Section 48 — Requirements for changes to existing arrangements relating to CCA

(1) [F1 The Secretary of State may make regulations under any of the relevant sections in relation to an existing CCA only if—]

(a) [F1 the Secretary of State considers that the statutory test is met, and]

(b) [F1 any consultation required by subsection (3) or (4) has been carried out.]

(2) [F1 The relevant sections are—]

(a) [F1 section 10 (constitutional arrangements);]

(b) [F1 section 16 (funding);]

(c) [F1 section 18 (local authority functions);]

(d) [F1 section 19 (other public authority functions);]

(e) [F1 section 21 (integrated transport authority and passenger transport executive);]

(f) [F1 section 22 (directions relating to highways and traffic functions);]

(g) [F1 section 27 (power to provide for election of mayor);]

(h) [F1 section 30 (functions of mayors: general).]

(3) [F1 If the regulations implement a proposal submitted to the Secretary of State in accordance with section 47, the Secretary of State must consult such persons (if any) as the Secretary of State considers it necessary to consult about the proposal.]

(4) [F1 In any other case, the Secretary of State must consult the relevant consultees.]

(5) [F1 Subsection (4) does not apply if the regulations are made in accordance with the requirements under section 28(3).]

(6) [F1 The “relevant consultees” for the purposes of subsection (4)—]

(a) [F1 in relation to a mayoral CCA means—]

(i) [F1 the constituent councils, and]

(ii) [F1 the mayor;]

(b) [F1 in relation a non-mayoral CCA means—]

(i) [F1 the constituent councils, and]

(ii) [F1 the CCA.]

(7) [F1 In this section, “statutory test” has the meaning given by section 46(6).]

Amendment notes

1. F1 S. 48 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. 40 (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)