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English Devolution and Community Empowerment Act 2026

(Redirected from English Devolution White Paper)

The English Devolution and Community Empowerment Act 2026 (c. 23) is an act of Parliament which establishes a new framework for devolution of powers to strategic authorities, local authorities, police and crime commissioners, police, fire and crime commissioners, and fire and rescue authorities in England.[2][3][4]

English Devolution and Community Empowerment Act 2026[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to make provision about combined authorities, combined county authorities, the Greater London Authority, local councils, police and crime commissioners and fire and rescue authorities, local audit and terms in business tenancies about rent
Citation2026 c. 23
Introduced byAngela Rayner, Secretary of State for Housing, Communities and Local Government (Commons)
Sharon Taylor, Baroness Taylor of Stevenage, Parliamentary Under-Secretary of State for Housing and Local Government (Lords)
Territorial extent England and Wales[b]
Dates
Royal assent29 April 2026[1]
Commencementvarious[c]
Other legislation
Amends
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

Background

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Powers were devolved to varying degrees to Scotland, Wales and Northern Ireland by Tony Blair's Labour government in the late 1990s through the establishment of the Scottish Parliament, the Welsh Parliament and the Northern Ireland Assembly. A devolved legislature and government was not created for England, which remained under the full jurisdiction of the United Kingdom parliament and government based in Westminster.

A strategic regional authority for Greater London, known as the Greater London Authority (GLA) was established in 2000. Plans for elected regional assemblies in the eight English regions outside Greater London were abandoned following an unsuccessful referendum held in the North East region in 2004. Instead, sub-regional combined authorities (CAs) were gradually established after the Conservatives came to power in 2010, starting in 2011, under the terms of the Local Democracy, Economic Development and Construction Act 2009 and Localism Act 2011.

Initially, CAs were led by boards of local authority leaders. The Cities and Local Government Devolution Act 2016 allowed for the creation of directly elected CA mayors. Further competencies were granted to CAs by the Levelling-up and Regeneration Act 2023 which also introduced an alternative model of devolved public authority, combined county authorities (CCAs). As of June 2026, 13 CAs and six CCAs have been established in England, with additional proposals in development. Directly elected mayors of the GLA, CAs, and CCAs regularly meet UK government ministers through the Mayoral Council for England and the Council of the Nations and Regions, which were established in October 2024.

In 2023, the Labour Party under Keir Starmer pledged to introduce a "Take Back Control Bill" in its first term if it returned to power, which would devolve more powers to communities in England on issues such as housing, transport, employment support, energy and childcare.[5][6][7] Starmer pledged that this bill would be detailed in Labour's first King's Speech, and after its victory in the 2024 general election, plans by the Labour government for this bill, now officially named the English Devolution Bill, were outlined in the King's Speech at the State Opening of Parliament in July 2024.[8][9][10][11]

White paper

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The English Devolution White Paper published in December 2024 (click to read all pages)

An English devolution white paper was published on 16 December 2024, outlining key provisions expected in the English Devolution Bill.[12][13][14]

Proposals

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Structural changes to local government

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Jim McMahon, Minister for Local Government and English Devolution, wrote to the following two-tier local authorities and neighbouring unitary authorities in February 2025 to set out a timetable for reorganisation proposals to be submitted: an interim plan by 21 March 2025 and a full proposal by 28 November 2025. The letters included guidance that proposals should seek to establish one or more unitary authorities per area, with a "sensible geography which will help to increase housing supply and meet local needs" and with a rough population of 500,000 or more, including evidence of local engagement activity.[20]

Devolution for further areas

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Provisions

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The bill was introduced on 10 July 2025 by Angela Rayner, Secretary of State for Housing, Communities and Local Government. It was also renamed, taking on the title of English Devolution and Community Empowerment Bill.[24] According to The Observer newspaper, the legislation is "steeped in the ideology of the Co-operative Party".[25]

Strategic authorities

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The act establishes strategic authorities as single foundation strategic authorities, combined authorities, combined county authorities and the Greater London Authority.[26]

The act sets out what "areas of competence" strategic authorities are responsible for.[26]

The act allows for the creation of single strategic foundation authorities.[27]

The act allows for combined authority decision making to be made on the basis of a simple majority.[28]

Combined authority mayors can appoint commissioners.[29]

