LGA response to English Devolution and Community Empowerment Bill: Report Stage

NC36 (Zöe Franklin MP) (Warm Homes Strategy)

This new clause imposes a statutory duty on all Combined Authorities and CCAs to prepare, publish, and review a Warm Homes Strategy, including objectives and measures for improving residential energy efficiency and reducing fuel poverty. 

NC37 (Zöe Franklin MP) (Energy Efficiency)

This new clause commits Strategic Authorities to improving the energy efficiency of homes in their areas. 

LGA view

The LGA has called for the commitments included in the English Devolution White Paper on environment and climate change to be transposed into the Bill. This is a priority for local government, and an area where local approaches can achieve significantly better outcomes for less cost, as has been demonstrated by Government-funded research. As the authorities with housing responsibilities and understanding of their communities’ needs, we welcome inclusion within the amendment a requirement to work in partnership with the constituent authorities on improving energy efficiency. 

NC30 (Wera Hobhouse MP) (Visitor Levy)

This new clause requires the Secretary of State to conduct a review into giving local authorities powers to introduce visitor levies in their area, and report on this within 12 months of the passage of this Act. 

NC31 (Paula Barker MP) (Visitor Levy)

This new clause enables Established Mayoral Strategic Authorities (EMSAs) to introduce an Overnight Accommodation Levy (OAL) paid on overnight stays within its area. Revenue raised through the OAL may be used to support tourism, improve tourism-related infrastructure, fund cultural, sporting and business activity, preserve heritage assets and promote economic growth in the EMSA area.  

LGA view

The LGA has consistently called for increased financial freedoms for local government, and empowering local areas to be able to introduce a local visitor levy. However, the LGA does not support this amendment on the basis that any visitor levy introduced should be locally led. Councils should be able to introduce a local tourism levy, should they choose, which enables them to invest the proceeds in local services, infrastructure, and amenities which support the UK’s valuable tourist economy.  

The LGA is of the view that any local visitor levy should be based on: 
 

NC72 (Alex Mayer MP) (Visitor Levy)

This new clause would require the Secretary of State to consult on, and subsequently make, regulations enabling established mayoral strategic authorities to impose a tourism levy on overnight accommodation. 

LGA view

The LGA has consistently called for increased financial freedoms for local government, and empowering local areas to be able to introduce a local visitor levy. However, the LGA does not support this amendment on the basis that any visitor levy introduced should be locally led. Councils should be able to introduce a local tourism levy, should they choose, which enables them to invest the proceeds in local services, infrastructure, and amenities which support the UK’s valuable tourist economy.  

The LGA is of the view that any local visitor levy should be based on: 
 

NC45 (Steve Reed MP) (Councillor Home Addresses)

This would stop the automatic publication of local government members’ and co-opted members’ home addresses on the register of members under the Local Government Act 1972 and the register of members’ interests under the Localism Act 2011. A member’s usual residential address would no longer appear on the public register of members at all and would only appear on the register of interests if a member explicitly requests in writing that it be made public. 

LGA view

The LGA has consistently called for government to remove the requirement for members’ home addresses to be published.  

NC59 (David Simmons MP) (Councillor Home Addresses)

This new clause requires local authorities not to publish the address of member or coopted member or that of their spouse, civil partner or person with home they are living as partners on the registers of members and interests unless the member or coopted member requests that it be published. 

LGA View

The LGA has consistently called for government to remove the requirement for members’ home addresses to be published. The LGA supports this amendment as it provided councillors the choice of whether to publish their home address on either register. 

NC24 (Zöe Franklin MP) (Devolution Strategy)

This new clause would introduce a commitment to publish a strategy and timeline for further devolution. 

LGA view

The LGA supports this amendment, as we have called for government to come forward with a clear timetable for those areas not part of the Devolution Priority Programme (DPP) or home to an existing combined authority. This timetable should provide a framework for the wider integration of public services, including Integrated Care Boards (ICBs), which risk being reorganised twice due to a misalignment of Departmental processes.   

NC9 (Ian Sollom MP) (Local Skills Improvement Plans)

This new clause would require Strategic Authorities to exercise joint leadership with employer representative bodies in developing Local Skills Improvement Plans. The amendment also requires Local Skills Improvement Plan boundaries to align with Strategic Authority boundaries to enable effective coordination and provides dispute resolution mechanisms where joint leadership arrangements encounter difficulties. 

LGA view

The LGA supports this amendment. It is good to see Strategic Authorities have joint ownership of Local Skills Improvement Plans (LSIPs) with the Employer Representative Bodies (ERBs). However, we have consistently called for Government to ensure councils outside of devolution are equally involved given the reality of how councils support ERBs develop LSIPs. It is disappointing that the new LSIP guidance (November 2025) does not reflect this. It is all the more important that LSIPs have more local government involvement given the need to link with other strategies including Local Plans, and Local Get Britain Working Plans. Alignment with local plans is essential for coordination across the skills landscape, and councils are an integral part of this. 

