English Devolution and Community Empowerment Act 2026

(11) Regulations under this section may be made in relation to an existing CCA only with the consent of— (a) the constituent councils and the CCA, and (b) in the case of regulations made in relation to a mayoral CCA, the mayor of the CCA. (11A) The “appropriate authorities” for the purposes of this section— (a) in relation to a mayoral CCA means— (i) the constituent councils, and (ii) the mayor; (b) in relation to a non-mayoral CCA means— (i) the constituent councils, and (ii) the CCA.

• (b) for subsection (12) substitute—

(12A) The requirement in subsection (11) does not apply where a proposal to make the regulations has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).

36

In section 45 (proposal for new CCA)—

• (a) in the heading, at the end insert “(locally led)”;

• (b) in subsection (4), for paragraph (a) substitute—

(a) consult the relevant consultees,

• (c) after subsection (4) insert—

(4A) The “relevant consultees” for the purposes of subsection (4)(a) are— (a) the constituent councils, and (b) any other persons that the authority or authorities preparing the proposal consider it appropriate to consult.

• (d) omit subsection (7).

37

For section 46 substitute—

(46) (1) The Secretary of State may make regulations establishing a CCA for an area (whether or not including other provision made under this Part) only if the following requirements are met in relation to the regulations. (2) The Secretary of State considers that the statutory test is met. (3) The regulations must— (a) implement a proposal submitted to the Secretary of State in accordance with section 45 (proposal for new CCA - locally led), with or without modifications, or (b) implement a proposal which the Secretary of State is satisfied that the constituent councils have consented to in principle. (4) If the regulations fall under subsection (3)(a) or (b), the consultation requirement must be met. (5) If the regulations fall under subsection ..., the Secretary of State must in making the regulations have regard to any representations received before the end of the period specified in the notice. (6) The “statutory test” is that it is appropriate to make the regulations having regard to the need to secure effective and convenient local government across the area in relation to the areas of competence. (7) The “consultation requirement” is that the Secretary of State has consulted— (a) if the regulations fall under subsection (3)(a), such persons (if any) as the Secretary of State considers it necessary to consult about— (i) the proposal that the regulations will implement, and (ii) any modifications to that proposal; (b) if the regulations fall under subsection (3)(b), the relevant consultees about the proposal. (8) Subsection (9) applies where the Secretary of State is considering whether to make regulations establishing a CCA for an area and— (a) part of the area is separated from the rest of it by one or more local government areas that are not within the area, or (b) a local government area that is not within the area is surrounded by local government areas that are within the area. (9) In deciding whether to make the regulations, the Secretary of State must have regard to the likely effect of the creation of the proposed CCA on the exercise of functions equivalent to those of the proposed CCA's functions in each local government area that is next to any part of the proposed CCA area. (10) The requirements of this section do not apply to regulations to the extent that they include provision made under section 33 (functions of mayors: policing). (11) In this section— - “areas of competence” has the meaning given by section 2 of the English Devolution and Community Empowerment Act 2026; - “proposed area” means the area for which the CCA is proposed to be established; - the “relevant consultees” means— the constituent councils, and any other persons that the Secretary of State considers it appropriate to consult.

38

In section 47 (proposal for changes to existing arrangements relating to CCA)—

• (a) in the heading, at the end insert “(locally led)”;

• (b) in subsection (1)(a), for the words from “section 10” to “33” substitute “any of the relevant sections”;

• (c) after subsection (1) insert—

(1A) The “relevant sections” are— (a) section 10 (constitutional arrangements); (b) section 16 (funding); (c) section 18 (local authority functions); (d) section 19 (other public authority functions); (e) section 21 (integrated transport authority and passenger transport executive); (f) section 22 (directions relating to highways and traffic functions); (g) section 25 (changes to boundaries of a CCA’s area); (h) section 26 (dissolution of a CCA’s area); (i) section 27 (power to provide for election of mayor); (j) section 30 (functions of mayors: general).

• (d) in subsection (3), for paragraph (a), substitute—

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

• (e) in subsection (5), after “regulations”, in the first place it occurs, insert “under section 10, 16, 18, 19, 21, 22, or 30”;

• (f) after subsection (5) insert—

(5A) Before a proposal under this section for the making of regulations under section 25 or 26 is submitted to the Secretary of State, the relevant consenting authorities must consent to the submission of the proposal. (5B) Before a proposal under this section for the making of regulations under section 27 is submitted to the Secretary of State, the constituent councils and the CCA must consent to the submission of the proposal.

