Published on the 10 July 2025, the English Devolution and Community Empowerment Bill represents another step change in Labour’s Plan for Change, following on from the Devolution White Paper published in December 2024. A range of measures aimed at moving power to a local level will look to boost England’s economy, aiding regional growth through decentralised decision making.
Below, we look at some of the key proposals outlined in part two of the white paper. This article follows our 'A devolution revolution? Key proposals in the English Devolution White Paper' article, which highlights the part one proposals.
As suggested by the white paper, there will be a three tier devolution system with three levels of 'strategic authority'.
Importantly, these new strategic authorities will not replace councils. Councils will retain control over important services such as adult social care and work in conjunction with strategic authorities.
Devolution by default will mean that each strategic authority will automatically be granted devolved powers according to a standardised devolution framework. This framework will include important structures for the strategic authorities such as funding commitments, powers and importantly what tier in the devolution framework they have qualified for.
Simple majority voting will be used in an effort to reform the first past the post system. This system will look to reduce red tape and prevent decisions from being blocked. The English Devolution and Community Empowerment Bill also proposes a reduced need for secretary of state approval, further granting authorities power over their local needs.
When voting for a mayor, as we see in Ireland, a preference voting system will be used where individuals vote for more than one candidate in order of preference. These preferences will then be accounted for if there is a tie.
In part one of this series we noted that the Greater London Area (GLA) was proposed to be treated as a mayoral strategic authority. This English Devolution and Community Empowerment Bill confirms that the government have ‘promoted’ the GLA to be treated as an established mayoral strategic authority due to the unique nature of London.
Unlike the devolution by default position for all other strategic authorities, the GLA will apply the framework on a case by case basis.
Part 2 of the English Devolution and Community Empowerment Bill covers the areas of competencies that the strategic authorities will be afforded, including:
The English Devolution and Community Empowerment Bill also provides for additional mayoral powers of competencies. These will only be available to mayoral and established mayoral strategic authorities. These include:
Part 3 of the English Devolution and Community Empowerment Bill relates to local government reorganisation. As was seen in the white paper there is a clear push for resetting the relationship between local and central government.
The English Devolution and Community Empowerment Bill contains amendments to the Local Government and Public Involvement in Health Act 2007. The government's preference for large unitary authorities can be seen with the bill allowing for principle authorities to merge into new unitary strategic authorities.
However, all this is not to say that central government will not retain key oversight. A new Local Audit Office will provide oversight and guidance in accordance with the direction of the secretary of state. This will provide a 'soft touch' oversight to allow authorities to ‘run’ with devolution without leaving them stranded.
The English Devolution and Community Empowerment Bill substantially follows on from the changes proposed within the white paper so does not spring too many surprises.
However, the practicalities of how already over-burdened councils will manage the additional pressure will only be revealed in time. Without sufficient resources, guidance and financial support councils will not be able to deliver the localised economic growth that the English Devolution and Community Empowerment Bill is intended to facilitate.
Positive adoption of the English Devolution and Community Empowerment Bill will require heightened engagement within local government to ensure the conversations are productive. The mandated local growth plans will be key to this. Councils will need to focus both internally and externally.
Internally, councils will need to continue providing existing services whilst restructuring internally to support the new areas of competencies and workflow management. However, they will have to juggle this with curating mutually beneficial co-operations externally that complement the new competencies. Careful planning and consideration will be needed to prevent the line of red tape simply moving from secretary of state to already struggling councils.
The English Devolution and Community Empowerment Bill is currently at second reading stage and while it includes exciting proposals for English local authorities with the chance for unprecedented autonomy from Westminster, it will be hugely challenging for the already over-burdened sector and early engagement and preparation will be key to its success.
We will continue to monitor the English Devolution and Community Empowerment Bill's progress and provide updates on any further key developments.
For further information, please contact the public sector team.
We produce a range of insights and publications to help keep our clients up-to-date with legal and sector developments.
Sign up
