Legislation – Levelling-up and Regeneration Act 2023

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Introduction

Part 1
Levelling-up missions

1 Statement of levelling-up missions

2 Statement of levelling-up missions: devolution

3 Annual etc reports on delivery of levelling-up missions

4 Reports: Parliamentary scrutiny and publication

5 Changes to mission progress methodology and metrics or target dates

6 Reviews of statements of levelling-up missions

7 Levelling Up Fund Round 3

8 Interpretation of Part 1

Part 2
Local democracy and devolution

Chapter 1 Combined county authorities

CCAs and their areas

9 Combined county authorities and their areas

Constitution of CCAs

10 Constitutional arrangements

11 Non-constituent members of a CCA

12 Associate members of a CCA

13 Regulations about members

14 Review of CCA’s constitutional arrangements

15 Overview and scrutiny committees

16 Funding

17 Change of name

Functions of CCAs

18 Local authority functions

19 Other public authority functions

20 Section 19 regulations: procedure

21 Integrated Transport Authority and Passenger Transport Executive

22 Directions relating to highways and traffic functions

23 Contravention of regulations under section 22

24 Designation of key route network roads

Changes to CCAs

25 Changes to boundaries of a CCA’s area

26 Dissolution of a CCA’s area

Mayors for CCA areas

27 Power to provide for election of mayor

28 Requirements in connection with regulations under section 27

29 Deputy mayors etc

30 Functions of mayors: general

31 Procedure for direct conferral of general functions on mayor

32 Joint exercise of general functions

Police and crime and fire and rescue functions

33 Functions of mayors: policing

34 Exercise of fire and rescue functions

35 Section 34 regulations: procedure

36 Section 34 regulations: further provision

37 Section 34 regulations: exercise of fire and rescue functions

38 Section 34 regulations: complaints and conduct matters etc

39 Section 34 regulations: application of fire and rescue provisions

40 Section 34 regulations: application of local policing provisions

Financial matters relating to mayors

41 Mayors for CCA areas: financial matters

Alternative mayoral titles

42 Alternative mayoral titles

43 Alternative mayoral titles: further changes

44 Power to amend list of alternative titles

Requirements in connection with regulations about CCAs

45 Proposal for new CCA

46 Requirements in connection with establishment of CCA

47 Proposal for changes to existing arrangements relating to CCA

48 Requirements for changes to existing arrangements relating to CCA

General powers of CCAs

49 General power of CCA

50 Boundaries of power under section 49

51 Power to make provision supplemental to section 49

52 General power of competence

Supplementary

53 Incidental etc provision

54 Transfer of property, rights and liabilities

55 Guidance

56 Consequential amendments

57 Interpretation of Chapter

Chapter 2 Other provision

Combined authorities

58 Review of combined authority’s constitutional arrangements

59 Consent to changes to combined authority’s area

60 Changes to mayoral combined authority’s area: additional requirements

61 Consent to conferral of general functions on mayor

62 Consent to conferral of police and crime commissioner functions on mayor

63 Functions in respect of key route network roads

64 Membership of combined authority

65 Proposal for establishment of combined authority

66 Proposal for changes to existing combined arrangements

67 Consequential amendments relating to section 65 and 66

68 Regulations applying to combined authorities

69 Combined authorities and combined county authorities: power to borrow

70 Payment of allowances to committee members

Local authority governance

71 Timing for changes in governance arrangements

72 Transfer of functions: changes in governance arrangements

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

Police and crime commissioners and the Mayor’s Office for Policing and Crime

74 Participation of police and crime commissioners at certain local authority committees

75 Disposal of land

Alternative mayoral titles

76 Combined authorities: alternative mayoral titles

77 Local authorities in England: alternative mayoral titles

Local government capital finance

78 Capital finance risk management

Council tax

79 Long-term empty dwellings: England

80 Dwellings occupied periodically: England

Street names

81 Alteration of street names: England

Other provision

82 Powers of parish councils

83 The Common Council of the City of London: removal of voting restrictions

Part 3
Planning

Chapter 1 Planning data

84 Power in relation to the processing of planning data

85 Power in relation to the provision of planning data

86 Power to require certain planning data to be made publicly available

87 Power to require use of approved planning data software in England

88 Disclosure of planning data does not infringe copyright in certain cases

89 Requirements to consult devolved administrations

90 Planning data regulations made by devolved authorities

91 Interpretation of Chapter

Chapter 2 Development plans etc

Development plans and national policy

92 Development plans: content

