Levelling-up and Regeneration Act 2023

Pt.1

Levelling-up missions

Pt.1(crossheading)(setting)(missions)

Setting missions

s.1

Statement of levelling-up missions

s.1(1)

A Minister of the Crown must prepare, and lay before each House of Parliament, a statement of levelling-up missions.

s.1(2)

A “statement of levelling-up missions” is a document which sets out—

s.1(2)(a)

objectives which His Majesty’s Government intends to pursue to reduce geographical disparities in the United Kingdom significantly (“levelling-up missions”), within a period specified in the statement (the “mission period”), and

s.1(2)(b)

details of how His Majesty’s Government proposes to measure progress in delivering those levelling-up missions (the “mission progress methodology and metrics”).

s.1(3)

In the course of preparing a statement of levelling-up missions, the Minister of the Crown must have regard to—

s.1(3)(a)

the importance of the levelling-up missions in the statement (taken as a whole) addressing both economic and social disparities in opportunities or outcomes, and

s.1(3)(b)

the needs of rural areas.

s.1(4)

The mission period for a statement of levelling-up missions must not—

s.1(4)(a)

begin before the statement has been laid before each House of Parliament, nor

s.1(4)(b)

be shorter than five years.

s.1(5)

A statement of levelling-up missions must specify a target date for the delivery of each of the levelling-up missions in it, which may be before or at the end of the mission period.

s.1(6)

If different target dates are specified under subsection (5) for different levelling-up missions, the statement of levelling-up missions must give reasons for the different dates.

s.1(7)

The first statement of levelling-up missions must come into effect before the end of the period of one month beginning with the day on which this section comes into force.

s.1(8)

A statement of levelling-up missions comes into effect when—

s.1(8)(a)

the statement has been laid before each House of Parliament and published by a Minister of the Crown, and

s.1(8)(b)

the mission period in the statement begins.

s.1(9)

Before the end of the mission period in a statement of levelling-up missions (“the old statement”), a Minister of the Crown must prepare a new statement of levelling-up missions, lay it before each House of Parliament and publish it.

s.1(10)

The mission period in the new statement of levelling-up missions must begin no later than immediately after the end of the mission period in the old statement.

s.1(11)

When the new statement of levelling-up missions comes into effect it replaces the old statement, which ceases to have effect.

s.1(12)

References in this Part to the current statement of levelling-up missions are to the statement of levelling-up missions for the time being in effect.

s.2

Statement of levelling-up missions: devolution

s.2(1)

In the course of preparing a statement of levelling-up missions, a Minister of the Crown must—

s.2(1)(a)

have regard to any role of the devolved legislatures and devolved authorities in connection with the levelling-up missions in the statement, and

s.2(1)(b)

carry out such consultation as the Minister considers appropriate with the devolved authorities.

s.2(2)

A Minister of the Crown must prepare a document which sets out how the Minister has complied with subsection (1)(a).

s.2(3)

A Minister of the Crown must lay the document mentioned in subsection (2) before each House of Parliament, and publish it, at the same time as, or as soon as is reasonably practicable after, the statement of levelling-up missions is so laid and published.

Pt.1(crossheading)(reporting)(on)(missions)

Reporting on missions

s.3

Annual etc reports on delivery of levelling-up missions

s.3(1)

A Minister of the Crown must prepare reports on the delivery of the levelling-up missions in the current statement of levelling-up missions, in accordance with this section.

s.3(2)

In the course of preparing each report, the Minister of the Crown must have regard to the needs of rural areas.

s.3(3)

Each report must—

s.3(3)(a)

include the Minister’s assessment of the progress that has been made, in the period to which the report relates, in delivering each of the levelling-up missions in the current statement of levelling-up missions as it has effect at the end of that period,

s.3(3)(b)

describe what has been done, in that period, by His Majesty’s Government to deliver each of those levelling-up missions, and

s.3(3)(c)

set out what His Majesty’s Government plans to do in the future to deliver each of those levelling-up missions.

s.3(4)

The Minister’s assessment under subsection (3)(a) must be carried out by reference to the mission progress methodology and metrics in the current statement of levelling-up missions as it has effect at the end of the period to which the report relates.

s.3(5)

If His Majesty’s Government considers that it is no longer appropriate for it to pursue a levelling-up mission in the current statement of levelling-up missions, the report may state that His Majesty’s Government no longer intends to pursue that mission, instead of dealing with the matters mentioned in subsection (3) in relation to that mission.

s.3(6)

If a report contains a statement under subsection (5), it must also set out the reasons for the statement being made.

s.3(7)

In the course of preparing a report on the delivery of the levelling-up missions, a Minister of the Crown must carry out such consultation as the Minister considers appropriate with the devolved authorities.

s.3(8)

The first report in relation to a statement of levelling-up missions must relate to the first 12 months of the mission period in the statement.

s.3(9)

Subsequent reports in relation to a statement of levelling-up missions must relate to—

s.3(9)(a)

the 12 month period immediately following the 12 month period in relation to which the previous report relating to the statement was prepared, or

s.3(9)(b)

if shorter, the period—

s.3(9)(b)(i)

beginning immediately after the 12 month period in relation to which the previous report relating to the statement was prepared, and

s.3(9)(b)(ii)

ending at the end of the mission period in the statement.

s.4

Reports: Parliamentary scrutiny and publication

s.4(1)

A report under section 3 must be laid before each House of Parliament before the end of the period of 120 days beginning immediately after the last day of the period to which the report relates.

s.4(2)

After a report has been laid before Parliament under subsection (1), a Minister of the Crown must publish it as soon as is reasonably practicable.

s.4(3)

In calculating the period of 120 days mentioned in subsection (1), no account is to be taken of any time during which—

s.4(3)(a)

Parliament is dissolved or prorogued, or

s.4(3)(b)

either House of Parliament is adjourned for more than 4 days.

Pt.1(crossheading)(revision)(of)(methodology)(and)(metrics)(or)(target)(dates)

Revision of methodology and metrics or target dates

s.5

Changes to mission progress methodology and metrics or target dates

s.5(1)

This section applies if a Minister of the Crown considers that the mission progress methodology and metrics, or the target date for the delivery of a levelling-up mission, in the current statement of levelling-up missions should be changed.

s.5(2)

The Minister—

s.5(2)(a)

may revise the current statement of levelling-up missions so as to change the mission progress methodology and metrics or (as the case may be) target date, and

s.5(2)(b)

as soon as is reasonably practicable after doing so, must—

s.5(2)(b)(i)

publish a statement setting out the reasons for the mission progress methodology and metrics, or target date, being changed, and

s.5(2)(b)(ii)

lay the revised statement of levelling-up missions before each House of Parliament and then publish it.

s.5(3)

In discharging functions under this section, a Minister of the Crown must have regard to the needs of rural areas.

s.5(4)

The current statement of levelling-up missions has effect with the revisions made under subsection (2) on and after the day on which it is published after being laid before each House of Parliament.

s.5(5)

Before making any revisions under subsection (2), a Minister of the Crown must—

s.5(5)(a)

have regard to any role of the devolved legislatures and devolved authorities in connection with the levelling-up mission to which the revision relates, and

s.5(5)(b)

carry out such consultation as the Minister considers appropriate with the devolved authorities.