The act establishes scrutiny committees to oversee combined authority mayors.[30]

The act enables all combined authorities to make use of Council Tax precepts.[31]

Mayors are prohibited from taking seats in the House of Commons, the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly.[32][33] Previously this only applied to mayors with police and crime commissioner functions such as the Mayor of Greater Manchester.[34]

Functions of strategic authorities and mayors

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The act established a general power of competence for mayors.[35]

The act allows mayors to convene meetings with "local partners".[36]

The act places a duty on mayors to collaborate.[26][36]

The act establishes a regulatory framework for micromobility schemes.[37]

Transport for London is enabled to dispose of land without the consent of the Secretary of State.[36]

Mayors are enabled by the act to establish key network road maps.[38]

Mayors can intervene in planning applications of potential strategic importance.[38]

Combined authority mayors are enabled to make development orders in the same way as the mayor of London.[39]

The act enables mayors to raise a mayoral community infrastructure levy.[40]

Mayors are enabled to establish mayoral development corporations.[41]

Combined authorities are required to cooperate with the relevant local government pension scheme.[39]

The act places a duty on mayors to address health inequalities and to improve the health of individuals in their area.[42]

The act simplifies the procedure for transferring police and crime commissioner functions to mayors.[43][44][45] Alongside this, the government announced that police and crime commissioners would be abolished at the end of the term ending in 2028.[46] Their functions would be transferred to councillors in places without a mayor.[47]

The act allows the Mayor of London to publish a strategic licensing policy statement which licensing authorities (London boroughs, the City of London, Inner Temple, Middle Temple) must consider when carrying out their licensing functions.[48]

Other measures about local authorities and PCCs

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Reorganisation, governance, elections and councillors

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The act allows the government to restructure local government in two-tier areas into unitary authorities.[26]

The act restricts councils using the committee system for their executive arrangements.[26]

The act required councils to implement effective neighbourhood governance.[26]

The act restores the supplementary vote for police and crime commissioner elections and mayoral elections.[49]

Other provisions

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The act establishes London Councils as a statutory joint committee, and enables the government to make grants to it.[50]

The act allows councils to prohibit pavement parking in areas that they designate.[51]

The act establishes a community right to buy, and enables councils to designate assets of community value.[52]

The act allows for the government to establish national standards for the licensing of taxi and private hire vehicles.[53]

The act allows councils to conduct gambling impact assessments when licensing gambling establishments under the Gambling Act 2005.[54]

The act gives national park authorities and the Broads Authority a general power of competence.[55]

Local audit

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The act established the Local Audit Office.[56]

Upwards-only rent reviews

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The act prohibits upwards-only rent reviews in commercial leases.[57]

Implementation

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Combined Authorities (Mayoral Elections) (Amendment) Order 2026
Statutory Instrument
coat of arms
Parliament of the United Kingdom
CitationSI 2026/652
Territorial extent England and Wales
Dates
Made17 June 2026
Laid before Parliament21 May 2026
Other legislation
Made under
  • English Devolution and Community Empowerment Act 2026
Status: Current legislation

The government implemented the Combined Authorities (Mayoral Elections) (Amendment) Order 2026 (SI 2026/652) enabling the reintroduction of the supplementary vote to be in force for strategic authority mayors in time for the 2026 Greater Manchester mayoral by-election.[58]

Notes

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  1. ↑ Section 109.
  2. ↑ Section 107.
  3. ↑ Section 108.

