Cities and Local Government Devolution Act 2016

(65A) (1) An English National Park authority may do— (a) anything it considers appropriate for the purposes of the carrying out of any of its functions (its “functional purposes”), (b) anything it considers appropriate for purposes incidental (whether directly or indirectly) to its functional purposes, (c) anything it considers to be connected with— (i) any of its functions, or (ii) anything it may do under paragraph (a) or (b), and (d) for a commercial purpose, anything which it may do under any of paragraphs (a) to (c) otherwise than for a commercial purpose. (2) Where subsection (1) confers power on an English National Park authority to do something, it confers power (subject to section 65B) to do it anywhere in the United Kingdom or elsewhere. (3) Power conferred on an English National Park authority by subsection (1) is in addition to, and is not limited by, the other powers of the authority. (4) In this section, and in sections 65B and 65C, “English National Park authority” means a National Park authority for a National Park in England. (65B) (1) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a pre-commencement limitation. (2) Section 65A(1) does not enable an English National Park authority to do anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply— (a) to its power under section 65A(1), (b) to all of its powers, or (c) to all of its powers but with exceptions that do not include its power under section 65A(1). (3) If exercise of a pre-commencement power of an English National Park authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 65A(1) so far as that power is overlapped by the pre-commencement power. (4) Section 65A(1) does not authorise an English National Park authority to borrow money. (5) Section 65A(1)(a) to (c) do not authorise an English National Park authority to charge a person for anything it does otherwise than for a commercial purpose. (6) Section 65A(1)(d) does not authorise an English National Park authority to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person. (7) Where under section 65A(1)(d) an English National Park authority does things for a commercial purpose, it must do them through— (a) a company within the meaning given by section 1(1) of the Companies Act 2006, or (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014. (8) In this section— - “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that— 1. is contained in an Act passed after the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or 2. is contained in an instrument made under an Act and comes into force on or after the commencement of section 22 of that 2016 Act; - “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that— 1. is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or 2. is contained in an instrument made under an Act and comes into force before the commencement of section 22 of that 2016 Act; - “pre-commencement power” means power conferred by a statutory provision that— 1. is contained in an Act passed no later than the end of the Session in which the Cities and Local Government Devolution Act 2016 is passed, or 2. is contained in an instrument made under an Act and comes into force before the commencement of section 22 of that 2016 Act; - “statutory provision” means a provision of an Act or of an instrument made under an Act. (65C) (1) The Secretary of State may by regulations make provision preventing an English National Park authority from doing under section 65A(1) anything which is specified, or is of a description specified, in the regulations. (2) The Secretary of State may by regulations provide for the exercise by English National Park authorities of the power conferred by section 65A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations. (3) Before making regulations under subsection (1) or (2) the Secretary of State must consult— (a) such representatives of English National Park authorities, and (b) such other persons (if any), as the Secretary of State considers appropriate. (4) Subsection (3) 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 English National Park authorities, or (b) so that the earlier regulations, or any provision of the earlier regulations, cease to apply English National Park authorities. (65D) (1) The power to make regulations under section 65C— (a) is exercisable by statutory instrument; (b) includes power to make different provision for different purposes; (c) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision; (d) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before the Cities and Local Government Devolution Act 2016 or in the same Session as that Act. (2) A statutory instrument containing regulations under section 65C may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3) Subsection (2) does not apply to a statutory instrument that contains regulations only of the following kind— (a) regulations under section 65C(1) that make provision for the purpose mentioned in section 65C(4)(b); (b) regulations under section 65C(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose; (c) regulations made by virtue of subsection (1)(c) that do not contain provision amending or repealing a provision of an Act. (4) A statutory instrument to which subsection (2) does not apply is subject to annulment by resolution of either House of Parliament. (5) If a draft of regulations under section 65C 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 a hybrid instrument.

Final provisions

Minor and consequential amendments

23

• (1) Schedule 5 contains minor and consequential amendments.

• (2) The Secretary of State may by regulations make provision that is consequential on any provision of, or made under, this Act.

• (3) The power to make regulations under this section—

• (a) is exercisable by statutory instrument;

• (b) includes power to make transitional, transitory or saving provision;

• (c) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act passed before this Act or in the same Session.