• (g) in subsection (6), after “(5)” insert “,(5A) or (5B)”;

• (h) after subsection (6) insert—

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

• (i) omit subsection (7);

• (j) for subsection (8) substitute—

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

39

After section 47 insert—

(47A) (1) The Secretary of State may prepare a proposal under this section to add a local government area to an existing area of a CCA only if the following requirements are met. (2) The local government area, or any part of it, is not within the area of a combined authority or CCA. (3) At the time the Secretary of State starts to prepare the proposal— (a) no relevant proposals have been submitted to the Secretary of State in relation to the local government area (or any part of that area), or (b) a relevant proposal has been so submitted but the Secretary of State does not consider it to be a viable proposal. (4) A “relevant proposal” is a proposal— (a) under section 109A of the Local Democracy, Economic Development and Construction Act 2009 to establish a new combined authority; (b) under section 45 to establish a new combined county authority; (c) under section 112A of the Local Democracy, Economic Development and Construction Act 2009 to add an area to the existing area of a combined authority; (d) under section 47 to add an area to the existing area of a combined county authority. (5) The Secretary of State has had regard to whether the statutory test would be met in relation to the regulations that would give effect to the proposal (and for that purpose the reference in the statutory test to “the area” is to the proposed area). (6) The Secretary of State must give notice of any proposal prepared under subsection (1) (including a copy of the proposal) to— (a) any county council whose area would be added to the area of the CCA, (b) any unitary district council whose area would be added to the area of the CCA, (c) if the CCA is a mayoral CCA, the mayor, (d) the constituent councils of the CCA, and (e) any other persons that the Secretary of State considers appropriate. (7) The notice under subsection (6) must specify the period before the end of which any notified person may make representations in writing to the Secretary of State. (8) In this section— - “notified person” means a person notified about a proposal under this section in accordance with subsection (6); - “proposed area” means the area of a CCA after the local government area that is proposed to be added to it has been added to the area; - “statutory test” has the meaning given by section 46(6).

40

For section 48 substitute—

(48) (1) The Secretary of State may make regulations under any of the relevant sections in relation to an existing CCA only if— (a) the Secretary of State considers that the statutory test is met, and (b) any consultation required by subsection (3) or (4) has been carried out. (2) The relevant sections are— (a) section 10 (constitutional arrangements); (b) section 16 (funding); (c) section 18 (local authority functions); (d) section 19 (other public authority functions); (e) section 21 (integrated transport authority and passenger transport executive); (f) section 22 (directions relating to highways and traffic functions); (g) section 27 (power to provide for election of mayor); (h) section 30 (functions of mayors: general). (3) If the regulations implement a proposal submitted to the Secretary of State in accordance with section 47, the Secretary of State must consult such persons (if any) as the Secretary of State considers it necessary to consult about the proposal. (4) In any other case, the Secretary of State must consult the relevant consultees. (5) Subsection (4) does not apply if the regulations are made in accordance with the requirements under section 28(3). (6) The “relevant consultees” for the purposes of subsection (4)— (a) in relation to a mayoral CCA means— (i) the constituent councils, and (ii) the mayor; (b) in relation a non-mayoral CCA means— (i) the constituent councils, and (ii) the CCA. (7) In this section, “statutory test” has the meaning given by section 46(6).

