http://www.legislation.gov.uk/id/ukpga/2023/55

Part 2Local democracy and devolution

Chapter 1Combined county authorities

CCAs and their areas

I359Combined county authorities and their areas

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.

2

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

a

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

b

the whole of one or more of—

i

the area of a two-tier county council,

ii

the area of a unitary county council, or

iii

the area of a unitary district council.

3

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

a

the area of another CCA,

b

the area of a combined authority, or

c

the integrated transport area of an Integrated Transport Authority.

4

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

5

In this Chapter—

“combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;
“economic prosperity board” means an economic prosperity board established under section 88(1) of that Act;
“Integrated Transport Authority” means an Integrated Transport Authority for an integrated transport area;
“two-tier county council” means a county council whose area includes the areas of district councils;
“unitary county council” means a county council whose area does not include the areas of district councils;
“unitary district council” means a district council whose area does not form part of the area of a county council.

ii

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

iii

b

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

I3711Non-constituent members of a CCA

1

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

2

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

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”).

4

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

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.

I3812Associate members of a CCA

1

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

2

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

I3913Regulations about members

1

The Secretary of State may by regulations make provision about—

a

constituent members of a CCA;

b

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

c

nominating bodies of a CCA;

d

non-constituent members of a CCA;

e

associate members of a CCA.

2

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

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;

b

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

c

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

d

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

e

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

f

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

g

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

h

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

i

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

j

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

k

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

l

the maximum number of associate members of a CCA;

m

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

3

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

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.

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

I4115Overview and scrutiny committees

1

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

2

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

I4216Funding

1

The Secretary of State may by regulations make provision—

a

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

b

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

2

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

a

the constituent councils, and

b

in the case of regulations in relation to an existing CCA, the CCA.

3

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

the constituent councils, and

b

in the case of regulations in relation to an existing CCA, the CCA.

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

b

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

the regulations may make express provision to that effect.

8

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

9

In this section—

“function” (except in subsection (4)) does not include a power to make regulations or other instruments of a legislative character;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“public authority”—
1. a
  includes a Minister of the Crown or a government department;
2. b
  does not include a county council or a district council;
“regulated function” means the function of carrying out an activity to which a regulatory function relates;
“regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006.

I4620Section 19 regulations: procedure

1

The Secretary of State may make regulations under section 19 (1) only if—

a

a proposal for the making of the regulations in relation to the CCA has been made to the Secretary of State—

i

as part of a proposal under section 45, or

ii

in accordance with section 47, or

b

the appropriate consent is given and the Secretary of State considers that the making of the regulations is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area or areas to which the regulations relate.

2

For the purposes of subsection (1)(b), the appropriate consent is given to the making of regulations under section 19 (1) only if—

a

in the case of regulations relating to an existing CCA, each appropriate authority consents;

b

in any other case, each constituent council consents.

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—

a

to be a function of the CCA, and

b

I4721Integrated Transport Authority and Passenger Transport Executive

1

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

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.

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.

4

Regulations under subsection (3) may make provision for any function that—

a

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

b

relates to the functions of a Passenger Transport Executive,

to be exercisable by a CCA in relation to the CCA’s area.

5

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

a

the constituent councils, and

b

in the case of regulations in relation to an existing CCA, the CCA.

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.

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.

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.

is made with the consent of the mayor after the mayor has consulted the constituent councils.

8

When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—

a

a statement by the mayor that all of the constituent councils agree to the making of the regulations, or

b

if the mayor is unable to make that statement, the reasons why the mayor considers the regulations should be made even though not all of the constituent councils agree to them being made.

9

In this section—

“eligible power” has the meaning given by section 22 (2);
“key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;
“proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.

Regulations may be made under subsection (1) only if—

a

a majority of the constituent councils consent to the making of the regulations, and

b

in the case of regulations made in relation to a mayoral CCA, the mayor for the area of the CCA also consents to the making of the regulations.

Mayors for CCA areas

I127Power to provide for election of mayor

1

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

2

A mayor for the area of a CCA is to be elected by the local government electors for that area in accordance with provision made by or under this Chapter.

3

In subsection (2) “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972.

4

Schedule 2 makes further provision about the election of mayors for areas of CCAs.

5

A mayor for the area of a CCA is entitled to the style of “mayor”.

6

A mayor for the area of a CCA is by virtue of that office a member of, and the chair of, the CCA.

7

Regulations under subsection (1) providing for there to be a mayor for the area of a CCA may not be revoked by making further regulations under subsection (1); but this does not prevent the making of regulations under section 26 (1) abolishing the CCA (together with the office of mayor).

8

In this Chapter “mayoral CCA” means a CCA for an area for which provision is made in regulations under subsection (1) for there to be a mayor.

I5328Requirements in connection with regulations under section 27

b

in the case of regulations in relation to an existing CCA, the CCA.

the mayor is unable to act or the office of mayor is vacant, and

b

the deputy mayor is unable to act or the office of deputy mayor is vacant,

the other members of the CCA must act together in place of the mayor, taking decisions by a simple majority.

7

In this Chapter “deputy mayor”, in relation to a mayoral CCA, means the person appointed under this section by the mayor for the authority’s area.

8

References in this section to a member of a CCA do not include a non-constituent or associate member.

I5530Functions of mayors: general

1

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

2

In this Chapter references to “general functions”, in relation to a mayor for the area of a CCA, are to any functions exercisable by the mayor other than PCC functions (see section 33 (3)).

3

The mayor may arrange—

a

for the deputy mayor to exercise any general function of the mayor,

b

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

c

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

i

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

ii

b

b

if the mayor is unable to make that statement, the reasons why the mayor considers the regulations should be made even though not all of the constituent councils agree to them being made.

I1532Joint exercise of general functions

functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

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).

I6036Section 34 regulations: further provision

1

Regulations under section 34 (2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities)—

a

from a fire and rescue authority or the CCA to the chief constable, or

b

from the chief constable to the CCA,

(including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011).

2

A chief constable to whom regulations under section 34 (2) apply may appoint staff for the purpose of the exercise of the chief constable’s fire and rescue functions.

3

A chief constable to whom regulations under section 34 (2) apply may—

a

pay remuneration, allowances and gratuities to members of the chief constable’s fire and rescue staff;

b

pay pensions to, or in respect of, persons who are or have been such members of staff;

c

pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.

4

In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

5

Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.

6

Where regulations under section 34 (2) are in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force’s chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions.

7

Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.

8

In subsection (7)—

“finance officer for fire functions” means a member of a chief constable’s fire and rescue staff who—
1. a
  is not a chief finance officer of the kind mentioned in subsection (6), and
2. b
  is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions;
“finance officer for police functions” means a member of a chief constable’s civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—
1. a
  is not a chief finance officer of the kind mentioned in subsection (6), and
2. b
  is employed to carry out duties relating to the proper administration of a police force’s financial affairs.

9

Where regulations under section 34 (2) are in force, the CCA to which the regulations apply must pay—

a

secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.

5

The mayor must hold the chief constable to account for the exercise of such functions.

I1638Section 34 regulations: complaints and conduct matters etc

1

If regulations are made under section 34 (2) that enable arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by regulations amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.

2

If regulations are made under section 34 (2) that enable arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 36 (1) or appointed by a chief constable under section 36 (2), the Secretary of State may by regulations make provision of the type described in subsection (3) in relation to those members of staff.

3

The provision referred to in subsection (2) is—

a

provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;

b

provision applying (with or without modifications) any provision made by or under Part 2 of that Act.

4

The Secretary of State may by regulations, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.

