Levelling-up and Regeneration Act 2023 (2023 Act)

Alteration of street names: England

(1) In this section "local authority" means—

(a) a district council in England;

(b) a county council in England for an area for which there is no district council;

(c) a London borough council;

(d) the Common Council of the City of London.

(2) A local authority within subsection (1)(a) or (b) may, by order, alter the name of a street, or any part of a street, in its area if the alteration has the necessary support.

(3) Where a local authority has altered the name of a street, or any part of a street, under subsection (2), it may cause the altered name to be painted or otherwise marked on a conspicuous part of any building or other erection.

(4) Any person who then wilfully, and without the consent of the local authority, obliterates, defaces, obscures, removes or alters the altered name painted or otherwise marked under subsection (2) is liable to a penalty not exceeding level 1 on the standard scale.

(5) A local authority within subsection (1)(c) or (d) may exercise the power conferred by section 6(1) of the London Building Acts (Amendment) Act 1939 (assigning of names to streets etc) to make an order altering the name of a street, or any part of a street, in its area only if the alteration has the necessary support.

(6) An alteration has the necessary support for the purposes of this section only if—

(a) it has sufficient local support, and

(b) where it is an alteration of a specified kind, it has any other support specified as a pre-condition for alterations of that kind.

(7) Regulations may provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified in the regulations.

(8) Regulations under subsection (7) may (amongst other things)—

(a) make provision enabling a referendum to be held by a local authority, on a question determined by it in accordance with the regulations, for the purposes of establishing whether an alteration has sufficient local support, including provision about the conduct and timing of a referendum and who is entitled to vote;

(b) provide that, where a local authority holds a referendum in accordance with regulations made by virtue of paragraph (a), the alteration may not be made unless one or both of the following apply—

(i) a specified percentage or number of those entitled to vote in the referendum exercise that right;

(ii) a specified majority of those who vote indicate their support for the alteration;

(c) provide that, where a local authority has run a process ("the first process") for the purposes of this section which failed to establish that an alteration of the name of a street (or a part of a street) had sufficient local support, the local authority may not run another such process within a specified period in respect of—

(i) if the first process related to the name of a whole street, an alteration of the name of the same street or any part of it;

(ii) if the first process related to the name of a part of a street ("the original part"), an alteration of the name of the whole street, of the original part or of any other part which includes some or all of the original part.

(9) A local authority must have regard to any guidance published by the Secretary of State about—

(a) the things to be done before a local authority decides to take steps to establish if an alteration has the necessary support for the purposes of this section;

(b) the exercise of other functions conferred on a local authority by or under this section.

(10) No local Act operates to enable a local authority within subsection (1)(a) or (b) to alter the name of a street, or part of a street, in its area.

(11) In this section—

"regulations" means regulations made by the Secretary of State;

"specified" means specified in regulations;

"street" has the meaning given by section 48(1) of the New Roads and Street Works Act 1991.

(12) Schedule 5 contains amendments which are consequential on this section.

In 2022, the UK Government launched a consultation on street naming and in particular a focus on whether there should be a common requirement in England for votes on proposed changes of street names. This stemmed from a concern “that there are attempts to erase and cancel local heritage and that residents are not being properly consulted”. The response to the consultation was published in July 2022 and can be found at https://www.gov.uk/government/consultations/technical-consultation-on-street-naming/outcome/government-response-to-the-technical-consultation-on-street-naming. As a result of the consultation outcome the UK Government amended the Levelling-up and Regeneration Bill.

The Explanatory Notes to the 2023 Act state, “Regulations under this section will be used to set minimum requirements that a proposal for a street name change must meet, in order for a local authority to be able to make that change. The government will set a procedure which specifies whose consent must be sought, how to go about doing so and how consent may be given or withheld…A referendum is specifically provided for [in terms of what the regulations may provide for] as this may be one of the principal methods by which sufficient local support is established, by there may be other ways. For example, in the case of public squares there might be no, or only negligible, “electorate” for the square meaning a referendum may not be practical. The regulations are intended to deal with other procedural matters for establishing sufficient local support, like the timing and conduct of any referendum.”

Pursuant to The Levelling-Up and Regeneration Act 2023 (Commencement No. 2 and Transitional Provisions) Regulation 2024, section 81 and Schedule 5 came into force on 31 January 2024 and as a consequence governs all street renaming from that date.

Any power to rename a street under the 1907 Act or the 1925 Act or a Local Act no longer applies. Instead section 81 must be used. In London, the existing legislation applies but subject to demonstrating the “necessary support”.

It was envisaged (given the statements made) that the UK Government would make regulations and issue statutory guidance to provide further support to SNN authorities in undertaking the renaming process and in particular how the authority seeks to obtain necessary support. No such regulations or guidance have been published. The indication from the UK Government is that no regulations or guidance are due. In a written ministerial answer, the minister stated (https://questions-statements.parliament.uk/written-questions/detail/2024-11-11/13624):

“Changes to street names are a local matter. Section 81 of the Levelling Up and Regeneration Act 2023 replaced the previously inconsistent arrangements for the renaming of streets. It enables local authorities to make changes to street names if they determine they command ‘sufficient local support’ and sets an expectation of local engagement prior to any change. At present the Government does not consider there is a need for further guidance to support Local Authorities in doing so. The Government intends to monitor the operation of these arrangements.”

Therefore an authority can only act where there is necessary support and in the absence of regulations this means that the alteration has sufficient local support. Without regulations or guidance, it is for the individual authority to determine how to demonstrate that support (the process, identifying who is able to show local support and the threshold for local support – i.e. what is local and what is sufficient?). As with any decision making the approach needs to be guided by good public sector decision making – not least that the approach is rational. Whilst not binding, authorities may wish to consider the consultation outcome to see if that provides assistance.