• (4) A statutory instrument containing regulations under this section that amend or repeal any provision of an Act (whether alone or with other provision) may be made only if a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

• (5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

24

This Act extends to England and Wales only.

Commencement

25

• (1) This section, and sections 24 and 26, come into force on the day on which this Act is passed.

• (2) The other provisions of this Act—

• (a) so far as is necessary for the purpose of enabling the exercise, on or after the day on which this Act is passed, of any power to make provision by order or regulations made by statutory instrument, come into force on the day on which this Act is passed, and

• (b) come into force for remaining purposes, at the end of the period of two months beginning with the day on which this Act is passed.

• (3) The Secretary of State may by regulations make saving, transitory or transitional provision in connection with the coming into force of any provision of this Act.

• (4) Regulations under this section—

• (a) are to be made by statutory instrument;

• (b) may make different provision for different purposes.

Short title

26

This Act may be cited as the Cities and Local Government Devolution Act 2016.

SCHEDULE 1

This is the Schedule to be inserted after Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009—

SCHEDULE 2

This is the Schedule to be inserted as Schedule 5C to the Local Democracy, Economic Development and Construction Act 2009—

SCHEDULE 3

This is the Schedule to be inserted as Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009—

SCHEDULE 4

1

The National Health Service Act 2006 is amended as follows.

2

• (1) Section 7A (exercise of Secretary of State's public health functions) is amended as follows.

• (2) In subsection (2), after paragraph (c) insert—

(d) a combined authority.

• (3) In subsection (4), after “group” insert “ or a combined authority ”.

3

In section 13Z (exercise of functions), after subsection (6) insert—

(7) This section is subject to sections 13ZA and 13ZB in the case of arrangements that are devolved arrangements (within the meaning of section 13ZA).

4

After section 13Z insert—

(13ZA) (1) This section applies to arrangements under section 13Z(2) for one or more functions of the Board to be exercised in relation to a particular area by or jointly with a relevant prescribed body (“devolved arrangements”). (2) “Relevant prescribed body” means a body prescribed under section 13Z(2)(c) that is either— (a) a combined authority whose area includes the whole or part of the area to which the arrangements relate, or (b) a local authority (within the meaning of section 2B) whose area includes the whole or part of that area. (3) The power of the Board under section 13Z(2) to enter into devolved arrangements in relation to any functions includes power to arrange for such functions to be exercised in relation to the area to which the arrangements relate— (a) by the relevant prescribed body jointly with one or more other eligible bodies; (b) jointly with the Board, the relevant prescribed body and one or more other eligible bodies. (4) A body is an “eligible body” if it— (a) falls within paragraph (a), (b) or (c) of section 13Z(2), and (b) exercises functions in relation to the area to which the arrangements relate. (5) Where, by virtue of subsection (3), the Board enters into devolved arrangements with a relevant prescribed body and one or more eligible bodies, at least one of those eligible bodies must be a clinical commissioning group. (6) Where, by virtue of subsection (3), one or more eligible bodies are a party to devolved arrangements, the power under section 13Z(4) to establish a joint committee includes a power to establish a joint committee of which one or more of the eligible bodies are members. (7) But the members of a joint committee established under section 13Z(4) by virtue of subsection (6) must include— (a) the relevant prescribed body; (b) at least one clinical commissioning group with whom a function is exercised jointly under the devolved arrangements; (c) if under the devolved arrangements a function is exercisable jointly with the Board, the Board. (8) The terms and conditions on which devolved arrangements are made may include terms authorising a joint committee established by virtue of subsection (6) to establish and maintain a pooled fund. (9) A pooled fund is a fund— (a) which is made up of payments received from the Board under the devolved arrangements in accordance with terms of payment agreed under section 13Z(5), and (b) out of which payments may be made towards expenditure incurred in the discharge of any of the functions in relation to which the devolved arrangements are made. (13ZB) (1) This section applies to arrangements under section 13Z(2) that are or include arrangements in relation to the exercise of a relevant commissioning function. (2) “Relevant commissioning function” means a function of the Board under section 3B(1)(d) of arranging for the provision of services or facilities in respect of a particular area (“the commissioning area”). (3) The power to enter into the arrangements under section 13Z is subject to the following provisions of this section. (4) The arrangements must provide for the relevant commissioning function to be exercisable by at least one relevant prescribed body jointly with— (a) one or more eligible bodies, or (b) the Board and one or more eligible bodies, (and the arrangements are, accordingly, devolved arrangements to which section 13ZA applies). (5) At least one of the eligible bodies mentioned in subsection (4) must be a clinical commissioning group. (6) The Board may enter into the arrangements in relation to the provision of a service or facility in the commissioning area only if it considers it appropriate to do so having regard to— (a) the impact on the provision of the service or facility in the commissioning area; (b) the impact on the provision of the service or facility in other areas; (c) the number of persons in the commissioning area to whom the service or facility is provided; (d) the number of persons who are able to provide the service or facility; (e) the cost of providing the service or facility; (f) the financial implications for the relevant prescribed body, and for other bodies, with whom the arrangements are made. (7) Regulations may provide for this section not to apply to arrangements so far as relating to a relevant commissioning function of a prescribed description. (8) In this section, “eligible body” and “relevant prescribed body” have the same meaning as in section 13ZA.

