English Devolution and Community Empowerment Act 2026

• “English principal council” means— a county council in England, a district council, or a London borough council;

• “original election date” means the date on which the affected election would have been held, ignoring the effect of— the invalid order, and any previous related election timing order;

• “previous related election timing order” means an election timing order which— delays the affected election, was made for a reason which relates to the reorganisation process (whether that was the only reason, or one of several reasons, for the election timing order being made), and was made before the invalid order.

Councillors

Publication of addresses of members etc in authority registers

65

• (1) In section 100G (principal councils to publish additional information) of LGA 1972, in subsection (5), omit “, in relation to a principal council in Wales,”.

• (2) The Localism Act 2011 is amended as follows.

• (3) In section 29 (register of interests), in subsection (8), for “section 32(2)” substitute “sections 32(2) and 32A”.

• (4) In section 31 (pecuniary interests in matters considered at meetings or by a single member), in subsection (2), for “section 32(3)” substitute “sections 32(3) and 32A(9)”.

• (5) After section 32 (sensitive interests) insert—

(32A) (1) This section applies where a member or co-opted member of a relevant authority notifies the authority’s monitoring officer of a disclosable pecuniary interest that includes their usual residential address. (2) Subject to subsections (3) to (7), the relevant authority’s public register must not include that address. (3) The member or co-opted member may request that their usual residential address be included in that public register. (4) The member or co-opted member may withdraw a request made under subsection (3). (5) A request under subsection (3) or a withdrawal of a request under subsection (4) must be made by written notice to the relevant authority’s monitoring officer. (6) Where the member or co-opted member withdraws a request under subsection (4), the monitoring officer must remove the member or co-opted member’s usual residential address from the public register. (7) Withdrawal of a request under subsection (4) does not affect the power of the member or co-opted member to make another request under subsection (3). (8) Where a member or co-opted member’s usual residential address is excluded from a public register under this section, that public register must state that the member or co-opted member has an interest the address of which is withheld under this section. (9) If section 31(2) applies in relation to the interest, that provision is to be read as requiring the member or co-opted member to disclose not the interest but merely the fact that the member or co-opted member has a disclosable pecuniary interest in the matter concerned. (10) For the purposes of this section, a person has no more than one usual residential address. (11) In this section “public register”, in relation to a relevant authority, means— (a) a copy of its register that is made available for inspection, and (b) any published version of its register.

Chapter 2 — Grants to joint committees of London councils

Power to pay grant to joint committees of London councils

66

After section 32 of the Local Government Act 2003 insert—

(32A) (1) A Minister of the Crown may pay a grant to an eligible London joint committee towards expenditure incurred or to be incurred— (a) by the committee, or (b) by an eligible sub-committee of the committee. (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) Where a Minister of the Crown wishes to pay a grant towards expenditure incurred or to be incurred by an eligible London joint committee or an eligible sub-committee, the Secretary of State may pay a grant under this section to one or more persons (other than the committee) to hold and use in respect of the expenditure by the committee or sub-committee. (6) The powers under this section are exercisable with the consent of the Treasury. (7) The Secretary of State may, by regulations— (a) make provision for determining the question of whether a committee, or sub-committee, is “eligible”, including provision about conditions that must be met for a committee or sub-committee to become or remain eligible; (b) make provision about the constitution, procedures, administration and oversight of London joint committees, or their sub-committees, that are eligible. (8) Regulations under subsection (7)(a) may (in particular) make provision about conditions that relate to— (a) the power under which, or way in which, the committee or sub-committee is established; (b) the functions or purpose of the committee or sub-committee; (c) the kinds of persons who are members of the committee or sub-committee; (d) the constitution, procedures, administration or oversight of the committee or sub-committee. (9) Regulations under subsection (7) may amend any Act passed before, or in the same session as, the English Devolution and Community Empowerment Act 2026. (10) No regulations under subsection (7) may be made unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament. (11) In this section— - “eligible” has the meaning determined in accordance with regulations under subsection (7)(a); - “London joint committee” means a joint committee established under section 101(5) of the Local Government Act 1972 by— all the London borough councils, and the Common Council of the City of London.

Chapter 3 — Assets of community value

Community right to buy assets of community value and protection of sporting assets

67

Schedule 31 makes provision for a community right to buy assets of community value and for the protection of sporting assets of community value in England, and related minor and consequential amendments.

Chapter 4 — Parking on footways and verges

Prohibition of parking on footways and verges

68

Schedule 32 makes provision about the prohibition of the parking of motor vehicles on footways and verges.

Chapter 5 — Land disposed of by local councils

Discharge of statutory trusts

Secretary of State to have power to discharge statutory trusts

69

• (1) LGA 1972 is amended in accordance with this section.

• (2) After section 128 (consents to land transactions by local authorities and protection of purchasers) insert—