41

After section 48 insert—

(48A) (1) The Secretary of State may make regulations under section 25 (boundary changes) or 26 (dissolution) in relation to an existing CCA only if the following requirements are met. (2) The Secretary of State considers that the statutory test is met. (3) For the purposes of subsection (2), the reference in the statutory test to “the area”— (a) in relation to regulations under section 25, means the area after the local government area in question has been added or removed, or (b) in relation to regulations under section 26, means the area of the CCA. (4) The regulations must— (a) implement a proposal submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA, locally led), with or without modifications, (b) implement a proposal of which notice was given under section 47A (proposal to add an area to an existing area of a CCA, Secretary of State directed), with or without modifications, or (c) implement a proposal which the Secretary of State is satisfied that the relevant consenting authorities have consented to in principle (see sections 48B and 48C: relevant consenting authorities). (5) If the regulations falls under subsection (4)(a) or (c), the consultation requirement must be met. (6) If the regulations fall under subsection (4)(b), the Secretary of State must in making the regulations have regard to any representations received before the end of the period specified in the notice. (7) The “consultation requirement” is that the Secretary of State has consulted— (a) if the regulations fall under subsection (4)(a), such persons (if any) as the Secretary of State considers it necessary to consult about the proposal that the regulations will implement; (b) if the regulations fall under subsection (4)(c), the relevant consultees about the proposal. (8) Subsection (9) applies where the Secretary of State is considering whether to make regulations under section 25 and— (a) part of the area to be created is separated from the rest of it by one or more local government areas that are not within the area, or (b) a local government area that is not within the area to be created is surrounded by local government areas that are within the area. (9) In deciding whether to make regulations under section 25, the Secretary of State must have regard to the likely effect of the change to the CCA’s area on the exercise of functions equivalent to those of the CCA’s functions in each local government area that is next to any part of the area to be created by the regulations. (10) In this section— - “relevant consultee”— in relation to regulations under section 25 means— the council of the local government area to be added to or removed from the area of the CCA; if the CCA that the local government area is to be added to or removed from is a mayoral CCA, the mayor of the CCA; if the CCA that the local government area is to be added to or removed from is a non-mayoral CCA, the CCA; any other persons that the Secretary of State considers appropriate; in relation to regulations under section 26 means— the constituent councils of the CCA that is to be abolished, if the CCA that is to be abolished is a mayoral CCA, the mayor of the CCA; if the CCA that is to be abolished is a non- mayoral CCA, the CCA; any other persons that the Secretary of State considers appropriate; - “statutory test” has the meaning given by section 46(6). (48B) (1) The “relevant consenting authorities” in relation to regulations under section 25 means— (a) the relevant council in relation to the relevant local government area to be added to or removed from the area of the CCA, and (b) if the CCA that the local government area is to be added to or removed from is a mayoral CCA, the mayor of the CCA; (c) if the CCA that the local government area is to be added to or removed from is a non-mayoral CCA, the CCA. (2) The “relevant council” in relation to a relevant local government area is— (a) if the local government area is the area of a county council, the county council; (b) if the local government area is the area of a unitary district council, the unitary district council. (3) Where a CCA is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 48A(4)(c) is to be decided at a meeting of the CCA by a simple majority of the voting members of the authority who are present at the meeting. (4) A reference in subsection (3) to a voting member— (a) includes a substitute member who may act in place of a voting member; (b) does not include a non-constituent member. (48C) The “relevant consenting authorities” in relation to regulations under section 26 means— (a) a majority of the constituent councils, and (b) if the CCA to be abolished is a mayoral CCA, the mayor for the area of the authority.

42

In section 52 (general power of competence)—

• (a) in subsection (2) omit “(as defined by section 28(4)”;

• (b) for subsection (3) substitute—

(2A) The “appropriate authorities” for the purposes of this section are— (a) the constituent councils, and (b) in the case of regulations in relation to an existing CCA, the CCA.

Schedule 2 — Decision-making and exercise of functions

Planning and Compulsory Purchase Act 2004

1

The provisions of the Planning and Compulsory Purchase Act 2004 referred to in paragraphs 2 to 4 are inserted by section 58 of the Planning and Infrastructure Act 2025.

2

In section 12A of the Planning and Compulsory Purchase Act 2004 (spatial development strategy to be produced by strategic planning authorities), after subsection (3) insert—

(3A) Where there is a mayor for the area of a combined authority or combined county authority, the functions of the authority under this Part as a strategic planning authority are functions of the authority exercisable only by the mayor on behalf of the authority.

3

• (1) Section 12L of the Planning and Compulsory Purchase Act 2004 (adoption of spatial development strategy) is amended in accordance with this paragraph.

• (2) In subsection (4), for “Subsection (5) applies” substitute “Subsections (4A) to (5) apply”.

• (3) For subsections (4) and (5) substitute—

(4) Subsections (4A) to (5) apply in relation to the adoption of a spatial development strategy by— (a) a combined authority, or (b) a combined county authority. (4A) In the case of a non-mayoral combined authority or non-mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the constituent members present and voting on that resolution at a meeting of the authority. (4B) In the case of a mayoral combined authority or mayoral combined county authority, a resolution to adopt the strategy is to be made by a simple majority of the relevant members present and voting on that resolution at a meeting of the authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor. (4C) But if— (a) the office of mayor is vacant, and (b) there is no deputy mayor, the decision is to be made by a simple majority of the other relevant members present and voting on that question at a meeting of the authority. (4D) In the case of a resolution by a non-mayoral combined authority or non-mayoral combined county authority— (a) each constituent member has one vote; (b) in the case of a tied vote— (i) no person has a casting vote; and (ii) the authority must be regarded as having disagreed to the question that the decision should be made. (5) In the case of a resolution of a mayoral combined authority or mayoral combined county authority— (a) each relevant member has one vote; (b) in the event of a tied vote then (unless it is a case where subsection (4C) applies), the mayor, or the deputy mayor acting in place of the mayor, has a casting vote (in addition to any other vote the mayor or deputy mayor may have).

