English Devolution and Community Empowerment Act 2026

Type Public General Act
Publication 2026-04-29
Last updated 2026-10-29
State In force
Department Statute Law Database
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(8B) Where the whole or any part of the area of a county council in England falls within the area of a combined authority or a combined county authority, references in this section to the council are— (a) where the combined authority or combined county authority has completed its first full financial year, references to the combined authority or combined county authority (instead of to the council), and (b) until that time, references to the combined authority or combined county authority as well as to the council. (8C) Subsection (8B) does not apply to any such references in subsection (4) or (9A).

  • (c) after subsection (9) insert—

(9A) A “relevant county council” for the purposes of subsection (4) is a county council in England the whole or any part of whose area falls within the area of a combined authority or a combined county authority.

18

In section 65 (co-operation between certain councils and London regional transport), after subsection (3) insert—

(3A) Where the whole or any part of the area of a county council in England falls within the area of a combined authority or a combined county authority, references in this section to the council are— (a) where the combined authority or combined county authority has completed its first full financial year, references to the combined authority or combined county authority (instead of to the council), and (b) until that time, references to the combined authority or combined county authority as well as to the council.

19

In section 88 (expenditure on public passenger transport services), in subsection (8)—

(ba) combined authorities, (bb) combined county authorities, and

20

In section 93 (travel concession schemes), after subsection (8) insert—

(8A) A county council or a council of a non-metropolitan district is not a local authority for the purposes of this section where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year.

21

In section 105 (travel concessions on services provided by local authorities)—

  • (a) in subsection (1), after “Scotland” insert “, or a combined authority or a combined county authority,”;
  • (b) in subsection (2), after “such council” insert “or authority”;
  • (c) in subsection (3), after “council” insert “or authority”;
  • (d) after subsection (3) insert—

(4) The power under subsection (1) does not apply to a county or district council where— (a) the council is a constituent council of a combined authority or a combined county authority (and here “constituent council” has the meaning given by section 104(11) of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority and section 10(11) of the Levelling-Up and Regeneration Act 2023 in relation to a combined county authority), and (b) the combined authority or combined county authority has completed its first full financial year.

Schedule 13 — Education

Part 1 — Adult education

1

The Apprenticeships, Skills, Children and Learning Act 2009 is amended in accordance with this Part of this Schedule.

2
  • (1) Section 86 (education and training for persons aged 19 or over and others subject to adult detention) is amended in accordance with this paragraph.
  • (2) After subsection (1) insert—

(1A) The Mayor of London, each combined authority and CCA, and each district council or county council that is a strategic authority, must secure the provision in relation to the relevant area of such facilities as it considers appropriate for— (a) education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained, and (b) training, other than apprenticeship training, suitable to the requirements of such persons. (1B) Subsection (1) does not apply to the provision of facilities to the extent that subsection (1A) applies to the provision of those facilities.

  • (3) In subsection (6), after the definition of “education” insert—
  • “relevant area” means— in relation to the Mayor of London, Greater London; in relation to a combined authority or CCA, its area; in relation to a district council or county council that is a strategic authority, the council’s area;
  • (4) In subsection (7), after “subsection (1)(a) or (b)” insert “or (1A)(a)”.
3
  • (1) Section 87 (learning aims for persons aged 19 or over: provision of facilities) is amended in accordance with this paragraph.
  • (2) After subsection (1) insert—

(1A) The Mayor of London, each combined authority and CCA, and each district council or county council that is a strategic authority, must secure the provision in relation to the relevant area of such facilities as it considers appropriate for relevant education or training for persons falling within subsection (3) which is suitable to their requirements. (1B) Subsection (1) does not apply to the provision of facilities to the extent that subsection (1A) applies to the provision of those facilities.

  • (3) In subsection (3)(b), for “Secretary of State” substitute “person, authority or council exercising the function under subsection (1) or (1A)”.
  • (4) In subsection (6), after the definition of “education” insert—
  • “relevant area” means— in relation to the Mayor of London, Greater London; in relation to a combined authority or CCA, its area; in relation to a district council or county council that is a strategic authority, the council’s area;
4
  • (1) Section 88 (learning aims for persons aged 19 or over: payment of tuition fees) is amended in accordance with this paragraph.
  • (2) In subsection (1), for “Secretary of State” substitute “relevant authority”.
  • (3) In subsection (2)(b), for “Secretary of State” substitute “person, authority or council exercising the function under this Part”.
  • (4) In subsections (2A) and (3), for “Secretary of State” substitute “relevant authority”.
  • (5) In subsection (4)(b), for “Secretary of State” substitute “relevant authority securing the provision of the facilities under section 86”.
  • (6) In subsection (6)(a), for “Secretary of State” substitute “relevant authority”.
  • (7) After subsection (7) insert—

(8) In this section “relevant authority” means— (a) the Secretary of State, (b) the Mayor of London, (c) a combined authority or CCA, or (d) a district council or county council that is a strategic authority.

5
  • (1) Section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention) is amended in accordance with this paragraph.
  • (2) After subsection (1) insert—

(1A) The Greater London Authority, each combined authority and CCA, and each district council or county council that is a strategic authority, must— (a) encourage participation by persons within section 86(1A)(a) in education and training within strategic authorities’ remit under this Part; (b) encourage employers to participate in the provision of education and training within strategic authorities’ remit under this Part for persons within section 86(1A)(a); (c) encourage employers to contribute to the costs of education and training within strategic authorities’ remit under this Part for such persons.

  • (3) In subsection (2), after “subsection (1)(b)” insert “or (1A)(b)”.
6
  • (1) Section 100 (provision of financial resources) is amended in accordance with this paragraph.
  • (2) In subsection (1)—
  • (a) in the words before paragraph (a), for “The Secretary of State” substitute “A relevant authority”;
  • (b) in paragraph (a), for “the Secretary of State's remit” substitute “the relevant authority’s remit”.
  • (3) In subsection (1AA) omit the words after “combined authority”.
  • (4) In subsection (1AB), for the words from “combined county authority” to the end substitute “CCA”.
  • (5) In subsection (1B), for “The Secretary of State” substitute “A relevant authority”.
  • (6) After subsection (1B) insert—

(1C) The Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, may not exercise— (a) a function conferred by subsection (1) in relation to persons subject to adult detention; (b) a function conferred by subsection (1) or (1B) in relation to any person who, at the time of starting a course of study for an approved technical education qualification or starting to take approved steps towards occupational competence, is— (i) aged under 19, or (ii) aged under under 25 and for whom an EHC plan is maintained.

