|
| |
| |
13 | Implementation orders: further provision |
| |
(1) | The power to make an order under section 7 or 10 includes (as well as power |
| |
to make any provision authorised by section 11(1)(b)) power to make any other |
| |
incidental, consequential, transitional or supplementary provision. |
| |
(2) | Subsection (1) is to be read with section 15. |
| 5 |
(3) | Any incidental, consequential, transitional or supplementary provision |
| |
included in an order under section 7 or 10 may relate either to other provisions |
| |
of the order or to a previous order under section 7 or 10 (and the reference in |
| |
section 12(2) to “the order” accordingly includes a previous order under |
| |
| 10 |
(4) | The Secretary of State must exercise his powers under section 11(4)(g) in such |
| |
a way as to ensure that none of the following is divided between two or more |
| |
| |
(a) | a county in which there are no district councils; |
| |
| 15 |
| |
14 | Regulations for supplementing orders |
| |
(1) | The Secretary of State may by regulations of general application make |
| |
incidental, consequential, transitional or supplementary provision— |
| |
(a) | for the purposes or in consequence of any orders under section 7 or 10; |
| 20 |
| |
(b) | for giving full effect to such orders. |
| |
(2) | Subsection (1) is to be read with section 15. |
| |
(3) | Regulations under this section have effect subject to any provision included in |
| |
an order under section 7 or 10. |
| 25 |
15 | Incidental etc provision in orders or regulations |
| |
(1) | In sections 13 and 14 references to incidental, consequential, transitional or |
| |
supplementary provision include, in particular, provision— |
| |
(a) | for the transfer of functions, property, rights or liabilities from a local |
| |
authority or police authority for any area to another local authority or |
| 30 |
police authority whose area consists of or includes the whole or part of |
| |
| |
(b) | for the transfer of property, rights or liabilities, and of related functions, |
| |
from an authority which ceases to exist to a residuary body established |
| |
| 35 |
(c) | for legal proceedings commenced by or against any body to be |
| |
continued by or against a body to whom functions, property, rights or |
| |
liabilities are transferred; |
| |
(d) | for the transfer of staff, compensation for loss of office, pensions and |
| |
| 40 |
(e) | for treating any body to whom a transfer is made for some or all |
| |
purposes as the same person in law as the body from whom the transfer |
| |
| |
(f) | with respect to the management or custody of transferred property |
| |
| 45 |
| |
| |
|
| |
| |
(g) | with respect to the functions, areas of jurisdiction and costs and |
| |
expenses of any public body or of— |
| |
(i) | any justice of the peace other than a District Judge (Magistrates’ |
| |
| |
(ii) | any coroner or keeper of the rolls; |
| 5 |
(iii) | any lord-lieutenant, lieutenant or high sheriff; or |
| |
(iv) | any other officers (including police officers) within the area of |
| |
any local authority affected by an order under section 7 or 10; |
| |
(h) | with respect to the functions of any District Judge (Magistrates’ |
| |
| 10 |
(i) | with respect to charter trustees; |
| |
(j) | equivalent to any provision that could be contained in an agreement |
| |
under section 16 (agreements about incidental matters). |
| |
(2) | Any order under section 7 or 10 or regulations under section 14 may for any |
| |
incidental, consequential, transitional or supplementary purpose— |
| 15 |
(a) | modify, exclude or apply (with or without modifications) any |
| |
| |
(b) | repeal or revoke any enactment with or without savings. |
| |
| |
| 20 |
(a) | any enactment contained in this Act (other than a provision of |
| |
this Part) or in an Act passed after this Act; |
| |
(b) | any instrument made under an enactment (including an |
| |
enactment contained in this Act or in an Act passed after this |
| |
| 25 |
(c) | any charter, whenever granted; |
| |
| |
16 | Agreements about incidental matters |
| |
(1) | Any public bodies affected by an order under section 7 or 10 may from time to |
| |
time make agreements with respect to— |
| 30 |
(a) | any property, income, rights, liabilities and expenses (so far as affected |
| |
by the order) of the parties to the agreement; |
| |
(b) | any financial relations between the parties to the agreement. |
| |
(2) | Such an agreement may in particular provide— |
| |
(a) | for the transfer or retention of any property, rights and liabilities, with |
| 35 |
or without conditions, and for the joint use of any property; |
| |
(b) | for the making of payments by any party to the agreement in respect |
| |
| |
(i) | property, rights and liabilities so transferred or retained; |
| |
| 40 |
(iii) | the remuneration or compensation payable to any person; |
| |
(c) | for any such payment to be made by instalments or otherwise; |
| |
(d) | for interest to be charged on any such instalments. |
