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Cities and Local Government Devolution Act 2016

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Cities and Local Government Devolution Act 2016

2016 c. 1

An Act to make provision for the election of mayors for the areas of, and for conferring additional functions on, combined authorities established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; to make other provision in relation to bodies established under that Part; to make provision about local authority governance and functions; to confer power to establish, and to make provision about, sub-national transport bodies; and for connected purposes.

Enacted[28th January 2016]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Reports about local devolution

1 Devolution: annual report

1 The Secretary of State must lay before each House of Parliament an annual report about devolution for all areas within England pursuant to the provisions of this Act or Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.
2 The annual report must include information on—
a the areas of the country where agreements have been reached,
b the areas of the country where proposals have been received by the Secretary of State and negotiations have taken place but agreement has not yet been reached,
c functions exercisable by a Minister of the Crown that have been devolved as a result of agreements so as to become exercisable by a mayor for the area of a combined authority or a combined county authority (including information as to any such functions that remain exercisable by a Minister of the Crown as a result of an agreement providing for functions to be exercisable jointly or concurrently),
d additional financial resources and public functions (so far as not falling within paragraph (c)) which have been devolved as a result of agreements, and
e the extent to which consideration has been given by a Minister of the Crown to the principle that powers should be devolved to combined authorities , combined county authorities or the most appropriate local level except where those powers can more effectively be exercised by central government.
3 The annual report must be laid before each House of Parliament as soon as practicable after 31 March each year.
4 In this section—
  • “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
  • “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

Mayoral combined authorities

2 Power to provide for an elected mayor

1 After section 107 of the Local Democracy, Economic Development and Construction Act 2009 insert—
2 After Schedule 5A to that Act (inserted by section 8 below) insert, as Schedule 5B, the Schedule set out in Schedule 1 to this Act.

3 Deputy mayors etc

After section 107B of the Local Democracy, Economic Development and Construction Act 2009 (inserted by section 2 above) insert—

4 Functions

1 After section 107C of the Local Democracy, Economic Development and Construction Act 2009 (inserted by section 3 above) insert—
2 After Schedule 5B to that Act (inserted by section 2 above) insert, as Schedule 5C, the Schedule set out in Schedule 2 to this Act.

5 Financial matters

1 In section 39 of the Local Government Finance Act 1992 (precepting and precepted authorities), in subsection (1) after paragraph (aa) insert—
.
2 In section 40 of that Act (issue of precepts by major precepting authorities), after subsection (10) insert—
3 After section 107F of the Local Democracy, Economic Development and Construction Act 2009 (inserted by section 4 above) insert—

Combined authorities: additional functions

6 Local authority functions

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 In section 105 (constitution and functions: economic development and regeneration)—
a for subsection (2) substitute—
;
b in the heading, for “economic development and regeneration” substitute “ local authority functions generally ”.
3 In section 108 (review by authorities: new combined authority), in subsection (1), for paragraphs (a) and (b) substitute “ the exercise of statutory functions in relation to an area (“the review area”) with a view to deciding whether to prepare and publish a scheme under section 109 ”.
4 In section 109 (preparation and publication of scheme: new combined authority), in subsection (1), for paragraphs (a) to (d) substitute “ the exercise of statutory functions in relation to the area ”.
5 In section 112 (preparation and publication of scheme: existing combined authority), in subsection (1), for paragraphs (a) to (d) substitute “ the exercise of statutory functions in relation to an area of a combined authority or a proposed area of a combined authority ”.

7 Other public authority functions

After section 105 of the Local Democracy, Economic Development and Construction Act 2009 insert—

Combined authorities: accountability etc

8 Overview and scrutiny committees and audit committees

1 In section 104 of the Local Democracy, Economic Development and Construction Act 2009 (constitution and functions: transport), after subsection (8) insert—
2 After Schedule 5 to that Act insert, as Schedule 5A, the Schedule set out in Schedule 3 to this Act.