  • (7) In subsection (3)—
  • (a) in the words before paragraph (a), for “The Secretary of State” substitute “A relevant authority”;
  • (b) in paragraph (c), for “the Secretary of State” substitute “the relevant authority”.
  • (8) In subsection (4), for “The Secretary of State” substitute “A relevant authority”.
  • (9) In subsection (5)—
  • (a) omit the definitions of “combined authority” and “combined county authority”;
  • (b) after the definition of “English statutory apprenticeship” insert—
  • “relevant authority” means— the Secretary of State, the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority;
  • “relevant authority’s remit under this Part” means— in relation to financial resources whose provision is secured by the Secretary of State, the Secretary of State’s remit under this Part; in relation to financial resources whose provision is secured by the Mayor of London, a combined authority or CCA, or a district council or county council that is a strategic authority, strategic authorities’ remit under this Part.
7
  • (1) Section 101 (financial resources: conditions) is amended in accordance with this paragraph.
  • (2) In subsection (1), for “the Secretary of State” substitute “a relevant authority”.
  • (3) In the following provisions, for “the Secretary of State” substitute “the relevant authority”—
  • (a) subsection (3)(a) (in both places);
  • (b) subsection (3)(b) (in both places);
  • (c) subsection (6)(a) (in both places);
  • (d) subsection (6)(b).
8

In section 103 (means tests), after subsection (1) insert—

(1A) For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, may— (a) carry out means tests; (b) arrange for other persons to carry out means tests.

9

After section 114 insert—

(114A) (1) Where the Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, adopts rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100, it must adopt such rules in accordance with any direction given by the Secretary of State. (2) In exercising a function under section 86, 87, 88, 90 or 100, the Mayor of London or Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, must have regard to guidance issued by the Secretary of State for the purpose of this subsection.

10

In section 115 (persons with special educational needs), for subsections (1) and (2) substitute—

(1) The Secretary of State must, in performing functions under this Part, have regard to the needs of persons with special educational needs who are of a kind specified in subsection (2B)(a) or (b). (2A) The Mayor of London or Greater London Authority, a combined authority or CCA, or a district council or county council that is a strategic authority, must, in performing functions under this Part, have regard to the needs of persons with special educational needs who are of a kind specified in subsection (2B)(a). (2B) The persons referred to above are— (a) persons who are aged 19 or over, other than persons aged under 25 for whom an EHC plan is maintained; (b) persons who are subject to adult detention.

11

After section 120A insert—

(120B) (1) The functions conferred on the Mayor of London by this Part are exercisable by the Mayor in relation to— (a) the academic year beginning with 1 August 2025, and (b) each subsequent academic year. (2) Subsection (3) applies to a combined authority or CCA if functions conferred on it by this Part are also pre-commencement functions. (3) The functions continue to be exercisable by the combined authority or CCA on and after the commencement day (but as functions conferred by this Part). (4) Subsection (5) applies to a combined authority or CCA— (a) if functions conferred on it by this Part are not pre-commencement functions; (b) whether the combined authority or CCA was established before, or is established on or after, the commencement day. (5) The functions conferred on the combined authority or CCA by this Part are exercisable by it in relation to— (a) the second academic year to begin after the academic year during which it was, or is, established, and (b) each subsequent academic year. (6) Subsection (7) applies to a district council or county council that is a strategic authority if functions conferred on it by this Part are also pre-designation functions. (7) The functions continue to be exercisable by the district council or county council on and after its designation (but as functions conferred by this Part). (8) Subsection (9) applies to a district council or county council that is a strategic authority if functions conferred on it by this Part are not pre-designation functions. (9) The functions conferred on the district council or county council by this Part are exercisable by it in relation to— (a) the second academic year to begin after the academic year during which its designation takes effect, and (b) each subsequent academic year. (10) In this section— - “academic year” means each period— beginning with 1 August, and ending with the next 31 July; - “commencement day” means the day on which the English Devolution and Community Empowerment Act 2026 is passed; - “designation”, in relation to a district council or county council that is a strategic authority, means its designation as a single foundation strategic authority; - “pre-commencement functions” means functions which were exercisable by a combined authority or CCA immediately before the commencement day by virtue of— an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or regulations under Chapter 2 of Part 1 of the Levelling-up and Regeneration Act 2023; - “pre-designation functions” means functions which are exercisable by a district council or county council immediately before its designation, by virtue of regulations under section 16 of the Cities and Local Government Devolution Act 2016.

12
  • (1) Section 121 (interpretation) is amended in accordance with this paragraph.
  • (2) In subsection (1), at the appropriate place insert—
  • “CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
  • “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;
  • “district council or county council that is a strategic authority” means a district council or county council that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026;
  • (3) After subsection (3) insert—

(3A) In this Part a reference to education within strategic authorities’ remit under this Part is a reference to— (a) education falling within section 86(1A)(a), and (b) organised leisure-time occupation in connection with such education. (3B) In this Part a reference to training within strategic authorities’ remit under this Part is a reference to— (a) training falling within section 86(1A)(b)), and (b) organised leisure-time occupation in connection with such training.

13
  • (1) Section 122 (sharing of information for education and training purposes) is amended in accordance with this paragraph.
  • (2) In subsection (3)—
  • (a) after paragraph (fd) insert—

(fe) the Mayor of London; (ff) a person providing services to the Mayor of London; (fg) the Greater London Authority; (fh) a person providing services to the Greater London Authority;

  • (3) In subsection (5), for paragraphs (d) and (e) substitute—

(d) any function of a combined authority under Part 4, (e) any function of a combined county authority under Part 4, (f) any function of the Mayor of London under Part 4, (g) any function of the Greater London Authority under Part 4, or

Part 2 — Education for 16-19 year olds etc

14

The Education Act 1996 is amended in accordance with this Part of this Schedule.

15
  • (1) Section 15ZA (duty in respect of education and training for persons over compulsory school age: England) is amended in accordance with this paragraph.
  • (2) In subsection (1), for “local authority in England” substitute “relevant authority”.
  • (3) In the following provisions, for “local authority” substitute “relevant authority”—
  • (a) subsection (2);
  • (b) subsection (3), in the words before paragraph (a);
  • (c) in subsection (4), in the words before paragraph (a);
  • (d) in subsection (5), in the words before paragraph (a);
  • (e) in subsection (9).
16

In section 15ZB (co-operation in performance of section 15ZA duty), for “Local authorities in England” substitute “Relevant authorities”.

17

In section 15ZC (encouragement of education and training for persons over compulsory school age: England), in subsection (1), in the words before paragraph (a), for “local authority in England” substitute “relevant authority”.