Pt.1(crossheading)(review)(of)(missions)

Review of missions

s.6

Reviews of statements of levelling-up missions

s.6(1)

A Minister of the Crown must review the current statement of levelling-up missions, in accordance with this section.

s.6(2)

The first review of the current statement of levelling-up missions must be completed, and a report on that review published, within the period of five years beginning with the first day of the mission period in that statement.

s.6(3)

Subsequent reviews of the current statement of levelling-up missions must be completed, and the report on the review published, within the period of five years beginning with the day on which the report on the previous review was published.

s.6(4)

But a final review of the current statement of levelling-up missions must be completed, and the report on the review published, before a new statement is laid before each House of Parliament in accordance with section 1(9).

s.6(5)

The purposes of a review under this section are to—

s.6(5)(a)

consider whether His Majesty’s Government pursuing the levelling-up missions in the current statement of levelling-up missions is effectively contributing to the reduction of geographical disparities in the United Kingdom,

s.6(5)(b)

conclude whether His Majesty’s Government should continue to pursue those levelling-up missions and, if not, what the levelling-up missions are instead to be, and

s.6(5)(c)

consider whether there are any additional levelling-up missions which His Majesty’s Government should pursue.

s.6(6)

In the course of carrying out a review under this section, a Minister of the Crown must—

s.6(6)(a)

have regard to any role of the devolved legislatures and devolved authorities in connection with the levelling-up missions in the statement, and

s.6(6)(b)

carry out such consultation as the Minister considers appropriate with the devolved authorities.

s.6(7)

As soon as is reasonably practicable after the conclusion of a review under this section, a Minister of the Crown must lay a report on the review before each House of Parliament and then publish it.

s.6(8)

The report on a review under this section must—

s.6(8)(a)

state whether His Majesty’s Government considers that pursuing the levelling-up missions in the current statement of levelling-up missions is effectively contributing to the reduction of geographical disparities in the United Kingdom,

s.6(8)(b)

state whether His Majesty’s Government has concluded that it should continue to pursue those levelling-up missions and, if not, what the levelling-up missions are instead to be,

s.6(8)(c)

state whether there are any additional levelling-up missions which His Majesty’s Government considers it should pursue, and

s.6(8)(d)

set out reasons for the statements under paragraphs (a) to (c).

s.6(9)

Subsections (10) to (12) do not apply in relation to a report on the final review of the current statement of levelling-up missions.

s.6(10)

If the report states that His Majesty’s Government has concluded that it should not continue to pursue the levelling-up missions in the current statement of levelling-up missions—

s.6(10)(a)

a Minister of the Crown must revise the statement—

s.6(10)(a)(i)

so that it instead contains the levelling-up missions that His Majesty’s Government is to pursue for the remaining mission period, and

s.6(10)(a)(ii)

to make any changes to the mission progress methodology and metrics that the Minister considers appropriate in consequence of doing so, and

s.6(10)(b)

as soon as is reasonably practicable after revising it, the Minister must lay the revised statement before each House of Parliament and then publish it.

s.6(11)

If the report states that His Majesty’s Government considers that it should pursue an additional levelling-up mission—

s.6(11)(a)

a Minister of the Crown must revise the current statement of levelling-up missions so as to—

s.6(11)(a)(i)

add the levelling-up mission, and

s.6(11)(a)(ii)

make any changes to the mission progress methodology and metrics that the Minister considers appropriate in consequence of doing so, and

s.6(11)(b)

as soon as is reasonably practicable after revising it, the Minister must lay the revised statement before each House of Parliament and then publish it.

s.6(12)

The current statement of levelling-up missions has effect with the revisions made under subsection (10)(a) or (11)(a) on and after the day on which the revised statement is published after being laid before each House of Parliament.

s.6(13)

In carrying out functions under this section, a Minister of the Crown must have regard to—

s.6(13)(a)

the importance of the levelling-up missions in the statement of levelling-up missions (taken as a whole) addressing both economic and social disparities in opportunities or outcomes, and

s.6(13)(b)

the needs of rural areas.

Pt.1(crossheading)(levellingup)(funding)

Levelling-up funding

s.7

Levelling Up Fund Round 3

s.7(1)

Before the end of the period of three months beginning with the day on which this Act is passed, a Minister of the Crown must lay before each House of Parliament a statement on Levelling Up Fund Round 3.

s.7(2)

A “statement on Levelling Up Fund Round 3” is a statement about the allocation of a third round of funding from the Levelling Up Fund.

s.7(3)

The “Levelling Up Fund” is the programme run by His Majesty’s Government which is known as the Levelling Up Fund and was announced on 25 November 2020.

Pt.1(crossheading)(general)

General

s.8

Interpretation of Part 1

In this Part—

Pt.2

Local democracy and devolution

Pt.2 Ch.1

Combined county authorities

Pt.2 Ch.1(crossheading)(ccas)(and)(their)(areas)

CCAs and their areas

s.9

Combined county authorities and their areas

s.9(1)

The Secretary of State may by regulations establish as a body corporate a combined county authority (a “CCA”) for an area that meets the following conditions.

s.9(2)

Condition A is that the area is wholly within England and consists of—

s.9(2)(a)

the whole of the area of a two-tier county council, and

s.9(2)(b)

the whole of one or more of—

s.9(2)(b)(i)

the area of a two-tier county council,

s.9(2)(b)(ii)

the area of a unitary county council, or

s.9(2)(b)(iii)

the area of a unitary district council.

s.9(3)

Condition B is that no part of the area forms part of—

s.9(3)(a)

the area of another CCA,

s.9(3)(b)

the area of a combined authority, or

s.9(3)(c)

the integrated transport area of an Integrated Transport Authority.

s.9(4)

Regulations under subsection (1) must specify the name by which the CCA is to be known.

s.9(5)

In this Chapter—

Pt.2 Ch.1(crossheading)(constitution)(of)(ccas)

Constitution of CCAs

s.10

Constitutional arrangements

s.10(1)

The Secretary of State may by regulations make provision about the constitutional arrangements of a CCA.

s.10(2)

“Constitutional arrangements” in relation to a CCA means—

s.10(2)(a)

the membership of the CCA (including the number and appointment of members of the CCA and the remuneration of, and pensions or allowances payable to or in respect of, any member of the CCA);

s.10(2)(b)