9 Funding of combined authorities

1 In section 74 of the Local Government Finance Act 1988 (levies), in subsection (10)—
a for “attributable to” substitute
;
b after “transport” insert
2 After that subsection insert—
3 In section 23 of the Local Government Act 2003 (meaning of “local authority” for purposes of Part 1 of that Act), in subsection (5) after “only” insert “ or in relation to any other functions of the authority that are specified for the purposes of this subsection in regulations made by the Secretary of State. ”
4 After that subsection insert—
5 In section 105 of the Local Democracy, Economic Development and Construction Act 2009 (constitution and functions of combined authorities: economic development and regeneration), omit subsection (4).

10 General power of competence

After section 113C of the Local Democracy, Economic Development and Construction Act 2009 insert—

Combined authorities and EPBs: areas and procedure

11 Removal of geographical restrictions in relation to EPBs

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 Omit subsections (3) and (4) of section 88 (EPBs and their areas).
3 In section 95(2)(a) (changes to boundaries of an EPB's area: conditions), for “conditions A to D” substitute “ conditions A and D ”.
4 In section 98(3)(c) (preparation and publication of scheme for new EPB: conditions), for “conditions A to C” substitute “ condition A ”.
5 In section 99 (requirements in connection with establishment of EPB), after subsection (3) insert—
6 In section 102 (requirements in connection with changes to existing EPB arrangements), after subsection (2) insert—

12 Removal of geographical restrictions in relation to combined authorities

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 Omit subsections (3) and (4) of section 103 (combined authorities and their areas).
3 In section 106(2)(a) (changes to boundaries of a combined authority's area: conditions), for “conditions A to D” substitute “ conditions A and D ”.
4 In section 109(3)(c) (preparation and publication of scheme for new combined authority: conditions), for “conditions A to C” substitute “ condition A ”.
5 In section 110 (requirements in connection with establishment of combined authority), before subsection (4) insert—
6 In section 113 (requirements in connection with changes to existing combined authorities), after subsection (2) insert—

13 Changes to existing EPB

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 In section 100 (review by authorities: existing EPB)—
a in subsection (1), for “a review of one or more EPB matters.” substitute
;
b omit subsection (3).
3 In section 101 (preparation and publication of scheme: existing EPB)—
a in subsection (1), for “any one or more of sections 89, 91, 92, 95 and 96” substitute “ section 95 or 96 ”;
b in subsection (2), omit “or powers”.
4 After section 101, insert—
5 In section 102 (requirements in connection with changes to existing EPB arrangements)—
a in subsection (1), after “section 101” insert “ or to an application made under section 101A ”;
b in subsection (2)(a), after “section 100(2)” insert “ or section 101A(2) ”.

14 Requirements in connection with establishment etc of combined authority

1 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.
2 In section 103, omit subsection (6) (combined authorities: area must have been included in a scheme under section 109).
3 In section 104 (constitution and functions of combined authorities: transport), after subsection (9) (inserted by section 8(1) above) insert—
4 In section 105 (constitution and functions of combined authorities: economic development and regeneration), after subsection (3) insert—
5 In section 106 (changes to boundaries of a combined authority's area)—
a in subsection (2), omit paragraph (b);
b omit subsection (3);
c after subsection (3) insert—
6 After section 106 insert—
7 In section 110 (requirements in connection with establishment of combined authority), for subsections (1) to (3) substitute—
8 In section 113 (requirements in connection with changes to existing combined arrangements), for subsections (1) and (2) substitute—