18

In section 579 (general interpretation), in subsection (1), after the definition of “regulations” insert—

  • “relevant authority” means— the Greater London Authority, a local authority in England, a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.

Schedule 14 — Planning applications of potential strategic importance

1
  • (1) The Town and Country Planning Act 1990 is amended as follows.
  • (2) In section 2A (the Mayor of London: applications of potential strategic importance)—
  • (a) in the heading, after “London” insert “, mayors of combined authorities and mayors of combined county authorities”;
  • (b) in subsection (1), in the closing words, for “Mayor of London” substitute “relevant mayor”;
  • (c) omit subsection (1A);
  • (d) in subsection (1B)—
  • (i) in the opening words, for “Mayor of London” substitute “relevant mayor”;
  • (ii) in paragraph (b), for “Mayor of London” substitute “relevant mayor”;
  • (e) in subsection (2) for “Mayor” substitute “relevant mayor”;
  • (f) in subsection (3)(a)—
  • (i) the words from “in Greater” to the end of that paragraph become sub-paragraph (i);
  • (ii) after that sub-paragraph insert—

(ii) in an area of a mayoral combined authority, or (iii) in an area of a mayoral combined county authority,

  • (g) in subsection (5), for “Mayor of London” substitute “relevant mayor”;
  • (h) after subsection (5) insert—

(5A) For the purposes of this section and sections 2B to 2F the “relevant mayor”— (a) in relation to an application relating to land in Greater London, is the Mayor of London; (b) in relation to an application relating to land in the area of a mayoral combined authority, is the mayor for that combined authority; (c) in relation to an application relating to land in the area of a mayoral combined county authority, is the mayor for that combined county authority.

  • (i) in subsection (6), for “the spatial development strategy” substitute “a spatial development strategy”.
  • (3) In section 2B (section 2A: supplementary provision)—
  • (a) in subsection (1), for “Mayor of London” substitute “relevant mayor”;
  • (b) in subsection (2), for “Mayor of London’s” substitute “relevant mayor’s”;
  • (c) in subsection (3), for “Mayor of London” substitute “relevant mayor”;
  • (d) in subsection (4), for “Mayor of London” substitute “relevant mayor”;
  • (e) in subsection (5), for “Mayor of London” substitute “relevant mayor”;
  • (f) in subsection (6), omit paragraph (b).
  • (4) In section 2C (matters reserved for subsequent approval)—
  • (a) in subsection (1), for “Mayor of London” substitute “relevant mayor”;
  • (b) in subsection (3), for “Mayor of London” substitute “relevant mayor”.
  • (5) In section 2D (further provision about orders under section 2A)—
  • (a) in subsection (2), for “Mayor of London” substitute “relevant mayor”;
  • (b) in subsection (3), for “Mayor of London” substitute “relevant mayor”.
  • (6) In section 2E (section 2A and planning obligations under section 106)—
  • (a) in subsection (1), for “Mayor of London” substitute “relevant mayor”;
  • (b) in subsection (2), for “Mayor of London” substitute “relevant mayor”;
  • (c) in subsection (4), for “Mayor of London” substitute “relevant mayor”;
  • (d) in subsection (5), in paragraph (a), for “Mayor of London” substitute “relevant mayor”.
  • (7) In section 2F (representation hearings)—
  • (a) for the heading substitute “Oral and written representations”;
  • (b) after subsection (1) insert—

(1A) Before determining an application to which this section applies which also falls within subsection (1B), the relevant mayor must give— (a) the applicant, and (b) the local planning authority to whom the application was made, an opportunity to make either oral representations at a hearing (“a representation hearing”) or written representations on the application. (1B) The following applications fall within this subsection— (a) an application of a description specified in regulations; (b) an application made under section 73 or 73B; (c) an application which is a connected application for the purposes of section 2B in relation to an application under paragraph (a) or (b).

  • (c) in subsection (2)—
  • (i) for the opening words, substitute “Before determining any other application to which this section applies, the relevant mayor must give”;
  • (ii) in the closing words, for “hearing (“a representation hearing”)” substitute “a representation hearing”;
  • (d) after subsection (2) insert—

(2A) The relevant mayor must prepare and publish a document setting out— (a) the persons, in addition to the applicant and the local planning authority, who may make written representations; (b) the procedure for making written representations; (c) the form in which, and the period within which, written representations must be made.

  • (e) in subsection (3), for “Mayor of London” substitute “relevant mayor”;
  • (f) after subsection (4) insert—

(4A) A document under subsection (2A) and (3) may be combined in one document.

  • (g) in subsection (5), in paragraph (b), for “Mayor of London” substitute “relevant mayor”.

Schedule 15 — Development orders

1
  • (1) The Town and Country Planning Act 1990 is amended as follows.
  • (2) In section 61DA (mayoral development orders)—
  • (a) in subsection (1), for “The Mayor of London” substitute “A relevant mayor”;
  • (b) after subsection (1) insert—

(1A) For the purposes of this section and sections 61DB to 61DE a “relevant mayor” is— (a) the Mayor of London, (b) the mayor of a mayoral combined authority, or (c) the mayor of a mayoral combined county authority.

  • (c) In subsection (2), for paragraphs (a) and (b) substitute—

(a) if the relevant mayor is the Mayor of London— (i) the area of a local planning authority in Greater London, or (ii) the areas of two or more local planning authorities in Greater London; (b) if the relevant mayor is the mayor of a mayoral combined authority, the area of that authority; (c) if the relevant mayor is the mayor of a mayoral combined county authority, the area of that authority.

  • (3) In section 61DB (permission granted by mayoral development order)—
  • (a) in subsection (3) for “Mayor of London” substitute “the mayor who made the order”;
  • (b) omit subsections (6) and (7);
  • (c) in subsection (8)—
  • (i) in paragraph (a), for “the Mayor of London” substitute “a relevant mayor”;
  • (ii) in the closing words, for “Mayor” substitute “relevant mayor”;
  • (d) in subsection (9)—
  • (i) the words from “a site” to the end become paragraph (a);
  • (ii) after that paragraph insert—

, and (b) the authority has the function of determining applications for planning permission in relation to that area.