93 Role of development plan and national policy in England

94 National development management policies: meaning

Spatial development strategy for London

95 Contents of the spatial development strategy

96 Adjustment of terminology

Local planning

97 Plan making

Neighbourhood planning

98 Contents of a neighbourhood development plan

99 Neighbourhood development plans and orders: basic conditions

Requirement to assist with plan making

100 Requirement to assist with certain plan making

Minor and consequential amendments

101 Minor and consequential amendments in connection with Chapter 2

Chapter 3 Heritage

102 Regard to certain heritage assets in exercise of planning functions

103 Temporary stop notices in relation to listed buildings

104 Urgent works to listed buildings: occupied buildings and recovery of costs

105 Removal of compensation for building preservation notice

Chapter 4 Grant and implementation of planning permission

106 Street votes

107 Street votes: community infrastructure levy

108 Street votes: modifications of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017

109 Crown development

110 Material variations in planning permission

111 Development commencement notices

112 Completion notices

113 Power to decline to determine applications in cases of earlier non-implementation etc

114 Condition relating to development progress reports

Chapter 5 Enforcement of planning controls

115 Time limits for enforcement

116 Duration of temporary stop notices

117 Enforcement warning notices

118 Restriction on appeals against enforcement notices

119 Undue delays in appeals

120 Penalties for non-compliance

121 Power to provide relief from enforcement of planning conditions

Chapter 6 Other provision

122 Consultation before applying for planning permission

123 Duty in relation to self-build and custom housebuilding

124 Powers as to form and content of planning applications

125 Additional powers in relation to planning obligations

126 Fees for certain services in relation to nationally significant infrastructure projects

127 Power to shorten deadline for examination of development consent order applications

128 Additional powers in relation to non-material changes to development consent orders

129 Hazardous substances consent: connected applications to the Secretary of State

130 Regulations and orders under the Planning Acts

131 Power for appointees to vary determinations as to procedure

132 Pre-consolidation amendment of planning, development and compulsory purchase legislation

133 Participation in certain proceedings conducted by, or on behalf of, the Secretary of State

134 Power of certain bodies to charge fees for advice in relation to applications under the Planning Acts

135 Biodiversity net gain: pre-development biodiversity value and habitat enhancement

136 Development affecting ancient woodland

Part 4
Infrastructure Levy and Community Infrastructure Levy

137 Infrastructure Levy: England

138 Power to designate Homes and Communities Agency as a charging authority

139 Restriction of Community Infrastructure Levy to Greater London and Wales

140 Enforcement of Community Infrastructure Levy

Part 5
Community land auction pilots

141 Community land auction arrangements and their purpose

142 Power to permit community land auction arrangements

143 Application of CLA receipts

144 Duty to pass CLA receipts to other persons

145 Use of CLA receipts in an area to which section 144(1) duty does not relate

146 CLA infrastructure delivery strategy

147 Power to provide for authorities making joint local plans

148 Parliamentary scrutiny of pilot

149 CLA regulations: further provision and guidance

150 Expiry of Part 5

151 Interpretation of Part 5

Part 6
Environmental outcomes reports

152 Power to specify environmental outcomes

153 Environmental outcomes reports for relevant consents and relevant plans

154 Power to define “relevant consent” and “relevant plan” etc

155 Assessing and monitoring impact on outcomes etc

156 Safeguards: non-regression, international obligations and public engagement

157 Requirements to consult devolved administrations

158 EOR regulations: devolved authorities

159 Exemptions for national defence and civil emergency etc

160 Enforcement

161 Reporting

162 Public consultation etc

163 Guidance

164 Interaction with existing environmental assessment legislation and the Habitats Regulations

165 Consequential repeal of power to make provision for environmental assessment

166 EOR regulations: further provision

167 Interpretation of Part 6

Part 7
Nutrient pollution standards

168 Nutrient pollution standards to apply to certain sewage disposal works

169 Planning: assessments of effects on certain sites

170 Remediation

Part 8
Development corporations

171 Locally-led urban development corporations

172 Development corporations for locally-led new towns

173 Minor and consequential amendments

174 Planning functions of urban development corporations

175 Planning functions of new town development corporations

176 Mayoral development corporation as minerals and waste planning authority

177 Minor and consequential amendments

178 Removal of restrictions on membership of urban development corporations and new town development corporations