152 & 153 (Steve Reed MP) (Committee Governance)

These amendments would allow councils that moved to a committee system by resolution or referendum within the last five or ten years, respectively, before commencement of the provision to retain the committee system until the end of the protected period (five or ten years, respectively). After the protection period has lapsed, these councils would be required to conduct and publish a review of the committee system. Following the review, they would have three options: (1) to retain the committee system and justify this decision, (2) to move to a leader and cabinet system, or (3) to hold a referendum on which system to use. 

Councils outside the protected period of five years from resolution or ten years from referendum will be required to move to the leader and cabinet system within a year of commencement of the provision. 

LGA view

Currently, 38 councils have chosen to operate a committee governance system, either through a referendum or council decision; these democratic decisions should not be disregarded but should be respected, as they have been for mayoral councils. Further to this, all councils currently have the option to move to a committee system if they and their communities feel it would be beneficial for local decision-making.

This amendment would still require some councils operating a committee governance system now to change immediately. Additionally, for those councils temporarily protected that wish to retain committee governance after the protected period has ended, this amendment proposes a significant administrative burden and costs associated with reviews and potential referendums. The LGA advocates for flexibility in local governance to be preserved for future authorities. We are ready to work with government on this to accurately reflect the sector’s needs.  

177, 178, 179, 180, 181 (Munira Wilson MP) (Committee Governance)

These amendments replace the requirement for a council to move from a committee system to a leader and cabinet executive, instead replacing it with an option to do so. 

LGA View

The LGA supports this amendment, providing the flexibility for local areas to adopt a governance structure which works best for their areas. 

4 (David Simmonds MP) (Committee Governance) 

This amendment removes the power to allow the Secretary of State to abolish the committee system. 

LGA view

The LGA supports this amendment, preserving the current level of flexibility for local areas to adopt a governance structure which works best for their areas.

NC71 (Martin Wrigley MP) (Neighbourhood Area Committees) 

This new clause would require any new strategic authority to have neighbourhood area committees in place from the outset. These committees must cover the authority’s entire area and be formally consulted on any decisions affecting their locality. 

LGA view

The LGA is committed to the principle that local areas are best placed to decide what form of community engagement and any neighbourhood governance is appropriate for their context. The LGA does not support mandating local areas to implement neighbourhood area committees.  

The sector has identified the following outstanding challenges presented by the Bill, and the LGA is ready to work with government ministers and other parliamentarians to ensure the legislation provides the best outcomes for devolution for local areas.

Clause 2: Areas of competence

The role of culture, tourism and creative industries

The LGA seeks to amend Clause 2 to see culture (arts, heritage and libraries), tourism, and creative industries (as defined in the Industrial Strategy) recognised on a national footing as drivers of the local economy, of place-based development and of wellbeing through the form of an additional competency. These sectors contribute to national and regional growth, and this should be formally reflected within the devolution framework. 

This additional competency would empower Mayors, working in partnership with constituent authorities, to identify strategic collaborations at a regional level, taking account of any sub-sector regional specialisms or strengths (such as screen industries or tourism). It is crucial that this competency complements, not duplicates, the existing duties and responsibilities held by local government. It would assist those six Mayoral SAs to invest the devolved £150 million Creative Places Growth Fund, and the Tees Valley Creative Investment Zone funding, as announced in the Industrial Strategy. Constituent authorities would remain responsible for place-based cultural strategy and delivery, tailored to local needs and opportunities.  

A mayoral competency on culture, tourism and creative industries would provide: 

• Strategic leadership and convening power.  
• Integrated place-based planning linking culture, tourism and creative industries with transport, housing, health, and regeneration. 
• Enhanced coordination of funding and investment strategies. 
• Improved evidence for decision-making and data for impact measurement.  

Schedule 1: Establishment, Expansion and Functions of Combined Authorities and CCAs

Minimising use of ministerial powers to expand and establish strategic authorities without local consent

The LGA wishes to amend Schedule 1 to limit the use of the ministerial powers to establish and expand strategic authorities without local consent. The LGA seeks to insert an additional statutory test and parliamentary oversight to embed the principles included in the English Devolution White Paper (EDWP) to determine appropriate geographies for any new SAs. This includes: 

• Scale: Have a comparable size to existing institutions, enabling effective delivery of devolved functions.  
   
• Economies: Reflect functional economic areas, including local labour markets and current and potential travel-to-work patterns. This should include consideration of rural economies, and where travel to work areas are small and fragmented. SAs must be capable of supporting coherent economic strategies, including Local Growth Plans and Spatial Development Strategies. 
   
• Identity: Reflect a coherent local identity that supports public engagement and democratic accountability. Demonstrate how residents will be able to recognise, engage with, and hold to account their devolved institutions.  
   
