{
  "url": "https://openlegislation.uk/english-devolution-and-community-empowerment-act-2026/schedule-28/paragraph-1",
  "json_url": "https://openlegislation.uk/english-devolution-and-community-empowerment-act-2026/schedule-28/paragraph-1.json",
  "legislation": "ukpga/2026/23",
  "legislation_title": "English Devolution and Community Empowerment Act 2026",
  "legislation_url": "https://openlegislation.uk/english-devolution-and-community-empowerment-act-2026",
  "path": "schedule/28/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Merger of single tiers of local government etc",
  "text": "(1) LGPIHA 2007 is amended as follows.\n(2) After section 2 insert—\n“Proposals for merger of single tiers of local government\n2A (1) The Secretary of State may invite or direct a relevant principal authority to make a proposal that there should be one or more single tiers of local government for an area which currently consists of—\n(a) the area of that authority, and\n(b) one or more other eligible areas.\n(2) A principal authority is a “relevant principal authority” for the purposes of subsection (1) if it is the district or county council for an area for which there is currently a single tier of local government.\n(3) An “eligible area” is an area for which there is a single tier of local government.\n(4) An invitation or direction may—\n(a) be such that the authority may choose which eligible areas (other than the area of that authority) should form the proposed area for the new single tier of local government;\n(b) specify which eligible areas (other than the area of that authority) should form the proposed area for the new single tier of local government.”\n(3) In section 3 (invitations, directions and proposals: supplementary)—\n(a) for subsection (1) substitute—\n“(1) A direction under section 2 or 2A may be given on or after the day on which this subsection comes into force.\n(1A) A direction under section 2 or 2A may only be given where the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.”;\n(b) in subsection (2), after “2” insert “or 2A”;\n(c) in subsection (3), after “2” insert “or 2A”;\n(d) in subsection (5)—\n(i) after “2” insert “or 2A”;\n(ii) for “that section” substitute “either of those sections”;\n(e) in subsection (6), after “2” insert “or 2A”;\n(f) in subsection (7), after “2” insert “or 2A”;\n(g) omit subsection (8).\n(4) In section 4 (request for Local Government Boundary Commission’s advice), in subsection (1), after “2” insert “or 2A”.\n(5) In section 5 (Local Government Boundary Commission’s powers)—\n(a) in subsection (4), for the words from “the Type” to the end substitute—\n“(a) in relation to a proposal in response to an invitation or direction under section 2, the Type A, Type B, Type C or combined proposal to which the request for advice related, or\n(b) in relation to a proposal in response to an invitation or direction under section 2A, the proposal to which the request for advice related.”;\n(b) in subsection (5), for paragraphs (a) and (b) substitute—\n“(a) in relation to a proposal in response to an invitation or direction under section 2—\n(i) a proposal that there should be a single tier of local government for an area that is, or includes, the whole or part of the county concerned, and is specified in the alternative proposal, or\n(ii) a proposal consisting of two or more proposals that are within paragraph (i) (and are not alternatives to one another);\n(b) in relation to a proposal in response to an invitation or direction under section 2A, a proposal that there should be one or more single tiers of local government for an area that—\n(i) includes the relevant area and one or more other areas for which there is a single tier of local government, and\n(ii) is specified in the alternative proposal.”;\n(c) in subsection (6)(a), after “(4)” insert “(a)”;\n(d) after subsection (6) insert—\n“(6A) In this section the “relevant area” means—\n(a) the area of the relevant principal authority which made the proposal referred to in subsection (4)(b), or\n(b) where that proposal was made by more than one relevant principal authority, the area of any of those authorities.”\n(6) In section 7 (implementation of proposals by order)—\n(a) in subsection (1), after “2” insert “or 2A”;\n(b) in subsection (4), after “a proposal” insert “in response to an invitation or direction under section 2”;\n(c) after subsection (4) insert—\n“(4A) For the purposes of this section an authority is “affected by” a proposal in response to an invitation or direction under section 2A if—\n(a) it is the district or county council for an area for which there is currently a single tier of local government, and\n(b) that area would fall within the proposed new single tier of local government.”\n(7) In section 11 (implementation orders: provision that may be included)—\n(a) after subsection (4)(e) insert—\n“(ea) where the order makes provision for a single tier of local government for an area that comprises or includes the area of a combined authority or combined county authority, for the abolition of the combined authority or combined county authority;”;\n(b) after subsection (7) insert—\n“(8) In this section, “combined authority” and “combined county authority” have the same meaning as in section 11A (see subsection (10) of that section).”\n(8) After section 11 insert—\n“Implementation orders: conversion of combined county authorities\n11A (1) This section applies where the implementation of a proposal in response to an invitation or direction under section 2 or 2A means that the area of a combined county authority—\n(a) will no longer meet condition A in section 9(2) of the Levelling-Up and Regeneration Act 2023 (area of combined county authority), but\n(b) will meet condition A in section 103(2) of the Local Democracy, Economic Development and Construction Act 2009 (area of combined authority).\n(2) The Secretary of State may by regulations make provision that the relevant body corporate is to continue in existence but—\n(a) is no longer a combined county authority, and\n(b) is instead a combined authority.\n(3) Accordingly, where regulations make provision under subsection (2), the combined authority and the combined county authority are the same person in law.\n(4) The Secretary of State may by regulations make provision that the relevant office of mayor (if any) is to continue in existence but—\n(a) is no longer the office of mayor for the area of the combined county authority, and\n(b) is instead the office of mayor for the area of the combined authority.\n(5) Accordingly, where regulations make provision under subsection (4)—\n(a) the office of mayor for the area of the combined authority and the office of mayor for the area of the combined county authority is the same office in law;\n(b) the person who holds the relevant office of mayor continues to hold that office.\n(6) The power to make regulations under this section includes power to make incidental, consequential, transitional or supplementary provision.\n(7) The power to make provision under subsection (6) includes (but is not limited to) provision—\n(a) for the combined authority to be treated for some or all purposes as if it is a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;\n(b) for the office of mayor for the area of the combined county authority to be treated for some or all purposes as if it is provided for under section 107A of the Local Democracy, Economic Development and Construction Act 2009.\n(8) Provision made under this section may—\n(a) modify, disapply or apply (with or without modifications) any enactment;\n(b) repeal or revoke any enactment with or without savings.\n(9) In this section “enactment” includes—\n(a) this Act (other than a provision of this Part);\n(b) an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978 (whenever passed or made),\nbut it does not include an Act other than this Act.\n(10) In this section—\n“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;\n“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;\n“modify” includes amend;\n“relevant body corporate” means the body corporate which the combined county authority was established as;\n“relevant office of mayor” means the office of mayor for the area of the combined county authority.”\n(9) In section 240 (orders, regulations and guidance), in subsection (6), in the opening words, after “regulations under section” insert “11A,”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 28 para. 1 in force at Royal Assent for specified purposes, see s. 108(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 28 para. 1 in force at 29.6.2026 in so far as not already in force, see s. 108(5)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/23/schedule/28/paragraph/1",
    "retrieved_at": "2026-11-05T03:43:57.197615+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}