Section 46 — Requirements in connection with establishment of CCA

(1) [F1 The Secretary of State may make regulations establishing a CCA for an area (whether or not including other provision made under this Part) only if the following requirements are met in relation to the regulations.]

(2) [F1 The Secretary of State considers that the statutory test is met.]

(3) [F1 The regulations must—]

(a) [F1 implement a proposal submitted to the Secretary of State in accordance with section 45 (proposal for new CCA - locally led), with or without modifications, or]

(b) [F1 implement a proposal which the Secretary of State is satisfied that the constituent councils have consented to in principle.]

(4) [F1 If the regulations fall under subsection (3)(a) or (b), the consultation requirement must be met.]

(5) [F1 If the regulations fall under subsection ..., the Secretary of State must in making the regulations have regard to any representations received before the end of the period specified in the notice.]

(6) [F1 The “statutory test” is that it is appropriate to make the regulations having regard to the need to secure effective and convenient local government across the area in relation to the areas of competence.]

(7) [F1 The “consultation requirement” is that the Secretary of State has consulted—]

(a) [F1 if the regulations fall under subsection (3)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—]

(i) [F1 the proposal that the regulations will implement, and]

(ii) [F1 any modifications to that proposal;]

(b) [F1 if the regulations fall under subsection (3)(b), the relevant consultees about the proposal.]

(8) [F1 Subsection (9) applies where the Secretary of State is considering whether to make regulations establishing a CCA for an area and—]

(a) [F1 part of the area is separated from the rest of it by one or more local government areas that are not within the area, or]

(b) [F1 a local government area that is not within the area is surrounded by local government areas that are within the area.]

(9) [F1 In deciding whether to make the regulations, the Secretary of State must have regard to the likely effect of the creation of the proposed CCA on the exercise of functions equivalent to those of the proposed CCA's functions in each local government area that is next to any part of the proposed CCA area.]

(10) [F1 The requirements of this section do not apply to regulations to the extent that they include provision made under section 33 (functions of mayors: policing).]

(11) [F1 In this section—“areas of competence” has the meaning given by section 2 of the English Devolution and Community Empowerment Act 2026; “proposed area” means the area for which the CCA is proposed to be established; the “relevant consultees” means— (a) the constituent councils, and (b) any other persons that the Secretary of State considers it appropriate to consult.]

Amendment notes

1. F1 S. 46 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. 37 (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)