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Levelling-up and Regeneration Act 2023

Type Public General Act

Publication 2023-10-26

Last updated 2026-07-27

State In force

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Source legislation.gov.uk

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(66A) (1) The Secretary of State may by regulations make provision— (a) requiring a National Park Management Plan for a park in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021; (b) setting out how such a Management Plan must contribute to the meeting of such targets; (c) setting out how such a Management Plan must further the purposes specified in section 5(1) of the National Parks and Access to the Countryside Act 1949. (2) The Secretary of State may by regulations make provision— (a) requiring a relevant authority other than a devolved Welsh authority to contribute to the preparation, implementation or review of a National Park Management Plan for a park in England; (b) setting out how such a relevant authority may or must do so. (3) In this section— - “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act); - “relevant authority” has the same meaning as in section 11A of the National Parks and Access to the Countryside Act 1949. (66B) (1) The power to make regulations under section 66A— (a) is exercisable by statutory instrument; (b) includes power to make different provision for different purposes or different areas; (c) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision. (2) A statutory instrument containing regulations under section 66A is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The Countryside and Rights of Way Act 2000 is amended in accordance with subsections (6) to (10).

(6) In section 85 (general duty of public bodies etc)—

(a) before subsection (1), insert—

(A1) In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a relevant authority other than a devolved Welsh authority must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty. (A2) In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a devolved Welsh authority must have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.

(b) in subsection (1), after “beauty”, in the first place it occurs, insert “in Wales”;

(1A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (A1) (including provision about things that the authority may, must or must not do to comply with the duty).

(d) in subsection (3), after “(2)—” insert—

“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);

(7) In section 87 (general purposes and powers)—

(a) before subsection (1) insert—

(A1) It is the duty of a conservation board established in relation to an area in England, in the exercise of their functions, to seek to further— (a) the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and (b) the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty, but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).

(b) in subsection (1), after “board”, in the first place it occurs, insert “established in relation to an area in Wales”;

(c) in subsection (2), for the words from “while” to “(1)” substitute “whilst fulfilling their duties under subsection (A1) or (1) (as the case may be)”.

(8) In section 90 (supplementary provisions relating to management plans), after subsection (2) insert—

(2A) The Secretary of State may by regulations make provision— (a) requiring a plan under section 89 relating to an area of outstanding natural beauty in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021; (b) setting out how such a plan must contribute to the meeting of such targets; (c) setting out how a plan under section 89 relating to an area of outstanding natural beauty in England must further the purpose of conserving and enhancing the natural beauty of that area.

(9) After that section insert—

(90A) (1) The Secretary of State may by regulations make provision— (a) requiring a relevant authority other than a devolved Welsh authority to contribute to the preparation, implementation or review of a plan under section 89 relating to an area of outstanding natural beauty in England; (b) setting out how such a relevant authority may or must do so. (2) In this section— - “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act); - “relevant authority” has the same meaning as in section 85.

(10) After section 91 insert—

(91A) (1) A power to make regulations under this Part— (a) is exercisable by statutory instrument; (b) includes power to make different provision for different purposes or different areas; (c) includes power to make consequential, incidental, supplementary, transitional, transitory or saving provision. (2) Regulations under this Part are to be made by statutory instrument. (3) A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

(11) The Norfolk and Suffolk Broads Act 1988 is amended in accordance with subsections (12) to (15).

(12) In section 3 (the Broads Plan), after subsection (6) insert—

(7) The Secretary of State may by regulations make provision— (a) requiring the Broads Plan to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021; (b) setting out how the Broads Plan must contribute to the meeting of such targets; (c) setting out how the Broads Plan must further the purposes mentioned in subsection (8). (8) The purposes are the purposes of— (a) conserving and enhancing the natural beauty, wildlife and cultural heritage of the Broads; (b) promoting opportunities for the understanding and enjoyment of the special qualities of the Broads by the public; and (c) protecting the interests of navigation.

(13) In section 17A (general duty of public bodies etc)—

(a) in subsection (1), for “shall have regard to” substitute “must seek to further”;

(b) after that subsection insert—

(1A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1) (including provision about things that the authority may, must or must not do to comply with the duty).

(14) After that section insert—

(17B) (1) The Secretary of State may by regulations make provision— (a) requiring a relevant authority other than a devolved Welsh authority to contribute to the implementation or review of the Broads Plan; (b) setting out how such a relevant authority may or must do so. (2) In this section— - “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act); - “relevant authority” has the same meaning as in section 17A.

(15) In section 24 (orders and byelaws)—

(a) in the heading, after “orders” insert “, regulations”;

(b) in subsection (1), after “orders” insert “or regulations”;

Part 13 — General

Data protection

246

(1) This section applies to a duty or power, to disclose or use information, imposed or conferred by or under any provision of this Act, other than section 86 (in relation to which see subsection (2) of that section).

(2) A duty or power to which this section applies does not operate to require or authorise the disclosure or use of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation).

(3) In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Crown application

247

(1) This Act binds the Crown, subject to subsections (2) to (4).

(2) The amendments made by this Act bind the Crown only to the extent that the provisions amended bind the Crown.

(3) Part 10 does not apply in relation to land that is Crown land for the purposes of Part 13 of TCPA 1990 (see section 293 of that Act).

(4) Part 11 does not apply in relation to land belonging to His Majesty in right of His private estates (as construed in accordance with section 1 of the Crown Private Estates Act 1862).

