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Levelling-up and Regeneration Act 2023
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Changes to legislation:
Levelling-up and Regeneration Act 2023, Section 46 is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 46:
- Sch. 20 Pt. 1 para. 4 coming into force by S.I. 2024/1138 reg. 2(h)
- Sch. 20 Pt. 1 para. 5 coming into force by S.I. 2024/1138 reg. 2(h)
- Sch. 20 Pt. 1 para. 6 coming into force by S.I. 2024/1138 reg. 2(h)
- Sch. 20 Pt. 1 para. 7 coming into force by S.I. 2024/1138 reg. 2(h)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 20 Pt. 1 para. 4 coming into force by S.I. 2024/1138 reg. 2(h)
- Sch. 20 Pt. 1 para. 5 coming into force by S.I. 2024/1138 reg. 2(h)
- Sch. 20 Pt. 1 para. 6 coming into force by S.I. 2024/1138 reg. 2(h)
- Sch. 20 Pt. 1 para. 7 coming into force by S.I. 2024/1138 reg. 2(h)
46Requirements in connection with establishment of CCAE+W
This section has no associated Explanatory Notes
(1)The Secretary of State may make regulations establishing a CCA for an area only if—
(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,
(b)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,
(c)where a proposal for the establishment of the CCA has been submitted under section 45, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,
(d)the constituent councils consent, and
(e)any consultation required by subsection (3) has been carried out.
(2)If a proposal for the establishment of the CCA has been submitted under section 45, the Secretary of State must have regard to the proposal in making the regulations.
(3)The Secretary of State must carry out a public consultation unless—
(a)a proposal has been prepared under section 45,
(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
(c)the Secretary of State considers that no further consultation is necessary.
(4)Subsection (5) applies where the Secretary of State is considering whether to make regulations establishing a CCA for an area and—
(a)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.
Commencement Information
I1S. 46 in force at 26.12.2023, see s. 255(2)(c)
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