• Contiguity: Contiguous across current and potential constituent councils. Where contiguity is not currently met, there must be a clear and agreed plan for achieving it through local government reorganisation. 
   
• No ‘devolution islands’: Must not create devolution ‘islands’ i.e. areas left too small to form viable authorities or lacking natural partners. Demonstrate how surrounding areas will be integrated or supported to ensure inclusive devolution. 
   
• Delivery: Be capable of delivering key strategic functions, including: 
   
  • Spatial Development Strategies, Local Transport Plans and Get Britain Working Plans.
     
  • Show evidence of institutional capacity and readiness to implement devolved responsibilities. 
     
• Alignment: Promote alignment between devolution boundaries and other public sector boundaries, including health, policing, transport and fire. Minimise administrative complexity and duplication. 

To ensure appropriate and sufficient consideration of local identity, the legislation should set out a definition of local identity:   

• 'Local identity' means the shared sense of belonging, cultural heritage, civic recognition, and geographic association experienced by residents of a defined area, which contributes to their ability to engage with, understand, and hold to account local institutions.  
   
• In determining the presence of local identity, the Secretary of State shall have regard to: 
   
  • The historical and cultural coherence of the area, including recognised place-names, traditions, and community institutions. 
     
  • The patterns of civic participation, including local democratic engagement, voluntary activity, and public consultation responses. 
     
  • The geographic recognisability of the area to its residents and neighbouring communities. 
     
  • The extent to which the proposed governance arrangements reflect and reinforce existing local identity rather than fragment or obscure it. 

There should be sufficient parliamentary oversight for the use of such a strong Ministerial power. The LGA recommends:  

• The Secretary of State publish a geography assessment statement demonstrating how a proposal to establish or expand an SA meets the statutory test, and submit this for parliamentary scrutiny, subject to the affirmative resolution procedure.  
• Introduction of a sunset clause, to impose a time limit on the use of these powers, aligning to the government’s ambition to achieve 100 per cent devolution in England, and impose a requirement to seek parliamentary approval for any extension to use these powers. 

Clause 6: Combined authorities and CCAs: decision-making and validity of proceedings

Local safeguards to decision-making

Whilst the LGA recognises the need for effective decision-making, and we see the value in part in introducing more standardised voting requirements, we are concerned at the prospect of moving to simple majority voting in MSAs.

In most instances, the Government's support for simple-majority voting is predicated upon a tied proposal being taken as disagreed. However, they have set out circumstances where a mayor may be granted a second, casting vote in such scenarios: this includes Spatial Development Strategies (SDS) and Local Transport Plans (LTP). This would disproportionately impact CAs with an even number of voting members and could mean that a strategic proposal is determined with the majority of local authorities in disagreement.

We believe that there is a need for safeguards in decision-making.

To ensure that consensus is at the heart of English devolution, we are advocating for:  

• The removal of the mayor’s casting vote in instances where decision-making is tied for SDSs and LTPs.
• The Bill to include a review of simple majority voting after 12 months, and additional reviews at five-year intervals thereafter, with a view to amending voting thresholds where needed.
• The Mayoral Capacity Fund to be at least doubled and secured as a long-term government commitment, to enable the effective delivery of overview and scrutiny functions.
• Where there is local support, and a need due to large population disparities between constituent councils, places to have the option to adopt weighted voting. In areas which are expected to undertake local government reorganisation, there would be review points to possibly phase out this arrangement as population disparities are addressed.
• In line with their constituent local authorities, it should be left to individual combined authorities to identify an appropriate level of quoracy for Overview and Scrutiny, rather than the current prescription of two-thirds in legislation.
• The language contained within existing and future devolution legislation should reflect political groups rather than political parties to recognise the vital role of independent politicians. This should reflect the language contained in the Local Government and Housing Act 1989.

Schedule 3: Commissioners

Reducing the threshold for removal of commissioners

We recognise that the appointment of commissioners could add sector-specific value to SAs’ vision-setting. Commissioners will fulfil a significant role in new strategic authorities and should be held to the same high standards as others in public life. There is potential that following LGR, in some SAs there could be fewer constituent councils than commissioners, given the mayor’s power to appoint a commissioner for each area of competence. The LGA feels that as elected leaders of places, representing communities and residents, councils should be at the forefront of regional decision making and delivery. There must therefore be adequate safeguards surrounding the role of commissioners and their potential influence on the SA.

We welcome the government’s recent announcement on plans to legislate to reform and strengthen the standards and conduct framework for local authorities in England. Commissioners should be explicitly in scope of anticipated reforms to the standards regime for local authorities, creating a common standard of conduct and behaviour for all those in public life in local and regional government.