5

Before making regulations under this section the Secretary of State must consult—

a

the Police Advisory Board for England and Wales,

b

the Director General of the Independent Office for Police Conduct,

c

such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

d

such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and

e

such other persons as the Secretary of State considers appropriate.

I6239Section 34 regulations: application of fire and rescue provisions

1

The Secretary of State may by regulations—

a

apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);

b

make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.

2

Those persons are—

a

a chief constable of a police force for a police area to whom regulations under section 34 (2) apply,

b

a member of staff transferred to such a chief constable under a scheme made by virtue of section 36 (1),

c

a member of staff appointed by such a chief constable under section 36 (2),

d

a member of such a chief constable’s police force by whom functions are exercisable by virtue of section 34 (2)(b), and

e

a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) by whom functions are exercisable by virtue of section 34 (2)(b).

3

The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.

4

The Secretary of State may by regulations amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

5

In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority).

6

References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

I6340Section 34 regulations: application of local policing provisions

references to mayor, mayoral (except in the expression “mayoral CCA”) and deputy mayor are to be construed accordingly.

10

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

11

Where a mayoral CCA to which section 42 applies does not pass a resolution as required by subsection (1) of that section, the authority is to be treated for the purposes of this section as if, at the meeting mentioned in that subsection, it had passed the resolution mentioned in section 42 (1)(a) (providing that the mayor is to be known by the title of mayor).

12

In this section a reference to a member of a CCA does not include a non-constituent member.

13

In this section—

“enactment” has the same meaning as in section 42;
“qualifying election” means an election for the return of the mayor, other than—
1. a
  the first election for the return of the mayor, and
2. b
  an election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office.

I6444Power to amend list of alternative titles

7

A proposal under this section must specify the purposes to be achieved by the establishment of the CCA.

8

The Secretary of State may by regulations—

a

make further provision about the matters which must be addressed by a proposal under this section;

b

make provision about material which must be included in or submitted with a proposal under this section.

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.

5

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.

6

In this Chapter “local government area” means the area of a county council or a district council.

In determining for the purposes of subsection (6) who would have to consent to the making of regulations under section 27, section 28 (2)(b) (limited consent requirements) is to be disregarded.

8

A proposal under this section must specify the purposes to be achieved by the regulations which it proposes should be made.

9

The Secretary of State may by regulations—

a

make further provision about the matters which must be addressed by a proposal under this section;

b

make provision about material which must be included in or submitted with a proposal under this section.

1

Section 49 (1) does not enable a CCA to do anything which it is unable to do by virtue of a relevant limitation which is expressed to apply—

a

particular descriptions of CCAs.

4

Before making regulations under subsection (1) or (2) the Secretary of State must consult—

a

such representatives of CCAs,

b

such representatives of local government, and

c

such other persons (if any),

as the Secretary of State considers appropriate.

5

Subsection (4) does not apply to regulations under subsection (1) or (2) which are made only for the purpose of amending earlier such regulations—

a

so as to extend the earlier regulations, or any provision of the earlier regulations, to a particular CCA or to CCAs of a particular description, or

b

so that the earlier regulations, or any provision of the earlier regulations, ceases to apply to a particular CCA or to CCAs of a particular description.

I7152General power of competence

1

The Secretary of State may by regulations provide for Chapter 1 of Part 1 of the Localism Act 2011 (which confers a general power of competence on local authorities) to have effect in relation to a CCA specified in the regulations as it has effect in relation to a local authority.

2

Regulations under subsection (1) may be made only with the consent of the appropriate authorities (as defined by section 28 (4)).

3

Where regulations under subsection (1) are contained in the same instrument as regulations made by virtue of section 28 (2)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (2).

Supplementary

I7253Incidental etc provision

1

The Secretary of State may by regulations make incidental, consequential, transitional, transitory or supplementary provision for the purposes of, or in consequence of, regulations under this Chapter or for giving full effect to such regulations.

2

Regulations under subsection (1) may not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

for references to the transferor in any agreement (whether written or not), instrument or other document in relation to anything transferred to be treated (so far as necessary for the purposes of or in consequence of the transfer) as references to the transferee.

I7355Guidance

1

The Secretary of State may give guidance about anything that could be done under or by virtue of this Chapter by an authority to whom this section applies.

2

An authority to whom this section applies must have regard to any guidance given under this section in exercising any function conferred or imposed by or by virtue of this Chapter.

3

Any guidance under this section must be given in writing and may be varied or revoked by further guidance in writing.

4

Any such guidance may make different provision for different cases and different provision for different areas.

5

This section applies to—

a

a county council;

b

a district council;

c

an Integrated Transport Authority;

d

a combined authority;

e

a CCA.

I7456Consequential amendments

Schedule 4 (combined county authorities: consequential amendments) has effect.

I7557Interpretation of Chapter

In this Chapter—

“associate member” has the meaning given by section 12 (1);
“CCA” has the meaning given by section 9 (1);
“combined authority” has the meaning given by section 9 (5);
“constituent council” has the meaning given by section 10 (11);
“deputy mayor” has the meaning given by section 29 (7);
“economic prosperity board” has the meaning given by section 9 (5);
“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;
“general functions” has the meaning given by section 30 (2);
“Integrated Transport Authority” has the meaning given by section 9 (5);
“local government area” has the meaning given by section 46 (6);
“mayor”, in relation to the area of a CCA, means the mayor for the area of the CCA by virtue of regulations under section 27 (1);
“mayoral CCA” has the meaning given by section 27 (8);
“nominating body” means a body designated under section 11 (1);
“non-constituent member” has the meaning given by section 11 (3);
“PCC functions” has the meaning given by section 33 (3);
“two-tier county council” has the meaning given by section 9 (5);
“unitary county council” has the meaning given by section 9 (5);
“unitary district council” has the meaning given by section 9 (5).

Chapter 2Other provision

Combined authorities

I2258Review of combined authority’s constitutional arrangements

After section 104C of the Local Democracy, Economic Development and Construction Act 2009 (inserted by section 64 (8)) insert—

104DReview of combined authority’s constitutional arrangements
1
This section applies if an order under section 104(1) (constitution of combined authority) enables a combined authority to make provision about its constitution (“constitutional provision”).
2
An appropriate person may carry out a review of the combined authority’s constitutional provision if—
a
an appropriate person proposes a review, and
b
the combined authority consents to the review.
3
If an appropriate person carries out a review under subsection (2), they may propose changes to the combined authority’s constitutional provision as a result of the review for agreement by the authority.
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 combined authority by a simple majority of the voting members of the authority who are present at the meeting.
5
In the case of a mayoral combined authority—
a
a majority in favour of consenting under subsection (2)(b) does not need to include the mayor, but
b
a majority in favour of changes proposed under subsection (3) must include the mayor.
6
The 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.
7
Subsection (4) applies instead of—
a
any provision of an order under section 104(1) made before the coming into force of this section which is about the procedure applying to a decision on a question of a kind mentioned in subsection (4), and
b
any constitutional provision of a combined authority about such procedure.
8
In this section “appropriate person”, in relation to a combined authority, means—
a
a member of the authority appointed by a county council the whole or any part of whose area is within the area of the authority,
b
a member of the authority appointed by a district council whose area is within the area of the authority, or
c
the mayor for the area of the authority (if it is a mayoral combined authority).

I359Consent to changes to combined authority’s area

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

In section 104 (constitution of combined authority), after subsection (11) insert—

11A
If the only provision made under this section in an order under this Part is provision as a result of an order under section 106 (changes to boundaries of combined authority’s area)—
a
subsection (10) does not apply to the order under this Part, and
b
subsections (3A) to (3H) of section 106 apply in relation to the order as if it contained the provision made by the order under section 106.

3

Section 106 (changes to boundaries of combined authority’s area) is amended in accordance with subsections (4) to (9).