Amendments of references to “retained direct EU legislation”

248

In section 166 (3)(e) for “retained direct EU legislation” substitute “assimilated direct legislation”

Abbreviated references to certain Acts

249

In this Act—

“GLAA 1999” means the Greater London Authority Act 1999;

“the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990;

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990;

“PCPA 2004” means the Planning and Compulsory Purchase Act 2004;

“TCPA 1990” means the Town and Country Planning Act 1990.

Power to make consequential provision

250

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

(2) Regulations under this section may amend, repeal or revoke provision made by this Act or any provision made by or under primary legislation passed—

(a) before this Act, or

(b) in the same session of Parliament as this Act.

(3) In this section “primary legislation” means—

(a) an Act,

(b) an Act or Measure of Senedd Cymru,

(d) Northern Ireland legislation.

Power to address conflicts with the Historic Environment (Wales) Act 2023

251

(1) The Secretary of State may by regulations amend this Act, or any Act amended by this Act, in consequence of a relevant amending provision of the Historic Environment (Wales) Act 2023 (“HEWA 2023”) coming into force before a provision of this Act.

(2) That power includes, in relation to an Act amended by this Act, the power to make amendments to serve in place of those contained in this Act.

(3) Amendments made in reliance on subsection (2) must produce in substance the same effect in relation to England as the amendments contained in this Act would produce if the relevant amending provision of HEWA 2023 were ignored.

(4) In this section—

“amend” includes repeal, and related terms are to be read accordingly;

a “relevant amending provision” of HEWA 2023 means a provision of that Act that amends an enactment that— is amended by this Act, or relates to an enactment amended by this Act.

Regulations

252

(1) A power to make regulations under this Act includes power to make—

(a) different provision for different purposes;

(b) different provision for different areas;

(2) A power to make regulations under Chapter 1 of Part 2, in the case of regulations other than regulations under section 13(1) or regulations mentioned in subsection (8)(aa) to (ca) or (8)(l), or regulations under Schedule 1A, includes power to make provision amending, applying (with or without modifications), disapplying, repealing or revoking any enactment whenever passed or made.

(3) Regulations under this Act are to be made by statutory instrument.

(4) A statutory instrument containing regulations that fall within subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) Regulations fall within this subsection if they contain provision (whether alone or with other provision)—

(a) under Chapter 1 of Part 2, other than provision of the kind mentioned in subsection (8)(aa) or (8)(ab) or (8)(ac) or (8)(a) to (ca) or (8)(l);

(b) under section 81(6)(b);

(d) under Part 5 other than section 142(1)(a);

(e) under section 217;

(f) under Part 11;

(g) under section 228;

(h) under section 233;

(i) which—

(i) amends or repeals any provision of primary legislation, and

(ii) is not made under section 251 or under section 250 in consequence of regulations under section 251.

(6) A statutory instrument containing regulations which fall within subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(8) Regulations fall within this subsection if they contain provision (whether alone or with other provision)—

(aa) under section 17B(5);

(ab) under section 32C(2);

(ac) under section 33A;

(a) under section 45(8) or 47(9);

(b) under section 51(1) made only for the purpose mentioned in section 51(5)(b);

(c) under section 51(2) made only for that purpose or for imposing conditions on the doing of things for a commercial purpose;

(ca) under section 52A;

(d) under section 81, other than section 81(6)(b);

(e) under section 108;

(f) under section 142(1)(a);

(g) under section 187;

(h) under Part 10;

(i) under section 230(2)(a)(vii) or (6)(a);

(j) under section 250;

(k) under section 251.

(l) under Schedule 2A.

(9) Subsections (3) to (8) do not apply to regulations under Chapter 1 of Part 3 or Part 6.

(10) Schedule 24 contains provision about regulations made under Chapter 1 of Part 3 or Part 6.

(11) If a draft of a statutory instrument containing regulations under Chapter 1 of Part 2 or section 228 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.

(12) This section does not apply to regulations under section 255.

(13) In this section “primary legislation” means—

(a) an Act,

(b) an Act or Measure of Senedd Cymru,

(d) Northern Ireland legislation.

Financial provisions

253

(1) There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority.

(2) There is to be paid out of the National Loans Fund, the Consolidated Fund or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.

Extent

254

(1) Part 1 extends to England and Wales, Scotland and Northern Ireland.

(2) Part 2 extends to England and Wales only.

(3) In Part 3—

(a) Chapter 1 (including Schedule 13 so far as it relates to Chapter 1 of Part 3) extends to England and Wales, Scotland and Northern Ireland;

(b) an amendment or repeal made by Chapters 2 to 6 has the same extent as the provision amended or repealed;

(d) section 133 extends to England and Wales and Scotland;

(e) section 136 extends to England and Wales only.

(4) Parts 4 and 5 extend to England and Wales only.

(5) Part 6 (including Schedule 13 so far as it relates to Part 6) extends to England and Wales, Scotland and Northern Ireland.

(6) Part 7 extends to England and Wales only.

(7) An amendment or repeal made by Part 8 has the same extent as the provision amended or repealed.

(8) Parts 9 and 10 extend to England and Wales only.

(9) Part 11 extends to England and Wales, Scotland and Northern Ireland.

(10) In Part 12—

(a) sections 228, 229 (and Schedule 22), 230, 233 to 236, 237 (and Schedule 23), 238, 240, 241, 243 and 245 extend to England and Wales only;

(b) sections 231, 232, 239 and 242 extend to England and Wales, Scotland and Northern Ireland;

(11) This Part extends to England and Wales, Scotland and Northern Ireland.