(128A) (1) The Secretary of State may make an order under this section in relation to land in England (a “statutory trust discharge order”). (2) The Secretary of State may not make a statutory trust discharge order in relation to land unless— (a) a person has applied to the Secretary of State for the statutory trust discharge order to be made in relation to the land, and (b) the Secretary of State is satisfied that the qualifying conditions are met (see section 128D). (3) The effect of an order being made in relation to land is that the land is freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with— (a) section 164 of the Public Health Act 1875 (pleasure grounds), or (b) section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds). (4) The order has that effect in relation to that land generally (and so its effect is not limited to that land as freehold or leasehold land as held by the applicant for the order). (5) The Secretary of State may, by regulations, make provision as to the making and determination of any application for a statutory trust discharge order. (6) Regulations under subsection (5) may in particular make provision as to— (a) the steps to be taken by a person before making an application; (b) the form of an application; (c) the information or evidence to be supplied with an application; (d) the publication of an application; (e) the holding of an inquiry before determination of an application; (f) the evidence to be taken into account in making a determination and the weight to be given to any evidence. (7) Regulations under subsection (5) may include provision for the Secretary of State to appoint a person to discharge any or all of the Secretary of State’s functions in relation to an application for a statutory trust discharge order. (8) The power under subsection (5) to make regulations includes power to make— (a) different provision for different cases; (b) incidental, supplementary or consequential provision; (c) transitional or saving provision. (9) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament. (10) Section 128G contains further provision about the making of statutory trust discharge orders. (128B) (1) A person making an application must have regard to any guidance issued by the Secretary of State (whether relating to how the application is made or to its form or content). (2) Qualifying condition B (see section 128D(3)) limits which kind of person is able to make a successful application. (3) An application may be varied after it has been made (and section 128A, this section, and sections 128D to 128G then apply to the application as varied). (4) The Secretary of State may require a person making an application to pay a fee before the Secretary of State considers the application (the “application fee”). (5) The application fee is to be of an amount specified in, or determined in accordance with, regulations made under section 128A(5). (6) The determination of an application for a statutory trust discharge order which relates to particular land does not prevent a further application from being made subsequently in relation to the same land. (7) But the Secretary of State may reject a further application if the Secretary of State considers that there has not been a material change in the circumstances relevant to the qualifying conditions. (8) If a further application is rejected, the Secretary of State must publish notice of the rejection in the manner which the Secretary of State considers appropriate. (128C) (1) This section applies where— (a) a principal council, parish council or parish meeting appropriated or disposed of land, and (b) the freehold or leasehold title to that land has subsequently been divided. (2) An application may be made in relation to the land comprised in any of the relevant titles. (3) A single joint application may be made in relation to the land comprised in two or more of the relevant titles, and, in the case of such an application, the question of whether the qualifying conditions are met must be decided separately in relation to the land comprised in each title. (4) For the purposes of this section— (a) a freehold title is “divided” if either or both of the following occurs— (i) the title is divided into two or more different freehold titles; (ii) a lease (including a sublease) is granted over some or all of the land comprised in the freehold title; (b) a leasehold title is “divided” if— (i) the title is divided into two or more different leasehold titles (for example by an assignment of part); (ii) a sublease (including a sublease that is not immediately inferior to the leasehold title) is granted over some or all of the land comprised in the leasehold title. (5) In this section “relevant title” means— (a) the freehold title to the whole or a part of the land appropriated or disposed of; (b) the title to a long lease of the whole or a part of the land appropriated or disposed of. (128D) (1) This section sets out the “qualifying conditions” (referred to in section 128A(2)(b)). (2) Qualifying condition A: the application for the statutory trust discharge order identifies land in England in relation to which the order is being sought. (3) Qualifying condition B: the applicant for the order is— (a) the freehold owner of the relevant land, or (b) the tenant of the relevant land under a long lease, whether granted before or after commencement, at the time of the application (whether or not by virtue of the previous appropriation or disposal). (4) Qualifying condition C: a principal council, parish council or parish meeting— (a) appropriated, or (b) disposed of, the relevant land at a time before the application for the statutory trust discharge order is made (the “previous appropriation or disposal”). (5) It does not matter whether the previous appropriation or disposal occurred before or after commencement. (6) Qualifying condition D: the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal. (7) For the purposes of determining whether qualifying condition D is met— (a) it is sufficient that the previous advertisement procedure was not complied with; (b) accordingly, it is irrelevant— (i) whether the previous advertisement procedure in fact had to be complied with, or (ii) whether the land was in fact land held in trust for enjoyment by the public in accordance with a trust of the kind mentioned in section 128A(3). (8) Section 128F includes provision for presuming that the previous advertisement procedure was not complied with; and qualifying condition D must be taken to be met if that presumption is made. (9) Qualifying condition E: the new publicity requirements have been complied with. (10) Qualifying condition F: it is in the public interest for the relevant land to be freed from the trusts by virtue of the order. (11) The reference in subsection (10) to the public interest includes the public interest in— (a) nature conservation; (b) the conservation of the landscape; (c) the protection of public rights of access to the relevant land; (d) the protection of archaeological remains and features of historic interest; (e) development proposals relating to the relevant land; (f) economic, environmental or social benefits which the order would facilitate if made. (128E) (1) This section sets out the “new publicity requirements” (referred to in qualifying condition E in section 128D(9)). (2) The applicant must publish a notice of the application in four consecutive weeks— (a) in a local newspaper, and, if there are two or more local newspapers, it must be the main local newspaper; (b) if there is no local newspaper, either— (i) in a national newspaper, or (ii) on a website with a readership in the local area that is comparable to the readership of a local newspaper. (3) If— (a) a newspaper is published in print and on a website, and (b) it is possible to publish notices of the kind required