4

For subsection (3A) substitute—

3A
An order under this section adding or removing a local government area to or from an existing area of a mayoral combined authority may be made only if—
a
the relevant council in relation to the local government area consents, and
b
the mayor for the area of the combined authority consents.
3AA
An order under this section adding or removing a local government area to or from an existing area of a combined authority which is not a mayoral combined authority may be made only if—
a
the relevant council in relation to the local government area consents, and
b
the combined authority consents.

5

In subsection (3B), for “subsection (3A)(a)” substitute “subsections (3A)(a) and (3AA)(a)”.

6

In subsection (3C), after “subsection (3A)(a)” insert “or (3AA)(a)”.

7

After subsection (3C) insert—

3CA
The question of whether to consent under subsection (3AA)(b) to an order under this section 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.
3CB
Subsection (3CA) applies instead of—
a
any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and
b
any provision made by a combined authority about its constitution under such an order about such procedure.

8

For subsection (3D) substitute—

3D
Where an order under subsection (1)(b) is made as a result of the duty in section 105B(5) or 107B(4)—
a
subsection (2) does not apply, and
b
neither subsection (3A) nor subsection (3AA) applies.

9

After subsection (3D) insert—

3E
Subsection (3F) applies if a combined authority has made provision about its constitution under an order under section 104(1).
3F
A decision about any change to that provision as a result of an order under this section 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.
3G
Subsection (3F) applies instead of—
a
any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and
b
any provision made by a combined authority about its constitution under such an order about such procedure.
3H
A reference in this section 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.

I460Changes to mayoral combined authority’s area: additional requirements

1

An order under section 106 of the Local Democracy, Economic Development and Construction Act 2009 which adds a local government area to an existing area of a mayoral combined authority may only be made during the relevant period if the consultation requirements in subsection (2) are met.

2

The consultation requirements are as follows—

a

the Secretary of State has consulted the Local Government Boundary Commission for England,

b

the mayor for the area of the combined authority has consulted the residents of the local government area which is to be added to that area, and

c

the mayor has given the Secretary of State a report providing information about the consultation carried out under paragraph (b), and the Secretary of State has laid the report before Parliament.

3

In this section, “the relevant period” means the period of 9 months beginning with the day on which this Act is passed.

I2361Consent to conferral of general functions on mayor

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

In section 104 (constitution of combined authority), after subsection (11A) (inserted by section 59 (2)) insert—

11B
If the only provision made under this section in an order under this Part is provision as a result of an order to which section 107DA (procedure for direct conferral of general functions on mayor) applies—
a
subsection (10) does not apply to the order under this Part, and
b
the order may be made only with the consent of the mayor for the combined authority.

3

In section 105B (section 105A orders: procedure), after subsection (5) insert—

5A
The requirements in subsection (1) do not apply where the order is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—
a
to be a function of the combined authority, and
b
to be a function exercisable only by the mayor.
See section 107DA in relation to an order of this kind.

4

In section 107D (functions of mayors: general), after subsection (10) insert—

11
The requirement in subsection (9) does not apply where the order is made under section 105A and this section in relation to an existing mayoral combined authority and provides for a function—
a
to be a function of the combined authority, and
b
to be a function exercisable only by the mayor.
See section 107DA in relation to an order of this kind.

5

After section 107D insert—

107DAProcedure for direct conferral of general functions on mayor
1
This section applies in relation to an order which is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—
a
to be a function of the combined authority, and
b
to be a function exercisable only by the mayor.
2
The Secretary of State may make the order only if a request for the making of the order has been made to the Secretary of State by the mayor.
3
Before submitting a request under this section, the mayor must consult the constituent councils.
4
A request under this section must contain—
a
a statement by the mayor that all of the constituent councils agree to the making of the order, or
b
if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.
5
In this section “constituent council” means—
a
a county council the whole or any part of whose area is within the area of the combined authority, or
b
a district council whose area is within the area of the combined authority.

I562Consent to conferral of police and crime commissioner functions on mayor

1

Section 107F of the Local Democracy, Economic Development and Construction Act 2009 (functions of mayors: policing) is amended as follows.

2

For subsection (4) substitute—

4
An order under subsection (1) may be made in relation to an existing mayoral combined authority only with the consent of the mayor of the authority.

3

Omit subsection (9).

I2463Functions in respect of key route network roads

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

In section 104, in subsection (10), for “An” substitute “Except as provided for by section 107ZA (7), an”.

3

In section 107D, in subsection (9), for “An” substitute “Except as provided for by section 107ZA (7), an”.

4

After section 107 insert—

Combined authorities: key route network roads
107ZADesignation of key route network roads
1
A combined authority may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of—
a
each constituent council in whose area the highway or proposed highway is, and
b
in the case of a mayoral combined authority, the mayor.
2
The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by—
a
the combined authority,
b
the mayor (if any) of the combined authority, or
c
a constituent council.
3
A designation or removal under this section must be in writing and must state when it comes into effect.
4
The Secretary of State must send a copy of a designation or removal under subsection (2) to the combined authority in question at least 7 days before the date on which it comes into effect.
5
A combined authority must publish each designation or removal under this section of a key route network road within its area before the date on which it comes into effect.
6
A combined authority that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.
7
The requirements in section 104(10) and section 107D(9)(a) do not apply to provision under section 104(1)(d) and section 107D(1) contained in the same instrument so far as that provision—
a
confers a power of direction on an existing mayoral combined authority regarding the exercise of an eligible power in respect of key route network roads in the area of that combined authority,
b
provides for that power of direction to be exercisable only by the mayor of the combined authority, and
c
is made with the consent of the mayor after the mayor has consulted the constituent councils.
8
When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—
a
a statement by the mayor that all of the constituent councils agree to the making of the order, or
b
if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.
9
In this section—
“constituent council” has the meaning given in section 104(11);
“eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008;
“key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;
“proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.

I2564Membership of combined authority

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

Section 104 (constitution of combined authority) is amended in accordance with subsections (3) to (7).

3

In subsection (2), for “85” substitute “85(1) to (3)”.

4

For subsection (2A) substitute—

2A
But—
a
section 84 of that Act, in its application to a combined authority by virtue of subsection (1)(a), is subject to—
i
sections 104A and 104B and regulations under section 104C (combined authority membership), and
ii
sections 104D (4) and 106(3CA) and (3F) (procedure for combined authority consents), and
b
section 85(1) of that Act, in its application to a combined authority by virtue of subsection (2), is subject to subsections (2AA) and (2B).

5

After subsection (2A) insert—

2AA
Section 85(1)(a) has effect as if it required an order which includes provision about the number and appointment of members of a combined authority to provide for the authority’s members, other than—
a
the mayor (in the case of a mayoral combined authority),
b
the authority’s non-constituent members (see section 104A), and
c
the authority’s associate members (see section 104B),
to be appointed by the authority’s constituent councils.

6

Omit subsection (2C).

7

In subsection (11), for “subsection (10)” substitute “this section”.

