|
| |
|
(d) | for bodies to make agreements with respect to any property, income, |
| |
rights, liabilities and expenses of, and any financial relations between, |
| |
the parties to the agreement. |
| |
(8) | Provision for the transfer of property, rights and liabilities made by virtue of |
| |
this section may include provision— |
| 5 |
(a) | for the continuing effect of things done by the transferor in relation to |
| |
| |
(b) | for the continuation of things (including legal proceedings) in the |
| |
process of being done, by or on behalf of or in relation to the transferor |
| |
in relation to anything transferred; |
| 10 |
(c) | for references to the transferor in any agreement (whether written or |
| |
not), instrument or other document in relation to anything transferred |
| |
to be treated (so far as necessary for the purposes of or in consequence |
| |
of the transfer) as references to the transferee. |
| |
113 | Consequential amendments |
| 15 |
(1) | The Secretary of State may by order make such provision as the Secretary of |
| |
State considers appropriate in consequence of any provision made by this Part. |
| |
(2) | The power conferred in subsection (1) includes power to amend, repeal or |
| |
revoke provision contained in an enactment passed or made before the day on |
| |
which this Act is passed. |
| 20 |
| |
(1) | Orders under this Part must be made by statutory instrument. |
| |
(2) | Subject to subsection (3), a statutory instrument containing an order under this |
| |
Part may not be made unless a draft of the instrument has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| 25 |
(3) | A statutory instrument containing only an order under section 113 that amends |
| |
or revokes provision contained in an instrument subject to annulment by |
| |
resolution of either House of Parliament is subject to annulment by such |
| |
| |
(4) | If a draft of an order under this Part would, apart from this subsection, be |
| 30 |
treated for the purposes of the standing orders of either House of Parliament |
| |
as a hybrid instrument, it is to proceed in that House as if it were not a hybrid |
| |
| |
| |
(1) | The Secretary of State may give guidance about anything that could be done by |
| 35 |
an authority to whom this section applies under or by virtue of this Part. |
| |
(2) | An authority to whom this section applies must have regard to any guidance |
| |
given under this section in exercising any function conferred or imposed by or |
| |
| |
(3) | Any guidance under this section must be given in writing and may be varied |
| 40 |
or revoked by further guidance in writing. |
| |
(4) | Any such guidance may make different provision for different cases and |
| |
different provision for different areas. |
| |
|
| |
|
| |
|
(5) | This section applies to— |
| |
| |
| |
| |
| 5 |
(e) | a combined authority. |
| |
116 | Amendments relating to EPBs and combined authorities |
| |
Schedule 6 (amendments relating to EPBs and combined authorities) is part of |
| |
| |
| 10 |
| |
“combined authority” means an authority established under section |
| |
| |
“EPB” has the meaning given by section 85(1); |
| |
“ITA” has the meaning given by section 101(1); |
| 15 |
“local government area” has the meaning given by section 85(7); |
| |
“unitary district council” has the meaning given by section 87(4). |
| |
| |
| |
| 20 |
118 | Multi-area agreements |
| |
(1) | This Part makes provision about multi-area agreements. |
| |
(2) | In this Part “multi-area agreement” means a document that— |
| |
(a) | covers an area for which there are two or more local authorities (see |
| |
| 25 |
(b) | specifies improvement targets for that area. |
| |
(3) | Any part of the area may be separated from any other part by territory that is |
| |
| |
(4) | In this Part “improvement target” means a target for improvement in the |
| |
economic, social or environmental well-being of the whole or any part of the |
| 30 |
area covered by a multi-area agreement and which relates to any or all of the |
| |
| |
(a) | one or more local authorities for that area; |
| |
(b) | one or more partner authorities for that area (see section 120); |
| |
(c) | one or more other persons acting, or having functions exercisable, in |
| 35 |
| |
(5) | For the purposes of this Part, a target specified in a multi-area agreement |
| |
| |
(a) | the exercise of any of that person’s functions, or anything done by that |
| |
person, could contribute to the attainment of the target, and |
| 40 |
|
| |
|
| |
|
(b) | that person has consented to the application of the target to that person. |
| |
(6) | A person is taken to have consented to the application of a target to that person |
| |
| |
(a) | that person has consented to the target being specified in the |
| |
| 5 |
(b) | where the target has been changed, that person has consented to the |
| |
| |
| |
(1) | Each of the following is a local authority for the purposes of this Part— |
| |
(a) | a county council in England; |
| 10 |
(b) | a district council in England; |
| |
(c) | a London borough council; |
| |
(d) | the Council of the Isles of Scilly; |
| |
(e) | the Common Council of the City of London in its capacity as a local |
| |
| 15 |
(f) | an economic prosperity board established under section 85 or a |
| |
combined authority established under section 100. |
| |
(2) | For the purposes of this Part, a local authority is an authority for an area if the |
| |
whole or any part of the local authority’s area coincides with or falls within |
| |
| 20 |
| |
(1) | For the purposes of this Part, each of the following is a partner authority for an |
| |
| |
(a) | any person mentioned in subsection (2), where the whole or any part of |
| |
the area for which the person acts or is established coincides with or |
| 25 |
| |
(b) | a person mentioned in subsection (3), where the person provides |
| |