• (4) After subsection (7) insert—

(8) In this section— - “constituent member”, in relation to a combined authority or combined county authority—means a person appointed by a constituent council to be a member of the authority; andalso includes a person acting as a member of the authority in the absence of such a member;and here “constituent council” has the meaning given in section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 (in relation to a combined authority) or section 10(11) of the Levelling-up and Regeneration Act 2023 (in relation to a combined county authority); - “relevant member”, in relation to mayoral combined authority or mayoral combined county authority means—a constituent member, orthe mayor,and also includes the deputy mayor acting in place of the mayor.

4

In section 12X of the Planning and Compulsory Purchase Act 2004 (interpretation), in subsection (1), after the definition of “national development management policy”, insert—

• “non-mayoral combined authority” means a combined authority that is not a mayoral combined authority;
• “non-mayoral combined county authority” means a combined county authority that is not a mayoral combined county authority;

Local Government and Housing Act 1989

5

In section 13 of LGHA 1989 (voting rights of members of certain committees: England and Wales), before subsection (6) insert—

(5B) Nothing in this section prevents the appointment of any of the following as a voting member of a committee or sub-committee of a combined authority or combined county authority— (a) a person who is a member of a constituent council of that authority; (b) a person who is a non-constituent member of that authority, if that authority has resolved that that person is to be a voting member of that committee or sub-committee. (5C) In subsection (5B)— - “combined authority” has the same meaning as in section 21(1)(jb); - “combined county authority” has the same meaning as in section 21(1)(jba); - “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, ora 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, ora 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; - “non-constituent member” has the same meaning—as in section 104A of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority;as in section 11 of the Levelling-up and Regeneration Act 2023 in relation to a combined county authority; - “resolved” means—in relation to a combined authority, resolved under section 104A(4) of the Local Democracy, Economic Development and Construction Act 2009;in relation to a combined county authority, resolved under section 11(4) of the Levelling-up and Regeneration Act 2023.

Local Government Act 1972

6

• (1) Section 101 of LGA 1972 (arrangements for discharge of functions by local authorities) is amended in accordance with this paragraph.

• (2) For subsection (1D) substitute—

(1D) A combined authority may not arrange for the discharge of a function under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority unless a mayor for the area of the authority has given the authority written consent for the function to be so discharged. (1DA) If a mayor for the area of the authority notifies the authority of withdrawal of the consent (whether the consent was given by that mayor or a predecessor), the arrangements made under subsection (1) for the discharge of the function cease to have effect; but that does not affect anything already done under the arrangements.

• (3) For subsection (1F) substitute—

(1F) A combined county authority may not arrange for the discharge of a function under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority unless a mayor for the area of the authority has given the authority written consent for the function to be so discharged. (1FA) If a mayor for the area of the authority notifies the authority of withdrawal of the consent (whether the consent was given by that mayor or a predecessor), the arrangements made under subsection (1) for the discharge of the function cease to have effect; but that does not affect anything already done under the arrangements.

