English Devolution and Community Empowerment Act 2026

Section 4

Schedule 1 E+W Establishment, expansion and functions of combined authorities and CCAs

Part 1 E+W Combined authorities

1 E+W LDEDCA 2009 is amended as follows.

Commencement Information

I1 Sch. 1 para. 1 in force at Royal Assent for specified purposes, see s. 108(1)(3)

2 E+W In section 104 (constitution and functions: transport)—

(a) in subsection (10)—

(i) in the opening words, for “section 107ZA(7)” substitute “subsections (10A), (11B) and (12)”;

(ii) in the opening words, for “a combined authority” substitute “an existing combined authority”;

(iii) in paragraph (b), omit “in the case of an order in relation to an existing combined authority,”;

(b) after subsection (10) insert—

“(10A) Subsection (10) does not apply where a proposal for the making of the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).”;

(c) in subsection (11), for the opening words substitute “In this Part “constituent council”, in relation to a combined authority, means—”;

(d) omit subsection (11A).

Commencement Information

I2 Sch. 1 para. 2 in force at Royal Assent for specified purposes, see s. 108(1)(3)

3 E+W In section 104A (non-constituent members of a combined authority), omit subsection (7).

Commencement Information

I3 Sch. 1 para. 3 in force at Royal Assent for specified purposes, see s. 108(1)(3)

4 E+W In section 105 (constitution and functions: local authority functions generally)—

(a) in subsection (3A)—

(i) in the opening words, for “a combined authority” substitute “an existing combined authority”;

(ii) in paragraph (a), omit “(as defined by section 104(11))”;

(iii) in paragraph (b), omit “in the case of an order in relation to an existing combined authority,”;

(b) after subsection (3A) insert—

“(3AA) Subsection (3A) does not apply where a proposal for the making of the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).”;

(c) in subsection (3B), after “is” insert “also”.

Commencement Information

I4 Sch. 1 para. 4 in force at Royal Assent for specified purposes, see s. 108(1)(3)

5 E+W In section 105B (section 105A orders: procedure)—

(a) for subsection (1) substitute—

“(1) The Secretary of State may make an order under section 105A in relation to an existing combined authority’s area only if—

(a) a proposal for the making of the order in relation to the combined authority has been submitted to the Secretary of State in accordance with section 112A, or

(b) the appropriate consent is given.”;

(b) for subsection (2) substitute—

“(2) For the purposes of subsection (1)(b), the appropriate consent is given to the making of an order under section 105A only if—

(a) each constituent council consents, and

(b) the combined authority consents.”;

(c) omit subsections (3) to (5);

(d) omit subsection (12).

Commencement Information

I5 Sch. 1 para. 5 in force at Royal Assent for specified purposes, see s. 108(1)(3)

6 E+W After section 105B insert—

“105C Non-mayoral combined authority: consent to budget

(1) A non-mayoral combined authority may only exercise the following functions with the consent of each constituent council—

(a) adopt or amend the authority’s budget;

(b) where it is not part of the budget, approve the total sum of the transport levy.

(2) In this section a reference to the “transport levy” is a reference to any levy issued by the combined authority relating to the exercise of its functions relating to transport in accordance with any regulations made from time to time under section 74(2) of the Local Government Finance Act 1988.”

Commencement Information

I6 Sch. 1 para. 6 in force at Royal Assent for specified purposes, see s. 108(1)(3)

7 E+W After section 105C (inserted by paragraph 6 of this Schedule) insert—

“105D Non-mayoral combined authority: functions imposing financial liability

(1) This section applies where a non-mayoral combined authority considers that the exercise of a function by the authority may result in a financial liability being incurred by one or more constituent councils (each such council being a “relevant constituent council”).

(2) The function may only be exercised with the consent of each relevant constituent council.

(3) When deciding whether subsection (1) applies, the authority must have regard to the “Code of Practice on Local Authority Accounting in the United Kingdom” published by the Chartered Institute of Public Finance and Accountancy, as amended or reissued from time to time.”

