The English Devolution and Community Empowerment Act 2026 (Commencement No. 2) Regulations 2026
This instrument brings into force several sections of the English Devolution and Community Empowerment Act 2026 on 15 July 2026, primarily affecting local authorities and pension scheme managers in England.
It establishes the Local Audit Office, mandates audit committees for Category 1 authorities, and introduces new requirements for cooperation between local government pension scheme managers.
The regulations also authorize the separation of pension scheme accounts and modify how smaller authorities are categorized for audit purposes when financial reviews are outstanding.
Arguments For
The instrument functions to bring specific transparency and oversight measures into legal effect on a defined date, as permitted under the 2026 Act.
The order states that the introduced provisions will enable the establishment of a Local Audit Office to oversee local government financial accountability.
Proponents argue that the separation of Local Government Pension Scheme (LGPS) accounts and increased cooperation between managers will improve financial management.
The document specifies that certain audit committee requirements are targeted at Category 1 authorities to focus oversight on larger local government bodies.
Arguments Against
Local government bodies may face administrative challenges when transitioning to the new Local Audit Office oversight framework on short notice.
Legal scholars might note that the partial commencement of Schedule 34 creates a fragmented regulatory environment where some reporting duties are active while others remain dormant.
Smaller authorities may express concern over the changing terminology and treatment of outstanding audits, which could increase compliance burdens.
The exclusion of specific paragraphs regarding business planning and annual reporting from Schedule 1A leaves an ambiguity regarding the immediate operational transparency of the new Local Audit Office.
Citation and interpretation
- -(1) These Regulations may be cited as the English Devolution and Community Empowerment Act 2026 (Commencement No. 2) Regulations 2026.
(2) In these Regulations, 'the 2026 Act' means the English Devolution and Community Empowerment Act 2026.
This section establishes the official name of the regulations for legal citation purposes.
It also defines 'the 2026 Act' as a shorthand reference for the English Devolution and Community Empowerment Act 2026 throughout the document.
Provisions coming into force on 15th July 2026
- -(1) The following provisions of the 2026 Act come into force on 15th July 2026-
- (a) section 43 (co-operation with local government pension scheme managers);
- (b) section 89 (establishment of Local Audit Office);
- (c) section 94 (audit committees), in relation to a relevant authority that is a Category 1 authority for the purposes of the Accounts and Audit Regulations 2015( 2 );
- (d) section 96 (smaller authorities: change of terminology);
- (e) section 97 (power to provide for smaller authority treatment in previous years where audit outstanding);
- (f) section 98 (amendment paving way for separation of LGPS accounts).
(2) Except as provided in paragraph (3), Schedule 34 to the 2026 Act comes into force on 15th July 2026.
(3) The amendments to the Local Audit and Accountability Act 2014( 3 ), inserted by Part 1 of Schedule 34 to the 2026 Act, do not apply to the extent they insert the following paragraphs into Schedule 1A to the 2014 Act-
- paragraph 13(1)(b) and (2) to (4);
- paragraph 14;
- paragraph 15.
This section activates various parts of the 2026 Act on 15 July 2026, including the creation of the Local Audit Office and rules for pension manager cooperation.
It limits the requirement for audit committees specifically to 'Category 1 authorities,' which generally refers to larger local government bodies such as county and district councils.
While most of Schedule 34 becomes active, specific provisions regarding annual reports and business planning for the new audit framework remain inactive until a later date.
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