References

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  1. ↑ "Royal Assent - Hansard - UK Parliament". hansard.parliament.uk. 20 May 2026.
  2. ↑ "King's Speech 2024 – English Devolution Bill". PolicyMogul. 17 July 2024.
  3. ↑ Seddon, Paul (15 July 2024). "Key points in King's Speech at a glance". BBC News. Retrieved 17 July 2024.
  4. ↑ "English Devolution and Community Empowerment Act 2026 - Parliamentary Bills - UK Parliament". bills.parliament.uk.
  5. ↑ Morton, Becky (5 January 2023). "Keir Starmer embraces Brexit slogan with 'take back control' pledge". BBC News. Retrieved 18 August 2025.
  6. ↑ Norris, Emma (6 January 2023). "Keir Starmer sets out a vision – but taking back control will require details". Institute for Government. Retrieved 18 August 2025.
  7. ↑ Stacey, Kiran; Crerar, Pippa (5 January 2023). "Starmer vows to let communities 'take back control' in Labour's first term". The Guardian. Retrieved 18 August 2025.
  8. ↑ "The King's Speech 2024". GOV.UK. 17 July 2024.
  9. ↑ Riley, Rebecca (17 July 2024). "King's Speech: Universities hold the key to realising the aims of the 'Take Back Control Bill'". University of Birmingham. Retrieved 18 August 2025.
  10. ↑ Calkin, Sarah (8 October 2024). "Ministers must set out what devolution is for". Local Government Chronicle. Retrieved 18 August 2025.
  11. ↑ Courea, Eleni (11 July 2024). "UK ministers preparing king's speech containing at least 30 bills". The Guardian. Retrieved 18 August 2025.
  12. ↑ "Deputy Prime Minister launches first-ever Mayoral Council". GOV.UK (Press release). 10 October 2024.
  13. ↑ Carey, Adam (30 October 2024). "English Devolution White Paper to set out how councils will "move to simpler structures", Autumn Budget reveals". Local Government Lawyer.
  14. ↑ "English Devolution White Paper : Power and partnership: Foundations for growth". GOV.UK. 16 December 2024.
  15. ↑ "Devolution White Paper: On-the-day factual briefing | Local Government Association".
  16. ↑ "Host of councils reportedly set to be axed in local government restructure". Insider Media. 25 November 2024.
  17. ↑ Moore, Henry (25 November 2024). "Labour to abolish 'dozens' of councils in biggest reform for a generation". LBC.
  18. ↑ Williams, Jennifer (2 December 2024). "Can England's new breed of mayors help fix its left-behind regions?". Financial Times.
  19. ↑ Webb, Caitlin (3 December 2024). "Devolution white paper 'by the end of the year'". Local Government Chronicle.
  20. ↑ "Local government reorganisation: invitation to local authorities in two-tier areas". GOV.UK.
  21. ↑ "Four devolution agreements signed off and others progressing". GOV.UK. Retrieved 18 January 2025.
  22. ↑ "Political bunfight beckons over future of Worcestershire councils". BBC News. 12 January 2025. Retrieved 18 January 2025.
  23. ↑ "Devolution revolution: six areas to elect mayors for first time". GOV.UK. Retrieved 7 February 2025.
  24. ↑ "English Devolution and Community Empowerment Bill enters Parliament". Irwin Mitchell. 10 July 2025. Retrieved 22 August 2025.
  25. ↑ Neilan, Catherine (5 July 2025). "Why the Co-operative party is Labour's best shot at stopping Reform's rise". The Observer. Archived from the original on 5 July 2025. Retrieved 14 July 2025.
  26. 1 2 3 4 5 6 Weakley, Kirsty (27 May 2026). "Devolution Act: What you need to know". Local Government Chronicle. Retrieved 20 July 2026.
  27. ↑ Oates, Martyn (24 March 2026). "Is Cornwall about to lose its independence bid?". BBC News. Retrieved 20 July 2026.
  28. ↑ Dhillon, Aran (23 September 2025). "Cheshire and Warrington Combined Authority could set new precept". Northwick and Winsford Guardian. Retrieved 20 July 2026.
  29. ↑ Cloynes, Tiffany; Gilbert, Rebecca; Tam, Megan (16 June 2026). "Getting to grips with mayoral commissioners". The Municipal Journal. Retrieved 20 July 2026.
  30. ↑ Weakley, Kirsty (18 March 2026). "Bill amendments set out scrutiny committees for mayors". Local Government Chronicle. Retrieved 20 July 2026.
  31. ↑ Weakley, Kirsty (12 March 2025). "Plan to 'mainstream' use of mayoral precepts". Local Government Chronicle. Retrieved 20 July 2026.
  32. ↑ Jaffer, Kumail (19 May 2026). "GLA: Sadiq Khan rules out Westminster return as 'double jobbing' deadline closes". South London. Community Matters Media Ltd. Retrieved 20 July 2026.
