Levelling-up and Regeneration Act 2023

, or (b) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

• (3) In subsection (5)—

• (a) the words from “the area or part of the area” to the end of the subsection become paragraph (a),

• (b) in that paragraph, for “that Act” substitute “the Local Democracy, Economic Development and Construction Act 2009”, and

• (c) at the end of that paragraph insert

, or (b) the area or part of the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.

179

• (1) Section 102A (application of Chapter to combined authorities) is amended as follows.

• (2) In the heading, after “combined authorities” insert “and combined county authorities”.

• (3) After subsection (2) insert—

(3) This Chapter applies to a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 as it applies to an ITA. (4) In the application of this Chapter to a combined county authority, references to an integrated transport area are to the combined county authority’s area. (5) In the application of this Chapter to a combined county authority, the reference in section 99(6)(b) to an executive body established by virtue of section 79(1)(a) or 84(2)(d) is to an executive body established by virtue of section 10(2)(c) of the Levelling-up and Regeneration Act 2023.

180

• (1) Section 102E (power to establish STBs) is amended as follows.

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

(aa) a combined county authority;

• (3) In subsection (6), after paragraph (a) (but before the “or” at the end of that paragraph) insert—

(aa) the area of a combined county authority,

181

In section 102F(7) (requirements in connection with regulations under section 102E), after paragraph (a) insert—

(aa) a combined county authority;

182

In section 102G(10) (constitution of STBs), after paragraph (a) insert—

(aa) in the case of a combined county authority, are the mayor for the area of the combined county authority (if there is one) and those members of the authority who are appointed from among the elected members of the authority’s constituent councils (see section 10(4)(b) of the Levelling-up and Regeneration Act 2023);

183

In section 102I(7) (transport strategy of an STB), after paragraph (b) insert—

(ba) a combined county authority;

184

In section 102J(7) (exercise of local transport functions), after paragraph (a) insert—

(aa) a combined county authority;

185

In section 102U, at the appropriate place insert—

• “combined county authority” means a body established as a combined county authority under section 9(1) of the Levelling-up and Regeneration Act 2023;

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

186

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

187

In section 35(2) (mutual insurance: supplementary), after paragraph (r) insert—

(s) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

188

In section 88(5) (areas of economic prosperity boards)—

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

• (b) at the end of paragraph (b) insert

, or (c) the area of a combined county authority.

189

In section 103(5) (areas of combined authorities) at the end of paragraph (a) insert—

(aa) the area of a combined county authority,

190

• (1) Section 106 (changes to boundaries of a combined authority’s area) is amended as follows.

• (2) In subsection (6), after “an ITA” insert “or a combined county authority”.

• (3) In subsection (7)—

• (a) the words from “the integrated transport area” to the end of the subsection become paragraph (a), and

• (b) at the end of that paragraph insert

, or (b) the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.

191

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

• (2) In subsection (6), after “an ITA” insert “or a combined county authority”.

• (3) In subsection (7)—

• (a) the words from “the integrated transport area” to the end of the subsection become paragraph (a), and

• (b) at the end of that paragraph insert

, or (b) the area or part of the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.

192

In section 118(5) (guidance), after paragraph (e) insert—

(f) a combined county authority.

193

In section 120 (interpretation of Part 6), at the appropriate place insert—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

194

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

195

• (1) Section 100 (provision of financial resources) is amended as follows.

• (2) After subsection (1AA) insert—

(1AB) The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined county authority by virtue of regulations made under section 19(1) of the Levelling-up and Regeneration Act 2023.

• (3) In subsection (5), at the appropriate place insert—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

196

• (1) Section 122 (sharing of information for education and training purposes) is amended as follows.

• (2) In subsection (3), after paragraph (fb) insert—

(fc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; (fd) a person providing services to a combined county authority;

• (3) In subsection (5)—

• (a) omit the “or” at the end of paragraph (c), and

• (b) at the end of paragraph (d) insert

, or (e) any function of a combined authority under Part 4 that is exercisable by it by virtue of regulations made under section 19(1) of the Levelling-up and Regeneration Act 2023.

Equality Act 2010 (c. 15)

197

In Part 1 of Schedule 19 to the Equality Act 2010, under the heading “local government”, after the entry for a combined authority insert—

• A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

Localism Act 2011 (c. 20)

198

In section 27(6) of the Localism Act 2011 (duty to promote and maintain high standards of conduct), after paragraph (n) insert—

(na) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

Local Audit and Accountability Act 2014 (c. 2)

199

The Local Audit and Accountability Act 2014 is amended as follows.