179 Removal of limits on borrowing of urban development corporations and new town development corporations

Part 9
Compulsory purchase

180 Acquisition by local authorities for purposes of regeneration

181 Online publicity

182 Confirmation proceedings

183 Conditional confirmation

184 Corresponding provision for purchases by Ministers

185 Time limits for implementation

186 Agreement to vary vesting date

187 Common standards for compulsory purchase data

188 ‘No-scheme’ principle: minor amendments

189 Prospects of planning permission for alternative development

190 Power to require prospects of planning permission to be ignored

Part 10
Letting by local authorities of vacant high-street premises

191 Designated high streets and town centres

192 High-street uses and premises

193 Vacancy condition

194 Local benefit condition

195 Initial notice

196 Restriction on letting while initial notice in force

197 Circumstances in which letting to be permitted

198 Final notice

199 Restriction on letting while final notice in force

200 Restriction on works while final notice in force

201 Counter-notice

202 Appeals

203 Rental auctions

204 Power to contract for tenancy

205 Terms of contract for tenancy

206 Terms of tenancy

207 Power to grant tenancy in default

208 Deemed consent of superior lessor or mortgagee

209 Exclusion of security of tenure

210 Power to require provision of information

211 Power to enter and survey land

212 Offences in connection with section 211

213 Power to extend time limits

214 Further provision about letting notices

215 Other formalities

216 Compensation

217 Power to modify or disapply enactments applicable to letting

218 Interpretation of Part 10

Part 11
Information about interests and dealings in land

219 Power to require provision of certain classes of information

220 The beneficial ownership purpose

221 The contractual control purpose

222 The national security purpose

223 Requirements may include transactional information

224 Use of information

225 Offences

226 Enforcement of requirements

227 Interpretation of Part 11

Part 12
Miscellaneous

228 Registration of short-term rental properties

229 Pavement licences

230 Historic environment records

231 Review of governance etc of RICS

232 Marine licensing

233 Power to replace Health and Safety Executive as building safety regulator

234 Transfer schemes in connection with regulations under section 233

235 Transfer of land by local authorities

236 Open access mapping

237 Childcare: use of non-domestic premises

238 Childcare: number of providers

239 Amendments of Schedule 7B to the Government of Wales Act 2006

240 Blue plaques in England

241 Powers of local authority in relation to the provision of childcare

242 Report on enforcement of the Vagrancy Act 1824

243 Qualifying leases under the Building Safety Act 2022

244 Road user charging schemes in London

245 Protected landscapes

Part 13
General

246 Data protection

247 Crown application

248 Amendments of references to “retained direct EU legislation”

249 Abbreviated references to certain Acts

250 Power to make consequential provision

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

252 Regulations

253 Financial provisions

254 Extent

255 Commencement and transitional provision

256 Short title

SCHEDULES

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

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

Schedule 3 Mayors for combined county authority Areas: PCC functions

Schedule 4 Combined county authorities: consequential amendments

Schedule 5 Alteration of street names: consequential amendments

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

Schedule 7 Plan making

Schedule 8 Minor and consequential amendments in connection with Chapter 2 of Part 3

Schedule 9 Street votes: minor and consequential amendments

Schedule 10 Crown development: consequential amendments

Schedule 11 Completion notices: consequential amendments

Schedule 12 Infrastructure Levy

Schedule 13 Regulations under Chapter 1 of Part 3 or Part 6: restrictions on devolved authorities

Schedule 14 Existing environmental assessment legislation

Schedule 15 Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards

Schedule 16 Locally-led development corporations: minor and consequential amendments

Schedule 17 Planning functions of development corporations: minor and consequential amendments

Schedule 18 Conditional confirmation and making of compulsory purchase orders: consequential amendments

Schedule 19 Compulsory purchase: corresponding provision for purchases by Ministers

Schedule 20 Grounds of appeal against final letting notice

Schedule 21 Provision to be included in terms of tenancy further to contract under section 204

Schedule 22 Pavement licences

Schedule 23 Use of non-domestic premises for childcare: registration

Schedule 24 Regulations under Chapter 1 of Part 3 or Part 6: form and scrutiny

Part 2Local democracy and devolution

Chapter 1Combined county authorities

Functions of CCAs

18Local authority functions

(1)

The Secretary of State may by regulations provide for a function of a county council or a district council that is exercisable in relation to an area which is within a CCA’s area to be exercisable by the CCA in relation to the CCA’s area.

