Section 20 Section 19 regulations: procedureI1

England and Wales

F1(1)

The Secretary of State may make regulations under section 19(1) in relation to an existing CCA only if—

(a)

a proposal for the making of the regulations in relation to the CCA has been submitted to the Secretary of State in accordance with section 47, or

(b)

the appropriate authorities consent.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

The requirements in subsection (1) do not apply where the regulations are made under sections 19(1) and 30(1) in relation to an existing mayoral CCA and provide for a function—

(a)

to be a function of the CCA, and

(b)

to be a function exercisable only by the mayor.

See section 31 in relation to regulations of this kind.

(4)

The requirement in subsection (1)(b) for the F3appropriate authorities to consent to the making of regulations under section 19(1) does not apply where—

(a)

the regulations revoke (in whole or in part), or otherwise amend, previous regulations under section 19(1), and

(b)

the only purpose of the regulations is to provide for a health service function of a CCA to cease to be exercisable by the CCA.

(5)

In subsection (4)(b) “health service function of a CCA” means a function which—

(a)

relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and

(b)

is exercisable by the CCA by virtue of regulations under section 19(1).

(6)

At the same time as laying a draft of a statutory instrument containing regulations under section 19(1) before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.

(7)

The report must include—

(a)

a description of any consultation taken into account by the Secretary of State,

(b)

information about any representations considered by the Secretary of State in connection with the regulations, and

(c)

any other evidence or contextual information that the Secretary of State considers it appropriate to include.

(8)

For the purposes of this section “the appropriate authorities” are—

(a)

each constituent council, and

(b)

F4... the CCA.

Annotations

Textual amendments

F1: S. 20(1) substituted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39 of the amending Act) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 26(a) (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)
F2: S. 20(2) omitted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39 of the amending Act) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 26(b) (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)
F3: Words in s. 20(4) substituted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39 of the amending Act) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 26(c) (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)
F4: Words in s. 20(8)(b) omitted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39 of the amending Act) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 26(d) (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)

Commencement

I1: S. 20 in force at 26.12.2023, see s. 255(2)(c)