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The English Devolution and Community Empowerment Act 2026 received Royal Assent in April. Under the Act, mayors can now appoint up to 10 people, known as commissioners, to help with the exercise of the mayor's general functions and the combined authority and combined county authority's functions relating to the areas of competence.But what is the role of the commissioners, what are the scrutiny arrangements and what practical steps can authorities take to prepare for these changes?What are commissioners?The power for mayors to appoint commissioners is set out in Section 9 and Schedule 3 of the Act. This is a function for mayors and does not apply to non-mayoral combined authorities and combined county authorities.On 16 April, the Ministry of Housing, Communities and Local Government (MHCLG) published its guidance on the appointment of commissioners, which describes commissioners as a ‘new leadership role' within combined authorities and combined county authorities (‘the authority').The scope, specification and activities to be undertaken by commissioners are to be determined by the mayor in consultation with members and officers as appropriate.The terms and conditions of the commissioner's appointment must provide that their work relates to one of the areas of competence.How will this work in practice?Commissioners will act on behalf of, and as directed, by the mayor. This includes taking decisions on behalf of the mayor where functions have been delegated. Two commissioners may be appointed into one area of competence, but each commissioner may only work in one distinct aspect of that competence.Certain functions, such as those relating to approving the local growth plan, local transport plan and approving the spatial development strategy, cannot be delegated. Mayors must also obtain consent from the authority to any arrangements for a commissioner to exercise a function, unless it is a function exercisable only by the mayor.Are commissioners officers of the authority?While commissioners are expected to co-operate with officers and members of an authority, they are unique and different from officers because an officer's employment does not automatically end following a change of political administration and officers are expected to consider the organisational interests of the authority impartially.On 3 December 2025, the Government published guidance on the then English Devolution and Community Empowerment Bill and explained that commissioners will not be members of the combined authority or combined county authority but will instead be similar to the Mayor of London's power to appoint deputy mayors.Under Section 67 of the Greater London Authority Act 1999, the Mayor of London may appoint up to 13 members of staff to the mayoral team, and they will be employees of the Greater London Authority.MHCLG guidance contemplates that commissioners could be salaried employees or could be remunerated through other arrangements, although this is unclear. Authorities should clarify this in any letters of appointment.Do commissioners have to comply with Codes of Conduct?Authorities will need to consider changes to the constitution more widely and design and implement specific codes of conduct, declaration of conflict-of-interest policies and relations protocols to account for the functions commissioners could be afforded.What about scrutiny?MHCLG guidance sets out a new scrutiny regime which will apply to all established mayoral combined (county) authorities from April 2027 and all mayoral combined (county) authorities from April 2028.Commissioners will be automatically removed from post if, without reasonable excuse, they fail to attend six consecutive meetings of a local scrutiny committee or six meetings within a 12-month period and fined up to £5,000 if they refuse to attend a meeting, provide information, answer questions or mislead the committee.Authorities will therefore need to consider updating their scrutiny standing orders to account for these changes.What can authorities do to prepare for the change?Some practical steps include the following:Consider the scope of the commissioner's role and whether the post will be a salaried appointment. Seek legal advice early in connection with employment law implications.Review its governance arrangements and its constitution to ensure it is compliant with changes. In particular consider implementing and designing specific codes of conduct, conflict of interest policies and scrutiny standing ordersTiffany Cloynes is head of local government, Rebecca Gilbert is legal director and Megan Tam is principal associate at Capsticks

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DEVOLUTION

Getting to grips with mayoral commissioners

By Tiffany Cloynes, Rebecca Gilbert, Megan Tam | 16 June 2026

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