Commencement and transitional provision

255

(1) In Part 1—

(a) section 7 comes into force on the day on which this Act is passed, and

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

(2) In Part 2—

(a) sections 27 and 45 come into force on the day on which this Act is passed;

(b) in Schedule 4—

(i) if a provision amended by any of paragraphs 218, 222, 223 and 224 has not come into force before the end of the period mentioned in paragraph (c), that paragraph comes into force when the provision that it amends comes into force (but otherwise it comes into force at the end of that period);

(ii) paragraphs 226 to 230 come into force on such day as the Secretary of State may by regulations appoint;

(c) the remaining provisions of Chapter 1 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(d) section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(e) sections 59 and 60 come into force on the day on which this Act is passed;

(f) section 61 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(g) section 62 comes into force on the day on which this Act is passed;

(h) sections 63 to 65 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(i) section 66 comes into force on the day on which this Act is passed;

(j) sections 67 to 70 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(k) sections 71 and 72 come into force on the day on which this Act is passed;

(l) sections 73 and 74 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(m) section 75 comes into force on such day as the Secretary of State may by regulations appoint;

(n) section 76 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(o) section 77 comes into force on the day on which this Act is passed;

(p) section 78 comes into force on such day as the Secretary of State may by regulations appoint;

(q) sections 79 and 80 come into force on the day on which this Act is passed;

(r) section 81 (and Schedule 5) come into force on such day as the Secretary of State may by regulations appoint;

(s) sections 82 and 83 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) In Part 3—

(a) sections 108, 109 (so far as it confers a power to make regulations or to make a development order), 112, 113 and 114 (so far as conferring a power to make regulations), 121, 126 to 128, 130 to 133 and 136 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(b) sections 109, 112, 113 and 114 (so far as not already commenced by virtue of paragraph (a)), Schedule 13 (so far as it relates to Chapter 1 of Part 3) and the other provisions come into force on such day as the Secretary of State may by regulations appoint.

(4) Parts 4 and 5 come into force on such day as the Secretary of State may by regulations appoint.

(5) Part 6 (including Schedule 13 so far as it relates to Part 6) comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(6) Part 7 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(7) Parts 8 to 10 come into force on such day as the Secretary of State may by regulations appoint.

(8) Part 11 comes into force on the day on which this Act is passed.

(9) In Part 12—

(a) sections 229 (and Schedule 22), 230, 232, 235, 237 (and Schedule 23), 238 and 244 come into force on such day as the Secretary of State may by regulations appoint;

(b) sections 228, 231, 233, 234, 236, 239 to 243 and 245 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(10) In this Part—

(a) sections 246, 247 and 249 to 256 come into force on the day on which this Act is passed;

(b) section 248 comes into force at the end of 2023.

(11) A power under this section to appoint a day may be exercised to appoint different days for different purposes or areas.

(12) The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

(13) The power to make regulations under subsection (12) includes power to—

(a) make different provision for different purposes;

(b) make different provision for different areas;

(c) confer a discretion on the Secretary of State to determine how something is treated under provision made under that subsection.

(14) Regulations under this section are to be made by statutory instrument.

Short title

256

This Act may be cited as the Levelling-up and Regeneration Act 2023.

Schedule 1 — Combined county authorities: overview and scrutiny committees and audit committee

Functions of overview and scrutiny committee

1

(1) A CCA must arrange for the appointment by the CCA of one or more committees of the authority (referred to in this Schedule as overview and scrutiny committees).

(2) The arrangements must ensure that the CCA’s overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—

(a) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the CCA;

(b) to make reports or recommendations to the CCA with respect to the discharge of any functions that are the responsibility of the CCA;

(3) If the CCA is a mayoral CCA, the arrangements must also ensure that the CCA’s overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—

(a) to review or scrutinise decisions made, or other action taken, in connection with the discharge by the mayor of any general functions;

(b) to make reports or recommendations to the mayor with respect to the discharge of any general functions;

(c) to make reports or recommendations to the mayor on matters that affect the CCA’s area or the inhabitants of the area.

(4) The power of an overview and scrutiny committee under sub-paragraph (2)(a) and (3)(a) to review or scrutinise a decision made but not implemented includes—

(a) power to direct that a decision is not to be implemented while it is under review or scrutiny by the overview and scrutiny committee, and

(b) power to recommend that the decision be reconsidered.

(4A) Paragraph 9 of Schedule 2A makes provision about particular functions of overview and scrutiny committees in relation to commissioners appointed under section 29A.

(5) An overview and scrutiny committee of a CCA must publish details of how it proposes to exercise its powers in relation to the review and scrutiny of decisions made but not yet implemented and its arrangements in connection with the exercise of those powers.

(6) Before complying with sub-paragraph (5) an overview and scrutiny committee must obtain the consent of the CCA to the proposals and arrangements.

(7) An overview and scrutiny committee of a CCA may not discharge any functions other than the functions conferred by or under this Schedule.

(8) Any reference in this Schedule to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.

Overview and scrutiny committees: supplementary provision

2

(1) An overview and scrutiny committee of a CCA—

(a) may appoint one or more sub-committees, and

(b) may arrange for the discharge of any of its functions by any such sub-committee.

(2) A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).

(3) An overview and scrutiny committee of a CCA may not include a member of the CCA (including, in the case of a mayoral CCA, the mayor for the CCA’s area or deputy mayor).

(4) An overview and scrutiny committee of a CCA is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).

(5) Subsections (2) to (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a CCA as they apply to a committee appointed under that section.

(6) An overview and scrutiny committee of a CCA—

(a) may require the members or officers of the CCA to attend before it to answer questions (including, in the case of a mayoral CCA, the mayor for the CCA’s area and deputy mayor), and

(b) may invite other persons to attend meetings of the committee.

