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Levelling-up and Regeneration Act 2023

Changes over time for: Section 30

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30Functions of mayors: generalE+W
This section has no associated Explanatory Notes

(1)The Secretary of State may by regulations make provision for any function of a mayoral CCA to be a function exercisable only by the mayor.

[F1(1A)Any mayoral function is to be taken to be a function of the CCA that is exercisable only by the mayor acting on behalf of the CCA.

(1B)The members and officers of a mayoral CCA may assist the mayor in the exercise of any mayoral function (and here “members” means the members of the constituent councils who are appointed to be members of the CCA).

(1C)For the purposes of this section a “mayoral function” is—

(a)a function which is conferred by an enactment on the mayor for the area of the CCA, or

(b)a function which is conferred on the CCA by an enactment if an enactment provides for the function to be exercisable only by the mayor for the area of the CCA.]

(2)In this Chapter references to “general functions”, in relation to a mayor for the area of a CCA, are to any functions exercisable by the mayor [F2(whether by virtue of regulations under subsection (1) or otherwise)] other than PCC functions (see section 33(3)).

(3)The mayor may arrange—

(a)for the deputy mayor to exercise any general function of the mayor,

(b)for another member or officer of the CCA to exercise any such function,

[F3(ba)for a commissioner appointed under section 29A to exercise any such function, or]

(c)so far as authorised by regulations made by the Secretary of State—

(i)for a person appointed as the deputy mayor for policing and crime by virtue of regulations under paragraph 3(1) of Schedule 3, or

(ii)for a committee of the CCA, consisting of members appointed by the mayor (whether or not members of the CCA),

to exercise any such function.

[F4(3A)Subsection (3) is subject to section 30A.]

(4)The reference in subsection (3)(b) to a member of a CCA does not include a non-constituent or associate member.

(5)Regulations under subsection (3)(c)(ii) may include provision—

(a)about the membership of the committee;

(b)about the member of the committee who is to be its chair;

(c)about the appointment of members;

(d)about the voting powers of members (including provision for different weight to be given to the vote of different descriptions of member);

(e)about information held by the CCA that must, or must not, be disclosed to the committee for purposes connected to the exercise of the committee’s functions;

(f)applying (with or without modifications) sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

(6)Regulations under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.

(7)Provision in regulations under subsection (1) for a function to be exercisable only by the mayor is subject to subsection (3); but the Secretary of State may by regulations provide that arrangements under subsection (3)—

(a)may authorise the exercise of general functions only of a description specified in the regulations, or

(b)may not authorise the exercise of general functions of a description so specified.

(8)Any general function exercisable by the mayor for the area of a CCA [F5(whether by virtue of this Act or otherwise)] is to be taken to be a function of the CCA exercisable—

(a)by the mayor individually, or

(b)in accordance with arrangements made by virtue of this section or section 32 or 34.

(9)Regulations under this section may—

(a)include provision for general functions to be exercisable by the mayor subject to conditions or limitations specified in the regulations (including, for example, a condition for general functions to be exercisable only with the consent of the appropriate authorities (as defined by section 28(4)));

(b)provide for members or officers of a mayoral CCA to assist the mayor in the exercise of general functions;

(c)confer ancillary powers on the mayor for the purposes of the exercise of general functions;

(d)authorise the mayor to appoint one person as the mayor’s political adviser;

(e)provide for the terms and conditions of any such appointment;

(f)provide that functions that the mayoral CCA discharges in accordance with arrangements under section 101(1)(b) of the Local Government Act 1972 (discharge of local authority functions by another authority) are to be treated as general functions exercisable by the mayor (so far as authorised by the arrangements).

(10)Provision under subsection (9)(c) may include provision conferring power on the mayor that is similar to any power exercisable by the mayoral CCA—

(a)under section 49 (general power of CCA), or

(b)under regulations made under section 52(1) (general power of competence),

but the power conferred on the mayor may not include a power to borrow money.

[F6(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.]

[F7(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).]

(13)The requirement in subsection (11) does not apply where the regulations are made under section 19(1) and subsection (1) of this section in relation to an existing mayoral CCA and provide for a function—

(a)to be a function of the CCA, and

(b)to be a function exercisable only by the mayor.

See section 31 in relation to regulations of this kind.

Textual Amendments

F6S. 30(11)(11A) substituted for s. 30(11) (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39 of the amending Act) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 35(a) (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)

F7S. 30(12A) substituted for s. 30(12) (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39 of the amending Act) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 35(b) (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)

Commencement Information

I1S. 30 in force at 26.12.2023, see s. 255(2)(c)

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