Levelling-up and Regeneration Act 2023

47 Proposal for changes to existing arrangements relating to CCA E+W

(1) One or more authorities to which this section applies may—

(a) prepare a proposal for the making of regulations under section 10, 16, 18, 19, 21, 22, 25, 26, 27, 30 or 33 in relation to an existing CCA, and

(b) submit the proposal to the Secretary of State.

(2) This section applies to the following authorities—

(a) the CCA;

(b) a county council whose area is within the area of the CCA;

(c) a unitary district council whose area is within the area of the CCA;

(d) in the case of a proposal for the making of regulations under section 25 to add the area of a county council to the area of the CCA, that county council;

(e) in the case of a proposal for the making of regulations under section 25 to add the area of a unitary district council to the area of the CCA, that unitary 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 CCA, and

(ii) in the case of a proposal for the making of regulations under section 25 to add a relevant local government area to the area of the CCA, that relevant 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 regulations is submitted to the Secretary of State, each person who would have to consent to the making of the regulations 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 (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.

Commencement Information

I1 S. 47 in force at 26.12.2023, see s. 255(2)(c)