Levelling-up and Regeneration Act 2023

20 Section 19 regulations: procedure E+W

(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) to be a function exercisable only by the mayor.

See section 31 in relation to regulations of this kind.

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

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

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

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

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

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

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

(7) The report must include—

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

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

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

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

(a) each constituent council, and

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

Commencement Information

I1 S. 20 in force at 26.12.2023, see s. 255(2)(c)