Schedule 3 — Commissioners

Schedule 2A to LURA 2023

1

After Schedule 2 to LURA 2023 insert—

Schedule 2A (1) This Schedule applies to commissioners appointed by the mayor for the area of a CCA (see section 29A). (2) (1) The appointment of an ineligible person as a commissioner is of no effect. (2) The appointment of a person ceases to have effect if a person becomes ineligible after appointment as a commissioner. (3) For the purposes of this paragraph a person is “ineligible” if the person— (a) is disqualified for being elected or holding office as the mayor for the area of a CCA under paragraph 8, 9 or 9A of Schedule 2, or (b) is the mayor or deputy mayor for the area of the CCA to which the appointment relates. (4) But being a commissioner does not make a person ineligible by virtue of paragraph 8(1)(a) of Schedule 2 (as applied by sub-paragraph (3)(a)) — instead see paragraph 4(3). (5) Any defect in the appointment of a person as a commissioner, or in the qualifications of a person appointed as a commissioner, does not affect the validity of anything done by the person as commissioner. (3) (1) The mayor must determine the terms and conditions of a person’s appointment as a commissioner. (2) But that is subject to the provisions of this Schedule. (4) (1) The terms and conditions must provide for the person’s work as commissioner to relate to one of the areas of competence (the commissioner’s “special” area of competence), whether by relating to— (a) one or more aspects of that area of competence, or (b) that area of competence generally. (2) This paragraph does not prevent a person’s work as a commissioner from relating incidentally— (a) to any area of competence other than the commissioner’s special area, or (b) to matters outside any of the areas of competence. (3) The appointment of a person as a commissioner (the “invalid appointment”) is of no effect if (in the absence of this paragraph) the person would, at any particular time, be serving— (a) as commissioner under the invalid appointment, and (b) as commissioner under another appointment made before, or at the same time as, the invalid appointment— (i) under section 29A (whether or not in relation to the same CCA as the invalid appointment), or (ii) under section 107CA of the Local Democracy, Economic Development and Construction Act 2009 (appointments by mayors of combined authorities). (5) (1) The terms and conditions must provide for a person’s appointment as a commissioner to end on or before the last day of the relevant term of office of the mayor making the appointment. (2) If the mayor who made the appointment ceases to hold office before the last day of the relevant term of office— (a) any arrangements under section 30(3)(ba) for the commissioner to exercise functions cease to have effect; (b) the commissioner must not carry out any work as commissioner, except work in preparation for the ending of the appointment in accordance with paragraph (c); and (c) the appointment as commissioner ends with the earlier of the following days— (i) the day on which a person next becomes mayor for the area of the CCA; (ii) the last day of the period of three months beginning with the day on which the mayor ceases to hold office. (3) In this paragraph “relevant term of office”, in relation to an appointment of a person as a commissioner made by a mayor, means the term of office of the mayor during which, or in relation to which, the appointment is made. (6) (1) The power of the mayor to arrange under section 30(3)(ba) for a commissioner to exercise a function is subject to this paragraph. (2) The mayor may not arrange for a commissioner to exercise— (a) any function of approving— (i) a local growth plan under section 32A, (ii) a local transport plan under Part 2 of the Transport Act 2000, (iii) a spatial development strategy under Part 2 of the Planning and Compulsory Purchase Act 2004, or (iv) any other document that is specified for the purposes of this paragraph in regulations made by the Secretary of State; (b) any function of making or terminating the appointment of a person as a member of staff or holder of any office or role (whether as an employee or otherwise); (c) any function of a police and crime commissioner that is exercisable by the mayor or the deputy mayor for policing and crime; (d) excepted fire and rescue functions. (3) The mayor must obtain the consent of the CCA to any arrangement for a commissioner to exercise a function; but this does not apply to a function that is exercisable only by the mayor on behalf of the CCA. (4) The mayor may not arrange for a commissioner to exercise a function except in relation to the commissioner’s special area of competence. (5) That does not prevent the mayor from arranging for the commissioner to exercise the function incidentally in relation— (a) to any area of competence other than the commissioner’s special area, or (b) to matters outside any of the areas of competence. (6) In this paragraph “excepted fire and rescue functions” means— (a) functions under the following provisions of the FRSA 2004— (i) section 13 (reinforcement schemes); (ii) section 15 (arrangements with other employers of fire-fighters); (iii) section 16 (arrangements for discharge of functions by others); (b) the functions of— (i) appointing, suspending or dismissing the chief fire officer; (ii) approving the terms of appointment of the chief fire officer; (iii) holding the chief fire officer to account for managing the fire and rescue service; (c) approving— (i) the community risk management plan; (ii) the fire and rescue declaration; (d) approving plans, modifications to plans and additions to plans for the purpose of ensuring that— (i) as far as reasonably practicable, the CCA is able to perform its fire and rescue functions if an emergency occurs, and (ii) the CCA is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it; (e) approving any arrangements for the co-operation of the CCA in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of— (i) the