8

After section 104 insert—

104ANon-constituent members of a combined authority
1
A combined authority may designate a body other than a constituent council as a nominating body for the purposes of this Part.
2
A body may be designated under subsection (1) only if the body consents to the designation.
3
A nominating body of a combined authority may nominate a representative of the body for appointment by the authority as a member (a “non-constituent member”).
4
The non-constituent members of a combined authority are to be non-voting members of that authority unless the voting members resolve otherwise.
5
A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the combined authority should consent to the making of an order under this Part.
6
This section is subject to regulations under section 104C (4) (disapplication of this section).
7
In this section “constituent council”, in relation to a combined authority, means—
a
a county council the whole or any part of whose area is within the area of the authority, or
b
a district council whose area is within the area of the authority.
104BAssociate members of a combined authority
1
A combined authority may appoint an individual to be a member (“an associate member”) of the combined authority.
2
The associate members of a combined authority are to be non-voting members of the authority.
3
This section is subject to regulations under section 104C (4) (disapplication of this section).
104CRegulations about members
1
The Secretary of State may by regulations make provision about—
a
constituent members of a combined authority;
b
the mayor for the area of a combined authority in the mayor’s capacity as a member of the authority;
c
nominating bodies of a combined authority;
d
non-constituent members of a combined authority;
e
associate members of a combined authority.
2
The provision that may be made by regulations under subsection (1) includes, in particular, provision about—
a
the cases in which a decision of a combined authority requires a majority, or a particular kind of majority, of the votes of members of a particular kind;
b
the process for the designation of a nominating body or the removal of such a designation;
c
the number of nominating bodies that may be designated by a combined authority;
d
the number of non-constituent members that may be appointed by a combined authority;
e
the appointment, disqualification, resignation or removal of a non-constituent member;
f
the appointment of a substitute member to act in place of a non-constituent member;
g
the maximum number of non-constituent members of a combined authority;
h
the making by a nominating body of a combined authority of payments towards the costs of the authority;
i
the things which may or may not be done by, or in relation to, a non-constituent member;
j
the appointment, disqualification, resignation or removal of an associate member;
k
the appointment of a substitute member to act in place of an associate member;
l
the maximum number of associate members of a combined authority;
m
the things which may or may not be done by, or in relation to, an associate member.
3
Regulations under subsection (1) may confer a discretion on a combined authority to determine any matter.
4
The Secretary of State may by regulations provide, in relation to a combined authority established by an order which came into force before the coming into force of this section—
a
for the relevant provisions about membership not to apply in relation to the authority, or
b
for the authority to determine whether the relevant provisions about membership are to apply in relation to the authority.
5
In subsection (4) “the relevant provisions about membership” means—
a
the amendments to section 104 made by section 64 (2) to (7) of the Levelling-up and Regeneration Act 2023, and
b
sections 104A and 104B.
6
Regulations under subsection (1) or (4) may make incidental, supplementary, consequential, transitional, transitory or saving provision.
7
In this section “constituent member”, in relation to a combined authority, means a member of the authority (other than any mayor for the area of the authority) appointed by—
a
a county council the whole or any part of whose area is within the area of the authority, or
b
a district council whose area is within the area of the authority.

9

In section 105 (constitution of combined authority), after subsection (3) insert—

3ZA
But section 92, in its application to a combined authority by virtue of subsection (3), is subject to regulations under section 104C (1) (combined authority membership).

10

In section 107C (deputy mayors etc), after subsection (6) insert—

6A
References in this section to a member of a combined authority do not include a non-constituent or associate member.

11

In section 107D (functions of mayors: general)—

a

after subsection (3) insert—

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

b

after subsection (4) insert—

4A
An order under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.

12

In section 107G (mayors for combined authority areas: financial provision), after subsection (6) insert—

6A
The reference in subsection (6)(b)(i) to a member of a combined authority does not include a non-constituent or associate member.

13

In section 120 (interpretation), at the appropriate places insert—

“associate member” has the meaning given by section 104B (1);”,

“nominating body” means a body designated under section 104A (1);

“non-constituent member” has the meaning given by section 104A (3);

I2665Proposal for establishment of combined authority

1

The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (8).

2

Omit sections 108 (review by authorities: new combined authority) and 109 (preparation and publication of scheme: new combined authority).

3

Before section 110 insert—

109AProposal for new combined authority
1
One or more authorities to which this section applies may—
a
prepare a proposal for the establishment of a combined authority for an area, and
b
submit the proposal to the Secretary of State.
2
This section applies to the following authorities—
a
a county council the whole or any part of whose area is within the proposed area;
b
a district council whose area is within the proposed area;
c
an EPB the whole or any part of whose area is within the proposed area;
d
an ITA the whole or any part of whose area is within the proposed area;
e
a combined county authority the whole or any part of whose area is within the proposed area.
3
In this section—
“combined county authority” means a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023;
“the proposed area” means the area for which the combined authority is proposed to be established.
4
Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—
a
carry out a public consultation across the proposed area on the proposal, and
b
have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.
5
The requirements in subsection (4) may be satisfied by things done before the coming into force of this section.
6
If a proposal under this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State.
7
A proposal under this section must specify the purposes to be achieved by the establishment of the combined authority.
8
The Secretary of State may by regulations—
a
make further provision about the matters which must be addressed by a proposal under this section;
b
make provision about material which must be included in or submitted with a proposal under this section.
9
Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

4

Section 110 (requirements in connection with establishment of combined authority) is amended in accordance with subsections (5) to (8).

5

In subsection (1), for paragraph (a) substitute—

a
the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,
aa
the Secretary of State considers that to do so is appropriate having regard to the need—
i
to secure effective and convenient local government, and
ii
to reflect the identities and interests of local communities,
ab
where a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,

6

For subsection (1A) substitute—

1A
If a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State must have regard to the proposal in making the order.

7

In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) substitute—

a
a proposal has been prepared under section 109A,
b
a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and

8

Omit subsection (4).

9

This section does not affect—

a

the operation of section 108 of the Local Democracy, Economic Development and Construction Act 2009 in relation to a review that began before this section came into force, or

b

the operation of section 109 of that Act in relation to the preparation and publication of a scheme following such a review.

10

The amendments made by subsections (5) to (8) do not apply to section 110 of that Act as it has effect in relation to—

a

the making of an order in response to a scheme under section 109 of that Act, or

b

the making of an order otherwise than in response to a scheme, where a draft of the statutory instrument containing the order was laid before Parliament before the coming into force of this section.

I666Proposal for changes to existing combined arrangements

1

The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (9).

2

Omit sections 111 (review by authorities: existing combined authority) and 112 (preparation and publication of scheme: existing combined authority).

3

Before section 113 insert—

112AProposal for changes to existing combined arrangements
1
One or more authorities to which this section applies may—
a
prepare a proposal for the making of an order under section 104, 105, 105A, 106, 107, 107A, 107D or 107F in relation to an existing combined authority, and
b
submit the proposal to the Secretary of State.
2
This section applies to the following authorities—
a
the combined authority;
b
a county council the whole or any part of whose area is within the area of the combined authority;
c
a district council whose area is within the area of the combined authority;
d
in the case of a proposal for the making of an order under section 106 to add all or part of the area of a county council to the area of the combined authority, that county council;
e
in the case of a proposal for the making of an order under section 106 to add the area of a district council to the area of the combined authority, that district council.
3
Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—
a
carry out a public consultation across—
i
the area of the combined authority, and
ii
in the case of a proposal for the making of an order under section 106 to add a local government area to the area of the combined authority, that local government area, and
b
have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.
4
The requirements in subsection (3) may be satisfied by things done before the coming into force of this section.
5
Before a proposal under this section for the making of an order is submitted to the Secretary of State, each person who would have to consent to the making of the order must consent to the submission of the proposal.
6
If a proposal under this section is submitted to the Secretary of State by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5).
7
In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 105A, subsections (3) and (4) of section 105B (limited consent requirements) are to be disregarded.
8
In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 107A, section 107B(3)(b) (limited consent requirements) is to be disregarded.
9
A proposal under this section must specify the purposes to be achieved by the order which it proposes should be made.
10
The Secretary of State may by regulations—
a
make further provision about the matters which must be addressed by a proposal under this section;
b
make provision about material which must be included in or submitted with a proposal under this section.
11
Regulations under subsection (10) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

4

Section 113 (requirements in connection with changes to existing combined arrangements) is amended in accordance with subsections (5) to (9).

