# The English Devolution and Community Empowerment Act 2026 (Commencement No. 3) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations are the third commencement regulations under the English Devolution and Community Empowerment Act 2026 (c. 23) (“the EDCEA 2026”).
Regulation 2 brings into force, on 29th October 2026, paragraph 2 of Schedule 9 to the EDCEA 2026 (and section 26 of, and paragraph 1 of Schedule 9 to, that Act in so far as they relate to paragraph 2 of Schedule 9). Paragraph 2 of Schedule 9 makes amendments to sections 74A and 74B of the New Roads and Street Works Act 1991 (c. 22) (“the NRSWA 1991”).
These Regulations bring into force amendments to the NRSWA 1991 which devolve the power from the Secretary of State to Mayors of Mayoral Combined Authorities (“MCA”) and Mayors of Mayoral Combined County Authorities (“MCCA”), to approve, by an Order, a highway authority to charge an undertaker for street works. For highway authorities that are not part of an MCA or MCCA, the Secretary of State continues to be the appropriate authority to approve those highway authorities to charge undertakers for street works under sections 74A and 74B of the NRSWA 1991, and continues to be the appropriate authority where, at the time an application for approval to issue charges is submitted, the first Mayor for an MCA or MCCA has not yet taken office.
These Regulations do not commence paragraphs 3 and 4 of Schedule 9.
An impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Impact Assessment was produced for the EDCEA 2026 and is available from https://bills.parliament.uk/publications/63710/documents/7405, and copies can be obtained from the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF.

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Source: https://www.legislation.gov.uk/uksi/2026/1127/note (the official version)
Page: https://openlegislation.uk/english-devolution-and-community-empowerment-act-2026-commencement-no-3-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.