by subsection (2) in both versions, a requirement under subsection (2) to publish a notice in the newspaper can only be complied with by publication of the notice in both versions. (4) If the applicant is a principal council, a parish council or parish trustees, they must also publish a notice of the application for a period of 28 days on their website (if they have one). (5) The applicant must display a notice of the application for a period of 28 days at the point of entry, or at the main points of entry, to the relevant land. (6) The Secretary of State must publish a notice of the application for a period of 28 days on the website, or main website, containing information about the Secretary of State’s department. (7) A notice under this section must identify the relevant land. (8) A notice under this section must— (a) state that a person who wishes to make representations about whether or not the order should be made may notify the Secretary of State of the representations, and (b) state the manner in which, and date by which, representations must be notified; and that date must be later than the last day of the period of 56 days beginning with the day when that notice is first published or displayed. (9) When publishing or displaying a notice under this section, the applicant must have regard to any guidance issued by the Secretary of State (whether relating to its publication or display or its form or content). (10) In this section— - “local area” means area in which the relevant land is situated; - “local newspaper” means a newspaper circulating in the local area. (128F) (1) This section applies if an application has been made to the Secretary of State for a statutory trust discharge order. (2) The Secretary of State must notify the relevant council or parish trustees of— (a) the application, (b) the relevant land, and (c) the information about the previous appropriation or disposal which the Secretary of State has as a result of the application. (3) Within the response period, the relevant council or parish trustees must give the Secretary of State— (a) notice which— (i) confirms that the previous advertisement procedure was complied with in relation to the previous appropriation or disposal, (ii) confirms that the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal, or (iii) states that the relevant council or parish trustees are not able to confirm either of those things, and (b) any information relating to compliance, or non-compliance, with the previous advertisement procedure which the relevant council or parish trustees have. (4) If the relevant council or parish trustees— (a) give the Secretary of State a notice under subsection (3)(a)(iii) within the response period, or (b) do not give the Secretary of State any notice under subsection (3)(a) within the response period, the Secretary of State must presume that the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal, unless the Secretary of State is satisfied that the procedure was complied with. (5) In this section— - “relevant council or parish trustees” means— in a case where a principal council undertook the previous appropriation or disposal, the principal council for the area where the relevant land is situated; in a case where a parish council undertook the previous appropriation or disposal— the parish council or parish trustees for the area where the relevant land is situated, or if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated; in a case where a parish meeting undertook the previous appropriation or disposal— the parish trustees or parish council for the area where the relevant land is situated, or if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated; - “response period”, in relation to a notification given by the Secretary of State under subsection (2), means the period of 28 days beginning with the day on which the notice is received by the relevant council or parish trustees. (128G) (1) In deciding whether to make a statutory trust discharge order, the Secretary of State must take into account all matters that are relevant, including these matters— (a) whether, and how, the person making the application has had regard to the guidance issued by the Secretary of State under section 128B(1) and section 128E(9); (b) any representations about whether or not the order should be made that are notified to the Secretary of State (including any representations made by persons who are freehold owners, or tenants, of land comprised in the previous appropriation or disposal but who are not applying for the order). (2) A statutory trust discharge order may relate to only some of the relevant land specified in the application. (3) A statutory trust discharge order takes effect— (a) on the day after the day on which the order is made, or (b) if the order specifies a later day on which it is to take effect, on that day. (4) In relation to each application for a statutory trust discharge order, the Secretary of State— (a) must publish notice of the decision whether or not to make the order, and (b) if the order is made, must publish the order. (5) That notice, or the order, is to be published in the manner which the Secretary of State considers appropriate. (128H) (1) In sections 128A to 128G and this section— - “application” means an application for a statutory trust discharge order; - “commencement” means the coming into force of section 69 of the English Devolution and Community Empowerment Act 2026; - “long lease” means a lease which was granted for a term of 20 years or longer; - “new publicity requirements” has the meaning given in section 128E(1); - “previous advertisement procedure” means whichever of the following applied to the previous appropriation or disposal— the requirement to advertise notice of the intention to make the appropriation in accordance with— section 122(2A) in the case of an appropriation by a principal council; section 126(4A) in the case of an appropriation by a parish council or parish meeting; the requirement to advertise notice of the intention to make the disposal in accordance with— section 123(2A) in the case of a disposal by a principal council; section 123(2A) as applied by section 127(2) in the case of a disposal by a parish council or parish meeting; - “previous appropriation or disposal” has the meaning given in section 128D(4); - “qualifying conditions” has the meaning given in section 128D(1); - “relevant land” means the land identified in the application for a statutory trust discharge order as the land relation to which the order is being sought; - “statutory trust discharge order” has the meaning given in section 128A(1). (2) A reference in sections 128A to 128G to the freehold owner, or the tenant under a long lease, is a reference to— (a) the Crown Estate Commissioners, if the freehold or long lease belongs to His Majesty in right of the Crown and forms part of the Crown Estate; (b) the government department having the management of the freehold or long lease, if it belongs to His Majesty in right of the Crown but does not form part of the Crown estate; (c) the government department concerned, if the freehold or long lease belongs to a government department or is held in trust for His Majesty for the purposes of a government department; (d) a person appointed by His Majesty in writing under the Royal Sign Manual, or if no such appointment is made the Secretary of State, if the freehold or long lease belongs to His Majesty in right of His private estates (which must be construed in accordance with section 1 of the Crown Private Estates Act 1862); (e) the Chancellor of the Duchy of Lancaster, if the freehold or long lease belongs to His Majesty in right of the Duchy of Lancaster; (f) a person appointed by the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, if the freehold or long lease belongs to the Duchy of Cornwall.