5

After section 14Z3 insert—

(14Z3A) (1) A clinical commissioning group may arrange for— (a) any commissioning function of the group to be exercised jointly with a combined authority; (b) any commissioning function that the group exercises on behalf of another clinical commissioning group under section 14Z3(2)(a) to be exercised jointly with a combined authority. (2) Two or more clinical commissioning groups may arrange for any commissioning functions of those groups that are exercised jointly with each other under section 14Z3(2)(b) to be exercised jointly also with a combined authority. (3) Regulations may provide that the powers in subsections (1) and (2) do not apply in relation to a commissioning function of a prescribed description. (4) Where any commissioning functions of a clinical commissioning group (or groups) are exercised jointly with a combined authority under subsection (1) or (2), they may be exercised by a joint committee of the group (or groups) and the authority. (5) Arrangements under subsection (1) or (2) may be on such terms and conditions (including terms as to payment) as may be agreed between the clinical commissioning group (or groups) and the combined authority. (6) Where two or more clinical commissioning groups enter into arrangements with the same combined authority under subsection (1) or (2), the terms as to payment mentioned in subsection (5) may include terms authorising a joint committee established under subsection (4) to establish and maintain a pooled fund. (7) A pooled fund is a fund— (a) which is made up of payments received under the arrangements from all the groups that are parties to the arrangements, and (b) out of which payments may be made towards expenditure incurred in the exercise of any of the commissioning functions in respect of which the arrangements are made. (8) Arrangements under subsection (1) or (2) do not affect the liability of a clinical commissioning group for the exercise of any of its functions. (9) In this section “commissioning functions” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service (but does not include the function of making a request to the Board for the purposes of section 14Z9).

6

In section 75 (arrangements between NHS bodies and local authorities), after subsection (7) insert—

(7A) For the purposes of this section, a combined authority that exercises a prescribed function within subsection (1)(a) of an NHS body under voluntary arrangements is to be treated as an NHS body. (7B) “Voluntary arrangements” means arrangements made with the combined authority under— (a) section 7A (exercise of Secretary of State's public health functions), (b) section 13Z (exercise of the Board's functions), or (c) section 14Z3A (joint exercise of functions with clinical commissioning groups). (7C) Regulations under this section, so far as made before or in the same Session as that in which the Cities and Local Government Devolution Act 2016 is passed, apply to a combined authority that is treated as an NHS body by virtue of subsection (7A) as if it were a prescribed NHS body for the purposes of those regulations. (7D) But a combined authority to which regulations under this section apply by virtue of subsection (7C) may enter into prescribed arrangements in relation to the exercise only of functions within subsection (1)(a) that are exercisable by the authority under voluntary arrangements. (7E) Regulations under this section may provide for the regulations to apply in relation to a combined authority subject to any prescribed limitations or conditions. (7F) Nothing in subsection (7D) prevents a combined authority from being a party to arrangements made by virtue of this section in relation to any prescribed functions of an NHS body that are exercisable by the authority as a result of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009 (public authority functions exercisable by combined authorities).

7

• (1) Section 251 (control of patient information) is amended as follows.

• (2) In subsection (2)(a), after “health service bodies” insert “ or relevant social care bodies ”.