(7) A person on whom a requirement is imposed under sub-paragraph (6)(a) is required to comply with the requirement.

(8) A person is not obliged by sub-paragraph (6) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

(9) In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a CCA must have regard to any guidance for the time being issued by the Secretary of State.

(10) Guidance under sub-paragraph (9) may make different provision for different cases or for different descriptions of committee.

(11) In sub-paragraphs (3) to (9) references to an overview and scrutiny committee of a CCA include references to any sub-committee of such a committee.

Power to make further provision about overview and scrutiny committees

3

(1) The Secretary of State may by regulations make further provision about overview and scrutiny committees of a CCA.

(2) Provision under sub-paragraph (1) may in particular include provision—

(a) about the membership of an overview and scrutiny committee and the voting rights of such members;

(b) about the payment of allowances to members of such a committee who are members of a constituent council;

(d) for the appointment of a person to act as a scrutiny officer of an overview and scrutiny committee;

(e) about how and by whom matters may be referred to an overview and scrutiny committee;

(f) requiring persons (whether members of the CCA or other persons) to respond to reports or recommendations made by an overview and scrutiny committee;

(g) about the publication of reports, recommendations or responses;

(h) about information which must, or must not, be disclosed to an overview and scrutiny committee (whether by members of the CCA or by other persons);

(i) as to the minimum or maximum period for which a direction under paragraph 1 (4)(a) may have effect.

(3) Provision must be made under sub-paragraph (2)(a) so as to ensure that the majority of members of an overview and scrutiny committee are members of the CCA’s constituent councils.

(4) Provision must be made under sub-paragraph (2)(c) so as to ensure that the chair of an overview and scrutiny committee is—

(a) an independent person (as defined by the regulations), or

(b) an appropriate person who is a member of one of the CCA’s constituent councils.

(5) For the purposes of sub-paragraph (4)(b) “appropriate person”—

(a) in relation to a mayoral CCA, means a person who is not a member of a registered political party of which the mayor is a member, and

(b) in relation to any other CCA, means a person who is not a member of the registered political party which has the most representatives among the members of the constituent councils (or, if there is no such party because two or more parties have the same number of representatives, is not a member of any of those parties).

(6) In sub-paragraph (2)(d) the reference to a “scrutiny officer” of an overview and scrutiny committee is a reference to a person appointed with the function of—

(a) promoting the role of the committee, and

(b) providing support and guidance—

(i) to the committee and its members, and

(ii) to members of the CCA (so far as relating to the functions of the committee).

(7) Provision under sub-paragraph (2)(g) may include provision for descriptions of confidential or exempt information to be excluded from the publication of reports, recommendations or responses.

(8) In this paragraph “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.

(9) In this paragraph references to an overview and scrutiny committee include references to any sub-committee of such a committee.

Audit committees

4

(1) A CCA must arrange for the appointment by the CCA of an audit committee.

(2) The functions of the audit committee are to include—

(a) reviewing and scrutinising the CCA’s financial affairs,

(b) reviewing and assessing the CCA’s risk management, internal control and corporate governance arrangements,

(c) reviewing and assessing the economy, efficiency and effectiveness with which resources have been used in discharging the CCA’s functions, and

(d) making reports and recommendations to the CCA in relation to reviews conducted under paragraphs (a), (b) and (c).

(3) The Secretary of State may by regulations make provision about—

(a) the membership of a CCA’s audit committee;

(b) the appointment of the members;

(4) Provision must be made under sub-paragraph (3) so as to ensure that at least one member of an audit committee is an independent person (as defined by the regulations).

Schedule 2 — Mayors for combined county authority areas: further provisions about elections

Interpretation

1

In this Schedule references to a mayor are references to a mayor for the area of a CCA.

Timing of elections

2

(1) The term of office of a mayor is to be four years.

(2) The first election for the return of a mayor is to take place on the first day of ordinary elections of councillors of a constituent council to take place after the end of the period of 6 months beginning with the day on which the regulations under section 27(1) come into force.

(3) Subsequent elections for the return of a mayor are to take place in every fourth year thereafter on the same day as the ordinary election of councillors of that constituent council.

(4) But this paragraph has effect subject to any provision made under paragraph 3.

3

The Secretary of State may by regulations make provision—

(a) as to the dates on which and years in which elections for the return of a mayor may or must take place,

(b) as to the intervals between elections for the return of a mayor,

(d) as to the filling of vacancies in the office of a mayor.

Voting at elections of mayors

4

(1) Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote (a “mayoral vote”).

(2) The mayor is to be returned under the simple majority system , unless there are three or more candidates.

(3) If there are three or more candidates to be the mayor—

(a) the mayor is to be returned under the supplementary vote system in accordance with paragraph 4A, and

(b) a voter’s mayoral vote is accordingly a vote capable of being given to indicate the voter’s first and second preference from among the candidates.

4A

(1) This paragraph applies where there are three or more candidates to be a mayor.

(2) In this Schedule—

“first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the mayor;

“second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the mayor.

(3) If one of the candidates to be the mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the mayor.

(4) If none of the candidates to be the mayor receives more than half of all the first preference votes given in the election, the following provisions of this paragraph apply.

(5) The two candidates who received the greatest number of first preference votes given in the election remain in the contest.

(6) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (5), all of them remain in the contest.

(7) The other candidates are eliminated from the contest.

(8) The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.

(9) The person who must be returned as the mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(10) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the mayor.

(11) In this paragraph “mayoral vote” has the meaning given by paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).