  • (4) In section 61DC (preparation and making of mayoral development order)—
  • (a) omit subsection (3);
  • (b) omit subsection (4);
  • (c) omit subsection (5);
  • (d) in subsection (6)—
  • (i) for “the Mayor of London” substitute “a relevant mayor”;
  • (ii) for “Mayor”, in the second place it occurs, substitute “mayor”.
  • (5) In section 61DD (revision or revocation of mayoral development order)—
  • (a) in subsection (1)—
  • (i) for “The Mayor of London” substitute “A relevant mayor”;
  • (ii) omit “with the approval of each relevant local planning authority”;
  • (b) in subsection (2)—
  • (i) for “The Mayor of London” substitute “A relevant mayor”;
  • (ii) for “Mayor”, in the second place it occurs, substitute “relevant mayor”;
  • (iii) leave out from “(and” to “circumstances)”.
  • (6) In section 61DE (effect of revision or revocation on incomplete development)—
  • (a) in subsection (4)—
  • (i) for “the Mayor of London” substitute “a relevant mayor”;
  • (ii) for “Mayor”, in the second place it occurs, substitute “mayor”;
  • (b) in subsection (5), for “the Mayor of London” substitute “the relevant mayor”.
  • (7) In section 74 (directions etc as to method of dealing with applications)—
  • (a) in subsection (1B)—
  • (i) after paragraph (a) insert—

(aa) for enabling the mayor of a relevant authority in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for an area which falls within the area of the authority— (i) to consult with the mayor before granting or refusing an application for planning permission, or permission in principle, that is an application of a prescribed description, or (ii) to refuse an application for planning permission, or permission in principle, of a prescribed description in any particular case;

  • (ii) in paragraph (b), for “such direction” substitute “direction under paragraph (a) or (aa)”;
  • (iii) in paragraph (c), after “(a)(ii)” insert “or (aa)(ii)”;
  • (b) in subsection (1BA), in paragraph (b), for “or the Mayor of London” substitute “, the Mayor of London or the mayor of a relevant authority”;
  • (c) in subsection (1BB), for “the spatial development strategy” substitute “a spatial development strategy”;
  • (d) after subsection (1C) insert—

(1D) In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the mayor of a relevant authority shall have regard to— (a) the development plan, (b) any national development management policies, and (c) the spatial development strategy relating to the area of the relevant authority as prepared and adopted under Part 1A of the Planning and Compulsory Purchase Act 2004, so far as material to the application.

  • (e) after subsection (2) insert—

(3) In this section, “relevant authority” means a mayoral combined authority or a mayoral combined county authority.

  • (8) In section 336 (interpretation)—
  • (a) in the appropriate place, insert each of the following definitions—
  • ““combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
  • ““combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
  • ““mayoral combined authority” means a combined authority for an area for which provision is made in an order under section 107A of the Local Democracy, Economic Development and Construction Act 2009 for there to be a mayor;
  • ““mayoral combined county authority” means a combined county authority for an area for which provision is made in regulations under section 27(1) of the Levelling-up and Regeneration Act 2023 for there to be a mayor;
  • (b) for the definition of “spatial development strategy” substitute

— 1. in relation to the Mayor of London, has the meaning given by section 334 of the Greater London Authority Act 1999; 2. in relation to a combined authority or combined county authority, has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004;

Schedule 16 — Amendments relating to changes to mayoral planning powers

Planning (Hazardous Substances) Act 1990

1

In section 1 of the Planning (Hazardous Substances) Act 1990—

  • (a) the existing words become subsection (1);
  • (b) in that subsection, for the words from “But” to the end, substitute “But in the case of a London Borough, or where the land is situated in the area of a mayoral combined authority or a mayoral combined county authority, see also section 2B(5) of the principal Act (relevant mayor to be the hazardous substances authority in certain circumstances);
  • (c) after subsection (1) insert—

(2) In this section, “mayoral combined authority” and “mayoral combined county authority” have the same meaning as in the Town and Country Planning Act 1990 (see section 336 of that Act).

Town and Country Planning Act 1990

2

The Town and Country Planning Act 1990 is amended as follows.

3

In section 58B (duty of regard to certain heritage assets in granting permission), as inserted by section 102(1) of the Levelling-Up and Regeneration Act 2023, in subsection (4), after “London” insert “or the mayor of a mayoral combined authority or mayoral combined county authority”.

4

In section 70 (determination of applications: general considerations), in subsection (4), in the definition of “relevant authority”, after paragraph (b) insert—

(ba) the mayor of a mayoral combined authority; (bb) the mayor of a mayoral combined county authority;

5

In section 106 (planning obligations)—

  • (a) in subsection (1)(d), after “Authority” insert “or, as the case may be, the mayoral combined authority or mayoral combined county authority”;
  • (b) in subsection (9)(d), after “London” insert “or, as the case may be, the mayor of a specified mayoral combined authority or specified mayoral combined county authority”;
  • (c) in subsection (10), after “London” insert “or, as the case may be, the mayor of a specified mayoral combined authority or specified mayoral combined county authority”;
  • (d) in subsection (12)(b), for “or the Mayor of London” substitute “, the Mayor of London or the mayor of a combined authority or combined county authority”.
6

In section 106A (modification and discharge of planning obligations)—

  • (a) in subsection (11)(a), after “London” insert “or the mayor of a combined authority or combined county authority”;
  • (b) in subsection (12), after “London” insert “or the mayor of a combined authority or combined county authority”.
7

In section 106B (appeals in relation to applications under section 106A), in subsection (8)—

  • (a) after “London”, in the first place it occurs, insert “or the mayor of a combined authority or combined county authority”;
  • (b) after “London, in the second place it occurs, insert “or, as the case may be, the mayor of the combined authority or combined county authority”.
8

In section 108 (compensation for refusal or conditional grant of planning permission etc), in subsection (1A), as inserted by paragraph 15(4) of Schedule 4 to the Infrastructure Act 2015—

  • (a) in paragraph (a), after “London” insert “or the mayor of the combined authority or combined county authority who made the order”;
  • (b) in paragraph (b)—
  • (i) after “London”, in the first place it occurs, insert “or a mayor of a combined authority or combined county authority”;
  • (ii) after “London”, in the second place it occurs, insert “or, as the case may be, the mayor of the combined authority or combined county authority”.
9

In section 303 (fees for planning applications etc)—

  • (a) in subsection (1ZA)(a), after “London” insert “or the mayor of a combined authority or combined county authority”;
  • (b) in subsection (10A), as inserted by paragraph 19(3) of Schedule 4 to the Infrastructure Act 2015—
  • (i) after “London”, in the first place it occurs, insert “, the mayor of a combined authority or combined county authority,”;
  • (ii) after “Mayor of London”, in the second place it occurs, insert “, the mayor,”.
10

In section 305 (contributions by Ministers towards compensation paid by local authorities), in subsection (1)(a) as amended by paragraph 20 of Schedule 4 to the Infrastructure Act 2015, after “London” insert “, the mayor of a combined authority or combined county authority”.