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

s.10(2)(c)

the executive arrangements of the CCA;

s.10(2)(d)

the functions of any executive body of the CCA.

s.10(3)

In subsection (2)(c) “executive arrangements” means—

s.10(3)(a)

the appointment of an executive;

s.10(3)(b)

the functions of the CCA which are the responsibility of an executive;

s.10(3)(c)

the functions of the CCA which are the responsibility of an executive and which may be discharged by a committee of the CCA or by a body other than the CCA;

s.10(3)(d)

arrangements relating to the review and scrutiny of the discharge of functions;

s.10(3)(e)

access to information on the proceedings of an executive of the CCA;

s.10(3)(f)

the disapplication of section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) in relation to an executive of the CCA or a committee of such an executive;

s.10(3)(g)

the keeping of a record of any arrangements relating to the CCA and falling within paragraphs (a) to (f).

s.10(4)

Regulations under subsection (1) which, by virtue of subsection (2)(a), include provision about the number and appointment of members of the CCA must provide—

s.10(4)(a)

for the members of the CCA other than— to be appointed by the CCA’s constituent councils, and

s.10(4)(a)(i)

the mayor (in the case of a mayoral CCA),

s.10(4)(a)(ii)

the CCA’s non-constituent members (see section 11), and

s.10(4)(a)(iii)

the CCA’s associate members (see section 12),

s.10(4)(b)

for each of the constituent councils to appoint at least one of its elected members as a member of the CCA.

s.10(5)

The provision which may be made by regulations under subsection (1) by virtue of subsection (2)(d) includes—

s.10(5)(a)

provision setting up or dissolving an executive body of a CCA, or merging two or more executive bodies of a CCA;

s.10(5)(b)

provision conferring functions on, or removing functions from, an executive body of a CCA;

s.10(5)(c)

provision transferring functions of a CCA to an executive body of the CCA, and transferring functions of an executive body of a CCA to the CCA.

s.10(6)

Regulations under subsection (1) may not provide for the budget of a CCA to be agreed otherwise than by the CCA.

s.10(7)

The power to make regulations under subsection (1) is subject to—

s.10(7)(a)

sections 11 and 12 and regulations under section 13(1) (non-constituent and associate members), and

s.10(7)(b)

sections 14(4) and 25(9) and (12) (procedure for CCA consents).

s.10(8)

Regulations under subsection (1) may be made in relation to an existing CCA only with the consent of—

s.10(8)(a)

the constituent councils, and

s.10(8)(b)

... the CCA.

s.10(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).

s.10(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.10(10)

If the only provision made under subsection (1) in regulations under this Chapter is provision as a result of regulations to which section 31 applies (procedure for direct conferral of general functions on mayor)—

s.10(10)(a)

subsection (8) does not apply to the regulations under this Chapter, and

s.10(10)(b)

the regulations may be made only with the consent of the mayor for the CCA.

s.10(11)

In this Chapter “constituent council”, in relation to a CCA or proposed CCA, means—

s.10(11)(a)

a county council for an area within the CCA’s area or proposed area, or

s.10(11)(b)

a unitary district council for an area within the CCA’s area or proposed area.

s.11

Non-constituent members of a CCA

s.11(1)

A CCA may designate a body other than a constituent council as a nominating body for the purposes of this Chapter.

s.11(2)

A nominating body may be designated under subsection (1) only if the body consents to the designation.

s.11(3)

A nominating body of a CCA may nominate a representative of the body for appointment by the CCA as a member (a “non-constituent member”).

s.11(4)

The non-constituent members of a CCA are to be non-voting members of that authority unless the voting members resolve otherwise.

s.11(5)

A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the CCA should consent to the making of regulations under this Chapter.

s.12

Associate members of a CCA

s.12(1)

A CCA may appoint an individual to be a member (“an associate member”) of the CCA.

s.12(2)

The associate members of a CCA are to be non-voting members of the CCA.

s.13

Regulations about members

s.13(1)

The Secretary of State may by regulations make provision about—

s.13(1)(a)

constituent members of a CCA;

s.13(1)(b)

the mayor for the area of a CCA in the mayor’s capacity as a member of the CCA;

s.13(1)(c)

nominating bodies of a CCA;

s.13(1)(d)

non-constituent members of a CCA;

s.13(1)(e)

associate members of a CCA.

s.13(2)

The provision that may be made by regulations under subsection (1) includes, in particular, provision about—

s.13(2)(a)

the cases in which a decision of a CCA requires a majority, or a particular kind of majority, of the votes of members of a particular kind (including provision disapplying or modifying the effect of section 13A);

s.13(2)(b)

the process for the designation of a nominating body or the removal of such a designation;

s.13(2)(c)

the number of nominating bodies that may be designated by a CCA;

s.13(2)(d)

the number of non-constituent members that may be appointed by a nominating body of a CCA;

s.13(2)(e)

the appointment, disqualification, resignation or removal of a non-constituent member;

s.13(2)(f)

the appointment of a substitute member to act in place of a non-constituent member;

s.13(2)(g)

the maximum number of non-constituent members of a CCA;

s.13(2)(h)

the making by a nominating body of a CCA of payments towards the costs of the CCA;

s.13(2)(i)

the things which may or may not be done by, or in relation to, a non-constituent member;

s.13(2)(j)

the appointment, disqualification, resignation or removal of an associate member;

s.13(2)(k)

the appointment of a substitute member to act in place of an associate member;

s.13(2)(l)

the maximum number of associate members of a CCA;

s.13(2)(m)

the things which may or may not be done by, or in relation to, an associate member.

s.13(3)

Regulations under subsection (1) may confer a discretion on a CCA to determine any matter.

s.13(4)

In this section “constituent member”, in relation to a CCA, means a member of the CCA (other than any mayor for the area of the CCA) appointed by a constituent council.

s.13A

Decision-making

s.13A(1)

This section applies to any decision of a CCA.

s.13A(2)

A decision of a non-mayoral CCA is to be made by a simple majority of the voting members present and voting on that question at a meeting of the CCA.

s.13A(3)

A decision of a mayoral CCA is to be made by a simple majority of the voting members present and voting on that question at a meeting of the CCA; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor.

s.13A(4)

But if— the decision is to be made by a simple majority of the voting members present and voting on that question at a meeting of the CCA.

s.13A(4)(a)

the office of mayor is vacant, and

s.13A(4)(b)

there is no deputy mayor,

s.13A(5)

On a decision of any CCA—

s.13A(5)(a)

each voting member has one vote;

s.13A(5)(b)

in the case of a tied vote—

s.13A(5)(b)(i)

no person has a casting vote; and

s.13A(5)(b)(ii)

the CCA must be regarded as having disagreed to the question that the decision should be made.

s.13A(6)