• (3) In section 266(1) (orders which are to be made by statutory instrument), for “other than section 261 above” substitute “other than section 128A(1)”.

Chapter 6 — Licensing of taxis and private hire vehicles

National standards

“National standard” and “regulated licence”

70

A “national standard” is a standard prescribed by the Secretary of State under any of sections 71 to 73.

Standards relating to the grant of a regulated licence

71

• (1) The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to be granted.

• (2) For each national standard prescribed under this section, the Secretary of State may, by regulations, provide for whether the licensing authority—

• (a) is required to refuse to grant the licence, or

• (b) has a power to refuse to grant the licence,

if the licensing authority is not satisfied that the standard is met.

• (3) Regulations under subsection (2) which relate to a standard may include provision—

• (a) for the licensing authority—

• (i) to be required to give an opportunity to remedy the failure to meet the standard, or

• (ii) to have a power to give such an opportunity, and

• (b) for the requirement or power to refuse the grant of the licence to cease to apply if the failure is remedied.

• (4) Regulations under this section may, in particular, provide for an existing power of refusal to be extended so that the existing power is used, or is treated as being used, to refuse the grant of a licence where the licensing authority is not satisfied that a national standard is met.

• (5) In this section “existing power of refusal” means a power to refuse to grant a licence (whenever conferred) which arises otherwise than under regulations under this section.

Standards relating to the suspension or revocation of a regulated licence

72

• (1) The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to continue in force.

• (2) For each national standard prescribed under this section, the Secretary of State may, by regulations—

• (a) provide for when, or the circumstances in which, a licensing authority must determine whether the standard is met;

• (b) provide for which permitted response or responses will be available if the licensing authority is not satisfied that the standard is met;

• (c) provide, if both permitted responses are available, for the circumstances in which a particular permitted response is to be made;

• (d) provide for whether the licensing authority—

• (i) is required to make a permitted response, or

• (ii) has a power to make a permitted response,

if the licensing authority is not satisfied that the standard is met;

• (e) provide for when, or the circumstances in which, the suspension of a regulated licence is to end, including provision under which the licensing authority has a discretion.

• (3) Regulations under subsection (2) which relate to a standard may include provision—

• (a) for the licensing authority—

• (i) to be required to give an opportunity to remedy the failure to meet the standard, or

• (ii) to have a power to give such an opportunity, and

• (b) for the requirement or power to make a permitted response to cease to apply if the failure is remedied.

• (4) Regulations under this section may, in particular, provide for an existing power of suspension or revocation to be extended so that the existing power is used, or is treated as being used, to suspend or revoke a licence where the licensing authority is not satisfied that a national standard is met.

• (5) In this section—

• “existing power of suspension or revocation” means a power to suspend or revoke a licence (whenever conferred) which arises otherwise than under regulations under this section;

• “permitted response” means— suspending a regulated licence, or revoking a regulated licence; and a reference to making a permitted response is to be read accordingly.

Standards relating to the renewal of a regulated licence

73

• (1) The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to be renewed.

• (2) For each national standard prescribed under this section, the Secretary of State may, by regulations, provide for whether the licensing authority—

• (a) is required to refuse to renew the licence, or

• (b) has a power to refuse to renew the licence,

if the licensing authority is not satisfied that the standard is met.

• (3) Regulations under subsection (2) which relate to a standard may include provision—

• (a) for the licensing authority—

• (i) to be required to give an opportunity to remedy the failure to meet the standard, or

• (ii) to have a power to give such an opportunity, and

• (b) for the requirement or power to refuse the renewal of the licence to cease to apply if the failure is remedied.

• (4) Regulations under this section may, in particular, provide for an existing power of refusal to be extended so that the existing power is used, or is treated as being used, to refuse the renewal of a licence where the licensing authority is not satisfied that a national standard is met.

• (5) In this section “existing power of refusal” means a power to refuse to renew a licence (whenever conferred) which arises otherwise than under regulations under this section.

Further provision about standards

74

• (1) National standards may relate to any of the following—

• (a) persons applying for or holding regulated licences;

• (b) other persons;

• (c) vehicles;

• (d) the types of services provided using taxis or private hire vehicles;

• (e) premises;

• (f) any other matters which appear to the Secretary of State to be appropriate.

• (2) National standards may require action to be taken (for example undertaking training, or installing or using equipment, technology or services).

• (3) National standards prescribed under section 72 or 73 may (in particular) relate to regulated licences granted before the regulations come into force.

• (4) This section does not limit the kinds of national standards that may be prescribed.

Duty to report concerns about drivers licensed in other areas

75

• (1) The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 is amended in accordance with this section.

• (2) Section 5 (duty to report concerns about drivers licensed in other areas) is amended in accordance with subsections (3) and (4).

• (3) In subsection (1), for paragraph (a) substitute—

(a) an English licensing authority (“the first authority”) becomes aware of— (i) relevant information, or (ii) information about a breach of a national standard, (b) the information relates to a person who has driven in the first authority’s area in reliance on a driver’s licence or a relevant licence granted by another licensing authority or a relevant authority (“the second authority”),

• (4) In subsection (2)—

• (a) in paragraph (a), for “relevant information” substitute “information of which it has become aware”;

• (b) in the words after paragraph (b), omit “relevant”.

• (5) After section 6 insert—

(6A) (1) The Secretary of State may, by regulations made by statutory instrument— (a) specify descriptions of relevant collated data, and (b) require English licensing authorities to produce and publish that collated data. (2) In this section “relevant collated data” means— (a) data derived from information provided in accordance with section 5, and (b) data derived from information about actions taken in accordance with section 6. (3) Regulations under this section may make different provision for different purposes. (4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Temporary suspension of licences

Power to suspend licence temporarily

76

• (1) An enforcement officer may suspend a regulated driver licence if—

• (a) the licence relates to the driver of a relevant vehicle being driven in the officer’s enforcement area, and

• (b) the officer considers that it is necessary in the interests of public safety to temporarily suspend the licence with immediate effect.

• (2) An enforcement officer may suspend a regulated vehicle licence if—

• (a) the licence relates to a relevant vehicle being driven in the officer’s enforcement area, and

• (b) the officer considers that it is necessary in the interests of public safety to temporarily suspend the licence with immediate effect.

• (3) An enforcement officer may suspend a regulated PHV operator licence if—

• (a) the licence relates to the operation of a relevant vehicle being driven in the officer’s enforcement area, and

• (b) the officer considers that it is necessary in the interests of public safety to temporarily suspend the licence with immediate effect.

• (4) A power under this section to suspend a licence is exercisable by an enforcement officer in respect of a licence granted by any licensing authority in England (whether or not it is the licensing authority which appointed or authorised the officer).