Combined and local authorities: governance, constitution and functions etc

I115 Governance arrangements etc of local authorities in England

1 The Secretary of State may by regulations make provision about—
a the governance arrangements of local authorities;
b the constitution and membership of local authorities under Part 1 of the Local Government Act 1972;
c the structural and boundary arrangements, or electoral arrangements, in relation to local authorities under Part 1 of the Local Government and Public Involvement in Health Act 2007 or under Part 3 of the Local Democracy, Economic Development and Construction Act 2009.
2 In subsection (1) “governance arrangements” means the executive arrangements, committee system or prescribed arrangements operated by a local authority under Part 1A of the Local Government Act 2000.
3 Regulations under this section may in particular make provision—
a about how the enactments mentioned in subsection (1) or (2) are to apply in relation to particular cases (including by disapplying the application of any such enactment to a particular case or applying it subject to any variations that are specified in the regulations);
b about any of the matters listed in section 11(3) or (4) of the Local Government and Public Involvement in Health Act 2007 (including provision in relation to matters of a kind mentioned in section 12 of that Act).
Nothing in paragraph (a) limits the power to make provision under subsection (9)(d).
4 Regulations under this section may be made only with the consent of the local authorities to whom the regulations apply (subject to subsection (5)).
5 Regulations under this section, so far as including structural or boundary provision in relation to a non-unitary district council area, may be made if at least one relevant local authority consents.
6 “Relevant local authority” means—
a a non-unitary district council whose area is, or forms part of, the non-unitary district council area;
b a county council whose area includes the whole or part of the non-unitary district council area.
7 For the purposes of subsections (5) and (6)—
  • “non-unitary district council area” means the area or areas of one or more non-unitary district councils;
  • “non-unitary district council” means a district council for an area for which there is also a county council;
  • “structural or boundary provision” means provision about the structural or boundary arrangements of local authorities in regulations made by virtue of subsection (1)(c).
8 Subsections (5) to (7) expire at the end of 31st March 2019 (but without affecting any regulations already made under this section by virtue of subsection (5)).
9 The power to make regulations under this section—
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 this Act or in the same Session.
10 Section 15 of the Local Government and Public Involvement in Health Act 2007 (power to transfer functions, property etc as part of incidental etc provision) applies in relation to subsection (9)(c) above as it applies in relation to sections 13 and 14 of that Act.
11 A statutory instrument containing regulations under this section 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.
12 At the same time as laying a draft of a statutory instrument containing regulations under this section before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.
13 The report must include—
a a description of any consultation taken into account by the Secretary of State,
b information about any representations considered by the Secretary of State in connection with the regulations, and
c any other evidence or contextual information that the Secretary of State considers it appropriate to include.
14 If a draft of regulations under this section 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.
15 In this section “local authority” means a county council in England, a district council or a London borough council.

I216 Power to transfer etc public authority functions to certain local authorities

1 The Secretary of State may by regulations—
a make provision for a function of a public authority that is exercisable in relation to a relevant local authority's area to be a function of the local authority;
b make provision for conferring on a relevant local authority in relation to its area a function corresponding to a function that a public authority has in relation to another area.
2 Regulations under subsection (1) may include further provision about the exercise of the function including—
a provision for the function to be exercisable by the public authority or relevant local authority subject to conditions or limitations specified in the regulations;
b provision as to joint working arrangements between the relevant local authority and public authority in connection with the function (for example, provision for the function to be exercised by a joint committee).
3 The provision that may be included in regulations under subsection (1)(a) includes, in particular, provision—
a for the relevant local authority to have the function instead of the public authority,
b for the function to be exercisable by the relevant local authority concurrently with the public authority,
c for the function to be exercisable by the relevant local authority and the public authority jointly, or
d for the function to be exercisable by the relevant local authority jointly with the public authority but also continue to be exercisable by the public authority alone.
4 Regulations under subsection (1)(a) may, in particular, include—
a provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities) from the public authority to the relevant local authority (including provision corresponding to any provision made by section 17(4) to (7) of the Localism Act 2011);
b provision to abolish the public authority in a case where, as a result of the regulations, it will no longer have any functions.
5 Regulations under this section may not provide for a regulatory function that is exercisable by a public authority in relation to the whole of England to be exercisable by a relevant local authority in relation to its area if the regulated function is itself exercisable by the relevant local authority by virtue of regulations under this section.
6 Subsection (7) applies where regulations under subsection (1) contain a reference to a document specified or described in the regulations (for example, in imposing a condition by virtue of subsection (2)(a) for an authority to have regard to, or to comply with, a statement of policy or standards set out in the document).
7 If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed—
a as a reference to that document as amended from time to time, or
b as including a reference to a subsequent document that replaces that document,
the regulations may make express provision to that effect.
8 See also section 18 (devolving health service functions) which contains further limitations.
9 In this section—
  • “function” (except in subsection (4)(b)) does not include a power to make regulations or other instruments of a legislative character;
  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
  • “public authority” includes a Minister of the Crown or a government department;
  • “regulated function” means the function of carrying out an activity to which a regulatory function relates;
  • “regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006;
  • “relevant local authority” means a county council in England or a district council.