• (3) After subsection (12) insert—

(12A) In this section— - “care” includes local authority social care, - “local authority social care” means— 1. social care provided or arranged for by a local authority, and 2. any other social care all or part of the cost of which is paid for with funds provided by a local authority, - “patient” includes an individual who needs or receives local authority social care or whose need for such care is being assessed by a local authority, - “social care” includes all forms of personal care and other practical assistance provided for individuals who are in need of such care or assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances.

• (4) In subsection (13), at the end insert—

“relevant social care body” means— (a) a local authority, or (b) any other body or person engaged in the provision of local authority social care.

8

In section 275(1) (interpretation), after the definition of “clinical commissioning group” insert—

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

.

9

In section 276 (index of defined expressions), at the appropriate place insert—

combined authority	section 275(1)

.

SCHEDULE 5

Local Government Act 1972

1

The Local Government Act 1972 is amended as follows.

2

In section 100E (application of Part 5A to committees and sub-committees), in subsection (3) after paragraph (b) insert—

(bba) a committee in place by virtue of section 107D(3)(c)(ii) of the Local Democracy, Economic Development and Construction Act 2009; (bbb) a joint committee in place by virtue of section 107E of that Act;

.

3

In section 100J (application of Part 5A to new authorities etc)—

• (a) in subsection (1) after paragraph (be) insert—

(bf) a sub-national transport body;

;

• (b) in subsection (3), after “(be),” insert “ (bf), ”;

• (c) in subsection (4), in paragraph (a) after “joint authority,” insert “ a sub-national transport body, ”.

4

In section 101 (arrangements for discharge of functions by local authorities)—

• (a) after subsection (1C) insert—

(1D) A combined authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority. (1E) “Mayoral function” has the meaning given by section 107G(7) of the Local Democracy, Economic Development and Construction Act 2009.

;

• (b) after subsection (5B) insert—

(5C) Arrangements under subsection (5) by two or more local authorities with respect to the discharge of any of their functions cease to have effect with respect to that function if, or to the extent that, the function becomes a general function of a mayor for the area of a combined authority. (5D) Subsection (5C) does not prevent arrangements under subsection (5) being entered into in respect of that function by virtue of section 107E of the Local Democracy, Economic Development and Construction Act 2009 (joint exercise of general functions). (5E) In subsection (5C), “general functions” has the meaning given in section 107D(2) of that Act.

;

• (c) in subsection (13) after “combined authority,” insert “ a sub-national transport body, ”.

5

In section 270 (general provisions as to interpretation), in subsection (1) after the definition of “specified papers” insert—

“sub-national transport body” means a sub-national transport body established under section 102E of the Local Transport Act 2008;

.

Local Government Act 1985

6

The Local Government Act 1985 is amended as follows.

7

In section 72 (accounts and audit), for subsection (5) substitute—

(5) Any reference in this section to a new authority includes a reference to— (a) the London Fire and Emergency Planning Authority; (b) a sub-national transport body established under section 102E of the Local Transport Act 2008; (c) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

8

In section 73 (financial administration), in subsection (2) after “reference to” insert

— (a) a sub-national transport body established under section 102E of the Local Transport Act 2008; (b)

.

Local Government Finance Act 1988

9

The Local Government Finance Act 1988 is amended as follows.

10

In section 74 (levies), omit subsection (9).

11

In section 143 (orders and regulations), after subsection (4A) insert—

(4B) The power to make regulations under section 74 above, so far as they are made in relation to a combined authority by virtue of subsection (8) of that section, shall be exercisable by statutory instrument, and no such regulations shall be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

Local Government and Housing Act 1989

12

• (1) The Local Government and Housing Act 1989 is amended as follows.

• (2) In section 4 (designation and reports of head of paid service), in subsection (6)(a) for “, (ja) and (jb)” substitute “ and (ja) to (jc) ”.

• (3) In section 13 (voting rights of members of certain committees: England and Wales), in the definition of “relevant authority” in subsection (9), for “(jb)” substitute “ (jc) ”.

• (4) In section 20 (duty to adopt certain procedural standing orders), in subsection (4)(a) for “(jb)” substitute “ (jc) ”.

• (5) In section 21 (interpretation of Part 1 of Act), in subsection (1) after paragraph (jb) insert—

(jc) a sub-national transport body established under section 102E of the Local Transport Act 2008;

.