Commencement Information

I7 Sch. 1 para. 7 in force at Royal Assent for specified purposes, see s. 108(1)(3)

8 E+W In section 106 (changes to boundaries of a combined authority’s area), omit subsections (3A) to (3D).

Commencement Information

I8 Sch. 1 para. 8 in force at Royal Assent for specified purposes, see s. 108(1)(3)

9 E+W In section 107 (dissolution of a combined authority’s area), omit subsections (2) and (3).

Commencement Information

I9 Sch. 1 para. 9 in force at Royal Assent for specified purposes, see s. 108(1)(3)

10 E+W In section 107ZA (designation of key route network roads)—

(a) omit subsections (7) and (8);

(b) in subsection (9), omit the definitions of “constituent council” and “eligible power”.

Commencement Information

I10 Sch. 1 para. 10 in force at Royal Assent for specified purposes, see s. 108(1)(3)

11 E+W For section 107B substitute—

“107B Requirements in connection with orders under section 107A

(1) The Secretary of State may make an order under section 107A for there to be a mayor for the area of an existing combined authority only if the requirements under subsection (2), (3) or (4) are met (and for any further requirements in relation to such order see section 113 (requirements in connection with changes to existing combined arrangements)).

(2) The requirement under this subsection is that a proposal for there to be a mayor for the authority’s area has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).

(3) The requirements under this subsection are that—

(a) the order does not confer any additional functions on the authority, and

(b) the order has been consented to in writing by each constituent council and the combined authority.

(4) The requirements under this subsection are that the order implements a proposal that the Secretary of State is satisfied that the constituent councils and the combined authority have consented to in principle.”

Commencement Information

I11 Sch. 1 para. 11 in force at Royal Assent for specified purposes, see s. 108(1)(3)

12 E+W In section 107D (functions of mayors: general)—

(a) for subsection (9) substitute—

“(9) Except as provided for by subsections (10A) and (11), an order under this section may be made in relation to an existing combined authority only with the consent of the appropriate authorities.

(9A) The “appropriate authorities” for the purposes of this section means—

(a) in relation to a mayoral combined authority—

(i) the constituent councils, and

(ii) the mayor;

(b) in relation to a non-mayoral combined authority—

(i) the constituent councils, and

(ii) the combined authority.”

(b) for subsection (10) substitute—

“(10A) The requirement in subsection (9) does not apply where a proposal to make the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).”

Commencement Information

I12 Sch. 1 para. 12 in force at Royal Assent for specified purposes, see s. 108(1)(3)

13 E+W In section 107DA (procedure for direct conferral of general functions on mayor), omit subsection (5).

Commencement Information

I13 Sch. 1 para. 13 in force at Royal Assent for specified purposes, see s. 108(1)(3)

14 E+W In section 107EB (section 107EA orders: procedure), in subsection (12), omit the definition of “constituent councils”.

Commencement Information

I14 Sch. 1 para. 14 in force at Royal Assent for specified purposes, see s. 108(1)(3)

15 E+W In section 109A (proposal for new combined authority)—

(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 the authorities preparing the proposal consider it appropriate to consult.”;

(d) omit subsection (7).

Commencement Information

I15 Sch. 1 para. 15 in force at Royal Assent for specified purposes, see s. 108(1)(3)

16 E+W For section 110 substitute—

“110 Requirements in connection with establishment of combined authority

(1) The Secretary of State may make an order establishing a combined authority for an area (whether or not including other provision made under this Part) only if the following requirements are met in relation to the order.

(2) The Secretary of State considers that the statutory test is met.

(3) The order must—

(a) implement a proposal submitted to the Secretary of State in accordance with section 109A (proposal for new combined authority - 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 order falls under subsection (3)(a) or (b), the consultation requirement must be met.

(5) If the order falls under subsection ..., the Secretary of State must in making the order 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 order in relation to the area having regard to the need to secure effective and convenient local government in relation to the areas of competence.

(7) The “consultation requirement” is that the Secretary of State has consulted—

(a) if the order falls under subsection (3)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—

(i) the proposal that the order will implement, and

(ii) any modifications to that proposal;

(b) if the order falls under subsection (3)(b), the relevant consultees about the proposal.

