# English Devolution and Community Empowerment Act 2026, Paragraph 3: Schedule 5BA to LDEDCA 2009

Extent: E+W

After Schedule 5B to LDEDCA 2009 insert—
“Schedule 5BA
Commissioners
Section 107CA
Application of Schedule
1 This Schedule applies to commissioners appointed by the mayor for the area of a combined authority (see section 107CA).
Persons ineligible for appointment
2 (1) The appointment of an ineligible person as a commissioner is of no effect.
(2) The appointment of a person ceases to have effect if a person becomes ineligible after appointment as a commissioner.
(3) For the purposes of this paragraph a person is “ineligible” if the person—
(a) is disqualified for being elected or holding office as the mayor for the area of a combined authority under paragraph 9, 9A or 9B of Schedule 5B, or
(b) is the mayor or deputy mayor for the area of the combined authority to which the appointment relates.
(4) But being a commissioner does not make a person ineligible by virtue of paragraph 8(1)(a) of Schedule 2 (as applied by sub-paragraph (3)(a)) — instead see paragraph 4(3).
(5) Any defect in the appointment of a person as a commissioner, or in the qualifications of a person appointed as a commissioner, does not affect the validity of anything done by the person as commissioner.
Terms and conditions of appointment
3 (1) The mayor must determine the terms and conditions of a person’s appointment as a commissioner.
(2) But that is subject to the provisions of this Schedule.
Commissioner to work in only one area of competence
4 (1) The terms and conditions must provide for the person’s work as commissioner to relate to one of the areas of competence (the commissioner’s “special” area of competence)., whether by relating to—
(a) one or more aspects of that area of competence, or
(b) that area of competence generally.
(2) This paragraph does not prevent a person’s work as a commissioner from relating incidentally—
(a) to any area of competence other than the commissioner’s special area, or
(b) to matters outside any of the areas of competence.
(3) The appointment of a person as a commissioner (the “invalid appointment”) is of no effect if (in the absence of this paragraph) the person would, at any particular time, be serving—
(a) as commissioner under the invalid appointment, and
(b) as commissioner under another appointment made before, or at the same time as, the invalid appointment—
(i) under section 107CA (whether or not in relation to the same combined authority as the invalid appointment), or
(ii) under section 29A of the Levelling-up and Regeneration Act 2023 (appointments by mayors of CCAs).
Duration of appointment
5 (1) The terms and conditions must provide for a person’s appointment as a commissioner to end on or before the last day of the relevant term of office of the mayor making the appointment.
(2) If the mayor who made the appointment ceases to hold office before the last day of the relevant term of office—
(a) any arrangements under section 107D(3)(ba) for the commissioner to exercise functions cease to have effect;
(b) the commissioner must not carry out any work as commissioner, except work in preparation for the ending of the appointment in accordance with paragraph (c); and
(c) the appointment as commissioner ends with the earlier of the following days—
(i) the day on which a person next becomes mayor for the area of the combined authority;
(ii) the last day of the period of three months beginning with the day on which the mayor ceases to hold office.
(3) In this paragraph “relevant term of office”, in relation to an appointment of a person as a commissioner made by a mayor, means the term of office of the mayor during which, or in relation to which, the appointment is made.
Limitation on delegation of functions
6 (1) The power of the mayor to arrange under section 107D(3)(ba) for a commissioner to exercise a function is subject to this paragraph.
(2) The mayor may not arrange for a commissioner to exercise—
(a) any function of approving—
(i) a local growth plan under section 107L,
(ii) a local transport plan under Part 2 of the Transport Act 2000,
(iii) a spatial development strategy under Part 2 of the Planning and Compulsory Purchase Act 2004, or
(iv) any other document that is specified for the purposes of this paragraph in an order made by the Secretary of State;
(b) any function of making or terminating the appointment of a person as a member of staff or holder of any office or role (whether as an employee or otherwise);
(c) any function of a police and crime commissioner that is exercisable by the mayor or the deputy mayor for policing and crime;
(d) excepted fire and rescue functions.
(3) The mayor must obtain the consent of the combined authority to any arrangement for a commissioner to exercise a function; but this does not apply to a function that is exercisable only by the mayor on behalf of the combined authority.
(4) The mayor may not arrange for a commissioner to exercise a function except in relation to the commissioner’s special area of competence.
(5) That does not prevent the mayor from arranging for the commissioner to exercise the function incidentally in relation—
(a) to any area of competence other than the commissioner’s special area, or
(b) to matters outside any of the areas of competence.
(6) In this paragraph “excepted fire and rescue functions” means—
(a) functions under the following provisions of the FRSA 2004—
(i) section 13 (reinforcement schemes);
(ii) section 15 (arrangements with other employers of fire-fighters);
(iii) section 16 (arrangements for discharge of functions by others);
(b) the functions of—
(i) appointing, suspending or dismissing the chief fire officer;
(ii) approving the terms of appointment of the chief fire officer;
(iii) holding the chief fire officer to account for managing the fire and rescue service;
(c) approving—
(i) the community risk management plan;
(ii) the fire and rescue declaration;
(d) approving plans, modifications to plans and additions to plans for the purpose of ensuring that—
(i) as far as reasonably practicable, the combined authority is able to perform its fire and rescue functions if an emergency occurs, and
(ii) the combined authority is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;
(e) approving any arrangements for the co-operation of the combined authority in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of—
(i) the performance of the combined authority’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise);
(ii) any duties under subordinate legislation made in exercise of powers under that Act.
(7) In sub-paragraph (6) and this sub-paragraph—
“Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental);
“chief fire officer” means the person with responsibility for managing the fire and rescue service;