Subsections (1) to (5) are subject to provision made in any other enactment (whenever passed or made).

s.13A(7)

That includes regulations under this Chapter or under Schedule 27 to the English Devolution and Community Empowerment Act 2026.

s.13A(8)

In this section “voting member” means—

s.13A(8)(a)

in relation to a decision of a non-mayoral CCA—

s.13A(8)(a)(i)

a person appointed by a constituent council to be a member of the CCA (a “constituent member”) or a person acting as a member of the CCA in the absence of the constituent member, and

s.13A(8)(a)(ii)

a non-constituent member (within the meaning of section 11) who is a voting member in relation to the decision by virtue of a resolution under section 11(4) or a person acting as a member of the CCA in the absence of the non-constituent member;

s.13A(8)(b)

in relation to a decision of a mayoral CCA—

s.13A(8)(b)(i)

a person appointed by a constituent council to be a member of the CCA (a “constituent member”) or a person acting as a member of the CCA in the absence of the constituent member,

s.13A(8)(b)(ii)

a non-constituent member (within the meaning of section 11) who is a voting member in relation to the decision by virtue of a resolution under section 11(4) or a person acting as a member of the CCA in the absence of the non-constituent member, and

s.13A(8)(b)(iii)

the mayor, or the deputy mayor acting in place of the mayor.

s.13B

Validity of proceedings

s.13B(1)

The proceedings of a CCA are not invalidated—

s.13B(1)(a)

by any vacancy—

s.13B(1)(a)(i)

among its members or substitute members, or

s.13B(1)(a)(ii)

(in the case of a mayoral CCA) in the office of deputy mayor, or

s.13B(1)(b)

by any defect in the appointment or qualifications of—

s.13B(1)(b)(i)

any member or substitute member, or

s.13B(1)(b)(ii)

(in the case of a mayoral CCA) of the deputy mayor.

s.13B(2)

In this section “substitute member” means a person appointed to act as a member in the absence of another member.

s.14

Review of CCA’s constitutional arrangements

s.14(1)

This section applies if regulations under section 10(1) (constitution of CCA) enable a CCA to make provision about its constitution (“constitutional provision”).

s.14(2)

An appropriate person may carry out a review of the CCA’s constitutional provision if—

s.14(2)(a)

an appropriate person proposes a review, and

s.14(2)(b)

the CCA consents to the review.

s.14(3)

If an appropriate person carries out a review under subsection (2), they may propose changes to the CCA’s constitutional provision as a result of the review for agreement by the CCA.

s.14(4)

The question of whether to consent under subsection (2)(b) or to agree to changes proposed under subsection (3) is to be decided at a meeting of the CCA by a simple majority of the voting members of the CCA who are present at the meeting.

s.14(5)

In the case of a mayoral CCA—

s.14(5)(a)

a majority in favour of consenting under subsection (2)(b) does not need to include the mayor, but

s.14(5)(b)

a majority in favour of changes proposed under subsection (3) must include the mayor.

s.14(6)

The reference in subsection (4) to a voting member—

s.14(6)(a)

includes a substitute member who may act in place of a voting member;

s.14(6)(b)

does not include a non-constituent member.

s.14(7)

In this section “appropriate person”, in relation to a CCA, means—

s.14(7)(a)

a member of the CCA appointed by a constituent council, or

s.14(7)(b)

the mayor for the area of the CCA, if it is a mayoral CCA (see section 27(8)).

s.15

Overview and scrutiny committees

s.15(1)

Schedule 1 makes provision for CCAs to have overview and scrutiny committees and audit committees.

s.15(2)

Provision made by regulations under section 10(1) is subject to that Schedule.

s.16

Funding

s.16(1)

The Secretary of State may by regulations make provision—

s.16(1)(a)

for the costs of a CCA to be met by its constituent councils, and

s.16(1)(b)

about the basis on which the amount payable by each constituent council is to be determined.

s.16(2)

Regulations under subsection (1) may be made in relation to an existing CCA only with the consent of—

s.16(2)(a)

the constituent councils, and

s.16(2)(b)

... the CCA.

s.16(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).

s.16(3)

Subsection (1) is subject to regulations under section 13(1) (CCA membership).

s.17

Change of name

s.17(1)

A CCA may, by a resolution in relation to which the requirements mentioned in subsection (2) are met, change the name by which it is known.

s.17(2)

The requirements are—

s.17(2)(a)

that the resolution is considered at a meeting of the CCA which is specially convened for the purpose,

s.17(2)(b)

that particulars of the resolution were included in the notice of the meeting, and

s.17(2)(c)

that the resolution is passed at the meeting by not less than two-thirds of the members of the CCA who vote on it.

s.17(3)

A CCA which changes its name under this section must—

s.17(3)(a)

send notice of the change to the Secretary of State, and

s.17(3)(b)

publish the notice in such manner as the Secretary of State may direct.

s.17(4)

A change of name under this section does not affect the rights or obligations of the CCA concerned or any other person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

s.17A

The functions of CCAs

A CCA has the functions that are conferred by—

s.17A(a)

this Chapter or any regulations under this Chapter,

s.17A(b)

any regulations under Schedule 27 to the English Devolution and Community Empowerment Act 2026, or

s.17A(c)

any other enactment (whenever passed or made).

Ch.1(crossheading)(collaboration)

Collaboration

s.17B

Mayoral power to convene meetings with local partners

s.17B(1)

The mayor for the area of a CCA may convene meetings with local partners to consider relevant local matters.

s.17B(2)

In exercising the function of convening meetings, a mayor must have regard to any guidance issued for this purpose by the Secretary of State.

s.17B(3)

If a mayor notifies a local partner that the mayor intends to convene a meeting under this section with that local partner, the local partner must respond to the notification.

s.17B(4)

In responding to a notification given by a mayor, a local partner must have regard to any guidance issued for this purpose by the Secretary of State.

s.17B(5)

In this section—

s.17C

Request to collaborate

s.17C(1)

The mayor for the area of a CCA (“mayor A”) may make a request to another elected mayor (“mayor B”) for the mayors to collaborate in relation to a matter relating to any aspect of any area of competence.

s.17C(2)

A collaboration request must specify—

s.17C(2)(a)

the matter on which mayor A wants the mayors to collaborate, and

s.17C(2)(b)

the way in which mayor A wants the mayors to collaborate.

s.17C(3)

Mayor A may make a collaboration request only if mayor A considers that the requested collaboration would be likely to improve the economic, social or environmental well-being of—

s.17C(3)(a)

some or all of the people who live or work in mayor A’s area, or

s.17C(3)(b)

some or all of the people who live or work in mayor A’s area and some or all of the people who live or work in mayor B’s area.

s.17C(4)

Mayor A may make a collaboration request only if mayor A’s area adjoins mayor B’s area.