(8) Subsection (9) applies where the Secretary of State is considering whether to make an order establishing a combined authority 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 order, the Secretary of State must have regard to the likely effect of the creation of the proposed combined authority on the exercise of functions equivalent to those of the proposed combined authority's functions in each local government area that is next to any part of the proposed area.

(10) The requirements of this section do not apply to an order to the extent that it includes provision made under section 107F (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 combined authority is proposed to be established;

• the “relevant consultees”, in relation to subsection (7)(b) are—

  (a)

  the constituent councils, and

  (b)

  any other persons that the Secretary of State considers it appropriate to consult.”

Commencement Information

I16 Sch. 1 para. 16 in force at Royal Assent for specified purposes, see s. 108(1)(3)

17 E+W In section 112A (proposal for changes to existing combined arrangements)—

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

(b) in subsection (1)(a), for the words from “section 104” to “107F” substitute “any of the relevant sections”;

(c) after subsection (1) insert—

“(1A) The “relevant sections” are—

(a) section 104 (constitution and functions: transport);

(b) section 105 (constitution and functions: local authority functions generally);

(c) section 105A (other public authority functions);

(d) section 106 (changes to boundaries);

(e) section 107 (dissolution);

(f) section 107A (power to provide for election of mayor);

(g) section 107D (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, and”;

(e) in subsection (5), after “an order” insert “under section 104, 105, 105A or 107D”;

(f) after subsection (5) insert—

“(5A) Before a proposal under this section for the making of an order under section 106 or 107 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 an order under section 107A is submitted to the Secretary of State, the constituent councils and the combined authority 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 an order under section 104, 105, 105A or 107D, 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 (8);

(j) for subsection (9) substitute—

“(9A) For the meaning of the “relevant consenting authorities” in relation to an order under section 106 or 107 see sections 113ZB and 113ZC.”

Commencement Information

I17 Sch. 1 para. 17 in force at Royal Assent for specified purposes, see s. 108(1)(3)

Prospective

18 E+W After section 112A insert—

“112B Proposal to add an area to an existing area of a combined authority (Secretary of State directed)

(1) The Secretary of State may prepare a proposal under this section for the making of an order under section 106 to add a local government area to an existing area of a combined authority 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 combined county authority.

(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 to establish a new combined authority;

(b) under section 45 of the Levelling-up and Regeneration Act 2023 to establish a new combined county authority;

(c) under section 112A to add an area to the existing area of a combined authority;

(d) under section 47 of the Levelling-up and Regeneration Act 2023 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 order that the proposal would give effect to (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 district council whose area would be added to the area of the combined authority,

(b) any county council any of whose area would be added to the area of the combined authority,

(c) if the combined authority is a mayoral combined authority, the mayor,

(d) the constituent councils of the combined authority, 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—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “notified person” means a person notified about a proposal under this section in accordance with subsection (6);

• “proposed area” means the area of a combined authority 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 110(6).”

Commencement Information

I18 Sch. 1 para. 18 not in force at Royal Assent, see s. 108(1)(3)(6)

19 E+W For section 113 substitute—

“113 Requirements in connection with changes to existing combined arrangements

(1) The Secretary of State may make an order under any of the relevant sections in relation to an existing combined authority 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 104 (constitution and functions: transport);

(b) section 105 (constitution and functions: local authority functions generally);

(c) section 105A (other public authority functions);

(d) section 107A (power to provide for election of mayor);

(e) section 107D (functions of mayors: general).

(3) If the order implements a proposal submitted to the Secretary of State in accordance with section 112A, 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 order is made in accordance with the requirements under section 107B(3).

(6) The “relevant consultees” for the purposes of subsection (4)—

(a) in relation to a mayoral combined authority means—

(i) the constituent councils, and

(ii) the mayor;

(b) in relation a non-mayoral combined authority means—

(i) the constituent councils, and

(ii) the combined authority.

(7) In this section, “statutory test” has the meaning given by section 110(6).”

Commencement Information

I19 Sch. 1 para. 19 in force at Royal Assent for specified purposes, see s. 108(1)(3)

20 E+W After section 113 (inserted by paragraph 19) insert—

“113ZA Requirements in connection with boundary changes or dissolution of combined authority

(1) The Secretary of State may make an order under section 106 (boundary changes) or 107 (dissolution) in relation to an existing combined authority 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 an order under section 106, means the area after the local government area in question has been added or removed, or

(b) in relation to an order under section 107, means the area of the combined authority.

