Localism Bill (HL Bill 90)

(1) The Secretary of State may by order make provision—

(a) 30enabling or requiring a specified local authority operating a
mayor and cabinet executive to confer a local public service
function of any person or body on its elected mayor;

(b) in relation to a specified local authority operating a mayor
and cabinet executive, transferring a local public service
35function from any person or body to the authority’s elected
mayor;

(c) about the discharge of local public service functions that are
conferred on, or transferred to, elected mayors by virtue of
this section (including provision enabling the discharge of
40those functions to be delegated).

(2) An order under this section may modify any enactment (whenever
passed or made) for the purpose of making the provision mentioned
in subsection (1).

(3) The power to modify an enactment in subsection (2) is a power—

(a) 45to apply that enactment with or without modifications,

(b) to extend, disapply or amend that enactment, or

(c) to repeal or revoke that enactment with or without savings.

(4) An order under this section may disapply, or modify the application
of, Chapter 4 in relation to a local authority by whose elected mayor
5a function is made exercisable by virtue of the order.

(5) An order under this section may make provision for and in
connection with the transfer of property, rights and liabilities from
the person who, or body which, would have a local public service
function but for the order (“the transferor”) to the local authority by
10whose elected mayor the function is made exercisable by virtue of
the order.

(6) The things that may be transferred by virtue of provision made
under subsection (5) include—

(a) property, rights and liabilities that could not otherwise be
15transferred;

(b) property acquired, and rights and liabilities arising, after the
making of the order.

(7) Provision which may be made under subsection (5) includes, in
particular, provision—

(a) 20for the creation of rights, or the imposition of liabilities, in
relation to property or rights transferred;

(b) about the continuing effect of things done by the transferor in
respect of anything transferred;

(c) about the continuation of things (including legal
25proceedings) in the process of being done by, on behalf of or
in relation to the transferor in respect of anything transferred;

(d) for references to the transferor in an instrument or other
document relating to anything transferred to be treated as
references to the local authority;

(e) 30for the shared ownership or use of property;

(f) that has the same or similar effect to the TUPE regulations (so
far as those regulations do not apply in relation to the
transfer);

(g) for the transferor and local authority to be able to modify
35other provision made in relation to the transfer by agreement;

(h) for any modifications under paragraph (g) to have effect from
the date when the transfer had effect under the order.

(8) For the purposes of this section—

(a) an individual who holds employment in the civil service is to
40be treated as employed by virtue of a contract of
employment, and

(b) the terms of the individual’s employment in the civil service
are to be regarded as constituting the terms of the contract of
employment.

(9) 45In this section—

• “civil service” means the civil service of the State;

• “local public service function”, in relation to a local authority,
  means a function of a public nature in so far as it relates to the
  provision of a public service—

  Localism BillPage 229

  (a)

  in the local authority’s area, or

  (b)

  to the inhabitants of that area;

• “public service” means a service provided to the public or a
  section of the public, whether on payment or not, that—

  (a)

  5is provided in the exercise of functions of a public
  nature or under statutory authority, or

  (b)

  is wholly or partly funded by grants, subsidies or
  other financial assistance from central or local
  government funds;

• 10“service” includes the provision of goods or facilities of any
  description;

• “specified” means specified or described in an order made by
  the Secretary of State under this section;

• “TUPE regulations” means the Transfer of Undertakings
  15(Protection of Employment) Regulations 2006 (SI 2006/246SI 2006/246);

• references to rights and liabilities include rights and liabilities
  relating to a contract of employment;

• references to the transfer of property include the grant of a
  lease.

9HB 20Secretary of State to consider certain proposals as to the exercise of
powers under section 9HA

(1) If the Secretary of State receives a relevant proposal from an elected
mayor, the Secretary of State must—

(a) consider the proposal, and

(b) 25notify the elected mayor of what action, if any, the Secretary
of State is to take in relation to the proposal.

(2) For the purposes of subsection (1) a “relevant proposal” is a
proposal—

(a) as to how the Secretary of State should exercise the powers in
30section 9HA in relation to the local authority for which the
person making the proposal is the elected mayor,

(b) that is made within the period of one year beginning with
date of the election at which that person was returned as the
elected mayor, and

(c) 35that is accompanied by such information and evidence as the
Secretary of State may specify in regulations made under this
section.

9HC Election as elected mayor and councillor

(1) If the person who is returned at an election as the elected mayor of a
40local authority is also returned at an election held at the same time as
a councillor of the authority, a vacancy arises in the office of
councillor.

(2) If the person who is returned at an election (“the mayoral election”)
as the elected mayor of a local authority—

(a) 45is a councillor of the authority, and

(b) was returned as such a councillor at an election held at an
earlier time than the mayoral election,

a vacancy shall arise in the office of councillor.