(2)

The Secretary of State may make regulations under subsection (1) only if the Secretary of State considers that the function can appropriately be exercised by the CCA.

(3)

Regulations under subsection (1) may make provision for the function to be exercisable by the CCA either generally or subject to such conditions or limitations as may be specified in the regulations.

(4)

Regulations under subsection (1) which provide for a function of a county council or a unitary district council to be exercisable by a CCA may make provision for the function to be exercisable by the CCA instead of by the county council or unitary district council.

(5)

Regulations under subsection (1) which provide for a function of a county council or a district council to be exercisable by a CCA may make provision—

(a)

for the function to be exercisable by the CCA concurrently with the county council or district council,

(b)

for the function to be exercisable by the CCA and the county council or district council jointly, or

(c)

for the function to be exercisable by the CCA jointly with the county council or district council but also continue to be exercisable by the council alone.

(6)

Regulations under subsection (1) may be made in relation to a CCA only with the consent of—

(a)

the constituent councils, and

(b)

in the case of regulations in relation to an existing CCA, the CCA.

19Other public authority functions

(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 CCA’s area to be a function of the CCA;

(b)

make provision for conferring on a CCA 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 CCA subject to conditions or limitations specified in the regulations;

(b)

provision as to joint working arrangements between the CCA 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 CCA to have the function instead of the public authority,

(b)

for the function to be exercisable by the CCA concurrently with the public authority,

(c)

for the function to be exercisable by the CCA and the public authority jointly, or

(d)

for the function to be exercisable by the CCA 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 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 subsection (1) 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 CCA in relation to its area if the regulated function is itself exercisable by the CCA 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 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.

(9)

In this section—

function” (except in subsection (4)) 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”—

(a)

includes a Minister of the Crown or a government department;

(b)

does not include a county council or a district council;

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.

20Section 19 regulations: procedure

(1)

The Secretary of State may make regulations under section 19(1) only if—

(a)

a proposal for the making of the regulations in relation to the CCA has been made to the Secretary of State—

(i)

as part of a proposal under section 45, or

(ii)

in accordance with section 47, or

(b)

the appropriate consent is given and 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 area or areas to which the regulations relate.

(2)

For the purposes of subsection (1)(b), the appropriate consent is given to the making of regulations under section 19(1) only if—

(a)

in the case of regulations relating to an existing CCA, each appropriate authority consents;

(b)

in any other case, each constituent council consents.

(3)

The requirements in subsection (1) do not apply where the regulations are made under sections 19(1) and 30(1) in relation to an existing mayoral CCA and provide for a function—

(a)

to be a function of the CCA, and

(b)

to be a function exercisable only by the mayor.

See section 31 in relation to regulations of this kind.

(4)

The requirement in subsection (1)(b) for the appropriate consent to be given to the making of regulations under section 19(1) does not apply where—

(a)

the regulations revoke (in whole or in part), or otherwise amend, previous regulations under section 19(1), and

(b)

the only purpose of the regulations is to provide for a health service function of a CCA to cease to be exercisable by the CCA.

(5)

In subsection (4)(b)health service function of a CCA” 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 CCA by virtue of regulations under section 19(1).

(6)

At the same time as laying a draft of a statutory instrument containing regulations under section 19(1) 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)

For the purposes of this section “the appropriate authorities” are—

(a)

each constituent council, and

(b)

in the case of regulations in relation to an existing CCA, the CCA.

21Integrated Transport Authority and Passenger Transport Executive

(1)

The Secretary of State may by regulations transfer functions of an Integrated Transport Authority (an “ITA”) to a CCA.

(2)

Regulations under subsection (1) may only be made in relation to functions exercisable by the ITA in relation to an area that becomes, or becomes part of, the CCA’s area by virtue of regulations under this Chapter.

(3)

The Secretary of State may by regulations provide for any function that is conferred or imposed on a Passenger Transport Executive by any enactment (whenever passed or made) to be exercisable by a CCA or the executive body of a CCA in relation to the CCA’s area.