I317 Section 16: procedure etc

1 The Secretary of State may make regulations under section 16 only if—
a the relevant local authority by whom a function becomes exercisable by virtue of the regulations consents, F9...
b the Secretary of State considers that the making of the regulations is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the relevant local authority's area , and
c where subsection (4A) applies to the regulations, the Secretary of State has had regard to the matters in subsection (4B).
2 The power to make regulations under section 16—
a is exercisable by statutory instrument;
b includes power to make incidental, supplementary, consequential, 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 whenever passed or made.
3 The requirement in subsection (1)(a) for the relevant local authority to consent to the making of regulations under section 16 does not apply where—
a the regulations revoke (in whole or in part), or otherwise amend, previous regulations under that section, and
b the only purpose of the regulations is to provide for a health service function of the relevant local authority to cease to be exercisable by the authority (which may include provision under subsection (2)(b) in relation to that purpose).
4 In subsection (3)(b), “health service function of a relevant local authority” means a function which—
a relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and
b is exercisable by the authority by virtue of regulations under section 16.
4A This subsection applies to regulations under section 16 that—
a revoke or otherwise amend previous regulations under that section, and
b are made in response to a notification from a local authority under section 9NC(3) or 9ND(4) of the Local Government Act 2000 (transfer of functions: changes in governance arrangements) of a proposed change in governance arrangements.
4B The matters mentioned in subsection (1)(c) are—
a the circumstances of the area of the local authority, and
b the likely impact of the change in governance arrangements on—
i the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority, and
ii the accountability and decision-making of the local authority.
4C The requirement in subsection (1)(b) does not apply to the making of regulations under section 16 where subsection (4A) applies to those regulations.
5 A statutory instrument containing regulations under section 16 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.
6 At the same time as laying a draft of a statutory instrument containing regulations under section 16 before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.
7 The report must include—
a a description of any consultation taken into account by the Secretary of State,
b information about any representations considered by the Secretary of State in connection with the regulations, and
c any other evidence or contextual information that the Secretary of State considers it appropriate to include.
8 If a draft of regulations under section 16 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.