s.17C(5)

A collaboration request must be in writing.

s.17C(6)

Mayor A must publish, in such manner as the mayor thinks appropriate, any collaboration request which the mayor makes.

s.17C(7)

The mayors for the areas of CCAs must have regard to any guidance issued by the Secretary of State in exercising powers, and complying with duties, under this section.

s.17C(8)

Section 17E makes provision about collaboration requests made by, or to, two or more elected mayors.

s.17C(9)

In this section, section 17D and section 17E—

s.17D

Responding to a collaboration request

s.17D(1)

In a case where a collaboration request is made to mayor B, the mayor must—

s.17D(1)(a)

consider the collaboration request and decide how to respond,

s.17D(1)(b)

set out the response in writing,

s.17D(1)(c)

give the response to mayor A, and

s.17D(1)(d)

publish, in such manner as the mayor thinks appropriate, the response.

s.17D(2)

In considering the collaboration request and deciding how to respond, mayor B must have regard to the economic, social and environmental well-being of some or all of the people who live or work in mayor B’s area.

s.17D(3)

If mayor B decides not to agree to the collaboration request, or any part of it, mayor B must—

s.17D(3)(a)

give the reasons for that decision, and

s.17D(3)(b)

include the reasons in the response to mayor A.

s.17D(4)

Mayors to whom collaboration requests are made must have regard to any guidance issued by the Secretary of State in exercising the powers, and complying with the duties, under this section.

s.17E

Collaboration requests made by or to several mayors

s.17E(1)

Two or more elected mayors (the “requesting mayors”) may make a collaboration request to a single elected mayor (the “potential collaborating mayor”) if—

s.17E(1)(a)

at least one of the requesting mayors is the mayor for the area of a CCA, and

s.17E(1)(b)

each requesting mayor’s area meets the neighbour test.

s.17E(2)

For that purpose, a requesting mayor’s area meets the neighbour test if that area—

s.17E(2)(a)

adjoins every other requesting mayor’s area, and

s.17E(2)(b)

adjoins the potential collaborating mayor’s area.

s.17E(3)

If two or more elected mayors make a collaboration request to a single elected mayor—

s.17E(3)(a)

sections 17C and 17D apply in relation to each of the requesting mayors separately, and

s.17E(3)(b)

accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor.

s.17E(4)

A single mayor for the area of a CCA (the “requesting mayor”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if each potential collaborating mayor’s area meets the neighbour test.

s.17E(5)

For that purpose, a potential collaborating mayor’s area meets the neighbour test if that area adjoins the requesting mayor’s area.

s.17E(6)

If a single mayor for the area of a CCA makes a collaboration request to two or more elected mayors—

s.17E(6)(a)

sections 17C and 17D apply in relation to each of the potential collaborating mayors separately, and

s.17E(6)(b)

accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.

s.17E(7)

Two or more elected mayors (the “requesting mayors”) may make a collaboration request to two or more elected mayors (the “potential collaborating mayors”) if—

s.17E(7)(a)

at least one of the requesting mayors is the mayor for the area of a CCA,

s.17E(7)(b)

each requesting mayor’s area meets the neighbour test, and

s.17E(7)(c)

each potential collaborating mayor’s area meets the neighbour test.

s.17E(8)

For the purposes of subsection (7), a requesting mayor’s area meets the neighbour test if that area—

s.17E(8)(a)

adjoins every other requesting mayor’s area, and

s.17E(8)(b)

adjoins every potential collaborating mayor’s area.

s.17E(9)

For the purposes of subsection (7), a potential collaborating mayor’s area meets the neighbour test if that area adjoins every requesting mayor’s area.

s.17E(10)

If two or more elected mayors make a collaboration request to two or more elected mayors—

s.17E(10)(a)

sections 17C and 17D apply in relation to each of the requesting mayors separately, and

s.17E(10)(b)

accordingly, in the application of those sections in relation to a particular requesting mayor, “mayor A” means that mayor;

s.17E(10)(c)

sections 17C and 17D apply in relation to each of the potential collaborating mayors separately, and

s.17E(10)(d)

accordingly, in the application of those sections in relation to a particular potential collaborating mayor, “mayor B” means that mayor.

s.17E(11)

In this section—

Pt.2 Ch.1(crossheading)(functions)(of)(ccas)

Functions of CCAs

s.18

Local authority functions

s.18(1)

The Secretary of State may by regulations provide for a function of a county council or a district council that is exercisable in relation to an area which is within a CCA’s area to be exercisable by the CCA in relation to the CCA’s area.

s.18(2)

The Secretary of State may make regulations under subsection (1) only if the Secretary of State considers that the function can appropriately be exercised by the CCA.

s.18(3)

Regulations under subsection (1) may make provision for the function to be exercisable by the CCA either generally or subject to such conditions or limitations as may be specified in the regulations.

s.18(4)

Regulations under subsection (1) which provide for a function of a county council or a unitary district council to be exercisable by a CCA may make provision for the function to be exercisable by the CCA instead of by the county council or unitary district council.

s.18(5)

Regulations under subsection (1) which provide for a function of a county council or a district council to be exercisable by a CCA may make provision—

s.18(5)(a)

for the function to be exercisable by the CCA concurrently with the county council or district council,

s.18(5)(b)

for the function to be exercisable by the CCA and the county council or district council jointly, or

s.18(5)(c)

for the function to be exercisable by the CCA jointly with the county council or district council but also continue to be exercisable by the council alone.

s.18(6)

Regulations under subsection (1) may be made in relation to an existing CCA only with the consent of—

s.18(6)(a)

the constituent councils, and

s.18(6)(b)

... the CCA.

s.18(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).

s.19

Other public authority functions

s.19(1)

The Secretary of State may by regulations—

s.19(1)(a)

make provision for a function of a public authority that is exercisable in relation to a CCA’s area to be a function of the CCA;

s.19(1)(b)

make provision for conferring on a CCA in relation to its area a function corresponding to a function that a public authority has in relation to another area.

s.19(2)

Regulations under subsection (1) may include further provision about the exercise of the function including—

s.19(2)(a)

provision for the function to be exercisable by the public authority or CCA subject to conditions or limitations specified in the regulations;

s.19(2)(b)

provision as to joint working arrangements between the CCA and public authority in connection with the function (for example, provision for the function to be exercised by a joint committee).

s.19(3)

The provision that may be included in regulations under subsection (1)(a) includes, in particular, provision—

s.19(3)(a)

for the CCA to have the function instead of the public authority,

s.19(3)(b)

for the function to be exercisable by the CCA concurrently with the public authority,

s.19(3)(c)

for the function to be exercisable by the CCA and the public authority jointly, or

s.19(3)(d)

for the function to be exercisable by the CCA jointly with the public authority but also continue to be exercisable by the public authority alone.