Suspension under section 76

77

• (1) This section applies if an enforcement officer decides to suspend a licence under section section 76.

• (2) The enforcement officer must give notice of the suspension to the person the officer believes to have been driving the relevant vehicle at the time the officer decided to suspend the licence.

• (3) The suspension takes effect at the time when the notice is given to the person.

• (4) The effect of the suspension is that the licence holder may not exercise any of the rights granted by the licence.

• (5) The suspension ceases to have effect at the end of the period of 48 hours beginning with the time when the notice was given.

• (6) But that is subject to section section 80(3).

• (7) The Secretary of State may, by regulations—

• (a) amend subsection (5) so as to provide for suspensions to cease to have effect at a different time, and

• (b) make consequential amendments of section section 79(2).

• (8) The Secretary of State may, by regulations, make provision about—

• (a) the form or contents of suspension notices;

• (b) the manner in which suspension notices are to be given.

Suspension notice given to person who is not licence holder

78

• (1) This section applies if—

• (a) an enforcement officer gives a suspension notice to a person, and

• (b) before the end of the suspension, the enforcement officer becomes aware that a different person is the holder of the licence (the “licence holder”).

• (2) The enforcement officer must notify the licence holder that the suspension notice has been given.

• (3) The Secretary of State may, by regulations, make provision about—

• (a) the form or contents of notifications under this section;

• (b) the period within which notifications under this section are to be given;

• (c) the manner in which notifications under this section are to be given.

Responsible licensing authority to be notified of suspension

79

• (1) This section applies if—

• (a) an enforcement officer gives a suspension notice in respect of a licence, and

• (b) the responsible licensing authority is not the licensing authority which appointed or authorised the officer.

• (2) The enforcement officer must notify the responsible licensing authority of the suspension before the end of the period of 24 hours beginning with the time when the notice was given.

• (3) The Secretary of State may, by regulations, make provision about—

• (a) the form or contents of notifications under this section;

• (b) the manner in which notifications under this section are to be given.

Responsible licensing authority’s response to suspension of licence

80

• (1) This section applies if an enforcement officer gives a suspension notice in respect of a licence (the “suspended licence”).

• (2) If the suspending authority is not the responsible licensing authority, this section does not apply unless the notification required by section 79 has been given.

• (3) The responsible licensing authority must—

• (a) terminate the suspension,

• (b) extend the period of suspension, or

• (c) allow the suspension to cease to have effect at the end of the period of suspension.

• (4) The responsible licensing authority must notify the holder of the suspended licence of—

• (a) the authority’s decision under subsection (3), and

• (b) any further extension of the period of suspension.

• (5) If the responsible licensing authority does not terminate the suspension, it may also notify the holder of any steps which would (if taken) result in the suspension being terminated.

• (6) After making the decision under subsection (3), the responsible licensing authority must decide whether and how to exercise its other functions as a licensing authority in relation to the suspended licence.

• (7) If the suspending authority is not the responsible licensing authority, the responsible licensing authority must notify the suspending authority of—

• (a) any decision by the responsible licensing authority under subsection (3);

• (b) any further extension of the period of suspension;

• (c) any decision by the responsible licensing authority under subsection (6).

• (8) The Secretary of State may, by regulations, make provision about the making of decisions under subsection (3) or (6).

• (9) The regulations may, in particular, make provision about the period within which those decisions must be made.

• (10) The Secretary of State may, by regulations, make provision about the extension of periods of suspension.

• (11) The regulations may, in particular, make provision about—

• (a) the length by which periods of suspension may be extended under subsection (3);

• (b) whether and how, and the length by which, periods of suspension may be extended more than once.

• (12) The Secretary of State may, by regulations, make provision about—

• (a) the form or contents of notifications under this section;

• (b) the period within which notifications under this section are to be given;

• (c) the manner in which notifications under this section are to be given.

• (13) In this section—

• “period of suspension” means— the period of suspension under section 76(5), or if that period has been extended under this section, that extended period;

• “suspended licence” has the meaning given in subsection (1);

• “suspending authority”, in relation to the suspended licence, means the licensing authority which appointed or authorised the enforcement officer who suspended the licence.

Appeals and compensation

81

• (1) The Secretary of State must make regulations providing for the holder of a licence that is suspended under the licence suspension provisions to appeal to a magistrates’ court against—

• (a) the suspension, or

• (b) any decision under section 80(3).

• (2) The Secretary of State may make regulations providing for compensation to be payable by licensing authorities in cases where—

• (a) an appeal under regulations under subsection (1) is successful, or

• (b) an enforcement officer gives a suspension notice but fails to give notice as required under section 78(2) in circumstances where it was reasonably practicable for the officer to have done so.

• (3) The regulations may provide for—

• (a) the amounts of compensation, or

• (b) the minimum or the maximum amounts of compensation.

• (4) The regulations may, in particular, confer (whether on a court or tribunal or person)—

• (a) the function of determining liability to pay compensation,

• (b) the function of determining the amount of compensation that is payable (in cases where the amount is not fixed by regulations under subsection (3)), or

• (c) other functions relating to compensation.

Enforcement officers

82

• (1) In the licence suspension provisions, “enforcement officer” means a person appointed or authorised by a licensing authority in England (the “appointing licensing authority”) to carry out functions conferred by those provisions on behalf of that authority.

• (2) Accordingly—

• (a) functions expressed in the licence suspension provisions as functions of enforcement officers are functions of the appointing licensing authority that are exercisable on that authority’s behalf by the officers appointed or authorised by that authority in accordance with subsection (1), and

• (b) a reference to a licensing authority in section 83 includes a reference to an enforcement officer.

• (3) Where a function is expressed as a function of the enforcement officer who gave a suspension notice, that function may instead be exercised by any other enforcement officer appointed or authorised by the appointing licensing authority.