11

In section 322B (local inquiries in London: special provision as to costs in certain cases)—

  • (a) in the heading, omit “in London”;
  • (b) in subsection (1)(a), for “London borough” substitute “relevant area”;
  • (c) in subsection (1)(b), for “Mayor of London” substitute “relevant mayor”;
  • (d) in subsection (5), in the substituted subsection—
  • (i) in paragraph (a), for “Mayor of London” substitute “relevant mayor”;
  • (ii) in paragraph (a), for “Mayor”, the second time it occurs, substitute “relevant mayor”;
  • (iii) in paragraph (b), for “Mayor” substitute “relevant mayor”;
  • (iv) in the closing words, for each reference to “Mayor” substitute “relevant mayor”;
  • (e) in subsection (6), in paragraph (a) of the substituted subsection—
  • (i) for “Mayor of London” substitute “relevant mayor”;
  • (ii) for “Mayor”, the second time it occurs, substitute “relevant mayor”;
  • (f) After subsection (6) insert—

(6A) In this section— - “relevant area” means a London borough or the area (or part of the area) of a mayoral combined authority or mayoral combined county authority; - “relevant mayor” means—where planning permission or permission in principle is refused by the local planning authority for a London borough, the Mayor of London,where planning permission or permission in principle is refused by the local planning authority for the area, or part of the area, of a mayoral combined authority, the mayor of that authority, orwhere planning permission or permission in principle is refused by the local planning authority for the area, or part of the area, of a mayoral combined county authority, the mayor of that authority.

12

In section 324 (rights of entry)—

  • (a) in subsection (1B), as inserted by paragraph 21 of Schedule 4 to the Infrastructure Act 2015—
  • (i) in the opening words, for “Mayor of London” substitute “relevant mayor”;
  • (ii) in paragraph (a), for “Mayor of London” substitute “relevant mayor”;
  • (iii) in paragraph (a), for “for the Mayor” substitute “the mayor”;
  • (iv) in paragraph (b) for “Mayor of London” substitute “the relevant mayor”;
  • (b) after subsection (1B), as inserted by paragraph 21 of Schedule 4 to the Infrastructure Act 2015, insert—

(1BZA) For the purposes of subsection (1B), the “relevant mayor”— (a) where the proposal is for a Mayoral development order to be made by the Mayor of London, the Mayor of London, (b) where the proposal is for a Mayoral development order to be made by the mayor of a mayoral combined authority, that mayor, or (c) where the proposal is for a Mayoral development order to be made by the mayor of a mayoral combined county authority, that mayor.

13
  • (1) Schedule 7A (biodiversity gain in England) is amended as follows.
  • (2) In paragraph 12D—
  • (a) in sub-paragraph (1), after “London” insert “or the mayor of a mayoral combined authority or mayoral combined county authority”;
  • (b) in sub-paragraph (2)(a), after “London” insert “or the mayor of the mayoral combined authority or mayoral combined county authority”;
  • (c) in sub-paragraph (2)(b), after “London” insert “or, as the case may be, the mayor of the mayoral combined authority or mayoral combined county authority”.
  • (3) In paragraph 12E—
  • (a) in sub-paragraph (1)(a), after “London” insert “or the mayor of a mayoral combined authority or mayoral combined county authority”;
  • (b) in sub-paragraph (2)(a), after “London” insert “or, as the case may be, the mayor of the mayoral combined authority or mayoral combined county authority”.
  • (4) in paragraph 12F—
  • (a) in sub-paragraph (1)(a), after “London” insert “or the mayor of a mayoral combined authority or mayoral combined county authority”;
  • (b) in sub-paragraph (2)(a), after “London” insert “or, as the case may be, the mayor of the mayoral combined authority or mayoral combined county authority”.

Self-build and Custom Housebuilding Act 2015

14

In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty to grant planning permission etc)—

  • (a) in subsection (6)(b)(ii), for “or the Mayor of London” substitute “, the Mayor of London or the mayor of a mayoral combined authority or mayoral combined county authority”;
  • (b) after subsection (9) insert—

(10) In this section— - “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; - “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; - “mayoral combined authority” means a combined authority for an area for which provision is made in an order under section 107A of the Local Democracy, Economic Development and Construction Act 2009 for there to be a mayor; - “mayoral combined county authority” means a combined county authority for an area for which provision is made in regulations under section 27(1) of the Levelling-up and Regeneration Act 2023 for there to be a mayor.

Housing and Planning Act 2016

15

In section 162 of the Housing and Planning Act 2016 (regulations under section 161: general)—

  • (a) in subsection (5), after “London” insert “, a mayor of a mayoral combined authorities or a mayoral combined county authority”;
  • (b) after subsection (5) insert—

(6) In this section, “mayoral combined authority” and “mayoral combined county authority” have the same meaning as in the Town and Country Planning Act 1990 (see section 336 of that Act).

Levelling-Up and Regeneration Act 2023

16

In section 91 (interpretation of chapter), in the definition of “relevant planning authority”, after paragraph (e) insert—

(ea) the mayor (if any) of a combined authority, (eb) the mayor (if any) of a combined county authority,

Schedule 17 — Community infrastructure levy

1
  • (1) The Planning Act 2008 is amended as follows.
  • (2) In section 206 (the charge), before its amendment by section 139 of LURA 2023—
  • (a) in subsection (3), before paragraph (a) insert—

(aa) the mayor (if any) for the area of a combined authority is the charging authority for that area (in addition to the local planning authorities), (ab) the mayor (if any) for the area of a combined county authority is the charging authority for that area (in addition to the local planning authorities),

;

  • (b) after subsection (3) insert—

(3A) A mayor may only be a charging authority under subsection (3)(aa) or (ab) if— (a) the mayor satisfies such conditions or requirements (if any) as may be specified in CIL regulations, or (b) the authority in relation to whose area that person is the mayor satisfies any such conditions or requirements.

  • (c) in subsection (4), after “case” insert “of the area of a combined authority, the area of a combined county authority or”;
  • (d) after subsection (6) insert—

(7) A mayor who is the charging authority under subsection (3)(aa) or (ab) may not make arrangements for any other person to exercise the mayor’s functions as a charging authority. (8) In this section— - “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; - “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

  • (3) In section 213 (charging schedule: approval)—
  • (a) in subsection (2), after “London” insert “or a relevant mayor”;
  • (b) in subsection (3), after “London” insert “or a relevant mayor”;
  • (c) after subsection (3) insert—

(3ZA) If the charging authority is a relevant mayor, the mayor may approve the charging schedule only if the relevant authority has by a resolution approved the charging schedule. (3ZB) The following requirements must be met in relation to the resolution mentioned in subsection (3ZA)— (a) the resolution must be considered at a meeting of the relevant authority that is convened only for that purpose, (b) particulars of the resolution must be included in the notice of the meeting, (c) the resolution must be passed at the meeting by a simple majority of the members of the relevant authority who vote on it, (d) in the event of a tied vote on whether to approve the charging schedule, the relevant mayor has a casting vote (in addition to any other vote the mayor may have).