200

In section 40(6) (access to local government meetings and documents), after paragraph (ja) insert—

(jb) a combined county authority,

201

In section 44(1) (interpretation of Act), at the appropriate place insert—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

202

In Schedule 2, after paragraph 28 insert—

(28ZA) A combined county authority.

Cities and Local Government Devolution Act 2016 (c. 1)

203

The Cities and Local Government Devolution Act 2016 is amended as follows.

204

• (1) Section 1 (devolution: annual report) is amended as follows.

• (2) In subsection (1), after “this Act” insert “or Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”.

• (3) In subsection (2)—

• (a) in paragraph (c), after “a combined authority” insert “or a combined county authority”;

• (b) in paragraph (e), after “combined authorities” insert “, combined county authorities”.

• (4) In subsection (4), after the definition of “combined authority” insert—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

205

• (1) Section 18 (devolving health service functions) is amended as follows.

• (2) In subsection (1)—

• (a) in the words before paragraph (a), for the words from “or an order” to “(“the 2009 Act”)” substitute “, an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009 (transfer of public authority functions to combined authorities) (“the 2009 Act”) or regulations under section 19(1) of the Levelling-up and Regeneration Act 2023 (transfer of public authority functions to combined authorities) (“the 2022 Act”)”, and

• (b) in paragraph (c), for “or a combined authority” substitute “, a combined authority or a combined county authority”.

• (3) In subsection (2), in the words after paragraph (h), for “or an order under section 105A of the 2009 Act” substitute “, an order under section 105A of the 2009 Act or regulations under section 19(1) of the 2022 Act”.

• (4) In subsection (7)—

• (a) in the words before paragraph (a), for “or by an order under section 105A of the 2009 Act” substitute “, by an order under section 105A of the 2009 Act or by regulations under section 19(1) of the 2022 Act”, and

• (b) in each of paragraphs (a) and (b), for “or a combined authority” substitute “, a combined authority or a combined county authority”.

• (5) In subsection (8)—

• (a) for “or a combined authority” substitute “, a combined authority or a combined county authority”, and

• (b) for “, or by an order under section 105A of the 1999 Act” substitute “, by an order under section 105A of the 1999 Act or by regulations under section 19(1) of the 2022 Act”.

Policing and Crime Act 2017 (c. 3)

206

The Policing and Crime Act 2017 is amended as follows.

207

In section 3 (collaboration agreements: specific restrictions), after subsection (7) insert—

(7A) A combined county authority that exercises the functions of a fire and rescue authority by virtue of section 18 or 19 of the Levelling-up and Regeneration Act 2023 may only enter into a collaboration agreement where the functions of the authority to which the agreement relates are functions of a fire and rescue authority that the combined county authority is entitled to exercise.

208

In section 5(5) (collaboration agreements: definitions)—

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

• (b) after paragraph (c) insert—

(d) a combined county authority that exercises the functions of a fire and rescue authority by virtue of section 18 or 19 of the Levelling-up and Regeneration Act 2023, or (e) an elected mayor who exercises the functions of a fire and rescue authority by virtue of section 30 of that Act.

Technical and Further Education Act 2017 (c. 19)

209

The Technical and Further Education Act 2017 is amended as follows.

210

In Schedule 3 (conduct of education administration: statutory corporations)—

• (a) in paragraph 13(b), in the inserted paragraph (ab), for “or combined authority” substitute “, combined authority or combined county authority”;

• (b) in paragraph 38(c)—

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

• ““combined county authority” means an authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;”,

• (ii) in the definition of “director of children’s services”, in paragraph (b), after “a combined authority” insert “or a combined county authority”.

211

In Schedule 4 (conduct of education administration: companies)—

• (a) in paragraph 12(b), in the inserted paragraph (ab), for “or combined authority” substitute “, combined authority or combined county authority”;

• (b) in paragraph 36(c)—

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

• ““combined county authority” means an authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;”,

• (ii) in the definition of “director of children’s services”, in paragraph (b), after “a combined authority” insert “or a combined county authority”.

Bus Services Act 2017 (c. 21)

212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Digital Economy Act 2017 (c. 30)

213

The Digital Economy Act 2017 is amended as follows.

214

In Schedule 4 (public service delivery: specified persons for the purposes of section 35), after paragraph 14 insert—

(14A) A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

215

In Schedule 5 (public service delivery: specified persons for the purposes of sections 36 and 37), after paragraph 8 insert—

(8A) A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

216

In Schedule 6 (public service delivery: specified persons for the purposes of sections 36 and 37), after paragraph 7 insert—

(7A) A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

Data Protection Act 2018 (c.12)

217

In Schedule 1 to the Data Protection Act 2018 (special categories of personal data and criminal convictions etc data), in paragraph 23(3), after paragraph (h) insert—

(ha) a mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

Automated and Electric Vehicles Act 2018 (c. 18)

218

• (1) Section 12 of the Automated and Electric Vehicles Act 2018 (duty to consider making regulations under section 11(1)(a) on request from mayor) is amended as follows.