5

In subsection (1), for “106 or 107” substitute “105A, 106, 107, 107A, 107D or 107F”.

6

In subsection (1), for paragraph (a) (and the “and” at the end of that paragraph) substitute—

a
the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,
aa
the Secretary of State considers that to do so is appropriate having regard to the need—
i
to secure effective and convenient local government, and
ii
to reflect the identities and interests of local communities,
ab
where a proposal for the making of the order has been submitted under section 112A, the Secretary of State considers that making the order will achieve the purposes specified under subsection (9) of that section, and

7

For subsection (1A) substitute—

1A
If a proposal for the making of the order has been submitted under section 112A, the Secretary of State must have regard to the proposal in making the order.

8

In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) substitute—

a
a proposal has been prepared under section 112A,
b
a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and

9

Omit subsection (3).

10

This section does not affect—

a

the operation of section 111 of the Local Democracy, Economic Development and Construction Act 2009 in relation to a review that began before this section came into force, or

b

—
a
as part of a proposal under section 109A, or
b
in accordance with section 112A,

b

omit subsection (2).

4

The amendments made by this section do not affect the operation of section 105B or 107B of the Local Democracy, Economic Development and Construction Act 2009 in relation to a proposal under that section made before the coming into force of this section.

I2868Regulations applying to combined authorities

1

Section 117 of the Local Democracy, Economic Development and Construction Act 2009 (orders under Part 6) is amended as follows.

2

In the heading, after “Orders” insert “and regulations”.

3

In subsection (1), after “Orders” insert “and regulations”.

4

In subsection (1A), after “An order” insert “or regulations”.

5

After subsection (3) insert—

3A
A statutory instrument that contains (whether alone or with any other provisions) regulations under section 104C(1), 104C(4), or 107K (1) may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
3B
A statutory instrument that—
a
contains regulations under section 109A (8) or 112A (10), and
b
is not by virtue of subsection (3A) subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
is subject to annulment by resolution of either House of Parliament.

6

In subsection (4), after “Part” insert “or of regulations under section 104C (1) or (4)”.

I3069Combined authorities and combined county authorities: power to borrow

In section 23 of the Local Government Act 2003 (meaning of “local authority” for the purposes of Part 1), after subsection (10) insert—

10A
If a draft of a statutory instrument containing regulations under subsection (5) or (8A) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

I2970Payment of allowances to committee members

1

In Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009 (combined authorities: overview and scrutiny committees and audit committees)—

a

in paragraph 3(2) (power by order to make further provision about overview and scrutiny committees), after paragraph (a) insert—

aa
about the payment of allowances to members of such a committee who are members of a constituent council;

b

in paragraph 4(3) (power by order to make further provision about audit committees), after paragraph (b) insert—

c
the payment of allowances to members of the committee who are members of a constituent council (within the meaning of paragraph 3).

2

In Schedule 5C to that Act (mayors for combined authority areas: police and crime commissioner functions), after paragraph 5 insert—

5A
The Secretary of State may by order make provision about the payment of allowances to members of a police and crime panel established by virtue of an order under paragraph 4 who are members of a constituent council (within the meaning of paragraph 3 of Schedule 5A).

Local authority governance

I771Timing for changes in governance arrangements

1

The Local Government Act 2000 is amended as follows.

2

In section 9KC (resolution of local authority)—

a

in subsection (4)—

i

the words from “Resolution B is approved” to the end of the subsection become paragraph (a), and

ii

at the end of that paragraph insert

, or
b
subsection (4A) applies and Resolution B is passed in accordance with subsection (4E).

b

after subsection (4) insert—

4A
This subsection applies where Resolution B—
a
makes a change in governance arrangements—
i
under section 9K for the local authority to start to operate executive arrangements, or
ii
under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive, and
b
has not been approved in a referendum held in accordance with this Chapter.
4B
Where subsection (4A) applies, the local authority may submit a proposal to the Secretary of State for consent to pass Resolution B before the end of the period of 5 years beginning with the date Resolution A is passed.
4C
A proposal must specify—
a
the change in governance arrangements to be made by Resolution B, and
b
how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.
4D
The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.
4E
If the Secretary of State consents to a proposal, the local authority may pass Resolution B—
a
before the end of the 5 year period beginning with the date Resolution A is passed, but
b
not later than the end of the 3 year period beginning with the date consent is given.
4F
The Secretary of State may by regulations make further provision about—
a
the matters which must be addressed by a proposal under this section, and
b
how a proposal is to be considered by the Secretary of State.

3

In section 9MF (further provision with respect to referendums)—

a

in subsection (1)—

i

the words from “subsection (2)” to the end of the subsection become paragraph (a), and

ii

at the end of that paragraph insert

, or
b
subsection (3A) applies and Referendum B is held in accordance with subsection (3E).

b

after subsection (3) insert—

3A
This subsection applies if Referendum B is held under section 9M to approve a change in governance arrangements—
a
under section 9K for the local authority to start to operate executive arrangements, or
b
under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive.
3B
Where subsection (3A) applies, the local authority may submit a proposal to the Secretary of State for consent to hold Referendum B within the period of 10 years beginning with the date of Referendum A.
3C
A proposal must specify—
a
the change in governance arrangements that is subject to approval in Referendum B, and
b
how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.
3D
The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.
3E
If the Secretary of State consents to a proposal, the local authority may hold Referendum B—
a
within the 10 year period beginning with the date of Referendum A, but
b
not later than the end of the 3 year period beginning with the date consent is given.
3F
The Secretary of State may by regulations make further provision about—
a
the matters which must be addressed by a proposal under this section, and
b
how a proposal is to be considered by the Secretary of State.

I872Transfer of functions: changes in governance arrangements

1

The Local Government Act 2000 is amended in accordance with subsections (2) to (5).

2

In section 9KC (resolution of local authority), after subsection (5) insert—

6
See sections 9NC and 9ND (transfer of functions: changes in governance arrangements) for further provision about when a resolution under this section may be passed.

3

In section 9MB (requirement to hold and give effect to referendum)—

a

in subsection (4)—

i

the words from “within the period” to the end of the subsection become paragraph (a), and

ii

at the end of that paragraph insert

, or
b
where paragraph (b) of section 9ND (7) (transfer of functions: changes in governance arrangements) applies, within the period of 28 days beginning with the day when the regulations mentioned in that subsection are amended or revoked.

b

after subsection (5) insert—

6
See section 9ND for further provision about referendums under section 9M.

4

In section 9MF (further provision with respect to referendums), after subsection (6) insert—

7
See section 9ND (transfer of functions: changes in governance arrangements) for further provision about referendums under section 9MC.