Entitlement to vote

5

(1) The persons entitled to vote as electors at an election for the return of a mayor for the area of a CCA are those who on the day of the poll—

(a) would be entitled to vote as electors at an election of councillors for an electoral area situated wholly or partly within the area of the CCA, and

(b) are registered in the register of local government electors at an address within the CCA’s area.

(2) A person is not entitled as an elector to cast more than one mayoral vote at an election for the return of a mayor.

(3) In this paragraph—

“electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;

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

“mayoral vote” has the meaning given by paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).

Election as mayor and councillor

6

(1) If the person who is returned at an election as the mayor for the area of a CCA is also returned at an election held at the same time as a councillor of a constituent council, a vacancy arises in the office of councillor.

(2) If the person who is returned at an election (“the mayoral election”) as the mayor for the area of a CCA —

(a) is a councillor of a constituent council, and

(b) was returned as such a councillor at an election held at an earlier time than the mayoral election,

a vacancy arises in the office of councillor.

(3) Subject to sub-paragraph (4), a person who is elected as the mayor for the area of a CCA may not be a candidate in an election for the return of a councillor or councillors of a constituent council.

(4) A person who is the mayor for the area of a CCA may be a candidate in an election for the return of a councillor or councillors of a constituent council if the election is held at the same time as an election for the return of the mayor, but sub-paragraph (1) applies if the person is a candidate in both such elections and is returned as the mayor and as a councillor.

Qualification and disqualification

7

(1) In order to be qualified to be elected and to hold office as the mayor for the area of a CCA, a person must, on the relevant day, be—

(a) at least 18 years old, and

(b) a qualifying citizen.

(2) The person must also—

(a) on and after the relevant day, be entitled (under paragraph 5) to vote in the election for the return of the mayor for that area, or

(b) for the twelve months before the relevant day—

(i) have occupied, as owner or tenant, land or other premises within an electoral area situated wholly or partly within the area of the CCA,

(ii) had their principal or only place of work in that electoral area, or

(iii) resided in that electoral area.

(3) In this paragraph—

“electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;

“qualifying citizen” means a person who is—a qualifying Commonwealth citizen (within the meaning given by section 79 of the Local Government Act 1972),a citizen of the Republic of Ireland,a qualifying EU citizen (within the meaning given by section 203A of the Representation of the People Act 1983), oran EU citizen with retained rights (within the meaning given by section 203B of that Act);

“relevant day” means—if the election is preceded by the nomination of candidates, the day on which the person is nominated, andif the election is not preceded by the nomination of candidates, the day of the election.

(4) Until the coming into force of paragraph 5 of Schedule 8 to the Elections Act 2022 (amendment of paragraph 8(3) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 relating to candidacy rights of EU citizens), sub-paragraph (3) has effect as if for the definition of “qualifying citizen” there were substituted—

“qualifying citizen” means a person who is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen of the Union, within the meaning given in section 79 of the Local Government Act 1972;

8

(1) A person is disqualified for being elected or holding office as the mayor for the area of a CCA if the person—

(a) holds any paid office or employment (other than the office of mayor or deputy mayor) appointments or elections to which are or may be made by or on behalf of the CCA or any of the constituent councils;

(b) is the subject of—

(i) a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986, or

(ii) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

(c) has in the five years before being elected, or at any time since being elected, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and been sentenced to a period of imprisonment of three months or more without the option of a fine;

(d) is disqualified for being elected or for being a member of a constituent council under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices);

(e) is incapable of being elected to or holding—

(i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Regulations 2001 (SI 2001/2599)) (undue influence);

(ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence).

(2) For the purposes of sub-paragraph (1)(c), a person is to be treated as having been convicted on—

(a) the expiry of the ordinary period allowed for making an appeal or application with respect to the conviction, or

(b) if an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

(3) Until the coming into force of paragraph 6 of Schedule 5 to the Elections Act 2022 (amendment of paragraph 9(1) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 relating to undue influence), sub-paragraph (1) has effect as if paragraph (e) were omitted.

9

(1) A person is disqualified for being elected or holding office as the mayor for the area of a CCA if the person is subject to—

(a) any relevant notification requirements, or

(b) a relevant order.

(2) In this paragraph “relevant notification requirements” mean—

(a) the notification requirements of Part 2 of the Sexual Offences Act 2003;

(b) the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010;

(c) the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;

(d) the notification requirements of Schedule 1 to the Criminal Justice Act 2001 (an Act of Tynwald: c 4).

(3) In this paragraph “relevant order” means—

(a) a sexual harm prevention order under section 345 of the Sentencing Code;

(b) a sexual harm prevention order under section 103A of the Sexual Offences Act 2003;

(d) a sexual risk order under section 122A of that Act;

(e) a risk of sexual harm order under section 123 of that Act;

(f) a risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;

(g) a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;

(h) a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010;

(i) a child protection order under Article 11 of that Law;

(j) a sexual offences prevention order under section 18 of that Law;

(k) a risk of sexual harm order under section 22 of that Law;

(l) a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of Tynwald: c 20);

(m) a risk of sexual harm order under section 5 of that Act.

(4) For the purposes of sub-paragraph (1)(a), a person who is subject to any relevant notification requirements is not to be regarded as disqualified until—

(a) the expiry of the ordinary period allowed for making an appeal or application against the conviction, finding, caution, order or certification in respect of which the person is subject to the relevant notification requirements, or

(b) if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

(5) For the purposes of sub-paragraph (1)(b), a person who is subject to a relevant order is not to be regarded as disqualified until—

(a) the expiry of the ordinary period allowed for making an appeal against the relevant order, or

(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

(6) This paragraph does not have the effect of disqualifying a person for being elected or holding office as the mayor for the area of a CCA by reason of the person becoming subject to—

(a) any relevant notification requirements, or

(b) a relevant order,

before the day on which this paragraph comes into force.