  • (d) in subsection (5), after the definition of “examiner” insert—
  • “relevant authority”, in relation to a relevant mayor, means the combined authority or combined county authority in relation to whose area that person is the mayor;
  • “relevant mayor” means— the mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, or the mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
  • (4) In section 214 (charging schedule: effect)—
  • (a) in subsection (5), after “London” insert “or a relevant mayor”;
  • (b) in subsection (6), after “London” insert “or a relevant mayor”;
  • (c) after subsection (6) insert—

(6A) If the charging authority is a relevant mayor, the mayor may make a determination under subsection (3) only if the relevant authority has by a resolution approved the proposed determination. (6B) The following requirements must be met in relation to the resolution mentioned in subsection (6A)— (a) the resolution must be considered at a meeting of the relevant authority that is convened only for that purpose, (b) particulars of the resolution must be included in the notice of the meeting, (c) the resolution must be passed at the meeting by a simple majority of the members of the relevant authority who vote on it, (d) in the event of a tied vote on whether to approve the proposed determination, the relevant mayor has a casting vote (in addition to any other vote the mayor may have). (6C) In this section, “relevant authority” and “relevant mayor” have the meaning given by section 213(5).

Schedule 18 — Acquisition and development of land

Part 1 — Functions of the Homes and Communities Agency (known as Homes England)

Introduction

1

The Housing and Regeneration Act 2008 is amended in accordance with this Part of this Schedule.

Exercise of functions by strategic authorities outside London

2

In Chapter 2 of Part 1, before the italic cross-heading before section 5, insert—

(4A) (1) A strategic authority outside London or mayor for the area of a strategic authority outside London may only exercise the functions conferred by this Chapter for the purposes of, or for purposes incidental to the objectives of— (a) improving the supply and quality of housing in the area of the strategic authority; (b) securing the regeneration or development of land or infrastructure in that area; (c) supporting in other ways the creation, regeneration or development of communities in that area or their continued well-being; (d) contributing to the achievement of sustainable development and good design in that area, with a view to meeting the needs of people living in that area. (2) In this section— (a) “good design” and “needs” have the same meanings as in section 2 (see section 2(2)); (b) the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

Various powers

3

In the following provisions, after “HCA” insert “or a strategic authority outside London”—

  • (a) section 5(1) and (2) (powers to provide housing or other land);
  • (b) section 6(1), (2) and (3) (powers for regeneration, development or effective use of land);
  • (c) section 7(1) and (2) (powers in relation to infrastructure);
  • (d) section 8 (powers to deal with land etc).

Acquisition of land

4

In section 9—

  • (a) in subsection (1), after “HCA” insert “or a strategic authority outside London”;
  • (b) in subsection (2), after “HCA” insert “or a strategic authority outside London”;
  • (c) after subsection (5) insert—

(5A) Section 9A makes provision about the exercise of the function conferred by subsection (2) on strategic authorities outside London.

  • (d) in subsection (6), after “HCA” insert “or a strategic authority”.
5

After section 9 insert—

(9A) (1) This section applies to the compulsory acquisition function of strategic authorities. (2) In the case of a mayoral combined authority or mayoral CCA, the compulsory acquisition function is a function of the combined authority or CCA that is exercisable only by the mayor on behalf of the combined authority or CCA. (3) In the case of a mayoral combined authority, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any National Park authority; (c) the Broads Authority. (4) In the case of a mayoral CCA, before exercising the compulsory acquisition function the mayor must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any district council within the area of the CCA that is not a constituent council; (c) any National Park authority; (d) the Broads Authority. (5) In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any National Park authority; (c) the Broads Authority; and consent of a constituent council must be given at a meeting of the combined authority. (6) In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any district council within the area of the CCA that is not a constituent council; (c) any National Park authority; (d) the Broads Authority; and consent of a constituent council must be given at a meeting of the CCA. (7) In the case of a county council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) any district council within the area of the county council; (b) any National Park authority; (c) the Broads Authority. (8) In the case of a district council that is a strategic authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) any National Park authority; (b) the Broads Authority. (9) In this section “compulsory acquisition function” means the function conferred by section 9(2).

Restrictions on disposal of land

6

In section 10, in subsections (1), (3) and (4), after “HCA” insert “or a strategic authority outside London”.

Main powers in relation to acquired land

7

In section 11, omit “by the HCA”.

Financial assistance

8
  • (1) Section 19 is amended in accordance with this paragraph.
  • (2) In subsections (1), (1A) and (4), after “HCA” insert “or a strategic authority outside London”.
  • (3) After subsection (5) insert—

(5A) A strategic authority outside London may only exercise the functions conferred by this section for the purposes of, or for purposes incidental to the objectives of— (a) improving the supply and quality of housing in the area of the strategic authority; (b) securing the regeneration or development of land or infrastructure in that area; (c) supporting in other ways the creation, regeneration or development of communities in that area or their continued well-being; (d) contributing to the achievement of sustainable development and good design in that area, with a view to meeting the needs of people living in that area. (5B) In subsection (5A)— (a) “good design” and “needs” have the same meanings as in section 2 (see section 2(2)); (b) the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

Interpretation

9

In section 57, in subsection (1)—

  • (a) at the appropriate place insert—
  • “CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
  • “combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;
  • “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 CCA—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 the council for a district for which there is no county council;
  • (b) at the appropriate place insert—
  • “mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act);
  • “mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);
  • (c) at the appropriate place insert—
  • “non-mayoral CCA” has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act);
  • “non-mayoral combined authority” has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);
  • (d) at the appropriate place insert—
  • “strategic authority” means—a district council or county council that is designated as a single foundation strategic authority under section 3 of the English Devolution and Community Empowerment Act 2026,a combined authority,a CCA, orthe Greater London Authority;
  • “strategic authority outside London” means a strategic authority other than the Greater London Authority.