“community risk management plan” means a plan which—
(a)is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, and
(b)sets out for the period covered by the document in accordance with the requirements of the Framework—
(i)the combined authority’s priorities and objectives, and
(ii)an assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the combined authority’s fire and rescue functions;
“emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”);
“fire and rescue authority” means a fire and rescue authority under the FRSA 2004;
“fire and rescue declaration” means a document which—
(a)is prepared and published by the combined authority in accordance with the Fire and Rescue National Framework, and
(b)contains a statement of the way in which the combined authority has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the combined authority for that period;
“fire and rescue functions” means—
(a)functions of a fire and rescue authority which the combined authority has by virtue of an order under section 105A, or
(b)functions which the combined authority has as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the FRSA 2004;
“Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the FRSA 2004;
“fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under—
(a)section 6 of the FRSA 2004 (fire safety);
(b)section 7 of the FRSA 2004 (fire-fighting);
(c)section 8 of the FRSA 2004 (road traffic accidents);
(d)any applicable order under section 9 of the FRSA 2004 (emergencies);
(e)section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise) and any applicable subordinate legislation made under that Act;
(f)any other provision of, or made under, an enactment which confers functions on a fire and rescue authority;
“FRSA 2004” means the Fire and Rescue Services Act 2004.
Allowances
7 (1) A combined authority may—
(a) make a scheme providing for the payment of allowances to commissioners appointed by the mayor for the area of the combined authority, and
(b) pay allowances in accordance with the scheme.
(2) A combined authority may only make a scheme if—
(a) the combined authority has considered a report published by a relevant remuneration panel which contains recommendations for the allowances provided for in the scheme, and
(b) the allowances payable under the scheme do not exceed the amounts specified in the recommendations made by the relevant remuneration panel.
(3) A combined authority which has made a scheme under this section must produce and publish reports on the allowances paid under the scheme (including their amounts).
(4) In this section “relevant remuneration panel” means a panel that is specified, or of a description specified, in an order made by the Secretary of State for the purposes of this paragraph.
Ending of appointment
8 The appointment of a person as a commissioner ends if—
(a) the appointment ceases to have effect in accordance with paragraph 2(2)or 4(3),
(b) the appointment ends—
(i) in accordance with the terms and conditions included by virtue of paragraph 5(1), or
(ii) in accordance with paragraph 5(2),
(c) the appointment is terminated in accordance with its terms and conditions or otherwise in accordance with contract law—
(i) by the mayor for the area of the combined authority (whether that is the person who made the appointment or a successor), or
(ii) by the commissioner,
(d) the appointment ceases to have effect in accordance with paragraph 9(4), or
(e) the commissioner dies.
Role of overview and scrutiny committees
9 (1) The power which the combined authority’s overview and scrutiny committee has (or its overview and scrutiny committees have between them) in accordance with paragraph 1(3) of Schedule 5A must include power to recommend that a commissioner’s appointment is terminated.
(2) If a recommendation is made that a commissioner’s appointment is terminated, the combined authority must decide whether or not to accept the recommendation.
(3) A decision to accept the recommendation must be made by a two thirds majority of the non-mayoral members, or substitute members acting in their place, of the combined authority present and voting on the question at a meeting of the authority.
(4) If a decision is made to accept the recommendation, the commissioner’s appointment ceases to have effect when the decision is made.
(5) In this paragraph “non-mayoral members”, in relation to a combined authority, means the members of the combined authority other than the mayor.
Powers of appointment and termination exercisable on behalf of the combined authority
10 (1) The powers to make and terminate the appointment of a person as a commissioner are (by virtue of section 107D(1A)) powers of the combined authority exercisable only by the mayor on behalf of the combined authority.
(2) Accordingly, if a person is appointed as a commissioner—
(a) under a worker’s contract, the combined authority is the employer;
(b) under a contract other than a worker’s contract, the contract is between the combined authority and the commissioner;
(c) otherwise than under a contract, the commissioner holds office under the combined authority.
(3) In this paragraph “worker’s contract” and “employer” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act).
Guidance
11 (1) The Secretary of State may issue guidance about the selection or appointment of commissioners.
(2) The mayors for the areas of combined authorities must take account of any such guidance.
(3) The Secretary of State may issue guidance about the exercise of the function under paragraph 6(3) of consenting to arrangements for a function to be exercisable by a commissioner.
(4) Combined authorities must take account of any such guidance.
(5) The Secretary of State may issue guidance about the exercise by combined authorities of the powers conferred by paragraph 7 and guidance about compliance with the duty under that paragraph to produce and publish reports.
(6) Combined authorities must take account of any such guidance.
(7) The Secretary of State may issue guidance about the terms of reports produced by relevant remuneration panels for the purposes of paragraph 7.
(8) Relevant remuneration panels must take account of any such guidance.
(9) The Secretary of State may issue guidance about the making of recommendations under paragraph 9 to terminate the appointment of a person as commissioner.
(10) The members of overview and scrutiny committees must take account of any such guidance.”

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Source: https://www.legislation.gov.uk/ukpga/2026/23/schedule/3/paragraph/3 (the official version)
Page: https://openlegislation.uk/english-devolution-and-community-empowerment-act-2026/schedule-3/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.