I418 Devolving health service functions

1 Regulations under section 16 of this Act , 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”)—
a must not transfer any of the Secretary of State's core duties in relation to the health service,
b must not transfer health service regulatory functions vested in national bodies responsible for such functions, and
c must, if transferring functions relating to the health service to a local authority , a combined authority or a combined county authority, make provision about the standards and duties to be placed on that authority having regard to the national service standards and the national information and accountability obligations placed on the authority responsible for the functions being transferred.
2 For the purposes of subsection (1)(a), “the Secretary of State's core duties in relation to the health service” means the duties of the Secretary of State under—
a sections 1 to 1G of the National Health Service Act 2006 (“the NHSA 2006”) (duty to promote comprehensive health service etc.),
F1b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c section 12E of that Act (duty as respects variation in provision of health services),
d sections 13A, 13B, 13U and 223B of that Act (duties regarding mandate to, and annual report and funding of, NHS England),
e section 247C of that Act (duty to keep health service functions under review),
f section 247D of that Act (duty to publish annual report on performance of the health service in England),
g section 258 of that Act (duty regarding the availability of facilities for university clinical teaching and research), and
h sections 3 to 6 of the Health Act 2009 (duties in relation to the NHS Constitution and the Handbook to it),
in so far as those duties would (apart from subsection (1)(a)) be transferable by regulations under section 16 , an order under section 105A of the 2009 Act or regulations under section 19(1) of the 2022 Act.
3 For the purposes of subsection (1)(b)—
a “health service regulatory function” means a function in relation to the health service which is a regulatory function within the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006,
b the functions of NHS England under Chapter A3 of Part 2 of the NHSA 2006 (integrated care boards) are to be treated as “health service regulatory functions” in so far as they do not fall within the definition in paragraph (a), and
c functions exercisable by a body by virtue of directions given under section 7 of the NHSA 2006 (functions of Special Health Authorities) are not “vested in” that body.
4 But subsection (1)(b) does not prevent the transfer of functions of NHS England which—
a arise from arrangements under section 1H(3)(a) of the NHSA 2006 (provision of services for the purpose of the health service), and
b relate to those providing services under those arrangements.
5 For the purposes of subsection (1)(c), “national service standards” means the standards contained in any of the following—
a the NHS Constitution (within the meaning of Chapter 1 of Part 1 of the Health Act 2009);
b the standing rules under section 6E of the NHSA 2006 (regulations as to the exercise of functions by NHS England or integrated care boards);
c the terms as to service delivery required by regulations or directions under the NHSA 2006 for contracts or other arrangements for the provision of primary medical services, primary dental services, primary ophthalmic services or pharmaceutical services under Part 4, 5, 6 or 7 of that Act;
d the recommendations or guidance of the National Institute for Health and Care Excellence made or given pursuant to regulations under section 237 of the Health and Social Care Act 2012;
e the quality standards prepared by that Institute under section 234 of that Act;
f the guidance published under section 14Z51 of the NHSA 2006 (guidance for integrated care boards);
and such standards are “placed on” a body if the body is required to have regard to or comply with them.
6 For the purposes of subsection (1)(c)—
a “national information obligations” means duties regarding the obtaining, retention, use or disclosure of information, and
b “national accountability obligations” means duties (for example, those to keep accounts or records, or to provide or publish reports, plans or other information) which enable the management of a body, or the way in which functions are discharged, to be examined, inspected, reviewed or studied.
7 For the purposes of this section, a function is transferred by regulations under section 16 , by an order under section 105A of the 2009 Act or by regulations under section 19(1) of the 2022 Act, if—
a provision is made under subsection (1)(a) of the section in question for the function to be the function of a local authority , a combined authority or a combined county authority, or
b provision is made under subsection (1)(b) of that section for a function corresponding to the function to be conferred on a local authority , a combined authority or a combined county authority.
8 Nothing in this section prevents the conferral on a local authority , a combined authority or a combined county authority of duties to have regard to, or to promote or secure, the matters mentioned in sections 1 to 1F of the NHSA 2006 when exercising a function transferred to it by regulations under section 16 , by an order under section 105A of the 1999 Act or by regulations under section 19(1) of the 2022 Act.
9 In this section, “the health service” has the meaning given by section 275(1) of the NHSA 2006.

19 Amendments of the National Health Service Act 2006

Schedule 4 contains amendments of the National Health Service Act 2006 in connection with the exercise of health service functions of combined or local authorities and the control of information about local authority social care.

20 Referendums to undo change to mayor and cabinet executive

In the Local Government Act 2000, omit section 9NA (effect of section 9N order).

Sub-national transport bodies

21 Sub-national transport bodies

After Part 5 of the Local Transport Act 2008 insert—

National Park authorities

22 English National Park authorities: general powers

After section 65 of the Environment Act 1995 insert—

Final provisions

I523 Minor and consequential amendments

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.

24 Extent

This Act extends to England and Wales only.

25 Commencement

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.

26 Short title

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

SCHEDULES

SCHEDULE 1 

MAYORS FOR COMBINED AUTHORITY AREAS: FURTHER PROVISION ABOUT ELECTIONS

Section 2

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

SCHEDULE 2 

MAYORS FOR COMBINED AUTHORITY AREAS: POLICE AND CRIME COMMISSIONER FUNCTIONS

Section 4

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

SCHEDULE 3 

OVERVIEW AND SCRUTINY COMMITTEES AND AUDIT COMMITTEES

Section 8

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

SCHEDULE 4 

AMENDMENTS OF THE NATIONAL HEALTH SERVICE ACT 2006

Section 19

1The 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—
3 In subsection (4), after “group” insert “ or a combined authority ”.
3In section 13Z (exercise of functions), after subsection (6) insert—
4After section 13Z insert—
5After section 14Z3 insert—
6In section 75 (arrangements between NHS bodies and local authorities), after subsection (7) insert—
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—
4 In subsection (13), at the end insert—
8In section 275(1) (interpretation), after the definition of “clinical commissioning group” insert—
.
9In section 276 (index of defined expressions), at the appropriate place insert—
.