Railways Act 1993

13

• (1) Section 24A of the Railways Act 1993 (Secretary of State franchise exemptions: operator agreements) is amended as follows.

• (2) In subsection (4)—

• (a) in paragraph (a), after sub-paragraph (i) insert—

(ia) an STB,

;

• (b) in paragraph (b), after “Executive” insert “ , an STB ”;

• (c) in paragraph (c)(i), after “Executive” insert “ , STB ”;

• (d) in paragraph (c)(ii), after “Executive” insert “ , STB ”.

• (3) In subsection (5)—

• (a) in paragraph (a) of the definition of “relevant company”, after “Executive” insert “ , an STB ”;

• (b) in paragraph (b) of that definition, after “Executive” insert “ , an STB ”;

• (c) after that definition insert—

• “STB” means a sub-national transport body established under section 102E of the Local Transport Act 2008.

Environment Act 1995

14

• (1) Section 65 of the Environment Act 1995 (National Park authorities: general purposes and powers) is amended as follows.

• (2) In subsection (5), after paragraph (b) insert—

Paragraph (b) is subject to subsection (6A).

• (3) After subsection (6) insert—

(6A) Subsection (5)(b) does not apply in relation to a National Park authority for a National Park in England (see instead section 65A for general powers of such authorities).

Local Government Act 1999

15

In section 1 of the Local Government Act 1999 (best value authorities), in subsection (1) after paragraph (hb) insert—

(hc) a sub-national transport body established under section 102E of the Local Transport Act 2008;

.

Freedom of Information Act 2000

16

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 2 (local government: England and Wales), after paragraph 28 insert—

(28A) A sub-national transport body established under section 102E of the Local Transport Act 2008.

Local Democracy, Economic Development and Construction Act 2009

17

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

18

• (1) Section 91 (exercise of local authority functions) is amended as follows.

• (2) In subsection (1), after “an area” insert “ all or part of which is ”.

• (3) In subsection (4)—

• (a) omit “or” at the end of paragraph (a);

• (b) after paragraph (b) insert—

(c) for the function to be exercisable by the EPB and the local authority jointly, or (d) for the function to be exercisable by the EPB jointly with the local authority but also continue to be exercisable by the local authority alone.

19

In section 104 (constitution and functions: transport), after subsection (2) insert—

(2A) But section 85 of that Act, in its application to a combined authority by virtue of subsection (2), is subject to subsections (2B) and (2C). (2B) If the area of the combined authority includes the area of the whole of a county that comprises the areas of one or more district councils, the representative councils for the purposes of section 85(1)(c) of that Act (as applied to a combined authority) are either the county council or the council for each of the districts (as determined by or in accordance with the order). (2C) In relation to a mayoral combined authority, section 85(4) of that Act is not to be taken as preventing the mayor from being a voting member of the authority. (2D) An order under subsection (1)(c) may include provision for a function exercisable by a local authority in relation to an area all or part of which is comprised in the combined authority's area to be exercisable by the combined authority in relation to the combined authority's area.

20

In section 106 (changes to boundaries of combined authority's area), in subsection (2) omit “and” at the end of paragraph (a).

21

• (1) Section 107 (dissolution of combined authority's area) is amended as follows.

• (2) In subsection (2)—

• (a) for “only if a majority” substitute

only if— (a) a majority

;

• (b) after “the order” insert

, and (b) in the case of an order made in respect of a mayoral combined authority, the mayor for the area of the authority also consents to the making of the order.

• (3) After subsection (4) insert—

(4A) The order— (a) may transfer functions from the combined authority to any other public authority; (b) may provide for any function of the combined authority to no longer be exercisable in relation to the combined authority's area.

22

In section 111 (review by authorities: existing combined authority), in subsection (3)(a), for “any of sections 104 to 107” substitute “ section 104, 105, 106 or 107 ”.

23

In section 112 (preparation and publication of scheme: existing combined authority), in subsection (1), for “sections 104 to 107” substitute “ sections 104, 105, 106 and 107 ”.

24

In section 113 (requirements in connection with changes to existing combined arrangements), after subsection (3) insert—

(4) This section does not apply to an order under section 106(1)(b) that is made as a result of the duty in section 105B(5) or 107B(4).