• (2) In subsection (7)—

• (a) in paragraph (a), after “a combined authority” insert “, a combined county authority”;

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

(ia) in the case of the area of a combined county authority, the mayor for the area elected in accordance with section 27(2) of the Levelling-up and Regeneration Act 2023;

• (3) In subsection (8), in the appropriate place insert—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

Skills and Post-16 Education Act 2022 (c. 21)

219

The Skills and Post-16 Education Act 2022 is amended as follows.

220

In section 1(7) (views of relevant authority in relation to local skills improvement plan), for paragraph (a), and the “or” at the end of that paragraph, substitute—

(a) a combined authority within the meaning of Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 103 of that Act), (aa) a CCA within the meaning of Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 (combined county authorities) (see section 9 of that Act), (ab) a local authority that has functions conferred on it by regulations made under section 16(1) of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities), or

221

• (1) Section 4 (interpretation of sections 1 to 4) is amended as follows.

• (2) In subsection (1), at the appropriate place insert—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

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

(ba) a combined county authority

222

In section 19(2) (meaning of “relevant provider”), after paragraph (g) insert—

(ga) a combined county authority;

223

In section 20(7) (meaning of “funding authority”), after paragraph (c) insert—

(ca) a combined county authority;

224

In section 21(2) (interpretation of sections 19 to 21), at the appropriate place insert—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

Health and Care Act 2022 (c. 31)

225

In section 180(2) of the Health and Care Act 2022 (licensing of cosmetic procedures), in the definition of “local authority”, after paragraph (d) insert—

(da) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

Elections Act 2022 (c. 37)

226

The Elections Act 2022 is amended as follows.

227

In section 37(1) (interpretation of Part 5), in the definition of “relevant elective office”, after paragraph (f) insert—

(fa) mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

228

In section 45(9) (meaning of “relevant election”), after paragraph (g) insert—

(ga) an election for the return of a mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,

229

• (1) Paragraph 1 of Schedule 11 (illegal practices) is amended as follows.

• (2) In sub-paragraph (1)(b)—

• (a) omit the “or” at the end of sub-paragraph (iv), and

• (b) after sub-paragraph (v) (but before the “and” at the end of that sub-paragraph) insert

or (vi) an election for the return of a mayor for the area of a combined county authority,

• (3) In sub-paragraph (4)—

• (a) omit the “and” at the end of paragraph (b), and

• (b) at the end of paragraph (c) insert

, and (d) as it applies in relation to an election for the return of a mayor for the area of a combined county authority by virtue of regulations under paragraph 12(1) of Schedule 2 to the Levelling-up and Regeneration Act 2023.

• (4) After sub-paragraph (5) insert—

(6) In this paragraph “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

230

In paragraph 12(4) of Schedule 8 (voting and candidacy rights of EU citizens: transitional provision), after paragraph (d) insert—

(da) mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

Schedule 5 — Alteration of street names: consequential amendments

Public Health Acts Amendment Act 1907

1

In section 21 of the Public Health Acts Amendment Act 1907 (power to alter names of streets), at the end insert—

This section does not apply in relation to a street or part of a street in England.

Public Health Act 1925

2

In section 18 of the Public Health Act 1925 (alteration of name of street), after subsection (4) insert—

(4A) In its application in relation to a street, or part of a street, in England, this section applies as if, in subsection (1), the words “may alter the name of any street, or part of a street, or” were omitted. See section 81 of the Levelling-up and Regeneration Act 2023 for provision about altering street names in England.

London Building Acts (Amendment) Act 1939

3

In section 6 (assigning of names to streets etc), after subsection (3) insert—

(4) In the case of an order under subsection (1) to which section 81(5) of the Levelling-up and Regeneration Act 2023 (requirement to demonstrate necessary support before street name altered) applies, subsections (2) and (3) do not apply.

Local Government Act 1972

4

In Part 2 of Schedule 14 to the Local Government Act 1972 (amendments and modifications of Public Health Acts etc), in paragraph 26(c) for “sections 21 and” substitute “section”.

Schedule 6 — Determinations and other decisions: having regard to national development management policies

Town and Country Planning Act 1990

1

TCPA 1990 is amended as follows.

2

In section 59A (development orders: permission in principle), in subsection (11), after “development plan” insert “, any national development management policies so far as they are material”.