9A

(1) A person is disqualified for holding office as the mayor for the area of a CCA if the person is an elected member of a legislature in the United Kingdom.

(2) If a person—

(a) is elected as the mayor for the area of a CCA, and

(b) is, on the first day of the mayoral term, an elected member of a legislature in the United Kingdom,

the person is not disqualified under this paragraph for holding office as the mayor at any time in the period of eight days beginning with the first day of the mayoral term.

(3) If a person—

(a) becomes an elected member of a legislature in the United Kingdom, and

(b) is, when the person becomes the elected member, the mayor for the area of a CCA,

the person is not disqualified under this paragraph for holding office as the mayor at any time in the period of eight days beginning with the day on which the person becomes the elected member of the legislature.

(4) In this paragraph—

“elected member of a legislature in the United Kingdom” means a member of—the House of Commons;the Scottish Parliament;Senedd Cymru;the Northern Ireland Assembly;

“first day of the mayoral term”, in relation to a person who is elected as the mayor for the area of a CCA, means the day that would be the first day of the person’s term as the mayor if it is assumed that the person is not disqualified under this paragraph.

10

Paragraph 10 of Schedule 3 contains further provision about disqualification in the case of mayors who exercise PCC functions.

11

The acts of a person elected as a mayor for the area of a CCA who acts in that office are, despite any disqualification or lack of qualification—

(a) in respect of being, or being elected as, a mayor, or

(b) in respect of being, or being elected as, the mayor for that area,

as valid and effectual as if the person had not been so disqualified or as if the person had been qualified.

Power to make further provision

12

(1) The Secretary of State may by regulations make provision as to—

(a) the conduct of elections for the return of mayors, and

(b) the questioning of elections for the return of mayors and the consequences of irregularities.

(2) Regulations under sub-paragraph (1)(a) may, in particular, include provision—

(a) about the registration of electors,

(b) for disregarding alterations in a register of electors,

(c) about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), and

(d) for the combination of polls at elections for the return of mayors and other elections.

(3) Regulations under sub-paragraph (1) may—

(a) apply or incorporate (with or without modifications) any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,

(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of mayors, and

(c) so far as may be necessary in consequence of any provision made by or under this Part or any regulations under sub-paragraph (1), amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.

(4) Before making regulations under sub-paragraph (1), the Secretary of State must consult the Electoral Commission.

(5) In addition, the power of the Secretary of State to make regulations under sub-paragraph (1) so far as relating to matters mentioned in sub-paragraph (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.

(6) The requirements in sub-paragraphs (4) and (5) may be satisfied by things done before the coming into force of this paragraph.

(7) No return of a mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under sub-paragraph (1).

Schedule 2A — Commissioners

Application of Schedule

1

This Schedule applies to commissioners appointed by the mayor for the area of a CCA (see section 29A).

Persons ineligible for appointment

2

(1) The appointment of an ineligible person as a commissioner is of no effect.

(2) The appointment of a person ceases to have effect if a person becomes ineligible after appointment as a commissioner.

(3) For the purposes of this paragraph a person is “ineligible” if the person—

(a) is disqualified for being elected or holding office as the mayor for the area of a CCA under paragraph 8, 9 or 9A of Schedule 2, or

(b) is the mayor or deputy mayor for the area of the CCA to which the appointment relates.

(4) But being a commissioner does not make a person ineligible by virtue of paragraph 8(1)(a) of Schedule 2 (as applied by sub-paragraph (3)(a)) — instead see paragraph 4(3).

(5) Any defect in the appointment of a person as a commissioner, or in the qualifications of a person appointed as a commissioner, does not affect the validity of anything done by the person as commissioner.

Terms and conditions of appointment

3

(1) The mayor must determine the terms and conditions of a person’s appointment as a commissioner.

(2) But that is subject to the provisions of this Schedule.

Commissioner to work in only one area of competence

4

(1) The terms and conditions must provide for the person’s work as commissioner to relate to one of the areas of competence (the commissioner’s “special” area of competence), whether by relating to—

(a) one or more aspects of that area of competence, or

(b) that area of competence generally.

(2) This paragraph does not prevent a person’s work as a commissioner from relating incidentally—

(a) to any area of competence other than the commissioner’s special area, or

(b) to matters outside any of the areas of competence.

(3) The appointment of a person as a commissioner (the “invalid appointment”) is of no effect if (in the absence of this paragraph) the person would, at any particular time, be serving—

(a) as commissioner under the invalid appointment, and

(b) as commissioner under another appointment made before, or at the same time as, the invalid appointment—

(i) under section 29A (whether or not in relation to the same CCA as the invalid appointment), or

(ii) under section 107CA of the Local Democracy, Economic Development and Construction Act 2009 (appointments by mayors of combined authorities).

Duration of appointment

5

(1) The terms and conditions must provide for a person’s appointment as a commissioner to end on or before the last day of the relevant term of office of the mayor making the appointment.

(2) If the mayor who made the appointment ceases to hold office before the last day of the relevant term of office—

(a) any arrangements under section 30(3)(ba) for the commissioner to exercise functions cease to have effect;

(b) the commissioner must not carry out any work as commissioner, except work in preparation for the ending of the appointment in accordance with paragraph (c); and

(i) the day on which a person next becomes mayor for the area of the CCA;

(ii) the last day of the period of three months beginning with the day on which the mayor ceases to hold office.