25

In section 113A (general power of EPB or combined authority), after subsection (3) insert—

(4) This section does not apply in relation to a combined authority in respect of which an order under section 113D has effect.

26

• (1) Section 114 (incidental etc. provision) is amended as follows.

• (2) After subsection (1) insert—

(1A) In relation to an order under Schedule 5B, subsection (1) has effect as if the reference to the Secretary of State were a reference to the Secretary of State or the Chancellor of the Duchy of Lancaster.

• (3) Omit subsection (2).

• (4) In subsection (3), for “by virtue of subsection (2)” substitute “ in an order under this section by virtue of section 117(5) ”.

27

In section 115 (transfer of property, rights and liabilities), in subsection (1) after “liabilities” insert “ (including criminal liabilities) ”.

28

In section 116 (consequential amendments), after subsection (1) insert—

(1A) In relation to an order under Schedule 5B, subsection (1) has effect as if the references to the Secretary of State were references to the Secretary of State or the Chancellor of the Duchy of Lancaster.

29

• (1) Section 117 (orders) is amended as follows.

• (2) After subsection (1) insert—

(1A) An order under this Part may make different provision for different authorities or descriptions of authority or otherwise for different purposes.

• (3) After subsection (4) insert—

(5) An order under any provision of this Part, other than an order under section 116 or an order mentioned in subsection (2A)(a) or (b), may include provision amending, applying (with or without modifications), disapplying, repealing or revoking any enactment whenever passed or made.

30

• (1) In section 120 (interpretation)—

• (a) after the definition of “combined authority” insert—

“deputy mayor” has the meaning given by section 107C(7); “general functions” has the meaning given by section 107D(2);

;

• (b) after the definition of “local government area” insert—

“mayor”, in relation to the area of a combined authority, means the mayor for the area of the authority by virtue of an order under section 107A(1); “mayoral combined authority” has the meaning given by section 107A(8); “PCC functions” has the meaning given by section 107F(3);

.

Equality Act 2010

31

In Schedule 19 to the Equality Act 2010 (public authorities), in Part 1 (general), after the entry “A joint authority established under Part 4 of that Act for an area in England (including, by virtue of section 77(9) of the Local Transport Act 2008, an Integrated Transport Authority established under Part 5 of that Act of 2008)” insert— “ A sub-national transport body established under section 102E of the Local Transport Act 2008. ”

Localism Act 2011

32

The Localism Act 2011 is amended as follows.

33

• (1) Section 15 (power to transfer local public functions to permitted authorities) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), for “a permitted authority” substitute “ an EPB ”;

• (b) in paragraph (b), for “permitted authorities” substitute “ EPBs ”.

• (3) Omit subsection (4).

• (4) In subsections (6) and (7), for “permitted authority” substitute “ EPB ”.

• (5) In subsection (8), for “a permitted authority” substitute “ an EPB ”.

34

In section 17 (transfer schemes), in subsection (1), for “permitted authority” substitute “ EPB ”.

35

• (1) Section 18 (duty to consider proposals for exercise of powers under sections 15 and 17) is amended as follows.

• (2) In subsection (1)—

• (a) for “a permitted authority” substitute “ an EPB ”;

• (b) in paragraph (b), for “permitted authority” substitute “ EPB ”.

• (3) In subsection (3), in paragraph (a), for “permitted authority” substitute “ EPB ”.

36

In section 20 (interpretation) at the appropriate place insert—

“EPB” means an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

.

Local Audit and Accountability Act 2014

37

• (1) The Local Audit and Accountability Act 2014 is amended as follows.

• (2) In section 40 (access to local government meetings and documents), in subsection (6) after paragraph (j) insert—

(ja) a sub-national transport body,

.

• (3) In section 44 (interpretation of Act), in subsection (1) after the definition of “special trustees for a hospital” insert—

“sub-national transport body” means a sub-national transport body established under section 102E of the Local Transport Act 2008.

.

• (4) In Schedule 2 (relevant authorities), after paragraph 28 insert—

(28A) A sub-national transport body.