SCHEDULE 5 

MINOR AND CONSEQUENTIAL AMENDMENTS

Section 23

Local Government Act 1972

1The Local Government Act 1972 is amended as follows.
2In section 100E (application of Part 5A to committees and sub-committees), in subsection (3) after paragraph (b) insert—
.
3In section 100J (application of Part 5A to new authorities etc)—
a in subsection (1) after paragraph (be) insert—
;
b in subsection (3), after “(be),” insert “ (bf), ”;
c in subsection (4), in paragraph (a) after “joint authority,” insert “ a sub-national transport body, ”.
4In section 101 (arrangements for discharge of functions by local authorities)—
a after subsection (1C) insert—
;
b after subsection (5B) insert—
;
c in subsection (13) after “combined authority,” insert “ a sub-national transport body, ”.
5In section 270 (general provisions as to interpretation), in subsection (1) after the definition of “specified papers” insert—
.

Local Government Act 1985

6The Local Government Act 1985 is amended as follows.
7In section 72 (accounts and audit), for subsection (5) substitute—
8In section 73 (financial administration), in subsection (2) after “reference to” insert
.

Local Government Finance Act 1988

9The Local Government Finance Act 1988 is amended as follows.
10In section 74 (levies), omit subsection (9).
11In section 143 (orders and regulations), after subsection (4A) insert—

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—
.

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—
;
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—

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—
3 After subsection (6) insert—

Local Government Act 1999

15In section 1 of the Local Government Act 1999 (best value authorities), in subsection (1) after paragraph (hb) insert—
.

Freedom of Information Act 2000

16In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 2 (local government: England and Wales), after paragraph 28 insert—

Local Democracy, Economic Development and Construction Act 2009

17The 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—
19In section 104 (constitution and functions: transport), after subsection (2) insert—
20In 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
;
b after “the order” insert
3 After subsection (4) insert—
22In 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 ”.
23In 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 ”.
24In section 113 (requirements in connection with changes to existing combined arrangements), after subsection (3) insert—
25In section 113A (general power of EPB or combined authority), after subsection (3) insert—
26
1 Section 114 (incidental etc. provision) is amended as follows.
2 After subsection (1) insert—
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) ”.
27In section 115 (transfer of property, rights and liabilities), in subsection (1) after “liabilities” insert “ (including criminal liabilities) ”.
28In section 116 (consequential amendments), after subsection (1) insert—
29
1 Section 117 (orders) is amended as follows.
2 After subsection (1) insert—
3 After subsection (4) insert—
30
1 In section 120 (interpretation)—
a after the definition of “combined authority” insert—
;
b after the definition of “local government area” insert—
.

Equality Act 2010

31In 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

32The 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 ”.
34In 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 ”.
36In section 20 (interpretation) at the appropriate place insert—
.

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—
.
3 In section 44 (interpretation of Act), in subsection (1) after the definition of “special trustees for a hospital” insert—
.
4 In Schedule 2 (relevant authorities), after paragraph 28 insert—

Footnotes

  1. I1
    S. 15 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)
  2. I2
    S. 16 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)
  3. I3
    S. 17 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)
  4. I4
    S. 18 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)
  5. I5
    S. 23 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)
  6. F1
    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)
  7. F2
    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)
  8. F3
    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)
  9. F4
    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)
  10. F5
    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)
  11. F6
    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)
  12. F7
    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)
  13. F8
    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)
  14. F9
    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)
  15. F10
    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)
  16. F11
    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)
  17. F12
    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)
  18. F13
    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)
  19. F14
    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)
  20. F15
    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)
  21. F16
    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)
  22. F17
    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)
  23. F18
    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)
  24. F19
    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)
  25. F20
    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)
  26. F21
    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)
  27. F22
    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)
  28. F23
    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)
  29. F24
    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)