performance of the CCA’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise); (ii) any duties under subordinate legislation made in exercise of powers under that Act. (7) In sub-paragraph (6) and this sub-paragraph— - “Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental); - “chief fire officer” means the person with responsibility for managing the fire and rescue service; - “community risk management plan” means a plan which—is prepared and published by the CCA in accordance with the Fire and Rescue National Framework, andsets out for the period covered by the document in accordance with the requirements of the Framework—the CCA’s priorities and objectives, andan assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the discharge of the CCA’s fire and rescue functions; - “emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”); - “fire and rescue authority” means a fire and rescue authority under the FRSA 2004; - “fire and rescue declaration” means a document which—is prepared and published by the CCA in accordance with the Fire and Rescue National Framework, andcontains a statement of the way in which the CCA has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the CCA for that period; - “fire and rescue functions” means—functions of a fire and rescue authority which the CCA has by virtue of regulations under section 19, orfunctions which the CCA has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the FRSA 2004; - “Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRSA 2004; - “fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under—section 6 of the FRSA 2004 (fire safety);section 7 of the FRSA 2004 (fire-fighting);section 8 of the FRSA 2004 (road traffic accidents);any applicable order under section 9 of the FRSA 2004 (emergencies);section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise) and any applicable subordinate legislation made under that Act;any other provision of, or made under, an enactment which confers functions on a fire and rescue authority; - “FRSA 2004” means the Fire and Rescue Services Act 2004. (7) (1) A CCA may— (a) make a scheme providing for the payment of allowances to commissioners appointed by the mayor for the area of the CCA, and (b) pay allowances in accordance with the scheme. (2) A CCA may only make a scheme if— (a) the CCA has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and (b) the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel. (3) A CCA which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts). (4) In this section “relevant remuneration panel” means a panel that is specified, or of a description specified, in regulations made by the Secretary of State for the purposes of this paragraph. (8) The appointment of a person as a commissioner ends if— (a) the appointment ceases to have effect in accordance with paragraph 2(2)or 4(3), (b) the appointment ends— (i) in accordance with the terms and conditions included by virtue of paragraph 5(1), or (ii) in accordance with paragraph 5(2), (c) the appointment is terminated in accordance with its terms and conditions or otherwise in accordance with contract law— (i) by the mayor for the area of the CCA (whether that is the person who made the appointment or a successor), or (ii) by the commissioner, (d) the appointment ceases to have effect in accordance with paragraph 9(4), or (e) the commissioner dies. (9) (1) The power which the CCA’s overview and scrutiny committee has (or its overview and scrutiny committees have between them) in accordance with paragraph 1(3) of Schedule 1 must include power to recommend that a commissioner’s appointment is terminated. (2) If a recommendation is made that a commissioner’s appointment is terminated, the CCA must decide whether or not to accept the recommendation. (3) A decision to accept the recommendation must be made by a two thirds majority of the non-mayoral members, or substitute members acting in their place, of the CCA present and voting on the question at a meeting of the authority. (4) If a decision is made to accept the recommendation, the commissioner’s appointment ceases to have effect when the decision is made. (5) In this paragraph “non-mayoral members”, in relation to a CCA, means the members of the CCA other than the mayor. (10) (1) The powers to make and terminate the appointment of a person as a commissioner are (by virtue of section 30(1A)) powers of the CCA exercisable only by the mayor on behalf of the CCA. (2) Accordingly, if a person is appointed as a commissioner— (a) under a worker’s contract, the CCA is the employer; (b) under a contract other than a worker’s contract, the contract is between the CCA and the commissioner; (c) otherwise than under a contract, the commissioner holds office under the CCA. (3) In this paragraph “worker’s contract” and “employer” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act). (11) (1) The Secretary of State may issue guidance about the selection or appointment of commissioners. (2) The mayors for the areas of CCAs must take account of any such guidance. (3) The Secretary of State may issue guidance about the exercise of the function under paragraph 6(3) of consenting to arrangements for a function to be exercisable by a commissioner. (4) CCAs must take account of any such guidance. (5) The Secretary of State may issue guidance about the exercise by CCAs of the powers conferred by paragraph 7 and guidance about compliance with the duty under that paragraph to produce and publish reports. (6) CCAs must take account of any such guidance. (7) The Secretary of State may issue guidance about the terms of reports produced by relevant remuneration panels for the purposes of paragraph 7. (8) Relevant remuneration panels must take account of any such guidance. (9) The Secretary of State may issue guidance about the making of recommendations under paragraph 9 to terminate the appointment of a person as commissioner. (10) The members of overview and scrutiny committees must take account of any such guidance.