(4) The order must—

(a) implement a proposal submitted to the Secretary of State in accordance with section 112A, with or without modifications,

(b) implement a proposal of which notice was given under section 112B, 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 113ZB and 113ZC: relevant consenting authorities).

(5) If the order falls under subsection (4)(a) or (c), the consultation requirement must be met.

(6) If the order falls under subsection (4)(b), the Secretary of State must in making the order 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 order falls under subsection (4)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—

(i) the proposal that the order will implement, and

(ii) any modifications to that proposal;

(b) if the order falls under subsection (4)(c), the relevant consultees about the proposal.

(8) Subsection (9) applies where the Secretary of State is considering whether to make an order under section 106 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 the order under section 106, the Secretary of State must have regard to the likely effect of the change to the combined authority's area on the exercise of functions equivalent to those of the combined authority's functions in each local government area that is next to any part of the area to be created by the order.

(10) In this section—

• “relevant consultee” —

  (a)

  in relation to an order under section 106 means—

  (i)

  the council of the local government area to be added to or removed from the area of the combined authority;

  (ii)

  if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority;

  (iii)

  if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority;

  (iv)

  any other persons that the Secretary of State considers appropriate;

  (b)

  in relation to an order under section 107 means—

  (i)

  the constituent councils of the combined authority that is to be abolished;

  (ii)

  if the combined authority that is to be abolished is a mayoral combined authority, the mayor of that authority;

  (iii)

  if the combined authority that is to be abolished is a non-mayoral combined authority, the combined authority;

  (iv)

  any other persons that the Secretary of State considers appropriate;

• “statutory test” has the meaning given by section 110(6).

113ZB Relevant consenting authorities in relation to orders under section 106

(1) The “relevant consenting authorities” in relation to an order under section 106 means—

(a) the relevant council for the local government area to be added to or removed from the area of the combined authority;

(b) if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority;

(c) if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority.

(2) The “relevant council” in relation to a local government area for the purposes of subsection (1)(a) 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 district council whose area does not form part of the area of a county council, the district council;

(c) if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council.

(3) If there are two relevant councils in relation to a local government area by virtue of subsection (2), the condition in subsection (1)(a) is met if—

(a) in the case of an order adding a local government area to an existing area of a combined authority, either or both of the relevant councils consent;

(b) in the case of an order removing a local government area from an existing area of a combined authority, both of the relevant councils consent.

(4) Where the combined authority is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 113ZA(4)(c) is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

(5) A reference in subsection (4) 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.

113ZC Relevant consenting authorities in relation to orders under section 107

(1) The “relevant consenting authorities” in relation to an order under section 107 to dissolve or abolish a combined authority means—

(a) a majority of the relevant councils;

(b) if the combined authority that is to be abolished is a mayoral combined authority, the mayor of that authority.

(2) The “relevant councils” for the purposes of this section are—

(a) a county council whose area, or part of whose area, is within the area of the combined authority;

(b) a unitary district council whose area is within the area of the combined authority.”

Commencement Information

I20 Sch. 1 para. 20 in force at Royal Assent for specified purposes, see s. 108(1)(3)

21 E+W In section 113D (general power of competence)—

(a) in subsection (2), omit “(as defined by section 107B(5))”;

(b) for subsection (3) substitute—

“(2A) The “appropriate authorities” for the purpose of this section are—

(a) the constituent councils, and

(b) in the case of an order in relation to an existing combined authority, the combined authority.”

Commencement Information

I21 Sch. 1 para. 21 in force at Royal Assent for specified purposes, see s. 108(1)(3)

Part 2 E+W CCAs

22 E+W LURA 2023 is amended as follows.

Commencement Information

I22 Sch. 1 para. 22 in force at Royal Assent for specified purposes, see s. 108(1)(3)

23 E+W In section 10 (constitutional arrangements)—

(a) in subsection (8)—

(i) in the opening words, for “a CCA” substitute “an existing CCA”;

(ii) in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

(b) after subsection (8) insert—

“(8A) Subsection (8) 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).”;

(c) omit subsection (9).

