# English Devolution and Community Empowerment Act 2026, Paragraph 5: Power of direction: combined authorities

Extent: E+W

(1) Section 104 of LDEDCA 2009 (constitution and functions: transport) is amended in accordance with this paragraph.
(2) After subsection (3) insert—
“(3A) In its application by virtue of this section, the Local Transport Act 2008 has effect with the modifications set out in subsections (3B) and (3C).
(3B) Section 88 (conferral of a power to direct) has effect as if—
(a) for subsection (1) there were substituted—
“(1) The Secretary of State may by regulations—
(a) confer on a non-mayoral combined authority a power to give a direction about the exercise of an eligible power;
(b) confer on a mayoral combined authority a power to give a direction about the exercise of an eligible power in relation to roads that are not key route network roads (see section 107ZA).”;
(b) for subsection (7) there were substituted—
“(7) In subsection (6) “road”—
(a) in the case of a power of direction under subsection (1)(a), has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984;
(b) in the case of a power of direction under subsection (1)(b), means a road that is not a key route network road;
(c) in either case, 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.”
(3C) The Act has effect as if the following were inserted after section 89—
“Highways and traffic functions: directions by mayors
89ZA (1) A mayoral combined authority may give a direction about the exercise of—
(a) an eligible power, or
(b) a street authority or permit authority power,
in respect of a particular key route network road or a description of roads which are all key route network roads.
(2) The power under this section to give a direction is exercisable only by the mayor for the area of a combined authority on behalf of the combined authority.
(3) A direction under this section must relate only to the exercise of a relevant power—
(a) by a constituent council of the combined authority;
(b) in—
(i) the area of the combined authority, and
(ii) the area of the constituent council.
(4) Any direction given under 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.
(5) Before giving a direction under this section, a mayor must have regard to the following—
(a) the network management duty imposed by section 16 of the Traffic Management Act 2004;
(b) the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty);
(c) any guidance issued under section 18 of that Act;
(d) any guidance issued under section 118 of the Local Democracy, Economic Development and Construction Act 2009.
(6) On the day on which a mayor gives a direction under this section, the mayor must publish a copy of the direction in such manner as the mayor considers appropriate.
(7) A mayor who gives a direction under this section must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).
(8) In a case where works are carried out in complying with the direction, the costs of the works are those incurred—
(a) before or while carrying out the works, or
(b) during the period that ends 12 months after completion of the works.
(9) The following provisions of this Act apply in relation to a combined authority as they apply in relation to an ITA on whom functions of a kind described in section 88 are conferred—
(a) section 88(10) (provisions about directions);
(b) section 89(2) and (3) (power to remedy contravention of direction).
(10) In this section—
“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;
“power”, in the definition of “eligible power” or street authority or permit authority power, does not include a duty;
“relevant power” means—
(a)an eligible power, or
(b)a street authority or permit authority power;
“street authority or permit authority power” means a power of a county council or a unitary district council which the council has—
(a)as a street authority by virtue of section 49 of the New Roads and Street Works Act 1991, or
(b)under section 33 or 33A of the Traffic Management Act 2004 or under a permit scheme prepared under section 33 of that Act.
Contraventions of section 89ZA
89ZB (1) If an authority (the “defaulting authority”) exercises any power in contravention of a direction under section 89ZA given by a combined authority (the “CA”), the CA 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 CA has power to exercise any power of the defaulting authority on behalf of that authority.
(3) Any reasonable expenses incurred by the CA in taking any steps under subsection (1) are recoverable from the defaulting authority as a civil debt.””
(3) In subsection (10), omit “Except as provided for by section 107ZA(7),”.

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Source: https://www.legislation.gov.uk/ukpga/2026/23/schedule/11/paragraph/5 (the official version)
Page: https://openlegislation.uk/english-devolution-and-community-empowerment-act-2026/schedule-11/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.