s.19(4)

Regulations under subsection (1)(a) may, in particular, include provision to abolish the public authority in a case where, as a result of the regulations, it will no longer have any functions.

s.19(5)

Regulations under subsection (1) may not provide for a regulatory function that is exercisable by a public authority in relation to the whole of England to be exercisable by a CCA in relation to its area if the regulated function is itself exercisable by the CCA by virtue of regulations under this section.

s.19(6)

Subsection (7) applies where regulations under subsection (1) contain a reference to a document specified or described in the regulations (for example, in imposing a condition by virtue of subsection (2)(a) for an authority to have regard to, or to comply with, a statement of policy or standards set out in the document).

s.19(7)

If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed— the regulations may make express provision to that effect.

s.19(7)(a)

as a reference to that document as amended from time to time, or

s.19(7)(b)

as including a reference to a subsequent document that replaces that document,

s.19(8)

See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.

s.19(9)

In this section—

s.20

Section 19 regulations: procedure

s.20(1)

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

s.20(1)(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

s.20(1)(b)

the appropriate authorities consent.

s.20(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.20(3)

The requirements in subsection (1) do not apply where the regulations are made under sections 19(1) and 30(1) in relation to an existing mayoral CCA and provide for a function— See section 31 in relation to regulations of this kind.

s.20(3)(a)

to be a function of the CCA, and

s.20(3)(b)

to be a function exercisable only by the mayor.

s.20(4)

The requirement in subsection (1)(b) for the appropriate authorities to consent to the making of regulations under section 19(1) does not apply where—

s.20(4)(a)

the regulations revoke (in whole or in part), or otherwise amend, previous regulations under section 19(1), and

s.20(4)(b)

the only purpose of the regulations is to provide for a health service function of a CCA to cease to be exercisable by the CCA.

s.20(5)

In subsection (4)(b) “health service function of a CCA” means a function which—

s.20(5)(a)

relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and

s.20(5)(b)

is exercisable by the CCA by virtue of regulations under section 19(1).

s.20(6)

At the same time as laying a draft of a statutory instrument containing regulations under section 19(1) before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.

s.20(7)

The report must include—

s.20(7)(a)

a description of any consultation taken into account by the Secretary of State,

s.20(7)(b)

information about any representations considered by the Secretary of State in connection with the regulations, and

s.20(7)(c)

any other evidence or contextual information that the Secretary of State considers it appropriate to include.

s.20(8)

For the purposes of this section “the appropriate authorities” are—

s.20(8)(a)

each constituent council, and

s.20(8)(b)

... the CCA.

s.21

Integrated Transport Authority and Passenger Transport Executive

s.21(1)

The Secretary of State may by regulations transfer functions of an Integrated Transport Authority (an “ITA”) to a CCA.

s.21(2)

Regulations under subsection (1) may only be made in relation to functions exercisable by the ITA in relation to an area that becomes, or becomes part of, the CCA’s area by virtue of regulations under this Chapter.

s.21(3)

The Secretary of State may by regulations provide for any function that is conferred or imposed on a Passenger Transport Executive by any enactment (whenever passed or made) to be exercisable by a CCA or the executive body of a CCA in relation to the CCA’s area.

s.21(4)

Regulations under subsection (3) may make provision for any function that— to be exercisable by a CCA in relation to the CCA’s area.

s.21(4)(a)

is conferred or imposed on an ITA by any enactment (whenever passed or made), and

s.21(4)(b)

relates to the functions of a Passenger Transport Executive,

s.21(5)

Regulations under this section may be made in relation to an existing CCA only with the consent of—

s.21(5)(a)

the constituent councils, and

s.21(5)(b)

... the CCA.

s.21(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).

s.22

Highways and traffic functions: regulations conferring power to give directions

s.22(1)

The Secretary of State may by regulations—

s.22(1)(a)

confer on a non-mayoral CCA a power to give a direction about the exercise of an eligible power;

s.22(1)(b)

confer on a mayoral CCA a power to give a direction about the exercise of an eligible power in relation to roads that are not key route network roads (see section 24).

s.22(2)

An “eligible power” means a power of a county council or a unitary district council which the council has—

s.22(2)(a)

as highway authority by virtue of section 1 of the Highways Act 1980, or

s.22(2)(b)

as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984.

s.22(3)

In this section references to a power do not include a reference to a duty.

s.22(4)

A power of direction under this section must relate only to the exercise of an eligible power in—

s.22(4)(a)

the area of the CCA, and

s.22(4)(b)

the area of the authority subject to the direction.

s.22(5)

A power of direction under this section must relate only to the exercise of an eligible power in respect of—

s.22(5)(a)

a particular road (whether or not specified in the regulations), or

s.22(5)(b)

a description of road (whether or not specified in the regulations).

s.22(6)

In subsection (5) “road”—

s.22(6)(a)

in the case of a power of direction under subsection (1)(a), has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984;

s.22(6)(b)

in the case of a power of direction under subsection (1)(b), means a road that is not a key route network road;

s.22(6)(c)

in either case, does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991.

s.22(7)

A power of direction under this section must relate only to any one or more of—

s.22(7)(a)

the provision of information about the exercise of an eligible power which the authority subject to the direction has or might reasonably be expected to acquire;

s.22(7)(b)

the imposition on such an authority of requirements relating to procedures to be followed prior to the exercise of an eligible power;

s.22(7)(c)

the imposition on such an authority of requirements relating to the obtaining of consent prior to the exercise of an eligible power;

s.22(7)(d)

the imposition on such an authority of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised);

s.22(7)(e)

a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions);

s.22(7)(f)

a prohibition on the exercise of an eligible power.

s.22(8)

A power of direction under this section may be conferred subject to conditions.

s.22(9)

Any direction given by virtue of this section—

s.22(9)(a)

must be given in writing and may be varied or revoked by a further direction in writing, and

s.22(9)(b)

may make different provision for different cases and different provision for different areas.

s.22(9A)

Before giving a direction under this section, a mayor or CCA must have regard to the following—

s.22(9A)(a)

the network management duty imposed by section 16 of the Traffic Management Act 2004;

s.22(9A)(b)

the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty);

s.22(9A)(c)

any guidance issued under section 18 of that Act;

s.22(9A)(d)

any guidance issued under section 55 of this Act.

s.22(9B)

On the day on which a mayor or CCA gives a direction under this section, the mayor or CCA must publish a copy of the direction in such manner as the mayor or CCA considers appropriate.

s.22(9C)

If a mayor of a CCA gives a direction under this section, the mayor must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction). In a case where works are carried out in complying with the direction, the costs are those incurred to carry out those works or during the period that ends 12 months after completion of those works.

s.22(10)