3

In section 70 (determination of applications for planning permission: general considerations),—

• (a) in subsection (2), after paragraph (aza) insert—

(azb) any national development management policies, so far as material to the application,

• (b) in subsection (2A), for “(2)(b)” substitute “(2)(azb) and (b)”.

4

In section 70A (power to decline to determine subsequent application)—

• (a) after subsection (5) insert—

(5A) The relevant considerations, in relation to a local planning authority in England, are— (a) the development plan so far as material to the application; (b) any national development management policies so far as material to the application; (c) any other material considerations.

• (b) in subsection (6), after “considerations” insert “, in relation to a local planning authority in Wales,”.

5

In section 74 (directions etc as to method of dealing with applications)—

• (a) in subsection (1)(b), at the end insert “or, in the case of an authority in England, any national development management policy”;

• (b) in subsection (1C), after paragraph (a) (but before the “and” at the end of that paragraph) insert—

(aa) any national development management policies,

6

In section 91 (general condition limiting duration of planning permission), in subsection (2), for “shall be” substitute

must be— (a) in the case of an authority in England, a period which the authority consider appropriate having regard to the provisions of the development plan, to any national development management policies so far as they are material and to any other material considerations, or (b) in the case of an authority in Wales,

7

In section 92 (outline planning permission), in subsection (6), for “shall have regard” substitute

must have regard— (a) in the case of an authority in England, to the provisions of the development plan, to any national development management policies so far as they are material and to any other material considerations, or (b) in the case of an authority in Wales,

8

In section 97 (power to revoke or modify planning permission or permission in principle), in subsection (2), for “shall have regard” substitute

must have regard— (a) in the case of an authority in England, to the development plan, to any national development management policies so far as they are material and to any other material considerations, or (b) in the case of an authority in Wales,

9

In section 102 (orders requiring discontinuance of use or alteration or removal of buildings or works)—

• (a) in subsection (1), for “the development plan and to any other material considerations” substitute “the relevant considerations”;

• (b) after that subsection insert—

(1A) In subsection (1) “the relevant considerations” are— (a) in the case of an authority in England, the development plan, any national development management policies so far as they are material and any other material considerations, or (b) in the case of an authority in Wales, the development plan and any other material considerations.

10

In section 172 (issue of enforcement notice), in subsection (1)(b), for “regard” substitute

regard— (i) in the case of an authority in England, to the development plan, to any national development management policies so far as they are material and to any other material considerations, or (ii) in the case of an authority in Wales,

11

In section 177 (grant or modification of planning permission on appeals against enforcement notices), for subsection (2) substitute—

(2) In considering whether to grant planning permission under subsection (1)— (a) if the land to which the enforcement notice relates is in England, the Secretary of State must have regard— (i) to the provisions of the development plan, so far as material to the subject matter of the enforcement notice, (ii) to any national development management policies, so far as material to the subject matter of the enforcement notice, and (iii) to any other material considerations, or (b) if the land to which the enforcement notice relates is in Wales, the Welsh Ministers must have regard— (i) to the provisions of the development plan, so far as material to the subject matter of the enforcement notice, and (ii) to any other material considerations.

12

In Schedule 4B (process for making of neighbourhood development orders)—

• (a) in paragraph 5(5), before paragraph (a) insert—

(za) national development management policies that are relevant to the draft neighbourhood development order to which the proposal in question relates,

• (b) in paragraph 8(2), after paragraph (d) insert—

(da) the making of the order is in general conformity with any national development management policies that are relevant to it,

13

In Schedule 9 (requirements relating to discontinuance of mineral working), in paragraph 1—

• (a) in sub-paragraph (1), for “the development plan and to any other material considerations” substitute “the relevant considerations”;

• (b) after that sub-paragraph insert—

(1A) In sub-paragraph (1) “the relevant considerations” are— (a) in the case of an authority in England, the development plan, any national development management policies so far as they are material and any other material considerations, or (b) in the case of an authority in Wales, the development plan and any other material considerations.

Planning (Hazardous Substances) Act 1990

14

In section 9 of the Hazardous Substances Act (determination of applications for hazardous substances consent), in subsection (2), after paragraph (c) insert—

(ca) in the case of an authority in England, to any national development management policies so far as they are material;

Greater London Authority Act 1999

15

In section 337(2) of GLAA 1999 (matters that may give rise to modification of spatial development strategy for London before publication), after paragraph (c) (but before the “or” at the end of that paragraph) insert—

(ca) any national development management policies (within the meaning given by section 38ZA of the Planning and Compulsory Purchase Act 2004) so far as they are material;

Schedule 7 — Plan making

In Part 2 of PCPA 2004 (local development) for sections 15 to 37 (and the heading before section 15) substitute—