Section 20: Section 19 regulations: procedure, Levelling-up and Regeneration Act 2023

The Secretary of State may make regulations under section 19(1) only if—

a proposal for the making of the regulations in relation to the CCA has been made to the Secretary of State—

as part of a proposal under section 45, or

in accordance with section 47, or

the appropriate consent is given and the Secretary of State considers that the making of the regulations is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area or areas to which the regulations relate.

For the purposes of subsection (1)(b), the appropriate consent is given to the making of regulations under section 19(1) only if—

in the case of regulations relating to an existing CCA, each appropriate authority consents;

in any other case, each constituent council consents.

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

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

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.

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

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

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

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.

The report must include—

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

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

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

For the purposes of this section "the appropriate authorities" are—

each constituent council, and

in the case of regulations in relation to an existing CCA, the CCA.

Section 20: Section 19 regulations: procedure

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