5

After section 9NB insert—

Transfer of functions: changes in governance arrangements
9NCTransfer of functions: changes in governance arrangements not subject to a referendum
1
This section applies where—
a
the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,
b
the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and
c
that change is not—
i
subject to approval in a referendum under section 9M, or
ii
required to be implemented by the local authority in accordance with section 9MF(4) (referendums under sections 9MC to 9ME).
2
The local authority may not pass the resolution unless the local authority complies with this section.
3
The local authority must notify the Secretary of State of the proposed change in governance arrangements.
4
Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).
5
The Secretary of State must notify the local authority of the decision under subsection (4).
6
If the Secretary of State considers that the regulations should be amended or revoked, the local authority may not pass the resolution until the regulations have been so amended or revoked.
7
If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may pass the resolution.
8
In this section—
“function” has the same meaning as in section 16 of the Cities and Local Government Devolution Act 2016;
“relevant change in governance arrangements” means—
a
a change under section 9K for the local authority to cease to operate executive arrangements, or
b
a change under section 9KA for the local authority to vary its executive arrangements so that they provide for a leader and cabinet executive.
9
This section is subject to section 9KC(3) and (4) (timing of change in governance arrangements).
9NDTransfer of functions: changes in governance arrangements subject to a referendum
1
This section applies where—
a
the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,
b
the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and
c
that change is subject to approval in a referendum under section 9M.
2
This section also applies where—
a
the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 that provide for a function to be exercisable by a local authority, and
b
the local authority is required by regulations under section 9MC (referendum following petition) to hold a referendum on whether the authority should make a relevant change in governance arrangements.
3
The local authority may not—
a
hold the referendum mentioned in subsection (1)(c) or (2)(b), or
b
pass a resolution which makes the proposed change in governance arrangements,
unless the local authority complies with this section.
4
The local authority must notify the Secretary of State of the proposed change in governance arrangements.
5
Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) or (2)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).
6
The Secretary of State must notify the local authority of the decision under subsection (5).
7
If the Secretary of State considers that the regulations should be amended or revoked—
a
the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b), but
b
if the result of the referendum is to approve the proposals, the local authority may not pass a resolution which makes the proposed change in governance arrangements until the regulations have been so amended or revoked.
8
If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b) and (if the result of the referendum is to approve the proposals) pass the resolution.
9
In this section “function” and “relevant change in governance arrangements” have the same meaning as in section 9NC.
10
This section is subject to sections 9KC(3) and (4), 9MB and 9MF (timing of change in governance arrangements etc).

6

In section 17 of the Cities and Local Government Devolution Act 2016 (section 16: procedure etc)—

a

in subsection (1)—

i

omit the “and” at the end of paragraph (a), and

ii

after paragraph (b) insert

, and
c
where subsection (4A) applies to the regulations, the Secretary of State has had regard to the matters in subsection (4B).

b

after subsection (4) insert—

4A
This subsection applies to regulations under section 16 that—
a
revoke or otherwise amend previous regulations under that section, and
b
are made in response to a notification from a local authority under section 9NC (3) or 9ND (4) of the Local Government Act 2000 (transfer of functions: changes in governance arrangements) of a proposed change in governance arrangements.
4B
The matters mentioned in subsection (1)(c) are—
a
the circumstances of the area of the local authority, and
b
the likely impact of the change in governance arrangements on—
i
the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority, and
ii
the accountability and decision-making of the local authority.

I3173Power to transfer etc public authority functions to certain local authorities

In section 17 of the Cities and Local Government Devolution Act 2016 (procedure for making regulations under section 16)—

a

in subsection (1)(b), for “the exercise of statutory functions” substitute “the economic, social and environmental well-being of some or all of the people who live or work”, and

b

before subsection (5) insert—

4C
The requirement in subsection (1)(b) does not apply to the making of regulations under section 16 where subsection (4A) applies to those regulations.

Police and crime commissioners and the Mayor’s Office for Policing and Crime

I3274Participation of police and crime commissioners at certain local authority committees

In section 102(9) of the Local Government Act 1972 (appointment of committees), for “to which the commissioner is appointed in accordance with this section”, substitute “described in subsection (6)”.

I975Disposal of land

In section 123 of the Local Government Act 1972 (disposal of land by principal councils), after subsection (2B) insert—

2C
Police and crime commissioners and the Mayor’s Office for Policing and Crime are to be treated as principal councils for the purposes of this section.

Alternative mayoral titles

I2076Combined authorities: alternative mayoral titles

After section 107G of the Local Democracy, Economic Development and Construction Act 2009 insert—

107HAlternative mayoral titles: new mayoral combined authorities
1
This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force on or after the date on which this section comes into force.
2
At the first meeting of the authority after the order made under section 107A comes into force, the authority must, by a resolution in accordance with subsection (4)—
a
provide that the mayor for the area of the authority is to be known by the title of mayor, or
b
change the title by which the mayor for the area of the authority is to be known to an alternative title mentioned in subsection (3).
3
The alternative titles are—
a
county commissioner;
b
county governor;
c
elected leader;
d
governor;
e
a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
4
The following requirements must be met in relation to the resolution mentioned in subsection (2)—
a
particulars of the resolution must be included in the notice of the meeting,
b
where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
c
the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
5
Subsections (6) and (7) apply where under this section a mayoral combined authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.
6
The authority must—
a
send notice of the change to the Secretary of State,
b
publish the notice in the area of the authority in such manner as the authority considers appropriate, and
c
publish the notice in such other manner as the Secretary of State may direct.
7
Where this subsection applies—
a
a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
b
references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.
8
A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
9
In this section a reference to a member of a combined authority does not include a non-constituent member.
10
In this section “enactment”—
a
includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but
b
does not include this section or sections 107I and 107J.
107IAlternative mayoral titles: existing mayoral combined authorities
1
This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force before the date on which this section comes into force.
2
The authority may, by a resolution in accordance with subsection (3), change the title by which the mayor for the area of the authority is to be known to one of the following alternative titles—
a
county commissioner;
b
county governor;
c
elected leader;
d
governor;
e
a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
3
The following requirements must be met in relation to the resolution—
a
the resolution must be considered at the first meeting of the authority held after a qualifying election for the return of the mayor,
b
particulars of the resolution must be included in the notice of the meeting,
c
where the resolution includes a proposed alternative title mentioned in subsection (2)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (2), and
d
the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
4
Subsections (5) and (6) apply where under this section a mayoral combined authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.
5
The authority must—
a
send notice of the change to the Secretary of State,
b
publish the notice in the area of the authority in such manner as the authority considers appropriate, and
c
publish the notice in such other manner as the Secretary of State may direct.
6
Where this subsection applies—
a
a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
b
references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.
7
A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
8
In this section a reference to a member of a combined authority does not include a non-constituent member.
9
In this section—
“enactment” has the same meaning as in section 107H;
“qualifying election” means an election for the return of the mayor, other than—
a
the first election for the return of the mayor, and
b
an election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office.
10
This section is subject to section 107J.
107JAlternative mayoral titles: further changes
1
This section applies where a mayoral combined authority has—
a
by a resolution under section 107H or 107I or by a previous resolution under this section, changed the title by which the mayor for the area of the authority is to be known to an alternative title,
b
by a resolution under section 107H, provided that the mayor for the area of the authority is to be known by the title of mayor, or
c
by a previous resolution under this section, provided that the mayor for the area of the authority is no longer to be known by an alternative title.
2
The authority may, by a resolution in accordance with subsection (4)—
a
in a subsection (1)(a) case—
i
provide that the mayor is no longer to be known by the alternative title, or
ii
change the title by which the mayor is to be known to an alternative title mentioned in subsection (3);
b
in a subsection (1)(b) or (c) case, change the title by which the mayor is to be known to an alternative title mentioned in subsection (3).
3
The alternative titles are—
a
county commissioner;
b
county governor;
c
elected leader;
d
governor;
e
a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
4
The following requirements must be met in relation to the resolution mentioned in subsection (2)—
a
the resolution must be considered at a relevant meeting of the authority,
b
particulars of the resolution must be included in the notice of the meeting,
c
where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
d
the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
5
In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.
6
Where under this section an authority provides that the mayor for the area of the authority is no longer to be known by an alternative title, the authority must—
a
send notice of the change to the Secretary of State,
b
publish the notice in the area of the authority in such manner as the authority considers appropriate, and
c
publish the notice in such other manner as the Secretary of State may direct.
7
Subsections (8) and (9) apply where under this section an authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.
8
The authority must—
a
send notice of the change to the Secretary of State,
b
publish the notice in the area of the authority in such manner as the authority considers appropriate, and
c
publish the notice in such other manner as the Secretary of State may direct.
9
Where this subsection applies—
a
a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and
b
references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.
10
A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
11
Where a combined authority to which section 107H applies does not pass a resolution as required by subsection (2) of that section, the authority is to be treated for the purposes of this section as if, at the meeting mentioned in that subsection, it had passed the resolution mentioned in section 107H (2)(a) (providing that the mayor is to be known by the title of mayor).
12
In this section a reference to a member of a combined authority does not include a non-constituent member.
13
In this section—
“enactment” has the same meaning as in section 107H;
“qualifying election” has the same meaning as in section 107I.
107KPower to amend list of alternative titles
1
The Secretary of State may by regulations amend section 107H (3), 107I (2) or 107J (3) to add, modify or remove a reference to an alternative title or a description of an alternative title.
2
Regulations under subsection (1) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to section 107H, 107I or 107J.

