English Devolution and Community Empowerment Act 2026

108 Commencement E+W

(1) On the day on which this Act is passed—

(a) this Part comes into force;

(b) the provisions referred to in subsection (3) come into force;

(c) any other provision of this Act comes into force (including provision modifying other legislation) so far as it confers power to make secondary legislation or is otherwise necessary for enabling the exercise of such a power on or after the day on which this Act is passed.

(2) But none of the following provisions comes into force in accordance with subsection (1)(c)—

(a) section 11 (and Schedules 4 and 5) (mayoral combined authorities & CCAs: overview and scrutiny committees);

(b) section 26 (and Schedule 9) (charges payable by undertakers executing works in maintainable highways);

(c) Chapter 6 of Part 3 (licensing of taxis and private hire vehicles);

(3) The provisions that come into force in accordance with subsection (1)(b) are—

(a) section 1 (strategic authorities);

(b) section 2 (areas of competence);

(c) section 4 (and Schedule 1) (combined authorities and CCAs: establishment, expansion and functions), apart from paragraphs 18 and 39 of Schedule 1 and any provision of that Schedule so far as relating to any of those paragraphs;

(d) section 5 (combined authorities and CCAs: functions generally);

(e) section 6 (and Schedule 2) (combined authorities and CCAs: decision-making and validity of proceedings);

(f) section 7 (combined authorities and CCAs: powers not limited by other provision or powers);

(g) section 9 (and Schedule 3) (appointment of commissioners by mayors);

(h) section 14 (levies);

(i) section 15 (combined authorities and CCAs: minor amendments);

(j) section 18 (functions of mayors of combined authorities or CCAs);

(k) section 19 (the “general functions” of mayors);

(l) section 21 (and Schedule 6) (extension of general power of competence to strategic authorities) so far as they relate to mayoral combined authorities and mayoral CCAs;

(m) section 25 (and Schedule 8) (arrangements to carry out works on highways);

(n) section 27 (and Schedule 10) (civil enforcement of traffic contraventions);

(o) section 29 (and Schedule 11) (key route network roads);

(p) section 30 (constituent councils to act in accordance with local transport plans etc);

(q) section 31 (and Schedule 12) (local transport authorities and other transport functions);

(r) section 32 (and Schedule 13) (education);

(s) section 36 (and Schedule 18) (acquisition and development of land);

(t) section 37 (and Schedule 19) (housing accommodation);

(u) section 38 (and Schedule 20) (mayoral development corporations);

(v) section 40 (and Schedule 21) (assessment of economic conditions);

(w) section 42 (Local Government Act 2003: expenditure grant);

(x) section 44 (and Schedule 23) (miscellaneous local authority functions);

(y) section 45 (health improvement and health inequalities duty);

(z) section 50 (sharing of information);

(z1) section 52 (encouragement of visitors and promotion of visitors).

(4) The provisions of this Act come into force in accordance with subsection (5) or (6) (if, or to the extent that, they do not come into force in accordance with subsection (1)).

(5) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) section 3 (single foundation strategic authorities);

(b) section 8 (combined authorities and CCAs: designation as established mayoral strategic authorities);

(c) section 10 (combined authorities and CCAs: allowances for members with special responsibilities);

(d) section 13 (power to borrow);

(e) section 16 (additional functions of the GLA);

(f) section 17 (members of legislatures disqualified for being a mayor of strategic authority);

(g) section 20 (report under section 1 of the Cities and Local Government Devolution Act 2016);

(h) section 21 (and Schedule 6) (extension of general power of competence to strategic authorities), except so far as they relate to mayoral combined authorities and mayoral CCAs;

(i) section 22 (power of mayors to convene meetings with local partners);

(j) section 23 (duty of mayors to collaborate);

(k) section 28 (restrictions on disposal of land by Transport for London);

(l) section 41 (and Schedule 22) (local growth plans);

(m) section 46 (functions of police and crime commissioners);

(n) section 47 (and Schedule 24) (PCCs and police areas);

(o) section 48 (and Schedule 25) (functions of fire and rescue authorities);

(p) section 49 (mayor with PCC and fire and rescue functions);

(q) section 51 (and Schedule 26) (licensing functions of the GLA and the Mayor of London);

(r) section 53 (requests by mayors of EMSAs for changes);

(s) section 54 (and Schedule 27) (regulations relating to functions of strategic authorities and mayors);

(t) section 55 (health service functions: application of existing limitations on devolution);

(u) section 56 (incidental etc provision);

(v) section 57 (transfer of property, rights and liabilities);

(w) section 58 (prohibition of secondary legislation removing functions);

(x) section 59 (and Schedule 28) (single tiers of local government);

(y) section 60 (certain functions of shadow authorities for single tiers of local government);

(z) section 61 (and Schedule 29) (local authority governance and executives);

(z1) section 64 (limit on delay of election in connection with local government reorganisation);

(z2) section 65 (publication of addresses of members etc in authority registers);

(z3) section 88 (and Schedule 33) (extension of general power of competence to English National Park authorities and the Broads Authority).

(6) This Act comes into force on such day or days as the Secretary of State may by regulations appoint (if, and to the extent that, it does not come into force in accordance with subsection (1) or (5)).

(7) Any reference in this Act to the coming into force of a provision is to its coming into force other than for the purpose of making secondary legislation.

(8) A power under this section to appoint a day may be exercised to appoint different days for different purposes or areas.

(9) The Secretary of State may, by regulations, make transitional or saving provision in connection with the coming into force of any provision of this Act.

(10) The power to make regulations under this section includes power to make different provision for different purposes or areas.

(11) Regulations under this section are to be made by statutory instrument.

Commencement Information

I1 S. 108 in force at Royal Assent, see s. 108(1)(a)