Commencement Information

I23 Sch. 1 para. 23 in force at Royal Assent for specified purposes, see s. 108(1)(3)

24 E+W In section 16 (funding)—

(a) in subsection (2)—

(i) in the opening words, for “a CCA” substitute “an existing CCA”;

(ii) in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

(b) after subsection (2) insert—

“(2A) Subsection (2) 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).”

Commencement Information

I24 Sch. 1 para. 24 in force at Royal Assent for specified purposes, see s. 108(1)(3)

25 E+W In section 18 (local authority functions)—

(a) in subsection (6)—

(i) in the opening words, for “a CCA” substitute “an existing CCA”;

(ii) in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

(b) after subsection (6) insert—

“(7) Subsection (6) 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).”

Commencement Information

I25 Sch. 1 para. 25 in force at Royal Assent for specified purposes, see s. 108(1)(3)

26 E+W In section 20 (section 19 regulations: procedure)—

(a) for subsection (1) substitute—

“(1) The Secretary of State may make regulations under section 19(1) in relation to an existing CCA only if—

(a) a proposal for the making of the regulations in relation to the CCA has been submitted to the Secretary of State in accordance with section 47, or

(b) the appropriate authorities consent.”

(b) omit subsection (2);

(c) in subsection (4), for “appropriate consent to be given” substitute “appropriate authorities to consent”;

(d) in subsection (8)(b), omit “in the case of regulations in relation to an existing CCA,”.

Commencement Information

I26 Sch. 1 para. 26 in force at Royal Assent for specified purposes, see s. 108(1)(3)

27 E+W In section 21 (integrated transport authority and passenger transport executive)—

(a) in subsection (5)—

(i) in the opening words, for “a CCA” substitute “an existing CCA”;

(ii) in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

(b) after subsection (5) insert—

“(5A) Subsection (5) 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).”

Commencement Information

I27 Sch. 1 para. 27 in force at Royal Assent for specified purposes, see s. 108(1)(3)

28 E+W In section 22 (directions relating to highways and traffic functions)—

(a) in subsection (11)—

(i) for the opening words, substitute “Regulations under subsection (1) may be made in relation to an existing CCA only with the consent of—”;

(ii) in paragraph (b), omit “in the case of regulations in relation to an existing CCA,”;

(b) after subsection (11) insert—

“(12) 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).”

Commencement Information

I28 Sch. 1 para. 28 in force at Royal Assent for specified purposes, see s. 108(1)(3)

29 E+W In section 24 (designation of key route network roads)—

(a) omit subsections (7) and (8);

(b) in subsection (9), omit the definition of “eligible power”.

Commencement Information

I29 Sch. 1 para. 29 in force at Royal Assent for specified purposes, see s. 108(1)(3)

30 E+W After section 24C (inserted by section 7 of this Act) insert—

“24D Non-mayoral CCA: consent to budget

(1) A non-mayoral CCA may only exercise the following functions with the consent of each constituent council—

(a) adopt or amend the CCA’s budget;

(b) where it is not part of the budget, approve the total sum of the transport levy.

(2) In this section a reference to the “transport levy” is a reference to any levy issued by the CCA relating to the exercise of its functions relating to transport in accordance with any regulations made from time to time under section 74(2) of the Local Government Finance Act 1988.”

Commencement Information

I30 Sch. 1 para. 30 in force at Royal Assent for specified purposes, see s. 108(1)(3)

31 E+W After section 24D (inserted by paragraph 31 of this Schedule) insert—

“24E Non-mayoral CCA: functions imposing financial liability

(1) This section applies where a non-mayoral CCA considers that the exercise of a function by the CCA may result in a financial liability being incurred by one or more constituent councils (each such council being a “relevant constituent council”).

(2) The function may only be exercised with the consent of each relevant constituent council.

(3) When deciding whether subsection (1) applies, the CCA must have regard to the “Code of Practice on Local Authority Accounting in the United Kingdom” published by the Chartered Institute of Public Finance and Accountancy, as amended or reissued from time to time.”