Devolution: annual report

Financial matters

Other public authority functions

General power of competence

Removal of geographical restrictions in relation to combined authorities

Changes to existing EPB

Requirements in connection with establishment etc of combined authority

Power to transfer etc public authority functions to certain local authorities

Section 16: procedure etc

Referendums to undo change to mayor and cabinet executive

Minor and consequential amendments

This is the Schedule to be inserted after Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009—

This is the Schedule to be inserted as Schedule 5C to the Local Democracy, Economic Development and Construction Act 2009—

This is the Schedule to be inserted as Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009—

Local Government Act 1972

Local Government Act 1985

Local Government Finance Act 1988

Local Government and Housing Act 1989

Railways Act 1993

Environment Act 1995

Local Government Act 1999

Freedom of Information Act 2000

Local Democracy, Economic Development and Construction Act 2009

Equality Act 2010

Localism Act 2011

Local Audit and Accountability Act 2014

Editorial notes

[^c22562521]: S. 15 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)

[^c22562541]: S. 16 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)

[^c22562551]: S. 17 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)

[^c22562561]: S. 18 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)

[^c22562571]: S. 23 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)

[^key-5ffcc77452b6530e09ebed4b8b3176e7]: S. 18(2)(b) omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 6 (with reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12);. 2020 c. 1, Sch. 5 para. 1(1)

[^key-806545f5b9316a3aa2fef605f94d0d37]: Words in s. 18 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-def77189c30e216d00183cbd8d2b110d]: Words in s. 18(2)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 33; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-047ed6b14c260cc053afc35a1e395d77]: Words in s. 18(5)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 33; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-37db7d2e28b23be3f6025cd564498a87]: Words in s. 18(5)(b) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 228(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-2f507d2bde7087911e908379691594aa]: Words in s. 18(3)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 228(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-24a88d59027cbf18a74c0662b6193948]: Words in s. 18(5)(f) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 228(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-1d89d4b62cf5e4b1a5691fa6c5820394]: S. 17(4A)(4B) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(6)(b), 255(2)(k) (with s. 247)

[^key-5ea226cd9a02981d7c08df3013c92569]: Word in s. 17(1)(a) omitted (26.10.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(6)(a)(i), 255(2)(k) (with s. 247)

[^key-2e1ea5055b8b6017432630dec1eafb3e]: S. 17(1)(c) and word inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(6)(a)(ii), 255(2)(k) (with s. 247)

[^key-6ac4e01cd6ea0e84bb70275489abd4fa]: Words in s. 1(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 204(2) (with s. 247)

[^key-9db12ed80769618efaa7f900d1c50e43]: Words in s. 1(2)(c) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 204(3)(a) (with s. 247)

[^key-f6fcf574aa75be4cd31497bfd438ef65]: Words in s. 1(2)(e) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 204(3)(b) (with s. 247)

[^key-d4a9a6c873064bd07f9d612ccfe8b06f]: Words in s. 1(4) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 204(4) (with s. 247)

[^key-94d61d6f89ab0ac17d520b0b5a97362b]: S. 17(4C) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 73(b), 255(2)(l) (with s. 247)

[^key-db1226f2185bdf96ad1ea5075e65ff6c]: Words in s. 17(1)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 73(a), 255(2)(l) (with s. 247)

[^key-86c80b3c027495cbe73b7c70077a3851]: Words in s. 18(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 205(3) (with s. 247)

[^key-f7d85855f0321d3f8444f85013e3b0f0]: Words in s. 18(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 205(2)(a) (with s. 247)

[^key-e00f3ff90ed417aa4d766ade9d60ed9c]: Words in s. 18(1)(c) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 205(2)(b) (with s. 247)

[^key-ed4dece54ae18c3b0c34cdb907f14250]: Words in s. 18(7) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 205(4)(a) (with s. 247)

[^key-28a8c3f8c84bda09bd018289fa732af9]: Words in s. 18(7)(a) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 205(4)(b) (with s. 247)

[^key-279f9d340621caf78a965896120f0e6c]: Words in s. 18(7)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 205(4)(b) (with s. 247)

[^key-b02e94bd70d4c6407c40092d1e2273fe]: Words in s. 18(8) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 205(5)(a) (with s. 247)

[^key-d5a8efac17e4a46157befb23e8034c87]: Words in s. 18(8) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 205(5)(b) (with s. 247)

Amendments of the National Health Service Act 2006

English National Park authorities: general powers