(3) In this paragraph “relevant term of office”, in relation to an appointment of a person as a commissioner made by a mayor, means the term of office of the mayor during which, or in relation to which, the appointment is made.

Limitation on delegation of functions

6

(1) The power of the mayor to arrange under section 30(3)(ba) for a commissioner to exercise a function is subject to this paragraph.

(2) The mayor may not arrange for a commissioner to exercise—

(a) any function of approving—

(i) a local growth plan under section 32A,

(ii) a local transport plan under Part 2 of the Transport Act 2000,

(iii) a spatial development strategy under Part 2 of the Planning and Compulsory Purchase Act 2004, or

(iv) any other document that is specified for the purposes of this paragraph in regulations made by the Secretary of State;

(b) any function of making or terminating the appointment of a person as a member of staff or holder of any office or role (whether as an employee or otherwise);

(c) any function of a police and crime commissioner that is exercisable by the mayor or the deputy mayor for policing and crime;

(d) excepted fire and rescue functions.

(3) The mayor must obtain the consent of the CCA to any arrangement for a commissioner to exercise a function; but this does not apply to a function that is exercisable only by the mayor on behalf of the CCA.

(4) The mayor may not arrange for a commissioner to exercise a function except in relation to the commissioner’s special area of competence.

(5) That does not prevent the mayor from arranging for the commissioner to exercise the function incidentally in relation—

(a) to any area of competence other than the commissioner’s special area, or

(b) to matters outside any of the areas of competence.

(6) In this paragraph “excepted fire and rescue functions” means—

(a) functions under the following provisions of the FRSA 2004—

(i) section 13 (reinforcement schemes);

(ii) section 15 (arrangements with other employers of fire-fighters);

(iii) section 16 (arrangements for discharge of functions by others);

(b) the functions of—

(i) appointing, suspending or dismissing the chief fire officer;

(ii) approving the terms of appointment of the chief fire officer;

(iii) holding the chief fire officer to account for managing the fire and rescue service;

(i) the community risk management plan;

(ii) the fire and rescue declaration;

(d) approving plans, modifications to plans and additions to plans for the purpose of ensuring that—

(i) as far as reasonably practicable, the CCA is able to perform its fire and rescue functions if an emergency occurs, and

(ii) the CCA is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;

(e) approving any arrangements for the co-operation of the CCA in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of—

(i) the performance of the CCA’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise);

(ii) any duties under subordinate legislation made in exercise of powers under that Act.

(7) In sub-paragraph (6) and this sub-paragraph—

“Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental);

“chief fire officer” means the person with responsibility for managing the fire and rescue service;

“community risk management plan” means a plan which—is prepared and published by the CCA in accordance with the Fire and Rescue National Framework, andsets out for the period covered by the document in accordance with the requirements of the Framework—the CCA’s priorities and objectives, andan assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the discharge of the CCA’s fire and rescue functions;

“emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”);

“fire and rescue authority” means a fire and rescue authority under the FRSA 2004;

“fire and rescue declaration” means a document which—is prepared and published by the CCA in accordance with the Fire and Rescue National Framework, andcontains a statement of the way in which the CCA has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the CCA for that period;

“fire and rescue functions” means—functions of a fire and rescue authority which the CCA has by virtue of regulations under section 19, orfunctions which the CCA has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the FRSA 2004;

“Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRSA 2004;

“fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under—section 6 of the FRSA 2004 (fire safety);section 7 of the FRSA 2004 (fire-fighting);section 8 of the FRSA 2004 (road traffic accidents);any applicable order under section 9 of the FRSA 2004 (emergencies);section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise) and any applicable subordinate legislation made under that Act;any other provision of, or made under, an enactment which confers functions on a fire and rescue authority;

“FRSA 2004” means the Fire and Rescue Services Act 2004.

Allowances

7

(1) A CCA may—

(a) make a scheme providing for the payment of allowances to commissioners appointed by the mayor for the area of the CCA, and

(b) pay allowances in accordance with the scheme.

(2) A CCA may only make a scheme if—

(a) the CCA has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and

(b) the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel.

(3) A CCA which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts).

(4) In this section “relevant remuneration panel” means a panel that is specified, or of a description specified, in regulations made by the Secretary of State for the purposes of this paragraph.

Ending of appointment

8

The appointment of a person as a commissioner ends if—

(a) the appointment ceases to have effect in accordance with paragraph 2(2)or 4(3),

(b) the appointment ends—

(i) in accordance with the terms and conditions included by virtue of paragraph 5(1), or

(ii) in accordance with paragraph 5(2),

(c) the appointment is terminated in accordance with its terms and conditions or otherwise in accordance with contract law—

(i) by the mayor for the area of the CCA (whether that is the person who made the appointment or a successor), or

(ii) by the commissioner,

(d) the appointment ceases to have effect in accordance with paragraph 9(4), or

(e) the commissioner dies.

Role of overview and scrutiny committees

9

(1) The power which the CCA’s overview and scrutiny committee has (or its overview and scrutiny committees have between them) in accordance with paragraph 1(3) of Schedule 1 must include power to recommend that a commissioner’s appointment is terminated.

(2) If a recommendation is made that a commissioner’s appointment is terminated, the CCA must decide whether or not to accept the recommendation.

(3) A decision to accept the recommendation must be made by a two thirds majority of the non-mayoral members, or substitute members acting in their place, of the CCA present and voting on the question at a meeting of the authority.

(4) If a decision is made to accept the recommendation, the commissioner’s appointment ceases to have effect when the decision is made.