Acquisition of land

10
  • (1) Schedule 2 is amended in accordance with this paragraph.
  • (2) In paragraphs 1(2) and 2(2) (application of Acquisition of Land Act 1981), after “HCA” insert “and a strategic authority outside London (whether the power of compulsory acquisition is being exercised by the strategic authority or a mayor for its area)”.
  • (3) In paragraph 3 (extinguishment of private rights of way etc)—
  • (a) in sub-paragraph (1), after “HCA” insert “, a strategic authority outside London, or the mayor for the area of a strategic authority outside London”;
  • (b) in sub-paragraph (2)(c), after “HCA” insert “or in the strategic authority outside London (whether the power of compulsory acquisition is being exercised by the strategic authority or a mayor for its area)”.
  • (4) In paragraphs 4 and 5(a), after “HCA” insert “, strategic authority outside London, or mayor”.
  • (5) In paragraph 7, in sub-paragraph (1), after “HCA” insert “(where it completes the compulsory acquisition) or the strategic authority outside London (where it, or the mayor for its area, completes the compulsory acquisition).”
  • (6) In paragraph 17 (acquisition by agreement), in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”.

Main powers in relation to land acquired

11
  • (1) Schedule 3 is amended in accordance with this paragraph.
  • (2) In the heading, omit “by the HCA”.
  • (3) In paragraph 3 (powers of Secretary of State to extinguish public rights of way by order), after “HCA” insert “or a strategic authority outside London”.
  • (4) In paragraph 7 (duty to give opportunity to appear), in sub-paragraph (3)(a), after “HCA” insert “or strategic authority outside London”.
  • (5) In paragraphs 12(2), 13(1), 14(1) and 15(a) (orders relating to electronic communications apparatus: removal or abandonment of apparatus), after “HCA” insert “or strategic authority outside London”.
  • (6) In paragraph 19 (burial grounds)—
  • (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
  • (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
  • (7) In paragraph 20 (consecrated land other than burial grounds)—
  • (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
  • (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
  • (8) In paragraph 21 (other land connected to religious worship), in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”.

Powers in relation to, and for, statutory undertakers

12
  • (1) Schedule 4 is amended in accordance with this paragraph.
  • (2) In paragraph 1 (notice for extinguishment of rights of undertakers or for removal of their apparatus)—
  • (a) in sub-paragraph (1)(a) and (b), after “HCA” insert “or a strategic authority outside London”;
  • (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
  • (3) In paragraph 2 (counter-notices)—
  • (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
  • (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
  • (4) In paragraph 3 (effect of unopposed notice), in sub-paragraph (3), after “HCA” insert “or strategic authority outside London”.
  • (5) In paragraph 4 (opposed notices and Ministerial orders), in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
  • (6) In paragraph 5 (opposed notices and Ministerial orders), in sub-paragraph (2)(b)(ii), after “HCA” insert “or strategic authority outside London”.
  • (7) In paragraph 6 (opposed notices and Ministerial orders), in sub-paragraph (3), after “HCA” insert “or strategic authority outside London”.
  • (8) In paragraph 7 (compensation), in sub-paragraph (1)—
  • (a) in the words before paragraph (a), after “HCA” insert “or strategic authority outside London”;
  • (b) in the words after paragraph (b), after “by virtue of” insert “a notice served by that agency or authority under”.
  • (9) In paragraph 9 (notices by undertakers to carry out works)—
  • (a) in sub-paragraph (1)(a), after “HCA” insert “or a strategic authority outside London”;
  • (b) in sub-paragraph (2), after “HCA” insert “or strategic authority outside London”.
  • (10) In paragraph 10 (counter-notices)—
  • (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
  • (b) in sub-paragraphs (2) and (3), after “HCA” insert “or strategic authority outside London”;
  • (c) in sub-paragraph (4), for “HCA’s objection” substitute “objection by the HCA or strategic authority outside London”.
  • (11) In paragraph 13 (power to arrange for works to be done by the HCA)—
  • (a) in the heading, omit “by the HCA”;
  • (b) in sub-paragraph (2), for “arrange with the HCA for the works to be carried out by the HCA” substitute “arrange with the HCA or strategic authority outside London for the works to be carried out that agency or authority”.
  • (12) In paragraph 14 (compensation), in sub-paragraph (1)—
  • (a) after “HCA” insert “or strategic authority outside London”;
  • (b) after “by virtue of” insert “a notice served on that agency or authority under”.
  • (13) In paragraph 16 (ministerial order following representations by statutory undertakers)—
  • (a) in sub-paragraph (4)(a), after “HCA” insert “or a strategic authority outside London”;
  • (b) in sub-paragraph (5), after “HCA” insert “or a strategic authority outside London”.
  • (14) In paragraph 17 (ministerial order following representations by the HCA)—
  • (a) in the heading, after “HCA” insert “or a strategic authority outside London”;
  • (b) in sub-paragraph (2), after “HCA” insert “or a strategic authority outside London”.
  • (15) In paragraph 18 (examples of contents of orders), in sub-paragraph (2)(a), after “HCA” insert “or a strategic authority outside London”.
  • (16) In paragraph 20 (notification of proposal to make order)—
  • (a) in sub-paragraph (1), after “HCA” insert “or a strategic authority outside London”;
  • (b) in sub-paragraph (3), after “HCA” insert “or strategic authority outside London”.
  • (17) In paragraph 23 (duty to give opportunity to appear), in sub-paragraph (2)(a), after “HCA” insert “or strategic authority outside London”.
  • (18) In paragraph 28 (orders to relieve obligations), in sub-paragraph (4)(a), after “HCA” insert “or a strategic authority outside London”.

Part 2 — Functions of local authorities

Introduction

13

The Town and Country Planning Act 1990 is amended in accordance with this Part of this Schedule.

Compulsory acquisition of land for development and other planning purposes

14
  • (1) Section 226 is amended in accordance with this paragraph.
  • (2) In subsections (1) and (1A), after “local authority” insert “or strategic authority”.
  • (3) After subsection (1B) insert—

(1C) Section 226A makes provision about the exercise of the function conferred by subsection (1) on combined authorities and CCAs.

  • (4) In subsections (3) and (4) (in both places), after “local authority” insert “or strategic authority”.
  • (5) In subsection (5)—
  • (a) after the first “local authority” insert “or strategic authority”;
  • (b) after “Act” insert “or strategic authority to whom this section applies”.
  • (6) In subsection (6)—
  • (a) in paragraph (bb), omit “and”;
  • (b) after paragraph (c) insert—

(d) if the land is in the area of a strategic authority to whom this section applies, consult with that strategic authority (in addition to any other consultation required by this subsection).

  • (7) After subsection (8) insert—

(8A) In this section “strategic authority to whom this section applies” means a combined authority or CCA.