• (4) The Secretary of State may make regulations providing for the issue and use of documents, clothing or badges or other marks to identify persons as enforcement officers.

General provision

Guidance

83

• (1) The Secretary of State may issue guidance to licensing authorities in connection with the exercise of their functions in accordance with this Chapter.

• (2) The Secretary of State may revise or revoke guidance issued under this section.

• (3) The Secretary of State must arrange for guidance under this section, and any revision of it, to be published.

• (4) A licensing authority must have regard to guidance issued under this section.

Relationship with existing licensing legislation

84

• (1) This Chapter does not prevent the exercise of any other power or duty of a licensing authority to—

• (a) grant,

• (b) suspend,

• (c) revoke, or

• (d) renew,

a regulated licence in a way that is consistent with provision made by or under this Chapter (which includes refusing to grant, suspending, revoking, or refusing to renew a licence when not required or authorised to do so by that provision).

• (2) Before section 37 of the Town Police Clauses Act 1847 insert—

(36A) The provisions of this Act relating to the licensing of hackney carriages are subject to Chapter 3 of the English Devolution and Community Empowerment Act 2026 (which makes provision about national standards for licences and the temporary suspension of licences).

• (3) After section 45 of the Local Government (Miscellaneous Provisions) Act 1976 insert—

(45A) This Part is subject to Chapter 3 of the English Devolution and Community Empowerment Act 2026 (which makes provision about national standards for licences and the temporary suspension of licences).

• (4) After section 2 of the London Hackney Carriages Act 1843 insert—

(2A) This Act is subject to Chapter 3 of the English Devolution and Community Empowerment Act 2026 (which makes provision about national standards for licences and the temporary suspension of licences).

• (5) After section 2 of the Metropolitan Public Carriage Act 1869 insert—

(2A) This Act is subject to Chapter 3 of the English Devolution and Community Empowerment Act 2026 (which makes provision about national standards for licences and the temporary suspension of licences).

• (6) After section 1 of the Private Hire Vehicles (London) Act 1998 insert—

(1A) This Act is subject to Chapter 3 of the English Devolution and Community Empowerment Act 2026 (which makes provision about national standards for licences and the temporary suspension of licences).

• (7) After section 1 of the Plymouth City Council Act 1975 insert—

(1A) This Act is subject to Chapter 3 of the English Devolution and Community Empowerment Act 2026 (which makes provision about national standards for licences and the temporary suspension of licences).

Regulations

85

• (1) Before making regulations under sections 71 to 73, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

• (2) Regulations under this Chapter may amend or repeal provision made by an Act of Parliament passed before, or in the same session as, this Act.

• (3) Regulations under sections 71 to 73 are subject to affirmative resolution procedure.

• (4) Regulations under—

• (a) section 77(7), or

• (b) section 80(11),

are subject to affirmative resolution procedure.

• (5) Regulations under this Chapter which amend or repeal provision made by an Act of Parliament (whether or not they also contain other provision) are subject to affirmative resolution procedure.

• (6) Any other regulations under this Chapter are subject to negative resolution procedure.

Interpretation

86

In this Chapter—

• “enforcement area”, in relation to an enforcement officer, means both of the following— the area of the licensing authority which appointed or authorised the officer, in relation to the suspension of any regulated licence; the whole of the rest of England, but only in relation to the suspension of a regulated licence granted by the licensing authority which appointed or authorised the officer;

• “enforcement officer” has the meaning given in section section 82(1);

• “licence suspension provisions” means sections 76 to 82 and this section;

• “licensing authority”, in relation to a regulated licence, means a public authority which has licensing functions under— sections 37 to 68 of the Town Police Clauses Act 1847; the Metropolitan Public Carriage Act 1869; the Plymouth City Council Act 1975; Part 2 of the Local Government (Miscellaneous Provisions) Act 1976; the Private Hire Vehicles (London) Act 1998;

• “national standards” has the meaning given in section 70;

• “PHV driver licence” is a licence under— section 51 of the Local Government (Miscellaneous Provisions) Act 1976, section 13 of the Private Hire Vehicles (London) Act 1998, or section 9 of the Plymouth City Council Act 1975;

• “PHV operator licence” is a licence under— section 55 of the Local Government (Miscellaneous Provisions) Act 1976, section 3 of the Private Hire Vehicles (London) Act 1998, or section 13 of the Plymouth City Council Act 1975;

• “PHV vehicle licence” is a licence under— section 48 of the Local Government (Miscellaneous Provisions) Act 1976, section 7 of the Private Hire Vehicles (London) Act 1998, or section 5 of the Plymouth City Council Act 1975;

• “regulated driver licence” means— a taxi driver licence, or a PHV driver licence, granted by a licensing authority in England;

• “regulated licence” means— a taxi driver licence, a taxi vehicle licence, a PHV driver licence, a PHV vehicle licence, or a PHV operator licence, granted by a licensing authority in England;

• “regulated PHV operator licence” means a PHV operator granted by a licensing authority in England;

• “regulated vehicle licence” means— a taxi vehicle licence, or a PHV vehicle licence, granted by a licensing authority in England;

• “relevant vehicle” means a vehicle that an enforcement officer reasonably believes is licensed by— a taxi vehicle licence, or a PHV vehicle licence;

• “responsible licensing authority”, in relation to a regulated licence, means the licensing authority with the power to revoke the licence;

• “standard” includes— a requirement, and a condition;

• “suspension notice” means notice of a suspension given in accordance with section 77(2);

• “taxi driver licence” is a licence under— section 46 of the Town Police Clauses Act 1847, or section 8 of the Metropolitan Public Carriage Act 1869;

• “taxi vehicle licence” is a licence under— section 37 of the Town Police Clauses Act 1847, or section 6 of the Metropolitan Public Carriage Act 1869.

