Levelling-up and Regeneration Act 2023

35 Section 34 regulations: procedure E+W

(1) Regulations under section 34(2) may be made in relation to the mayor for the area of a CCA only if the mayor has requested the Secretary of State to make the regulations.

(2) A request under subsection (1) must be accompanied by a report which contains—

(a) an assessment of why—

(i) it is in the interests of economy, efficiency and effectiveness for the regulations to be made, or

(ii) it is in the interests of public safety for the regulations to be made,

(b) a description of any public consultation which the mayor has carried out on the proposal for the regulations to be made,

(c) a summary of the responses to any such consultation, and

(d) a summary of the representations (if any) which the mayor has received about that proposal from the constituent members of the CCA.

(3) Before making the request the mayor must publish, in such manner as the mayor thinks appropriate, the mayor’s response to the representations made or views expressed in response to any consultations on the proposal.

(4) Subsections (5) to (7) apply if—

(a) the mayor for the area of a CCA makes a request under subsection (1) for the Secretary of State to make regulations under section 34(2), and

(b) at least two thirds of the constituent members of the CCA have indicated that they disagree with the proposal for the regulations to be made.

(5) The mayor must, in providing the report under subsection (2), provide the Secretary of State with—

(a) copies of the representations (if any) made by the constituent members of the CCA about that proposal, and

(b) the mayor’s response to those representations and to the responses to any public consultation which the mayor has carried out on that proposal.

(6) The Secretary of State must—

(a) obtain an independent assessment of that proposal, and

(b) in deciding whether to make the regulations, have regard to that assessment and to the material provided under subsection (5) (as well as the material provided under subsection (2)).

(7) The Secretary of State must publish the independent assessment—

(a) as soon as is reasonably practicable after making a determination in response to the proposal, and

(b) in such manner as the Secretary of State thinks appropriate.

(8) Regulations under section 34(2) may be made only if it appears to the Secretary of State that—

(a) it is in the interests of economy, efficiency and effectiveness for the regulations to be made, or

(b) it is in the interests of public safety for the regulations to be made.

(9) The Secretary of State may not make regulations under section 34(2) in a case within subsection (8)(a) of this section if the Secretary of State thinks that the regulations would have an adverse effect on public safety.

(10) The Secretary of State may, in making regulations under section 34(2) in relation to the mayor for the area of a CCA, give effect to the mayor’s proposal for the regulations with such modifications as the Secretary of State thinks appropriate.

(11) Before making regulations which give effect to such a proposal with modifications, the Secretary of State must consult the mayor and the CCA on the modifications.

(12) In this section “constituent member”, in relation to a CCA, means a member of the CCA appointed by a constituent council (but does not include the mayor for the area of the CCA).

Commencement Information

I1 S. 35 in force at 26.12.2023, see s. 255(2)(c)