2

In section 252 of LURA 2023 (regulations), in subsection (8), after paragraph (k) insert—

(l) under Schedule 2A.

Schedule 5BA to LDEDCA 2009

3

After Schedule 5B to LDEDCA 2009 insert—

Schedule 5BA (1) This Schedule applies to commissioners appointed by the mayor for the area of a combined authority (see section 107CA). (2) (1) The appointment of an ineligible person as a commissioner is of no effect. (2) The appointment of a person ceases to have effect if a person becomes ineligible after appointment as a commissioner. (3) For the purposes of this paragraph a person is “ineligible” if the person— (a) is disqualified for being elected or holding office as the mayor for the area of a combined authority under paragraph 9, 9A or 9B of Schedule 5B, or (b) is the mayor or deputy mayor for the area of the combined authority to which the appointment relates. (4) But being a commissioner does not make a person ineligible by virtue of paragraph 8(1)(a) of Schedule 2 (as applied by sub-paragraph (3)(a)) — instead see paragraph 4(3). (5) Any defect in the appointment of a person as a commissioner, or in the qualifications of a person appointed as a commissioner, does not affect the validity of anything done by the person as commissioner. (3) (1) The mayor must determine the terms and conditions of a person’s appointment as a commissioner. (2) But that is subject to the provisions of this Schedule. (4) (1) The terms and conditions must provide for the person’s work as commissioner to relate to one of the areas of competence (the commissioner’s “special” area of competence)., whether by relating to— (a) one or more aspects of that area of competence, or (b) that area of competence generally. (2) This paragraph does not prevent a person’s work as a commissioner from relating incidentally— (a) to any area of competence other than the commissioner’s special area, or (b) to matters outside any of the areas of competence. (3) The appointment of a person as a commissioner (the “invalid appointment”) is of no effect if (in the absence of this paragraph) the person would, at any particular time, be serving— (a) as commissioner under the invalid appointment, and (b) as commissioner under another appointment made before, or at the same time as, the invalid appointment— (i) under section 107CA (whether or not in relation to the same combined authority as the invalid appointment), or (ii) under section 29A of the Levelling-up and Regeneration Act 2023 (appointments by mayors of CCAs). (5) (1) The terms and conditions must provide for a person’s appointment as a commissioner to end on or before the last day of the relevant term of office of the mayor making the appointment. (2) If the mayor who made the appointment ceases to hold office before the last day of the relevant term of office— (a) any arrangements under section 107D(3)(ba) for the commissioner to exercise functions cease to have effect; (b) the commissioner must not carry out any work as commissioner, except work in preparation for the ending of the appointment in accordance with paragraph (c); and (c) the appointment as commissioner ends with the earlier of the following days— (i) the day on which a person next becomes mayor for the area of the combined authority; (ii) the last day of the period of three months beginning with the day on which the mayor ceases to hold office. (3) In this paragraph “relevant term of office”, in relation to an appointment of a person as a commissioner made by a mayor, means the term of office of the mayor during which, or in relation to which, the appointment is made. (6) (1) The power of the mayor to arrange under section 107D(3)(ba) for a commissioner to exercise a function is subject to this paragraph. (2) The mayor may not arrange for a commissioner to exercise— (a) any function of approving— (i) a local growth plan under section 107L, (ii) a local transport plan under Part 2 of the Transport Act 2000, (iii) a spatial development strategy under Part 2 of the Planning and Compulsory Purchase Act 2004, or (iv) any other document that is specified for the purposes of this paragraph in an order made by the Secretary of State; (b) any function of making or terminating the appointment of a person as a member of staff or holder of any office or role (whether as an employee or otherwise); (c) any function of a police and crime commissioner that is exercisable by the mayor or the deputy mayor for policing and crime; (d) excepted fire and rescue functions. (3) The mayor must obtain the consent of the combined authority to any arrangement for a commissioner to exercise a function; but this does not apply to a function that is exercisable only by the mayor on behalf of the combined authority. (4) The mayor may not arrange for a commissioner to exercise a function except in relation to the commissioner’s special area of competence. (5) That does not prevent the mayor from arranging for the commissioner to exercise the function incidentally in relation— (a) to any area of competence other than the commissioner’s special area, or (b) to matters outside any of the areas of competence. (6) In this paragraph “excepted fire and rescue functions” means— (a) functions under the following provisions of the FRSA 2004— (i) section 13 (reinforcement schemes); (ii) section 15 (arrangements with other employers of fire-fighters); (iii) section 16 (arrangements for discharge of functions by others); (b) the functions of— (i) appointing, suspending or dismissing the chief fire officer; (ii) approving the terms of appointment of the chief fire officer; (iii) holding the chief fire officer to account for managing the fire and rescue service; (c) approving— (i) the community risk management plan; (ii) the fire and rescue declaration; (d) approving plans, modifications to plans and additions to plans for the purpose of ensuring that— (i) as far as reasonably practicable, the combined authority is able to perform its fire and rescue functions if an emergency occurs, and (ii) the combined authority is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it; (e) approving any arrangements for the co-operation of the combined authority in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of— (i) the performance of the combined authority’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise); (ii) any duties under subordinate legislation made in exercise of powers under that Act. (7) In