Chapter 7 — Licensing of gambling premises

Licensing of gambling premises: impact assessments

87

• (1) The Gambling Act 2005 is amended in accordance with this section.

• (2) In section 153 (licensing authorities’ functions: principles to be applied), in subsection (3), for “section” substitute “sections 165A and”.

• (3) After section 153 insert—

(153A) (1) A licensing authority may publish a document (“a gambling impact assessment”) containing a statement that the licensing authority consider that the grant of any relevant licence, or of any further relevant licences, in respect of premises in one or more parts of their area described in the assessment (the “affected part or parts”) is not likely to be reasonably consistent with one or more of the licensing objectives because of— (a) the cumulative impact of relevant licences in respect of premises in the affected part or parts, or (b) other reasons which relate to that licensing objective, or those licensing objectives, and to the affected part or parts. (2) A gambling impact assessment must set out the evidence for the authority's opinion as set out in the assessment in accordance with subsection (1). (3) A gambling impact assessment may include a statement which is framed by reference to the grant of relevant licences in excess of a number specified in the statement. (4) A gambling impact assessment may relate— (a) to all relevant licences, or (b) only to relevant licences of a kind described in the assessment. (5) A licensing authority must— (a) from time to time review any gambling impact assessment published by them, (b) if they think it necessary in the light of a review, revise or withdraw the assessment, and (c) publish any revision. (6) Before publishing a gambling impact assessment (including a revised assessment), the licensing authority must consult the persons mentioned in section 349(3). (7) For the purposes of the consultation, the licensing authority must provide the persons mentioned in section 349(3) with the following information— (a) the reasons why they are considering publishing or revising a gambling impact assessment; (b) a general indication of the part or parts of their area which they are considering describing in the assessment; (c) whether they consider that the assessment will relate to all relevant licences or only to relevant licences of a particular kind. (8) In determining— (a) whether to publish a gambling impact assessment (including a revised assessment) or withdraw an assessment, or (b) the terms of a gambling impact assessment, a licensing authority may not have regard to the expected demand for facilities of the kinds that would require relevant licences to be operated lawfully. (9) If a licensing authority have published a gambling impact assessment, the authority must include a summary of the assessment in the three-year licensing policy. (10) For provision about the role of gambling impact assessments in the process of applying for relevant licences, see section 165A. (11) In this section— - “relevant licence” means— a bingo premises licence, an adult gaming centre premises licence, a family entertainment centre premises licence, or a betting premises licence; - “three-year licensing policy” means the statement published in accordance with section 349.

• (4) After section 165 insert—

(165A) (1) This section applies to an application for a relevant licence (the “prospective licence”) if— (a) the licensing authority have published a gambling impact assessment in accordance with section 153A, and (b) the licensing authority’s three-year licensing policy includes a presumption that the authority will reject an application for a relevant licence if the licence is within the scope of the assessment. (2) It is lawful for the licensing authority to reject the application solely on the ground that the prospective licence is within the scope of the gambling impact assessment (and therefore regardless of anything, including any legislation, which would otherwise support or require the grant of the prospective licence). (3) But a rejection of the application is not lawful on that ground (whether by virtue of subsection (2) or otherwise) if the person applying for the prospective licence— (a) asserts in the application that the grant of the prospective licence would be reasonably consistent with the licensing objective or objectives to which the gambling impact assessment relates, and (b) then shows that the grant of the prospective licence would be reasonably consistent with that licensing objective or those licensing objectives; (and, accordingly, inconsistency with that licensing objective or those licensing objectives cannot otherwise be a ground for rejecting the application). (4) For the purposes of this section, a licence is “within the scope of” a gambling impact assessment if the licence would (if granted)— (a) relate to premises in the part or parts of the authority’s area described in the assessment in accordance with section 153A(1), and (b) be a kind of licence to which the assessment applies in accordance with section 153A(1) (whether by virtue of section 153A(4)(a) or (b)). (5) But if the assessment is framed by reference to the grant of relevant licences in excess of a number specified in the statement, a licence is not within the scope of the assessment unless (additionally)— (a) the grant of the prospective licence, or (b) the grant of that licence and any other relevant licences for which applications are being considered at the same time, would result in that number being exceeded. (6) This section does not affect the powers of a licensing authority to decide what is included in their three-year licensing policy; and, in particular, it does not affect any powers— (a) to make other kinds of presumptions, and (b) to act lawfully in accordance with the terms of other kinds of presumptions. (7) In this section— - “relevant licence” has the same meaning as in section 153A; - “three-year licensing policy” means the statement published in accordance with section 349.

• (5) In section 349 (three-year licensing policy), after subsection (3) insert—

(3A) Subsection (3) does not require consultation in relation to a— (a) gambling impact assessment (within the meaning of section 153A) of which a summary is included in the statement being prepared or revised, or (b) a presumption of the kind referred to in section 165A(1)(b) included in that statement; and, instead, see section 153A(6).

Chapter 8 — National Park Authorities and the Broads Authority

The general power of competence

Extension of general power of competence to English National Park authorities and the Broads Authority

88

Schedule 33 amends the Localism Act 2011 to extend the general power of competence to English National Park authorities and the Broads Authority.