If regulations under subsection (1) make provision for a direction by virtue of subsection (7)(e), the regulations must make provision for the direction not to have effect unless the CCA meets the cost of complying with the direction.

s.22(11)

Regulations under subsection (1) may be made in relation to an existing CCA only with the consent of—;

s.22(11)(a)

the constituent councils, and

s.22(11)(b)

... the CCA.

s.22(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).

s.23

Contravention of regulations under section 22

s.23(1)

Regulations under section 22(1) may provide that, if an authority exercises any power in contravention of a direction under such regulations, the CCA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.

s.23(2)

For the purposes of subsection (1), the CCA has power to exercise any power of the authority subject to the direction on behalf of that authority.

s.23(3)

Any reasonable expenses incurred by the CCA in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt.

s.23A

Highways and traffic functions: directions by mayors

s.23A(1)

A mayoral CCA may give a direction about the exercise of— in respect of a particular key route network road or a description of roads which are all key route network roads.

s.23A(1)(a)

an eligible power, or

s.23A(1)(b)

a street authority or permit authority power,

s.23A(2)

The power under this section to give a direction is exercisable only by the mayor for the area of a CCA on behalf of the CCA.

s.23A(3)

A direction under this section must relate only to the exercise of a relevant power—

s.23A(3)(a)

by a constituent council of the CCA, and

s.23A(3)(b)

in—

s.23A(3)(b)(i)

the area of the CCA, and

s.23A(3)(b)(ii)

the area of the constituent council.

s.23A(4)

Any direction given by virtue of this section—

s.23A(4)(a)

must be given in writing and may be varied or revoked by a further direction in writing, and

s.23A(4)(b)

may make different provision for different cases and different provision for different areas.

s.23A(5)

Before giving a direction under this section, a mayor must have regard to the following—

s.23A(5)(a)

the network management duty imposed by section 16 of the Traffic Management Act 2004;

s.23A(5)(b)

the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty);

s.23A(5)(c)

any guidance issued under section 18 of that Act;

s.23A(5)(d)

any guidance issued under section 55 of this Act.

s.23A(6)

On the day on which a mayor gives a direction under this section, the mayor must publish a copy of the direction in such manner as the mayor considers appropriate.

s.23A(7)

A mayor who gives a direction under this section must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).

s.23A(8)

In a case where works are carried out in complying with the direction, the costs of the works are those incurred—

s.23A(8)(a)

before or while carrying out the works, or

s.23A(8)(b)

during the period that ends 12 months after completion of the works.

s.23A(9)

In this section—

s.23B

Contraventions of section 23A

s.23B(1)

If an authority exercises any power in contravention of a direction under section 23A, the CCA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.

s.23B(2)

For the purposes of subsection (1), the CCA has power to exercise any power of the authority subject to the direction on behalf of that authority.

s.23B(3)

Any reasonable expenses incurred by the CCA in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt.

s.24

Designation of key route network roads

s.24(1)

A CCA has the power to—

s.24(1)(a)

designate a highway or proposed highway in its area as a key route network road, or

s.24(1)(b)

remove its designation as a key route network road.

s.24(1A)

In the case of a mayoral CCA—

s.24(1A)(a)

that power is a power of the CCA exercisable only by the mayor on behalf of the CCA;

s.24(1A)(b)

the mayor may not designate a highway or proposed highway unless—

s.24(1A)(b)(i)

the mayor has prepared a proposal to designate it (a “proposed designation”), and

s.24(1A)(b)(ii)

the CCA has passed a resolution approving the proposed designation;

s.24(1A)(c)

if there is no highway or proposed highway in the CCA’s area that is designated as a key route network road, the mayor must prepare a proposed designation in relation to at least one highway or proposed highway.

s.24(1B)

In the case of a non-mayoral CCA, the CCA may only exercise that power with the consent of each constituent council in whose area the highway or proposed highway is.

s.24(2)

The Secretary of State may designate a highway or proposed highway in the area of a CCA as a key route network road, or remove its designation as a key route network road, if requested to do so by—

s.24(2)(e)

the mayor of a CCA, in the case of a mayoral CCA;

s.24(2)(e~1)

the CCA or a constituent council, in the case of a non-mayoral CCA.

s.24(3)

A designation or removal under this section must be in writing and must state when it comes into effect.

s.24(4)

The Secretary of State must send a copy of a designation or removal under subsection (2) to the CCA in question at least 7 days before the date on which it comes into effect.

s.24(5)

A CCA must maintain, and publish on its website, a record of the roads in its area which are key route network roads.

s.24(6)

A CCA that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.

s.24(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.24(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.24(9)

In this section—

s.24A

Health improvement and health inequalities duty

s.24A(1)

When considering whether or how to exercise any of its functions, a CCA must have regard to the need to—

s.24A(1)(a)

improve the health of persons in the CCA’s area, and

s.24A(1)(b)

reduce health inequalities between persons living in the CCA’s area.

s.24A(2)

When considering whether or how to exercise any function, the mayor for the area of a CCA must have regard to the considerations set out in subsection (1).

s.24A(3)

Health inequalities “between persons” living in an area means health inequalities between persons, or persons of different descriptions, living in, or in different parts of, an area.

s.24A(4)

“Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants.

s.24A(5)

“General health determinants” are— and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.

s.24A(5)(a)

standards of housing, transport services or public safety,

s.24A(5)(b)

environmental factors, including air quality and access to green space and bodies of water,

s.24A(5)(c)

employment prospects, earning capacity and any other matters that affect levels of prosperity,

s.24A(5)(d)

the degree of ease or difficulty with which persons have access to public services,

s.24A(5)(e)

the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health,

s.24A(6)

In subsection (1)(a) above, the reference to improving the health of persons includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of a CCA’s function.

s.24A(7)

In subsection (1)(b) above, the reference to reducing health inequalities includes a reference to mitigating any increase in health inequalities which would otherwise be occasioned by the exercise of a CCA’s function.

s.24B

Co-operation with local government pension scheme managers

s.24B(1)

This section applies where a scheme manager is responsible for managing and administering part of a scheme for local government workers in England and Wales in relation to a current employee of— in connection with that employment.

s.24B(1)(a)

a constituent council of a CCA, or

s.24B(1)(b)

a district council which is not a constituent council where any part of the area of the council falls within the area of a CCA,

s.24B(2)

The CCA must cooperate with the scheme manager to identify and develop investment opportunities appropriate to the pension fund that the scheme manager maintains for its part of the scheme.

s.24B(3)

Where the scheme manager participates in an asset pool company, the CCA may fulfil its duty to co-operate with the scheme manager under subsection (2) by co-operating with—

s.24B(3)(a)

the scheme manager,

s.24B(3)(b)

the asset pool company, or

s.24B(3)(c)

both the scheme manager and the asset pool company.