  33. ↑ Mitchell, Archie (24 August 2025). "Angela Rayner could block Sadiq Khan from running to be MP while mayor through new legislation". The Independent. Retrieved 20 July 2026.
  34. ↑ Sandford, Mark (16 July 2026). "Andy Burnham and Makerfield: Can a mayor be an MP?". House of Commons Library. Retrieved 20 July 2026.
  35. ↑ Poole, Thomas; De Nictolis, Elena (19 May 2026). "Thomas Poole and Elena De Nictolis: The English Devolution and Community Empowerment Act 2026". UK Constitutional Law Association. Retrieved 20 July 2026.
  36. 1 2 3 Kitson, David (11 July 2025). "Early insights into the English Devolution and Community Empowerment Bill". Local Government Lawyer. Retrieved 20 July 2026.
  37. ↑ Browning, Athena (30 April 2026). "English Devolution Bill grants local authorities fresh powers over e-bikes". Zag Daily. Retrieved 20 July 2026.
  38. 1 2 Webb, Caitlin (10 July 2025). "Mayors to gain further powers to intervene in council decisions". Local Government Chronicle. Retrieved 20 July 2026.
  39. 1 2 "English Devolution and Community Empowerment Bill: LGA policy summary | Local Government Association". Local Government Association. 10 July 2025. Retrieved 20 July 2026.
  40. ↑ "Analysis finds devolved tax powers could add £4 billion for local services". Your Local Guardian. 16 September 2025. Retrieved 20 July 2026.
  41. ↑ "CIH welcomes new local powers as English Devolution and Community Empowerment Bill becomes law". Archived from the original on 21 May 2026. Retrieved 20 July 2026.
  42. ↑ Merrifield, Katherine (July 2025). "Not just a duty: unlocking the full potential of strategic authorities to tackle the wider determinants of health". The Health Foundation. Archived from the original on 29 August 2025. Retrieved 20 July 2026.
  43. ↑ Levin, Catherine (10 February 2025). "More Mayors could take on PCC functions under devolution plans". Emergency Services Times. Retrieved 20 July 2026.
  44. ↑ Connolly, Joseph (24 December 2025). "East Midlands Mayor says scrapping Police Commissioner job is a 'really good thing'". Nottingham Post. Retrieved 20 July 2026.
  45. ↑ Sinclair, Andrew (6 August 2025). "Police commissioners told mayors will replace them". BBC News. Retrieved 20 July 2026.
  46. ↑ Walker, Amy (13 November 2025). "Police and crime commissioners to be scrapped in England and Wales". BBC News. Retrieved 20 July 2026.
  47. ↑ Peters, Dan (13 November 2025). "Mayors and council leaders to take on police and crime commissioner functions". The Municipal Journal. Retrieved 20 July 2026.
  48. ↑ "Mayor of London handed new strategic licensing powers after Lords clash". Institute of Licensing. 29 March 2026. Retrieved 20 July 2026.
  49. ↑ Webb, Caitlin (14 November 2025). "Mayors and council leaders to take on PCC powers". Local Government Chronicle. Retrieved 20 July 2026.
  50. ↑ "New devolution measures set to hand communities more power". Public Sector Executive. 19 March 2026. Retrieved 20 July 2026.
  51. ↑ Whittaker, Anna (5 June 2026). "Council promises 'balance' on pavement parking fines". BBC News. Retrieved 20 July 2026.
  52. ↑ Lawrie, Eleanor (30 April 2026). "'Amazing' moment for communities given right to buy for the first time". BBC News. Retrieved 20 July 2026.
  53. ↑ Wilkinson Jones, Phil (23 June 2026). "Taxi standards slide 'due to out-of-area drivers'". BBC News. Retrieved 20 July 2026.
  54. ↑ "MHCLG tables amendment to introduce gambling impact assessments in English Devolution Bill". Institute of Licensing. 18 March 2026. Retrieved 20 July 2026.
  55. ↑ "National park authorities to be given general power of competence". Local Government Lawyer. 16 December 2024. Retrieved 20 July 2026.
  56. ↑ Topham, Elliot (26 May 2026). "National park authorities to be given general power of competence". Local Government Chronicle. Retrieved 20 July 2026.
  57. ↑ Roberts, Gillian (13 May 2026). "The ban on upward only rent reviews in commercial leases". Local Government Lawyer. Retrieved 20 July 2026.
  58. ↑ "Commencing the provisions of the English Devolution and Community Empowerment Act". parliament.uk. 21 May 2026. Retrieved 25 May 2026.
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