services at or from a hospital or other establishment or facility in that |
| |
| |
(c) | any person mentioned in subsection (4), and |
| 30 |
(d) | where the area includes the area of a London borough council or the |
| |
Common Council of the City of London, Transport for London. |
| |
(2) | The persons referred to in subsection (1)(a) are— |
| |
(a) | a fire and rescue authority which is not a local authority; |
| |
(b) | a National Park authority; |
| 35 |
(c) | the Broads Authority; |
| |
| |
(e) | a chief officer of police; |
| |
(f) | a joint waste authority established under section 207(1) of the Local |
| |
Government and Public Involvement in Health Act 2007 (c. 28); |
| 40 |
(g) | a waste disposal authority established under section 10 of the Local |
| |
Government Act 1985 (c. 51); |
| |
(h) | an Integrated Transport Authority; |
| |
(i) | a Primary Care Trust; |
| |
|
| |
|
| |
|
(j) | a development agency established by section 1 of the Regional |
| |
Development Agencies Act 1998 (c. 45); |
| |
(k) | a local probation board or a probation trust; |
| |
(l) | a youth offending team. |
| |
(3) | The persons referred to in subsection (1)(b) are— |
| 5 |
(a) | a National Health Service trust; |
| |
(b) | an NHS foundation trust. |
| |
(4) | The persons referred to in subsection (1)(c) are— |
| |
(a) | the Arts Council of England; |
| |
(b) | the English Sports Council; |
| 10 |
(c) | the Environment Agency; |
| |
(d) | the Health and Safety Executive; |
| |
(e) | the Historic Buildings and Monuments Commission; |
| |
(f) | the Homes and Communities Agency; |
| |
(g) | the Learning and Skills Council for England; |
| 15 |
(h) | the Museums, Libraries and Archives Council; |
| |
| |
(j) | the Secretary of State in so far as the Secretary of State has functions— |
| |
(i) | under section 2 of the Employment and Training Act 1973 (c. 50) |
| |
(arrangements with respect to obtaining etc employment or |
| 20 |
| |
(ii) | as highway authority by virtue of section 1 of the Highways Act |
| |
| |
(iii) | as traffic authority by virtue of section 121A of the Road Traffic |
| |
Regulation Act 1984 (c. 27), or |
| 25 |
(iv) | under sections 2 and 3 of the Offender Management Act 2007 |
| |
(c. 21) (responsibility for ensuring the provision of probation |
| |
services throughout England and Wales). |
| |
(5) | The Secretary of State may by order— |
| |
(a) | amend subsection (2), (3) or (4) so as to— |
| 30 |
(i) | add to it any person who has functions of a public nature, or |
| |
(ii) | remove from it any person for the time being mentioned in it; |
| |
(b) | amend subsection (4)(j) so as to— |
| |
(i) | add to it any function of the Secretary of State, or |
| |
(ii) | remove from it any function for the time being mentioned in it; |
| 35 |
(c) | make such other amendments of this section as appear to the Secretary |
| |
of State to be necessary or expedient in consequence of provision made |
| |
| |
(6) | Before making an order under subsection (5) the Secretary of State must |
| |
| 40 |
(a) | such representatives of local government as the Secretary of State |
| |
considers appropriate, and |
| |
(b) | such other persons (if any) as the Secretary of State considers |
| |
| |
(7) | An order under subsection (5) must be made by statutory instrument. |
| 45 |
(8) | A statutory instrument containing an order under subsection (5) is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
|
| |
|
| |
|
(9) | For the purposes of subsection (2)(e), a chief officer of police acts and is |
| |
established for the area of the chief officer’s police force. |
| |
(10) | The Secretary of State’s functions under this Part by virtue of subsection |
| |
(4)(j)(iv) are functions to which section 2(1)(c) of the Offender Management Act |
| |
2007 (functions to be performed through arrangements under section 3 of that |
| 5 |
| |
Preparation and approval of multi-area agreements |
| |
121 | Proposal for multi-area agreement |
| |
(1) | The local authorities for an area proposed to be covered by a multi-area |
| |
agreement (“the proposed area”) may request the Secretary of State to give a |
| 10 |
direction under section 122 for the preparation and submission of a draft multi- |
| |
area agreement for the proposed area. |
| |
(2) | The local authorities making the request— |
| |
(a) | must include all of the local authorities for the proposed area, other |
| |
than any non-unitary district council for that area; |
| 15 |
(b) | may include any non-unitary district council for that area. |
| |
(3) | In this Part “non-unitary district council” means a district council for an area |
| |
that is part of the area of a county council. |
| |
(4) | The request must be made in writing and must— |
| |
(a) | identify the local authorities making the request, |
| 20 |
(b) | nominate one of them to be responsible for preparing and submitting |
| |
| |
(c) | identify the proposed area. |
| |
(5) | The local authorities making the request must have regard to any guidance |
| |
issued by the Secretary of State about such requests. |
| 25 |
122 | Direction to prepare and submit draft multi-area agreement |
| |
(1) | If a request is made in accordance with section 121, the Secretary of State may |
| |
direct the responsible authority to prepare a draft multi-area agreement for the |
| |
proposed area and submit it to the Secretary of State. |
| |
(2) | The draft must specify, in relation to each improvement target— |
| 30 |
(a) | the persons or persons to whom the target relates, and |
| |
(b) | where the target does not relate to the whole of the proposed area, the |
| |
part or parts of the area to which it relates. |
| |
(3) | The draft must specify the period for which the multi-area agreement is to have |
| |
| 35 |
(4) | A direction under this section— |
| |
(a) | may specify the date by which the draft must be submitted to the |
| |
| |
(b) | may be varied or revoked. |
| |
|
| |
|