I1077Local authorities in England: alternative mayoral titles

1

The Local Government Act 2000 is amended as follows.

2

After section 9HE insert—

9HFAlternative mayoral titles
1
A local authority within subsection (8) may, by a resolution in accordance with subsection (2), change the title by which the elected mayor of the authority is to be known to one of the following alternative titles—
a
county commissioner;
b
county governor;
c
elected leader;
d
governor;
e
a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
2
The following requirements must be met in relation to the resolution—
a
the resolution must be considered at a relevant meeting of the authority,
b
particulars of the resolution must be included in the notice of the meeting,
c
where the resolution includes a proposed alternative title mentioned in subsection (1)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (1), and
d
the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
3
In subsection (2)(a) “relevant meeting” means—
a
in the case of a local authority within subsection (8)(a), the first meeting of the authority held after a qualifying election for the return of the elected mayor,
b
in the case of a local authority within subsection (8)(b), the meeting of the authority at which the resolution under section 9KC (resolution of local authority) is passed, and
c
in the case of a local authority within subsection (8)(c), the first meeting of the authority held after the referendum mentioned in section 9N is held.
4
Subsections (5) and (6) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.
5
The authority must—
a
send notice of the change to the Secretary of State,
b
publish the notice in the area of the authority in such manner as the authority considers appropriate, and
c
publish the notice in such other manner as the Secretary of State may direct.
6
Where this subsection applies—
a
a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and
b
references to mayor, mayoral and deputy mayor are to be construed accordingly.
7
A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
8
A local authority is within this subsection if—
a
it operates a mayor and cabinet executive,
b
it passes a resolution in accordance with section 9KC (resolution of local authority) to make a change in governance arrangements which provides for the authority to operate a mayor and cabinet executive, or
c
it holds a referendum by virtue of an order under section 9N (referendum on change to mayor and cabinet executive) and the proposal for the authority to operate a mayor and cabinet executive is approved in that referendum.
9
The Secretary of State may by regulations amend subsection (1) to add, modify or remove a reference to an alternative title or a description of an alternative title.
10
In this section—
“enactment”—
a
includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but
b
does not include this section or section 9HG;
“qualifying election” means an election for the return of the elected mayor, other than—
a
the first election for the return of the elected mayor, and
b
an election caused by a vacancy in the office of the elected mayor occurring before expiry of the elected mayor’s term of office.
11
This section is subject to section 9HG.
9HGAlternative mayoral titles: further changes
1
This section applies where a local authority has—
a
by a resolution under section 9HF or by a previous resolution under this section, changed the title by which the elected mayor of the authority is to be known to an alternative title, or
b
by a previous resolution under this section, provided that the elected mayor of the authority is no longer to be known by an alternative title.
2
The authority may, by a resolution in accordance with subsection (4)—
a
in a subsection (1)(a) case—
i
provide that the elected mayor is no longer to be known by the alternative title, or
ii
change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3);
b
in a subsection (1)(b) case, change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3).
3
The alternative titles are—
a
county commissioner;
b
county governor;
c
elected leader;
d
governor;
e
a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
4
The following requirements must be met in relation to the resolution mentioned in subsection (2)—
a
the resolution must be considered at a relevant meeting of the authority,
b
particulars of the resolution must be included in the notice of the meeting,
c
where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
d
the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
5
In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the elected mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.
6
Where under this section a local authority provides that the elected mayor of the authority is no longer to be known by an alternative title, the authority must—
a
send notice of the change to the Secretary of State,
b
publish the notice in the area of the authority in such manner as the authority considers appropriate, and
c
publish the notice in such other manner as the Secretary of State may direct.
7
Subsections (8) and (9) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.
8
The authority must—
a
send notice of the change to the Secretary of State,
b
publish the notice in the area of the authority in such manner as the authority considers appropriate, and
c
publish the notice in such other manner as the Secretary of State may direct.
9
Where this subsection applies—
a
a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and
b
references to mayor, mayoral and deputy mayor are to be construed accordingly.
10
A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
11
The Secretary of State may by regulations amend subsection (3) to add, modify or remove a reference to an alternative title or a description of an alternative title.
12
In this section “enactment” and “qualifying election” have the same meaning as in section 9HF.

3

In section 105(6) (orders and regulations), after “9HE,” insert “9HF (9), 9HG (11),”.

Local government capital finance

I11 I7678Capital finance risk management

1

The Local Government Act 2003 is amended as follows.