Whilst the LGA welcomes the safeguards set out in the Bill to enable removal of commissioners, the threshold by which the SA can agree this decision is too high. The LGA seeks to amend Schedule 3 paragraph 10, by which the SA overview and scrutiny committee and then board can recommend the termination of a commissioner’s appointment, reducing the threshold for the latter from a two thirds majority to a simple majority. This decision should be in line with other decision-making principles included in the Bill for effective governance and scrutiny.

The LGA also seeks clarity in statutory guidance on how commissioners will be recruited, including their selection and appointment, and scrutiny arrangements for the work of commissioners. The LGA is ready to work with government on this to ensure recruitment processes are robust.

The LGA are concerned about the name ‘commissioner’ used in the legislation, as this has negative associations for councils to the role of government commissioners appointed to take over some or all of a council’s functions when it is facing severe financial or operational difficulties. The LGA suggests a change in name to move away from the potential optics of an external expert entering an SA and usurping the role of constituent elected local leaders.

Deputy Mayor for Policing and Public Safety Commissioners

Where a mayor holds policing and crime responsibilities (PCC), they are required to appoint a Deputy Mayor for Policing and Crime (DMPC) to oversee those police functions. The Bill also permits appointment of commissioners in any “area of competence”, which includes public safety. This raises a risk of role duplication and confusion, which could blur lines of accountability in public safety, with both a DMPC and an unelected commissioner involved in community safety or policing matters.

The LGA seeks to amend schedule 3 to the effect that where a mayor exercises PCC powers, the mayor should rely on the Deputy Mayor for Policing and Crime as the dedicated lead for police and crime matters and should not appoint an additional Public Safety Commissioner. Conversely, mayors without police authority should continue to have the option to appoint a Public Safety Commissioner to advise on community safety – but not if they later gain policing powers.

Schedule 19: Local Growth Plans & Schedule 23: Powers to make regulations in relation to functions of SAs and Mayors

Duty to co-produce micromobility schemes and local growth plans with constituent authorities

Neither the Bill nor accompanying guidance includes explicit requirements on the mayor or strategic authority to engage with constituent authorities on the development of micromobility schemes and/or local growth plans. Whilst constituent authorities are included in the decision-making process for adoption of these plans and strategies, the sector believes it is crucial local government is involved from the outset to inform their development, as experts on their areas.

The requirement to consult is explicitly included for other fundamental regional plans and strategies, including Spatial Development Strategies. Therefore, this should be replicated in Schedule 19 to apply to local growth plans. Given local government's preeminent place-shaping role, wealth of experience in driving growth, and the fact that local authorities will be responsible for delivery of many of the plan’s outcomes, mandatory co-production from the outset is vital.

Whilst specific instances related to transport and micromobility require consultation and co-production with local authorities (for example preparation of local transport plans and provision of transport infrastructure), an up-front duty included in Schedule 23 will ensure this is robust and cover all instances.

Whilst the Bill includes a duty to convene local partners and an obligation on said partners to respond, this does not provide for meaningful consultation nor co-production. Without this additional requirement, clause 21 is at risk of becoming a tick box exercise.

Clause 46: Functions of fire and rescue authorities

Ensuring sufficient fire safety governance and scrutiny in strategic authorities

The LGA advocates for an amendment to this clause to introduce robust governance and scrutiny arrangements for fire services. The LGA would support enabling mayors the option of appointing Deputy Mayor for Fire or a Fire Committee to oversee decision-making. The LGA supports ensuring that there are clear, strong and appropriate scrutiny arrangements with effective powers and tools supporting the delivery of fire services with clear lines of accountability for senior officers in the service. 

Clause 49: Requests by EMSAs for changes

Enabling requests for additional competences

The LGA seeks to amend clause 49 to enable those strategic authorities that wish to go further and faster, taking on new responsibilities, to be able to do so. The LGA seeks to amend this clause to include a mechanism whereby EMSAs can request additional areas of competence to be added to the framework for devolution set out in clause 2. This should be included in the guidance that the Secretary of State is required to produce on the formal request process. 

New clause: Environment and climate change 

The English Devolution White Paper (EDWP) set out commitments to empower SAs to act on climate change and the environment, including in helping deliver the Local Power Plan and Local Nature Recovery Strategies.  

The LGA seeks to expand the environment competency within the Bill to respond to national adaptation and mitigation ambitions and include further detail on empowerment for local action on climate change and the environment.   

The LGA seeks to transpose commitments set out in the English Devolution White Paper into the EDCEB on environment, energy generation and energy systems into the Bill with similar levels of detail as included for other competencies.  

The LGA also seeks statutory duties and powers for local authorities, along with sufficient funding, and robust support to lead on climate action. Over the coming months the LGA will undertake further analysis on the duties and set out our next steps for developing detailed, evidenced, and costed proposals for this. The LGA would welcome the opportunity to work with government to shape these duties and powers.