Commencement Information

I31 Sch. 1 para. 31 in force at Royal Assent for specified purposes, see s. 108(1)(3)

32 E+W In section 25 (changes to boundaries of a CCA’s area), omit subsections (6) to (10).

Commencement Information

I32 Sch. 1 para. 32 in force at Royal Assent for specified purposes, see s. 108(1)(3)

33 E+W In section 26 (dissolution of a CCA’s area), omit subsection (4).

Commencement Information

I33 Sch. 1 para. 33 in force at Royal Assent for specified purposes, see s. 108(1)(3)

34 E+W For section 28 substitute—

“28 Requirements in connection with regulations under section 27

(1) The Secretary of State may make regulations under section 27(1) for there to be a mayor for the area of an existing CCA only if the requirements under subsection (2), (3) or (4) are met (and for any further requirements in relation to such regulations see section 48 (requirements in connection with changes to existing CCA)).

(2) The requirement under this subsection is that a proposal for there to be a mayor for the CCA’s area has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).

(3) The requirements under this subsection are that—

(a) the regulations do not confer any additional functions on the CCA, and

(b) the regulations have been consented to in writing by each constituent council and the CCA.

(4) The requirements under this subsection are that the regulations implement a proposal that the Secretary of State is satisfied that the constituent councils and the CCA have consented to in principle.”

Commencement Information

I34 Sch. 1 para. 34 in force at Royal Assent for specified purposes, see s. 108(1)(3)

35 E+W In section 30 (functions of mayors: general)—

(a) for subsection (11) substitute—

“(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).”

Commencement Information

I35 Sch. 1 para. 35 in force at Royal Assent for specified purposes, see s. 108(1)(3)

36 E+W 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).

Commencement Information

I36 Sch. 1 para. 36 in force at Royal Assent for specified purposes, see s. 108(1)(3)

37 E+W For section 46 substitute—

“46 Requirements in connection with establishment of CCA

(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—

  (a)

  the constituent councils, and

  (b)

  any other persons that the Secretary of State considers it appropriate to consult.”

Commencement Information

I37 Sch. 1 para. 37 in force at Royal Assent for specified purposes, see s. 108(1)(3)

38 E+W 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.”

Commencement Information

I38 Sch. 1 para. 38 in force at Royal Assent for specified purposes, see s. 108(1)(3)

Prospective

39 E+W After section 47 insert—

“47A Proposal to add an area to an existing area of a CCA (Secretary of State directed)

(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).”

Commencement Information

I39 Sch. 1 para. 39 not in force at Royal Assent, see s. 108(1)(3)(6)

40 E+W For section 48 substitute—

“48 Requirements for changes to existing arrangements relating to CCA

(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).”

Commencement Information

I40 Sch. 1 para. 40 in force at Royal Assent for specified purposes, see s. 108(1)(3)

41 E+W After section 48 insert—

“48A Requirements in connection with boundary changes or dissolution of CCA

(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”—

  (a)

  in relation to regulations under section 25 means—

  (i)

  the council of the local government area to be added to or removed from the area of the CCA;

  (ii)

  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;

  (iii)

  if the CCA that the local government area is to be added to or removed from is a non-mayoral CCA, the CCA;

  (iv)

  any other persons that the Secretary of State considers appropriate;

  (b)

  in relation to regulations under section 26 means—

  (i)

  the constituent councils of the CCA that is to be abolished,

  (ii)

  if the CCA that is to be abolished is a mayoral CCA, the mayor of the CCA;

  (iii)

  if the CCA that is to be abolished is a non- mayoral CCA, the CCA;

  (iv)

  any other persons that the Secretary of State considers appropriate;

• “statutory test” has the meaning given by section 46(6).

48B Relevant consenting authorities in relation to regulations under section 25

(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 Relevant consenting authorities in relation to regulations under section 26

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.”

Commencement Information

I41 Sch. 1 para. 41 in force at Royal Assent for specified purposes, see s. 108(1)(3)

42 E+W 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.”

Commencement Information

I42 Sch. 1 para. 42 in force at Royal Assent for specified purposes, see s. 108(1)(3)