Part 4 — Local audit

Establishment of Local Audit Office

89

• (1) In the Local Audit and Accountability Act 2014, after Part 1 insert—

(1A) (1) A body corporate called the Local Audit Office is established. (2) Schedule 1A makes provision about the Office, including provision about its constitution and proceedings. (1B) (1) The main objective of the Local Audit Office in performing its functions is to secure the effective operation of the system of audit established by this Act, with a view to meeting the needs of users of the audited accounts. (2) That includes, in particular, securing— (a) that audits under this Act are carried out to a high standard, and (b) that there is a suitable range of persons able and willing to carry out such audits. (1C) (1) The Secretary of State may pay grants to the Local Audit Office. (2) The Office must, on request by the Secretary of State, provide estimates of its income and expenditure. (3) The Office may charge a person a fee for the exercise in relation to that person of any of its functions that is not the subject of more specific provision about fees. (4) That includes functions under— (a) an agreement under section 6B(5)(a), or (b) rules or arrangements made for the purposes of Schedule 1C. (5) A fee charged by the Office (under subsection (3) or otherwise) need not be calculated by reference to the cost of doing the thing to which the fee relates. (6) But the Office must set its fees with a view to securing that, over time, its income from fees is broadly equivalent to such of its expenditure as is not met by way of grant from the Secretary of State. (7) In subsection (6)— (a) the reference to fees includes other sums payable to the Office by agreement (see in particular section 6B(5)(b)), and (b) the reference to setting fees includes agreeing fees and other sums so payable. (8) Subsection (9) applies to any sum received by the Office by way of penalty under— (a) paragraph 3 of Schedule 1B (penalties against external registration body), or (b) arrangements made for the purposes of paragraph 10 of Schedule 1C (penalties against registered local audit provider), including any interest. (9) The Office— (a) must pay the sum to the Secretary of State, but (b) may deduct any costs incurred by it in connection with the imposition or enforcement of the penalty, so far as those costs are not otherwise recoverable. (1D) (1) The Local Audit Office must exercise its functions in accordance with any direction, and having regard to any guidance, given to it by the Secretary of State. (2) The Office must comply with any written request by the Secretary of State to be provided with information about the exercise of the Office’s functions. (3) Such a request may cover information about the exercise of functions after the request is made. (4) No direction, guidance or request under this section may relate to the exercise of functions in relation to a particular relevant authority. (5) The Secretary of State must— (a) consult the Local Audit Office before giving any direction or guidance under this section, and (b) publish any direction or guidance given under this section.

• (2) Schedule 34 makes further provision about the Local Audit Office (including the insertion of the Schedule 1A referred to above).

Local audit providers: registration and public provision

90

• (1) In the Local Audit and Accountability Act 2014, after Part 2 insert—

(6A) (1) The Local Audit Office must secure that there is at least one public register of individuals and firms who are (by virtue of their registration) entitled to carry out audits in accordance with this Act. (2) It may do so by— (a) keeping a register itself, or (b) designating another body as an external registration body (see section 6B). (3) An external registration body must keep a register meeting the description in subsection (1). (4) In this Act— - “local audit register” means a register kept in accordance with this section; - “registered local audit provider” means an individual or firm that is registered in a local audit register. (5) Fees may be charged in respect of— (a) applications for registration in a local audit register; (b) entry in such a register; (c) remaining in such a register. (6B) (1) The Local Audit Office may designate a body as an external registration body only if— (a) the body consents, and (b) the Office is satisfied that— (i) the body is able and willing to co-operate with the Office in pursuit of the objective set out in section 1B, (ii) the body is able and willing to promote and maintain high standards of integrity in the conduct of audits under this Act, and (iii) the rules and arrangements of the body that will have effect in relation to registered local audit providers and lead partners (see in particular Schedule 1C) will be fair, reasonable, and fit for purpose. (2) The Office— (a) may revoke the designation of an external registration body, and (b) must do so if no longer satisfied of the matters set out in subsection (1)(b), unless it considers that the body is likely to satisfy it of those matters again within a reasonable period. (3) The making or revocation of a designation is to be done by written notice to the body in question; and the Office must publish such a notice. (4) The making or revocation is to have effect from the time specified in the notice. (5) The Local Audit Office and an external registration body, or a body that anticipates becoming an external registration body, may enter into an agreement about— (a) how the body is to carry out its functions as an external registration body; (b) fees, costs or other sums that are to be paid by the body to the Office; (c) circumstances in which the Office will or will not exercise its power under subsection (2)(a); (d) procedures to be followed in order for the Office to reach a decision whether to exercise that power or whether its duty under subsection (2)(b) is engaged. (6) Fees charged by an external registration body under section 6A(5) may be calculated by reference to any costs borne by the body as a result of this Act. (7) Schedule 1B makes further provision about external registration bodies, including provision for the enforcement of their duties. (6C) (1) The body that keeps a local audit register must comply with the requirements of Schedule 1C (which sets out requirements in connection with the register, including requirements about eligibility for registration and the regulation of registered providers). (2) The requirements of Schedule 1C do not limit the ability of the body to have in place rules or arrangements going beyond those requirements (whether relating to the same or different subject matter). (3) An agreement under section 6B(5)(a) may, accordingly, include terms supplementing those requirements or imposing additional requirements. (6D) In Schedule 1D— (a) Part 1 sets out certain requirements as to professional qualification referred to in Schedule 1C, and (b) Part 2 makes provision about bodies offering qualifications referred to in Part 1. (6E) The Local Audit Office may— (a) form a firm, (b) acquire interests in a firm, or (c) give assistance (financial or otherwise) to a firm, with a view to the firm becoming, or remaining, a registered local audit provider that carries out audits under this Act. (6F) (1) This section applies if the Local Audit Office decides that it is to carry out audits under this Act. (2) The Office must put in place arrangements under which its audit practice will be monitored, inspected and reported on by persons acting independently of the Office. (3) The Office must send to the Secretary of State reports made to it under the arrangements.

• (2) Schedule 35 inserts the Schedule 1B, Schedule 1C and Schedule 1D referred to above.

New appointment arrangements for non-NHS audits

91

In the Local Audit and Accountability Act 2014, after Part 2A (inserted by section 90(1)) insert—