Legislation – Levelling-up and Regeneration Act 2023

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

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

53 Incidental etc provision

54 Transfer of property, rights and liabilities

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

79 Long-term empty dwellings: England

80 Dwellings occupied periodically: England

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

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

162 Public consultation etc

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

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

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

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Levelling-up and Regeneration Act 2023, Section 46.

Changes to Legislation

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Part 2Local democracy and devolution

Chapter 1Combined county authorities

Requirements in connection with regulations about CCAs

46Requirements in connection with establishment of CCA

(1)

The Secretary of State may make regulations establishing a CCA for an area only if—

(a)

the Secretary of State considers that to do so 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,

(b)

the Secretary of State considers that to do so is appropriate having regard to the need—

(i)

to secure effective and convenient local government, and

(ii)

to reflect the identities and interests of local communities,

(c)

where a proposal for the establishment of the CCA has been submitted under section 45, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,

(d)

the constituent councils consent, and

(e)

any consultation required by subsection (3) has been carried out.

(2)

If a proposal for the establishment of the CCA has been submitted under section 45, the Secretary of State must have regard to the proposal in making the regulations.

(3)

The Secretary of State must carry out a public consultation unless—

(a)

a proposal has been prepared under section 45,

(b)

a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and

(c)

the Secretary of State considers that no further consultation is necessary.

(4)

Subsection (5) applies where the Secretary of State is considering whether to make regulations establishing a CCA for an area and—

(a)

part of the area is separated from the rest of it by one or more local government areas that are not within the area, or

(b)

a local government area that is not within the area is surrounded by local government areas that are within the area.

(5)

In deciding whether to make the regulations, the Secretary of State must have regard to the likely effect of the creation of the proposed CCA on the exercise of functions equivalent to those of the proposed CCA’s functions in each local government area that is next to any part of the proposed CCA area.

(6)

In this Chapter “local government area” means the area of a county council or a district council.