2

After section 12 (power to invest) insert—

Risk management: England
12ARisk-mitigation directions
1
The Secretary of State may give one or more risk-mitigation directions to a local authority in England, for the purpose of reducing or mitigating the financial risk to the authority, if—
a
a trigger event has occurred in relation to the local authority, and
b
the Secretary of State is satisfied that the direction is, or (as the case may be) directions are, appropriate and proportionate to the level of that financial risk.
2
A “trigger event” occurs if (and when)—
a
a risk threshold is breached by the local authority (see section 12B);
b
a report is made by the chief finance officer of the local authority under section 114(3) of the Local Government Finance Act 1988 (report to effect that authority’s expenditure is likely to exceed available resources); or
c
the Secretary of State—
i
gives a direction under section 16(2)(b) (request for expenditure to be, or not be, treated as capital) in respect of the local authority, or
ii
makes a grant to the local authority under an enactment,
for the purpose of preventing circumstances arising that would require such a report to be made.
3
The following are “risk-mitigation directions”—
a
a direction that sets limits in relation to the borrowing of money by the local authority;
b
a direction that requires the local authority to take action specified in the direction.
4
A direction under subsection (3)(a)—
a
may set different limits in relation to different kinds of borrowing;
b
must specify the period for which any limit has effect.
5
A direction under subsection (3)(b)—
a
may (amongst other things) require the local authority to take action to divest itself of a specified asset;
b
must specify the time by which any specified action must be taken.
6
In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State must have regard to—
a
the likely impact of the direction on the provision of services to the public by or on behalf of the local authority;
b
the duty imposed on the local authority by section 3(1) of the Local Government Act 1999 (best value duty).
7
In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State may, in particular, take account of the likely impact of that decision on the implementation of any central government policy, project or programme.
8
The Secretary of State may not give a risk-mitigation direction unless the Secretary of State—
a
has given the local authority notice of the proposed direction, and of the right of the local authority to make written representations to the Secretary of State about it within the period specified in the notice, and
b
has considered any representations made by the local authority to the Secretary of State within that period.
9
In this section, “financial risk”, in relation to a local authority, means the risk that the expenditure of the local authority (including expenditure it proposes to incur) in the current or any future financial year is likely to exceed, or further exceed, the resources (including sums borrowed) available to it to meet that expenditure.
10
This section is subject to section 12C (restriction of power to give risk-mitigation directions).
12BRisk thresholds
1
For the purposes of section 12A (2)(a), a risk threshold is breached by a local authority in England if (and when) a capital risk metric for the local authority breaches the specified threshold for that metric.
2
Each of the following is a “capital risk metric”—
a
the total of a local authority’s debt (including credit arrangements) as compared to the financial resources at the disposal of the authority;
b
the proportion of the total of a local authority’s capital assets which is investments made, or held, wholly or mainly in order to generate financial return;
c
the proportion of the total of a local authority’s debt (including credit arrangements) in relation to which the counter-party is not central government or a local authority;
d
the amount of minimum revenue provision charged by a local authority to a revenue account for a financial year;
e
any other metric specified by regulations made by the Secretary of State.
3
The Secretary of State may, by regulations, make further provision—
a
specifying whether the specified threshold for a particular metric is breached by a failure to reach that threshold or by that threshold being exceeded;
b
about how the metrics specified in, or under, subsection (2) are to be calculated for the purpose of determining whether the specified threshold for that metric has been breached.
4
Before making regulations under subsection (2)(e), the Secretary of State must consult all local authorities in England.
5
In this section—
“capital asset” has the meaning given by section 9;
“minimum revenue provision” has the meaning given by regulation 27 of the Local Authorities (Capital Finance and Accounting)(England) Regulations 2003 (S.I. 2003/3146);
“specified” means specified, or determined in a manner specified, in regulations made by the Secretary of State.
6
Regulations may require a specified threshold to be determined having regard to guidance issued under section 21(1A) (accounting practices).
12CRestriction of power to give risk-mitigation directions
1
If, after the power to give risk-mitigation directions becomes exercisable under section 12A (1) in relation to a local authority—
a
at least 12 months have elapsed since the Secretary of State last became aware of a trigger event having occurred in relation to the authority,
b
any risk-mitigation direction given to the authority has been complied with or revoked, and
c
the Secretary of State is satisfied no further risk-mitigation direction is likely to be required in the foreseeable future for the purpose of reducing or mitigating the financial risk to the authority,
the Secretary of State must give the local authority a notice to that effect (“a cessation notice”).
2
Where a cessation notice is given, the power conferred by section 12A (1) is no longer exercisable, in relation to that authority, by reason of any trigger event of which the Secretary of State was aware at the time that notice was given.
3
In this section “risk-mitigation direction”, “trigger event” and “financial risk” have the same meaning as in section 12A.
12DDuty to cooperate with independent expert
1
This section applies where—
a
a trigger event has occurred in relation to a local authority in England,
b
section 12C (2) does not apply to prevent the power conferred by section 12A (1) being exercisable, in relation to that authority, by reason of that event, and
c
the Secretary of State has appointed an independent expert to review the level of the financial risk to the local authority.
2
The local authority must, so far as reasonably practicable, co-operate with the independent expert in any way that the independent expert considers necessary or expedient for the purposes of the conduct of the review.
3
In this section—
“financial risk” has the same meaning as in section 12A;
“independent expert” means a person—
a
who is independent of the local authority and the Secretary of State, and
b
who has relevant experience or knowledge which is relevant to the matter in question;
“trigger event” has the same meaning as in section 12A.

3

In section 2 (control of borrowing), in subsection (1)—

a

after paragraph (b) insert “, or”, and

b

after that paragraph insert—

c
any limit for the time being applicable to it under section 12A.

4

In section 5 (temporary borrowing)—

a

in subsection (1), after “section 4” insert “or 12A”, and

b

in subsection (2), after “section 4(2)” insert “or 12A”.

5

In section 8 (control of credit arrangements), in subsection (1)—

a

after paragraph (b) insert “, or”, and

b

after that paragraph insert—

c
any limit for the time being applicable to it under section 12A.

6

In section 12 (power to invest), at the end insert—

This is subject to a direction under section 12A (risk-mitigation directions).

7

In section 19 (application to parish and community councils), in subsection (1) for “9 to 13” substitute “9 to 12, 13”.

8

In section 23 (meaning of “local authority” in Chapter 3 of Part 1), in subsection (4), after “1 to 8,” insert “12A to 12D,”.

Council tax

I1279Long-term empty dwellings: England

1

In section 11B of the Local Government Finance Act 1992 (higher amount for long-term empty dwellings: England)—

a

after subsection (1C) insert—

1D
In exercising its functions under this section a billing authority must have regard to any guidance issued by the Secretary of State.

b

in subsection (8), for “2 years” substitute “1 year”.

2

The amendments made by subsection (1) have effect for financial years beginning on or after 1 April 2024 (and, in relation to the amendment made by subsection (1)(b), it does not matter whether the period mentioned in section 11B(8) of the Local Government Finance Act 1992 begins before this section comes into force).

I1380Dwellings occupied periodically: England

1

The Local Government Finance Act 1992 is amended in accordance with subsections (2) and (3).

2

After section 11B (higher amount for long-term empty dwellings: England) insert—

11CHigher amount for dwellings occupied periodically: England
1
For any financial year, a billing authority in England may by determination provide in relation to its area, or such part of its area as it may specify in the determination, that if on any day the conditions mentioned in subsection (2) are satisfied in respect of a dwelling—
a
the discount under section 11(2)(a) does not apply, and
b
the amount of council tax payable in respect of that dwelling and that day is increased by such percentage of not more than 100 as it may specify in the determination.
2
The conditions are—
a
there is no resident of the dwelling, and
b
the dwelling is substantially furnished.
3
A billing authority’s first determination under this section must be made at least one year before the beginning of the financial year to which it relates.
4
In exercising its functions under this section a billing authority must have regard to any guidance issued by the Secretary of State.
5
Where a determination under this section has effect in relation to a class of dwellings—
a
the billing authority may not make a determination under section 11A(3), (4) or (4A) in relation to that class, and
b
any determination that has been made under section 11A(3), (4) or (4A) ceases to have effect in relation to that class.
6
A billing authority may make a determination varying or revoking a determination under this section for a financial year, but only before the beginning of the year.
7
Where a billing authority makes a determination under this section it must publish a notice of the determination in at least one newspaper circulating in the area.
8
The notice must be published before the end of the period of 21 days beginning with the date of the determination.
9
The validity of the determination is not affected by a failure to comply with subsection (7) or (8).
11DSection 11C: regulations
1
The Secretary of State may by regulations prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under section 11C.
2
A class of dwellings may be prescribed under subsection (1) by reference to such factors as the Secretary of State thinks fit and may, amongst other factors, be prescribed by reference to—
a
the physical characteristics of, or other matters relating to, dwellings;
b
the circumstances of, or other matters relating to, any person who is liable to the amount of council tax concerned.
3
The Secretary of State may by regulations specify a different percentage limit for the limit which is for the time being specified in section 11C (1)(b).
4
A statutory instrument containing regulations made under subsection (3) may not be made unless a draft of the instrument has been approved by resolution of the House of Commons.

“regulations” means regulations made by the Secretary of State;
“specified” means specified in regulations;
“street” has the meaning given by section 48(1) of the New Roads and Street Works Act 1991.

12

Schedule 5 contains amendments which are consequential on this section.

Other provision

I3382Powers of parish councils

After section 19 of the Local Government Act 1894 (provisions as to small parishes), insert—

19APowers under other enactments
1
Nothing in this Part affects any powers, duties or liabilities conferred on a parish council by or under any other enactment (whenever passed or made).
2
This section does not apply in relation to community councils (see section 179(4) of the Local Government Act 1972).

I3483The Common Council of the City of London: removal of voting restrictions

1

In section 618 of the Housing Act 1985 (the Common Council of the City of London), omit subsections (3) and (4).

2

In section 224 of the Housing Act 1996 (the Common Council of the City of London), omit subsections (3) and (4).