
(5A) 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.
Governance
Local authority governance and executives
61
Schedule 29 contains provision about local authority governance and executives.
Local authorities: effective neighbourhood governance
62
- (1) Local authorities in England must make appropriate arrangements to secure the effective governance of any area of a specified description that falls within the authority's area (a “neighbourhood area”).
- (2) In making appropriate arrangements in relation to a neighbourhood area in which there are one or more parish councils, the local authority must engage with the parish council or councils about parish representation under those arrangements.
- (3) “Appropriate arrangements” for the purposes of subsection (1) are such arrangements as are specified in regulations made by the Secretary of State.
- (4) Regulations under subsection (3) may include provision—
- (a) requiring the establishment and maintenance by local authorities of specified organisational structures for the governance of neighbourhood areas (or for the use of specified existing organisational structures for that purpose);
- (b) about the number, membership, funding and review of such structures;
- (c) about the functions that may or must be carried out by such structures for the purpose of ensuring the effective governance of neighbourhood areas (including for the structures to carry out functions on behalf of the local authority);
- (d) requiring the carrying out of such activities for the purpose of ensuring local engagement with the neighbourhood area as may be specified.
- (5) Regulations under this section about the membership of specified organisational structures may, in particular, make provision for the membership to include parish representation.
- (6) Regulations under this section may—
- (a) confer a function, including a function involving the exercise of a discretion, on any person;
- (b) provide for exceptions.
- (7) In this section—
- “local authority” means— a county council, a district council, a London borough council;
- “parish representation” means representation of any parish council or councils within a neighbourhood area;
- “specified” means specified or described in regulations under this section.
- (8) Regulations under this section are subject to affirmative resolution procedure.
Elections
Mayors and Police and Crime Commissioners: supplementary vote system
63
Schedule 30 makes provision for the use of the supplementary vote system in elections of mayors and police and crime commissioners.
Limit on delay of election in connection with local government reorganisation
64
- (1) An election timing order (the “invalid order”) has no effect if—
- (a) the order relates to an election of councillors of an English principal council (the “affected election”),
- (b) the order is made for a reason which relates to a process of local government reorganisation affecting that council (the “reorganisation process”), whether that process is proposed or has begun at the time when the order is made, and
- (c) the order would delay the affected election by more than 53 weeks.
- (2) For the purposes of this section—
- (a) “process of local government reorganisation affecting” an English principal council means—
- (i) the Secretary of State giving that council an invitation or direction under section 2 or 2A of LGPIHA 2007, or
- (ii) the Local Government Boundary Commission making a recommendation for a boundary change relating to that council to the Secretary of State under section 8 of LGPIHA 2007;
- (b) it does not matter if the reason which relates to the reorganisation process is the only reason, or one of several reasons, for the election timing order being made;
- (c) the circumstances in which a process of local government reorganisation affecting a council “is proposed” include circumstances in which the Secretary of State has notified the council that the Secretary of State might give that council an invitation or direction under section 2 or 2A of LGPIHA 2007;
- (d) an election timing order delays an election by more than 53 weeks if, as a result of the order, the election would take place after the end of the period of 53 weeks beginning with the original election date;
- (e) it does not matter if the delay by more than 53 weeks would result—
- (i) solely from the invalid order, or
- (ii) from the cumulative effect of the invalid order and one or more previous related election timing orders;
- (f) an election timing order is to be regarded as delaying the affected election even if the election would not actually take place on the date to which it is delayed because of the eventual outcome of the reorganisation process.
- (3) In this section—
- “election timing order” means an order under— section 87 of LGA 2000 (power to change years in which elections held), section 7 of LGPIHA 2007 (implementation of proposals by order), or section 10 of LGPIHA 2007 (implementation of recommendations by order);
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