s.24B(4)

A scheme manager participates in an asset pool company by—

s.24B(4)(a)

being a shareholder of the company,

s.24B(4)(b)

being a shareholder in another company which is the only shareholder of the company, or

s.24B(4)(c)

contracting with the company for it to manage the funds and other assets for which the scheme manager is responsible.

s.24B(5)

In this section—

s.24C

Powers not limited by other provision or powers

s.24C(1)

This section applies to a power under this Chapter to make subordinate legislation (the “SI-making power”) and a CCA if conditions A and B are met.

s.24C(2)

Condition A: the SI-making power confers power to make provision about a particular function or other matter (the “relevant function or matter”) in relation to the CCA.

s.24C(3)

Condition B: provision about the relevant function or matter which relates to the CCA— (whether or not that provision also relates to any other CCAs).

s.24C(3)(a)

is made by an enactment (whenever passed or made) that is not subordinate legislation made under this Chapter (the “separate provision”), or

s.24C(3)(b)

could be made under a power conferred by an enactment that is not contained in this Chapter (the “separate power”),

s.24C(4)

The separate provision or separate power does not limit the subordinate legislation that may be made under the SI-making power in relation to the CCA.

s.24C(5)

In particular, the separate provision or separate power does not prevent subordinate legislation under the SI-making power from—

s.24C(5)(a)

making provision about the relevant function or matter in relation to the CCA which is to apply instead of the separate provision;

s.24C(5)(b)

making modifications or other contrary provision to which the separate provision is to be subject in its application in relation to the CCA.

s.24C(6)

Subsection (4) applies to provision made under the SI-making power before or after the coming into force of this section.

s.24D

Non-mayoral CCA: consent to budget

s.24D(1)

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

s.24D(1)(a)

adopt or amend the CCA’s budget;

s.24D(1)(b)

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

s.24D(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.

s.24E

Non-mayoral CCA: functions imposing financial liability

s.24E(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”).

s.24E(2)

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

s.24E(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.

Pt.2 Ch.1(crossheading)(changes)(to)(ccas)

Changes to CCAs

s.25

Changes to boundaries of a CCA’s area

s.25(1)

The Secretary of State may by regulations change the boundaries of a CCA’s area by—

s.25(1)(a)

adding a relevant local government area to an existing area of a CCA, or

s.25(1)(b)

removing a relevant local government area from an existing area of a CCA.

s.25(2)

In this section “relevant local government area” means—

s.25(2)(a)

the area of a two-tier county council,

s.25(2)(b)

the area of a unitary county council, or

s.25(2)(c)

the area of a unitary district council.

s.25(3)

Regulations under subsection (1)(b)—

s.25(3)(a)

may transfer functions relating to the relevant local government area from the CCA to any other public authority;

s.25(3)(b)

may provide for any function of the CCA relating to the area to be no longer exercisable in relation to that area.

s.25(4)

In subsection (3)(a) “public authority” includes—

s.25(4)(a)

a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975,

s.25(4)(b)

a government department,

s.25(4)(c)

a county council, and

s.25(4)(d)

a district council.

s.25(5)

Regulations may be made under subsection (1) only if the area to be created by the regulations meets conditions A and B in section 9.

s.25(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.25(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.25(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.25(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.25(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.25(11)

Subsection (12) applies if a CCA has made provision about its constitution under regulations under section 10(1).

s.25(12)

A decision about any change to that provision as a result of regulations under subsection (1) is to be decided at a meeting of the CCA by a simple majority of the voting members of the CCA who are present at the meeting.

s.25(13)

A reference in this section to a voting member—

s.25(13)(a)

includes a substitute member who may act in place of a voting member;

s.25(13)(b)

does not include a non-constituent member.

s.25A

Designation as an established mayoral strategic authority

s.25A(1)

The Secretary of State may, by regulations, designate a mayoral CCA as an established mayoral strategic authority.

s.25A(2)

The Secretary of State may not designate a mayoral CCA unless the mayoral CCA has submitted to the Secretary of State a written proposal to be designated (the “designation proposal”).

s.25A(3)

The designation proposal must identify—

s.25A(3)(a)

any provision—

s.25A(3)(a)(i)

that applies in relation to the mayoral CCA,

s.25A(3)(a)(ii)

that would not be of general application to the mayoral CCA if designated, and

s.25A(3)(a)(iii)

which the mayoral CCA would like to continue to apply in relation to it if designated;

s.25A(3)(b)

any provision—

s.25A(3)(b)(i)

that does not apply in relation to the mayoral CCA,

s.25A(3)(b)(ii)

that would not be of general application to the mayoral CCA, if designated, and

s.25A(3)(b)(iii)

which the mayoral CCA would like the Secretary of State to make (using a power conferred by this Chapter or otherwise) so as to apply in relation to it, if designated.

s.25A(4)

If the Secretary of State decides not to designate the mayoral CCA, the Secretary of State must notify the authority in writing of the reasons for the decision.

s.25A(5)

If the Secretary of State decides not to designate the mayoral CCA, that mayoral CCA may not be designated unless another written proposal to be designated is submitted in accordance with this section.

s.25A(6)

A Minister of the Crown must not exercise any power to make subordinate legislation (whenever conferred) so as to cause a mayoral CCA to cease to be an established mayoral strategic authority.

s.25A(7)

That does not limit the making of provision that is— the abolition or merger of an established mayoral strategic authority (whether the abolition or merger is provided for in secondary legislation or an Act of Parliament).

s.25A(7)(a)

in consequence of, or

s.25A(7)(b)

otherwise in connection with,

s.25A(8)

For the purposes of this section provision would be “of general application to a mayoral CCA if designated” if the provision is contained in an enactment and applies in relation to—

s.25A(8)(a)

all established mayoral strategic authorities, or

s.25A(8)(b)

a class of established mayoral strategic authorities which would include the mayoral CCA if designated.

s.26

Dissolution of a CCA’s area

s.26(1)

The Secretary of State may by regulations—

s.26(1)(a)

dissolve a CCA’s area, and

s.26(1)(b)

abolish the CCA for that area.

s.26(2)

Regulations under subsection (1)—

s.26(2)(a)

may transfer functions from the CCA to any other public authority;

s.26(2)(b)

may provide for any function of the CCA to be no longer exercisable in relation to the CCA’s area.

s.26(3)

In subsection (2)(a) “public authority” includes—

s.26(3)(a)

a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975,

s.26(3)(b)

a government department,

s.26(3)(c)

a county council, and

s.26(3)(d)

a district council.

s.26(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pt.2 Ch.1(crossheading)(mayors)(for)(cca)(areas)

Mayors for CCA areas

s.27

Power to provide for election of mayor

s.27(1)

The Secretary of State may by regulations provide for there to be a mayor for the area of a CCA.