(5) In this paragraph “non-mayoral members”, in relation to a CCA, means the members of the CCA other than the mayor.

Powers of appointment and termination exercisable on behalf of the CCA

10

(1) The powers to make and terminate the appointment of a person as a commissioner are (by virtue of section 30(1A)) powers of the CCA exercisable only by the mayor on behalf of the CCA.

(2) Accordingly, if a person is appointed as a commissioner—

(a) under a worker’s contract, the CCA is the employer;

(b) under a contract other than a worker’s contract, the contract is between the CCA and the commissioner;

(3) In this paragraph “worker’s contract” and “employer” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act).

Guidance

11

(1) The Secretary of State may issue guidance about the selection or appointment of commissioners.

(2) The mayors for the areas of CCAs must take account of any such guidance.

(3) The Secretary of State may issue guidance about the exercise of the function under paragraph 6(3) of consenting to arrangements for a function to be exercisable by a commissioner.

(4) CCAs must take account of any such guidance.

(5) The Secretary of State may issue guidance about the exercise by CCAs of the powers conferred by paragraph 7 and guidance about compliance with the duty under that paragraph to produce and publish reports.

(6) CCAs must take account of any such guidance.

(7) The Secretary of State may issue guidance about the terms of reports produced by relevant remuneration panels for the purposes of paragraph 7.

(8) Relevant remuneration panels must take account of any such guidance.

(9) The Secretary of State may issue guidance about the making of recommendations under paragraph 9 to terminate the appointment of a person as commissioner.

(10) The members of overview and scrutiny committees must take account of any such guidance.

Schedule 3 — Mayors for combined county authority Areas: PCC functions

Introductory

1

(1) This Schedule applies where regulations are made under section 33 (1) providing for a mayor to exercise functions of a police and crime commissioner.

(2) A duty under this Schedule to make provision by regulations is a duty to make such provision in regulations made at any time before the first election of a mayor who, by virtue of regulations under section 33 (1), is to exercise functions of a police and crime commissioner.

(3) In this Schedule references to “the mayor” and the “CCA area” are references to a mayor or area in relation to which regulations are made under section 33 (1).

(4) In this Schedule “the 2011 Act” means the Police Reform and Social Responsibility Act 2011.

PCC functions exercisable by the mayor

2

(1) The Secretary of State may by regulations provide that the mayor may exercise in the CCA area—

(a) all PCC functions,

(b) all PCC functions other than those specified or described in the regulations, or

(2) But regulations under sub-paragraph (1)(b) or (c) must secure that the following PCC functions are exercisable by the mayor in relation to the CCA area—

(a) the functions mentioned in subsections (6) to (8) of section 1 of the 2011 Act (securing maintenance of efficient and effective police force and holding the relevant chief constable to account);

(b) the functions under sections 5, 7 and 8 of that Act (issuing etc a police and crime plan);

Delegation of function

3

(1) The Secretary of State must by regulations make provision authorising the mayor—

(a) to appoint a deputy mayor in respect of PCC functions (“deputy mayor for policing and crime”), and

(b) to arrange for the deputy mayor for policing and crime to exercise any PCC functions of the mayor.

(2) Regulations under sub-paragraph (1) must include provision authorising the mayor to arrange for any other person to exercise any PCC functions of the mayor.

(3) Regulations under sub-paragraph (1) must include provision preventing the mayor from appointing as deputy mayor for policing and crime—

(a) the person who is appointed as deputy mayor under section 29;

(b) a person listed in subsection (6) of section 18 of the 2011 Act;

(4) Regulations under sub-paragraph (1) must include provision preventing the mayor from arranging for the deputy mayor for policing and crime to exercise—

(a) a PCC function of the mayor of a kind listed in subsection (7)(a), (e) or (f) of section 18 of the 2011 Act, or

(b) any other PCC function specified or described in the regulations.

(5) Regulations under sub-paragraph (1) must include provision preventing the mayor from arranging, by virtue of provision under sub-paragraph (2), for a person to exercise—

(a) any function if the person is listed in subsection (6) of section 18 of the 2011 Act;

(b) a function listed in subsection (7) of that section;

(6) Regulations under sub-paragraph (1) must include provision authorising the deputy mayor for policing and crime to arrange for any other person to exercise any PCC function of the mayor which is exercisable by the deputy mayor for policing and crime in accordance with provision made under that sub-paragraph.

(7) Regulations under sub-paragraph (1) must include provision preventing the deputy mayor for policing and crime from arranging for a person to exercise a function if—

(a) the person is listed in subsection (6) of section 18 of the 2011 Act, or

(b) the function is a PCC function of the mayor—

(i) of a kind listed in subsection (7)(b), (c) or (d) of that section, or

(ii) of any other kind specified or described in the regulations.

Police and crime panels

4

The Secretary of State must by regulations provide for a panel to be established in relation to the CCA area with functions, in relation to the exercise by the mayor of PCC functions, corresponding to those of a police and crime panel under sections 28 and 29 of the 2011 Act.

5

(1) The Secretary of State may by regulations provide for a police and crime panel to have oversight functions in relation to any general functions of the mayor that are the subject of arrangements under section 30 (3)(c)(i) (power to arrange for general functions to be exercisable by deputy mayor for policing and crime).

(2) If it appears to the Secretary of State expedient for the police and crime panel also to have oversight functions in relation to other general functions of the mayor that are related to general functions in respect of which regulations are made under sub-paragraph (1), the Secretary of State may by regulations provide for the panel to have oversight functions in relation to those other general functions.

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