15

After section 226 insert—

(226A) (1) In the case of a mayoral combined authority, before exercising the compulsory acquisition function the combined authority must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any National Park authority; (c) the Broads Authority. (2) In the case of a mayoral CCA, before exercising the compulsory acquisition function the CCA must consult any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any district council within the area of the CCA that is not a constituent council; (c) any National Park authority; (d) the Broads Authority. (3) In the case of a non-mayoral combined authority, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any National Park authority; (c) the Broads Authority; and consent of a constituent council must be given at a meeting of the combined authority. (4) In the case of a non-mayoral CCA, the exercise of the compulsory acquisition function requires the consent of any of the following bodies whose area contains any part of the land subject to the proposed compulsory acquisition— (a) the constituent councils; (b) any district council within the area of the CCA that is not a constituent council; (c) any National Park authority; (d) the Broads Authority; and consent of a constituent council must be given at a meeting of the CCA. (5) In this section “compulsory acquisition function” means the function conferred by section 226(1).

Acquisition of land by agreement

16

In section 227—

  • (a) after “London borough” insert “or any combined authority or CCA”;
  • (b) after “local authority” insert “or combined authority or CCA”.

Appropriation of land forming part of common, etc

17
  • (1) Section 229 is amended in accordance with this paragraph.
  • (2) In subsection (1), after “local authority” insert “or non-mayoral combined authority or non-mayoral CCA”.
  • (3) In subsection (5), in the words before paragraph (a), after “local authority” insert “or non-mayoral combined authority or non-mayoral CCA”.

Acquisition of land for purposes of exchange

18

In section 230, after subsection (1) insert—

(1A) Without prejudice to the generality of the powers conferred by sections 226 and 227, any power of a combined authority or CCA to acquire land under those sections, whether compulsorily or by agreement, shall include power to acquire land required for giving in exchange for land appropriated under section 229.

Power of Secretary of State to require acquisition or development of land

19
  • (1) Section 231 is amended in accordance with this paragraph.
  • (2) In subsection (1)—
  • (a) after “borough” insert “, or a combined authority or CCA,”;
  • (b) after the second “council” insert “or combined authority or CCA”.
  • (3) In subsection (2), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.

Appropriation of land held for planning purposes

20

In section 232, in subsections (1), (2) and (4), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.

Disposal by local authorities of land held for planning purposes

21
  • (1) Section 233 is amended in accordance with this paragraph.
  • (2) In the heading, after “local” insert “or strategic”.
  • (3) In subsections (1) and (2), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
  • (4) In subsection (3A)—
  • (a) in paragraph (b), omit “and”;
  • (b) after paragraph (b) insert—

(ba) in relation to combined authorities or CCAs generally, or combined authorities or CCAs of a particular class, or to any particular combined authority or authorities or CCA or CCAs, and

  • (5) In subsections (4) and (5), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
  • (6) In subsection (9), after “England” insert “or by a non-mayoral combined authority or non-mayoral CCA”.

Development of land held for planning purposes

22
  • (1) Section 235 is amended in accordance with this paragraph.
  • (2) In subsection (1)—
  • (a) in the words before paragraph (a), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”;
  • (b) in paragraph (a), for “that local authority” substitute “that authority”.
  • (3) In subsections (2)(a) and (3), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.
  • (4) In subsection (4)—
  • (a) after “A local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”;
  • (b) for “the local authority” substitute “the authority”.
  • (5) In subsection (5)(a), after “local authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.

Use and development of consecrated land and burial grounds

23

In section 240 (provisions supplemental to sections 238 and 239 (which provide for the use and development of consecrated land and burial grounds)), after subsection (3) insert—

(4) In sections 238 and 239 “relevant acquisition or appropriation” also includes an acquisition made by a combined authority or CCA under this Part or compulsorily under any other enactment, or an appropriation by a combined authority or CCA for planning purposes.

Use and development of open spaces

24

In section 241, in subsection (1)—

  • (a) after the first “local authority” insert “, a combined authority or CCA”;
  • (b) after the second “local authority” insert “or a combined authority or CCA”.

Overriding of rights of possession

25

In section 242, in paragraph (a), after “authority” insert “or a non-mayoral combined authority or non-mayoral CCA”.

Constitution of joint body to hold land for planning purposes

26

In section 243, in subsection (1)—

  • (a) for “local authorities concerned” substitute “authorities concerned”;
  • (b) for “local authority for planning purposes” substitute “local authority, or non-mayoral combined authority or non-mayoral CCA, for planning purposes;
  • (c) for “any other local authority” substitute “any other local authority, non-mayoral combined authority or non-mayoral CCA”.

Interpretation of Part 9

27

In section 246, in subsection (2), after “local authority” insert “, a combined authority or CCA”.

Extinguishment of rights of statutory undertakers: preliminary notices

28
  • (1) Section 271 is amended in accordance with this paragraph.
  • (2) In the following provisions, for “local authority” substitute “relevant authority”—
  • (a) subsection (1) (in both places);
  • (b) subsection (5) (in the words before paragraph (a)).
  • (3) After subsection (8) insert—

(9) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA.

Extinguishment of rights of electronic communications code network operators: preliminary notices

29
  • (1) Section 272 is amended in accordance with this paragraph.
  • (2) In the following provisions, for “local authority” substitute “relevant authority”—
  • (a) subsection (1) (in both places);
  • (b) subsection (5) (in the words before paragraph (a)).
  • (3) After subsection (8) insert—

(9) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA.

Orders under sections 271 and 272

30

In section 274, in subsection (3), for “local authority” substitute “relevant authority”.

Extension or modification of functions of statutory undertakers

31
  • (1) Section 275 is amended in accordance with this paragraph.
  • (2) In the following provisions, for “local authority” substitute “relevant authority”—
  • (a) subsection (1)(a);
  • (b) subsection (3) (in all three places);
  • (c) subsection (5)(c).
  • (3) After subsection (5) insert—

(6) In this section “relevant authority” means— (a) a local authority, or (b) a non-mayoral combined authority or non-mayoral CCA.

Procedure in relation to orders under section 275

32

In section 276, in subsection (1), in the words before paragraph (a), for “local authority” substitute “relevant authority”.

Objections to orders under sections 275 and 277

33

In section 278, in subsection (7), for “local authority” substitute “relevant authority”.

Contributions by local authorities and statutory undertakers

34
  • (1) Section 306 is amended in accordance with this paragraph.
  • (2) In the following provisions, for “local authority” substitute “relevant authority”—
  • (a) the heading;
  • (b) subsection (1) (in the words before paragraph (a) and in paragraph (c));
  • (c) subsection (2) (in the words before paragraph (a));
  • (d) subsection (3) (in both places);
  • (e) subsection (4).
  • (3) After subsection (6) insert—

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