sub-paragraph (6) and this sub-paragraph— - “Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental); - “chief fire officer” means the person with responsibility for managing the fire and rescue service; - “community risk management plan” means a plan which—is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, andsets out for the period covered by the document in accordance with the requirements of the Framework—the combined authority’s priorities and objectives, andan assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the combined authority’s fire and rescue functions; - “emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”); - “fire and rescue authority” means a fire and rescue authority under the FRSA 2004; - “fire and rescue declaration” means a document which—is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, andcontains a statement of the way in which the combined authority has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the combined authority for that period; - “fire and rescue functions” means—functions of a fire and rescue authority which the combined authority has by virtue of an order under section 105A, orfunctions which the combined authority has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the FRSA 2004; - “Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRSA 2004; - “fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under—section 6 of the FRSA 2004 (fire safety);section 7 of the FRSA 2004 (fire-fighting);section 8 of the FRSA 2004 (road traffic accidents);any applicable order under section 9 of the FRSA 2004 (emergencies);section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise) and any applicable subordinate legislation made under that Act;any other provision of, or made under, an enactment which confers functions on a fire and rescue authority; - “FRSA 2004” means the Fire and Rescue Services Act 2004. (7) (1) A combined authority may— (a) make a scheme providing for the payment of allowances to commissioners appointed by the mayor for the area of the combined authority, and (b) pay allowances in accordance with the scheme. (2) A combined authority may only make a scheme if— (a) the combined authority has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and (b) the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel. (3) A combined authority which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts). (4) In this section “relevant remuneration panel” means a panel that is specified, or of a description specified, in an order made by the Secretary of State for the purposes of this paragraph. (8) The appointment of a person as a commissioner ends if— (a) the appointment ceases to have effect in accordance with paragraph 2(2)or 4(3), (b) the appointment ends— (i) in accordance with the terms and conditions included by virtue of paragraph 5(1), or (ii) in accordance with paragraph 5(2), (c) the appointment is terminated in accordance with its terms and conditions or otherwise in accordance with contract law— (i) by the mayor for the area of the combined authority (whether that is the person who made the appointment or a successor), or (ii) by the commissioner, (d) the appointment ceases to have effect in accordance with paragraph 9(4), or (e) the commissioner dies. (9) (1) The power which the combined authority’s overview and scrutiny committee has (or its overview and scrutiny committees have between them) in accordance with paragraph 1(3) of Schedule 5A must include power to recommend that a commissioner’s appointment is terminated. (2) If a recommendation is made that a commissioner’s appointment is terminated, the combined authority must decide whether or not to accept the recommendation. (3) A decision to accept the recommendation must be made by a two thirds majority of the non-mayoral members, or substitute members acting in their place, of the combined authority present and voting on the question at a meeting of the authority. (4) If a decision is made to accept the recommendation, the commissioner’s appointment ceases to have effect when the decision is made. (5) In this paragraph “non-mayoral members”, in relation to a combined authority, means the members of the combined authority other than the mayor. (10) (1) The powers to make and terminate the appointment of a person as a commissioner are (by virtue of section 107D(1A)) powers of the combined authority exercisable only by the mayor on behalf of the combined authority. (2) Accordingly, if a person is appointed as a commissioner— (a) under a worker’s contract, the combined authority is the employer; (b) under a contract other than a worker’s contract, the contract is between the combined authority and the commissioner; (c) otherwise than under a contract, the commissioner holds office under the combined authority. (3) In this paragraph “worker’s contract” and “employer” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act). (11) (1) The Secretary of State may issue guidance about the selection or appointment of commissioners. (2) The mayors for the areas of combined authorities must take account of any such guidance. (3) The Secretary of State may issue guidance about the exercise of the function under paragraph 6(3) of consenting to arrangements for a function to be exercisable by a commissioner. (4) Combined authorities must take account of any such guidance. (5) The Secretary of State may issue guidance about the exercise by combined authorities of the powers conferred by paragraph 7 and guidance about compliance with the duty under that paragraph to produce and publish reports. (6) Combined authorities must take account of any such guidance. (7) The Secretary of State may issue guidance about the terms of reports produced by relevant remuneration panels for the purposes of paragraph 7. (8) Relevant remuneration panels must take account of any such guidance. (9) The Secretary of State may issue guidance about the making of recommendations under paragraph 9 to terminate the appointment of a person as commissioner. (10) The members of overview and scrutiny committees must take account of any such guidance.

Schedule 4 — Mayoral CCAs: overview and scrutiny committees

Part 1 — New scrutiny regime for CCAs that are established mayoral strategic authorities

Introduction

1

LURA 2023 is amended in accordance with this Part of this Schedule.

The new scrutiny regime

2

After Schedule 1 insert—