(4)

Regulations under subsection (3) may make provision for any function that—

(a)

is conferred or imposed on an ITA by any enactment (whenever passed or made), and

(b)

relates to the functions of a Passenger Transport Executive,

to be exercisable by a CCA in relation to the CCA’s area.

(5)

Regulations under this section may be made in relation to a CCA only with the consent of—

(a)

the constituent councils, and

(b)

in the case of regulations in relation to an existing CCA, the CCA.

22Directions relating to highways and traffic functions

(1)

The Secretary of State may by regulations confer on a CCA a power to give a direction about the exercise of an eligible power.

(2)

An “eligible power” means a power of a county council or a unitary district council which the council has—

(a)

as highway authority by virtue of section 1 of the Highways Act 1980, or

(b)

as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984.

(3)

In this section references to a power do not include a reference to a duty.

(4)

A power of direction under this section must relate only to the exercise of an eligible power in—

(a)

the area of the CCA, and

(b)

the area of the authority subject to the direction.

(5)

A power of direction under this section must relate only to the exercise of an eligible power in respect of—

(a)

a particular road (whether or not specified in the regulations), or

(b)

a description of road (whether or not specified in the regulations).

(6)

In subsection (5) “road”—

(a)

has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984, and

(b)

does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991.

(7)

A power of direction under this section must relate only to any one or more of—

(a)

the provision of information about the exercise of an eligible power which the authority subject to the direction has or might reasonably be expected to acquire;

(b)

the imposition on such an authority of requirements relating to procedures to be followed prior to the exercise of an eligible power;

(c)

the imposition on such an authority of requirements relating to the obtaining of consent prior to the exercise of an eligible power;

(d)

the imposition on such an authority of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised);

(e)

a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions);

(f)

a prohibition on the exercise of an eligible power.

(8)

A power of direction under this section may be conferred subject to conditions.

(9)

Any direction given by virtue of this section—

(a)

must be given in writing and may be varied or revoked by a further direction in writing, and

(b)

may make different provision for different cases and different provision for different areas.

(10)

If regulations under subsection (1) make provision for a direction by virtue of subsection (7)(e), the regulations must make provision for the direction not to have effect unless the CCA meets the cost of complying with the direction.

(11)

Except as provided for by section 24(7), regulations under subsection (1) may be made in relation to a CCA only with the consent of—

(a)

the constituent councils, and

(b)

in the case of regulations in relation to an existing CCA, the CCA.

23Contravention of regulations under section 22

(1)

Regulations under section 22(1) may provide that, if an authority exercises any power in contravention of a direction under such regulations, the CCA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.

(2)

For the purposes of subsection (1), the CCA has power to exercise any power of the authority subject to the direction on behalf of that authority.

(3)

Any reasonable expenses incurred by the CCA in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt.

24Designation of key route network roads

(1)

A CCA may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of—

(a)

each constituent council in whose area the highway or proposed highway is, and

(b)

in the case of a mayoral CCA, the mayor.

(2)

The Secretary of State may designate a highway or proposed highway in the area of a CCA as a key route network road, or remove its designation as a key route network road, if requested to do so by—

(a)

the CCA,

(b)

the mayor (if any) of the CCA, or

(c)

a constituent council.

(3)

A designation or removal under this section must be in writing and must state when it comes into effect.

(4)

The Secretary of State must send a copy of a designation or removal under subsection (2) to the CCA in question at least 7 days before the date on which it comes into effect.

(5)

A CCA must publish each designation or removal under this section of a key route network road within its area before the date on which it comes into effect.

(6)

A CCA that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.

(7)

The requirements in section 22(11) and section 30(11)(a) do not apply to provision under section 22(1) and section 30(1) contained in the same instrument so far as that provision—

(a)

confers a power of direction on an existing mayoral CCA regarding the exercise of an eligible power in respect of key route network roads in the area of that CCA,

(b)

provides for that power of direction to be exercisable only by the mayor of the CCA, and

(c)

is made with the consent of the mayor after the mayor has consulted the constituent councils.

(8)

When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—

(a)

a statement by the mayor that all of the constituent councils agree to the making of the regulations, or

(b)

if the mayor is unable to make that statement, the reasons why the mayor considers the regulations should be made even though not all of the constituent councils agree to them being made.

(9)

In this section—

eligible power” has the meaning given by section 22(2);

key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;

proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.