The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Order 2026
This Statutory Instrument, the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Order 2026, amends the 2017 Order to formally designate independent remuneration panels established by Combined Authorities (CAs) and Combined County Authorities (CCAs) as 'relevant remuneration panels' under Schedule 5BA of the 2009 Act and Schedule 2A of the 2023 Act concerning the payment of allowances to appointed commissioners.
Arguments For
Provides a formal mechanism for setting fair and transparent allowances for commissioners appointed to assist Combined Authorities (CAs) or Combined County Authorities (CCAs), ensuring governance standards are maintained.
Aligns the rules governing allowance payments for commissioners with existing legislative frameworks established by the English Devolution and Community Empowerment Act 2026 via amendments to the 2009 and 2023 Acts.
Utilizes existing independent remuneration panels, leveraging established expertise to provide objective recommendations on commissioner payments, thereby reducing administrative burden on the respective authorities.
Arguments Against
Introduces new administrative overhead by requiring CAs and CCAs to formally consult remuneration panels regarding schemes for commissioner allowances, even if the impact is deemed minor.
Restricts the financial autonomy of CAs/CCAs by mandating that adopted allowance schemes cannot exceed the recommendations of the specified remuneration panels.
The applicability across England and Wales, despite being primarily focused on English devolution acts, may introduce complexity for Welsh bodies if they fall under the scope of the specified schedules.
STATUTORY INSTRUMENTS
2026 No. 517
LOCAL GOVERNMENT, ENGLAND
The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Order 2026
Made - - - - at 12.05 p.m. on 14th May 2026 at 3.00 p.m. on 14th May 2026
Laid before Parliament
Coming into force - - 4th June 2026
This heading identifies the legal instrument as a Statutory Instrument from 2026, bearing the number 517, and specifies its jurisdiction as Local Government within England.
The title confirms it amends the existing 2017 Order regarding scrutiny, information access, and audit committees within Combined Authorities.
The instrument was officially made on May 14th, 2026, and formally came into legal effect across the jurisdiction on June 4th, 2026.
The Secretary of State makes this Order in exercise of the powers conferred by paragraph 7(4) of Schedule 5BA to the Local Democracy, Economic Development and Construction Act 2009( 1 ) and paragraph 7(4) of Schedule 2A to the Levelling-up and Regeneration Act 2023( 2 ).
The Secretary of State is issuing this Order using specific statutory powers granted under existing law.
These powers derive from paragraph 7(4) of Schedule 5BA of the 2009 Act and paragraph 7(4) of Schedule 2A of the 2023 Act, which were recently amended or inserted relating to devolution and local renewal powers.
Citation, commencement and extent
- -(1) This Order may be cited as the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Order 2026.
- (2) This Order comes into force on 4th June 2026.
- (3) This Order extends to England and Wales.
Article 1 establishes the formal title by which the instrument is referenced.
Sub-article (2) reiterates the commencement date: June 4th, 2026.
Sub-article (3) defines the geographical reach, stating the legislation applies to both England and Wales, despite being categorized under 'LOCAL GOVERNMENT, ENGLAND' previously.
Amendment of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017
- -(1) The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017( 3 ) is amended as follows.
- (2) After article 16 (independent remuneration panels) insert-
( 1 ) 2009 c. 20. Schedule 5BA was inserted by section 9(7) of, and paragraph 3 of Schedule 3 to, the English Devolution and Community Empowerment Act 2026 (c. 23).
( 2 ) 2023 c. 55. Schedule 2A was inserted by section 9(7) of, and paragraph 1 of Schedule 3 to, the English Devolution and Community Empowerment Act 2026 (c. 23).
( 3 ) S.I. 2017/68, amended by S.I. 2018/1133, 2019/1458, 2024/430.
Article 2 details the core function of the Order: amending the previous Statutory Instrument from 2017 concerning governance structures within Combined Authorities.
Specifically, the Order inserts a new article immediately following Article 16, which deals with independent remuneration panels.
The footnotes clarify the legislative history, noting that Schedules 5BA (2009 Act) and 2A (2023 Act) regarding commissioners were inserted by the English Devolution and Community Empowerment Act 2026.
' Relevant remuneration panels in relation to payment of allowances to commissioners
- An independent remuneration panel established by a combined authority or combined county authority, as the case may be, in accordance with article 16(1)(b) is specified as a relevant remuneration panel for the purposes of-
- (a) in relation to a combined authority, paragraph 7(4) of Schedule 5BA to the 2009 Act;
- (b) in relation to a combined county authority, paragraph 7(4) of Schedule 2A to the 2023 Act.'.
The newly inserted Article 17 defines which remuneration panels are considered 'relevant' when dealing with payments made to commissioners.
It specifies that any independent remuneration panel set up by a Combined Authority (CA) or Combined County Authority (CCA) under a specific provision (article 16(1)(b)) qualifies for this designation.
This designation makes the panel's relevant recommendations apply to the statutory framework concerning CAs (via the 2009 Act) and CCAs (via the 2023 Act).
Signed by authority of the Secretary of State for Housing, Communities and Local Government at 12.05 p.m. on 14th May 2026
Taylor of Stevenage Parliamentary Under-Secretary of State Ministry of Housing, Communities and Local Government
This confirms the formal execution of the Order by a representative of the Secretary of State for Housing, Communities and Local Government.
The signing authority, Taylor of Stevenage, is identified as the Parliamentary Under-Secretary of State, and the signing time and date are recorded as 12.05 p.m. on May 14th, 2026.
EXPLANATORY NOTE
(This note is not part of the Order)
Schedule 3 to the English Devolution and Community Empowerment Act 2026 (c. 23) inserts Schedule 2A into the Levelling-up and Regeneration Act 2023 (c. 55) ('the 2023 Act') and Schedule 5BA into the Local Democracy, Economic Development and Construction Act 2009 (c. 20) ('the 2009 Act'). These Schedules apply to commissioners, who can be appointed by the mayor of a combined authority ('CA') or combined county authority ('CCA') to assist in the exercise of mayoral functions. CAs and CCAs may make a scheme for the payment of allowances to commissioners, subject to the CA or CCA having considered a report published by a relevant remuneration panel. These panels make recommendations for the allowances to commissioners provided for in the scheme and the allowances payable must not exceed these recommendations.
This Order amends the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017 to specify independent remuneration panels established by CAs and CCAs under article 16(1)(b) of that Order as relevant remuneration panels for the purposes of Schedule 2A of the 2023 Act and Schedule 5BA of the 2009 Act.
A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen.
The Explanatory Note, which is not legally part of the Order, details the context of the amendments.
It explains that new Schedules in the 2023 and 2009 Acts allow mayors to appoint commissioners to aid CAs and CCAs; these authorities can then set allowance schemes for commissioners.
Crucially, allowance schemes must be based on recommendations from a 'relevant remuneration panel,' and the actual payment cannot exceed those recommendations.
This Order fulfills the requirement by officially naming the CA/CCA-established remuneration panels as the 'relevant' ones for the purposes of the allowance legislation.
Finally, the note confirms that a detailed impact assessment was omitted because no significant effects on the private, voluntary, or public sectors were anticipated.
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