| |
(3) | In default of agreement about any disputed matter, the matter is to be referred |
| |
to the arbitration of a single arbitrator— |
| 45 |
(a) | agreed on by the parties; or |
| |
| |
| |
|
| |
| |
(b) | in default of agreement, appointed by the Secretary of State. |
| |
(4) | The arbitrator’s award may make any provision that could be contained in an |
| |
agreement under this section. |
| |
(5) | In subsection (3) “disputed matter” means any matter that— |
| |
(a) | could be the subject of provision contained in an agreement under this |
| 5 |
| |
(b) | is the subject of a dispute between two or more public bodies that is not |
| |
resolved by or under any order or regulations under this Chapter. |
| |
(6) | In this section “public body” includes a parish council. |
| |
| 10 |
(1) | The Secretary of State may by order establish one or more bodies corporate |
| |
(“residuary bodies”) for the purpose of taking over any property, rights or |
| |
liabilities, and any related functions, of local authorities which cease to exist by |
| |
virtue of orders under section 7 or 10. |
| |
(2) | An order under subsection (1) may— |
| 15 |
(a) | make provision with respect to the constitution and membership of a |
| |
| |
(b) | make provision with respect to the powers of a residuary body to make |
| |
levies and to borrow and lend money and the treatment and |
| |
distribution of capital and other money by such a body; |
| 20 |
(c) | make provision with respect to the keeping and auditing of accounts of |
| |
| |
(d) | make provision with respect to directions which may be given by the |
| |
Secretary of State in relation to the carrying out by a residuary body of |
| |
| 25 |
(e) | make provision enabling the Secretary of State to require a residuary |
| |
body to submit to him a scheme for the winding up of the body and the |
| |
disposal of its property, rights and liabilities and related functions. |
| |
(3) | The Secretary of State may by order provide— |
| |
(a) | for the transfer to any other body or bodies (including any body or |
| 30 |
bodies corporate established under the order for the purpose) of any |
| |
property, rights or liabilities, and any related functions, of a residuary |
| |
| |
(b) | for giving effect (with or without modifications) to any scheme |
| |
submitted to him under a provision made by virtue of subsection (2)(e) |
| 35 |
and for the dissolution of a residuary body. |
| |
(4) | An order under this section may include incidental, consequential, transitional |
| |
or supplementary provision, including in particular provision of a kind |
| |
mentioned in paragraphs (c) to (f) of section 15(1). |
| |
(5) | Section 15(2) and (3) (power to apply etc enactments) apply to an order under |
| 40 |
this section as to an order under section 7. |
| |
| |
(1) | The Secretary of State may by order establish one or more staff commissions |
| |
| |
| |
| |
|
| |
| |
(a) | considering and keeping under review the arrangements for the |
| |
recruitment of staff by relevant authorities affected by orders under this |
| |
Chapter and for the transfer in consequence of any such order of staff |
| |
employed by such authorities; |
| |
(b) | considering such staffing problems arising in consequence of such an |
| 5 |
order, and such other matters relating to staff employed by any such |
| |
authority, as may be referred to the staff commission by the Secretary |
| |
| |
(c) | advising the Secretary of State on the steps necessary to safeguard the |
| |
| 10 |
(2) | Such a commission may be established for the whole or any part of England. |
| |
(3) | The Secretary of State may give directions to a staff commission with respect to |
| |
| |
(4) | The Secretary of State may give directions to any relevant authority affected by |
| |
an order under this Chapter with respect to— |
| 15 |
(a) | the provision of any information requested and the implementation of |
| |
any advice given by a staff commission; |
| |
(b) | the payment by such an authority of any expenses incurred by a staff |
| |
commission in doing anything requested by the authority. |
| |
(5) | Any expenses incurred by a staff commission under this section and not |
| 20 |
recovered from a relevant authority shall be paid by the Secretary of State out |
| |
of money provided by Parliament. |
| |
(6) | The Secretary of State may by order provide for the winding up of any staff |
| |
commission established under this section. |
| |
(7) | A direction under this section may be varied or revoked by a subsequent |
| 25 |
| |
(8) | In this section “relevant authority” means— |
| |
(a) | a local authority; or |
| |
(b) | a residuary body established under section 17. |
| |
19 | Certain county councils to be billing authorities |
| 30 |
(1) | Where an order under this Chapter transfers the functions of district councils |
| |
in relation to any area to a council for a county consisting of that area, the |
| |
| |
(a) | shall, for any financial year beginning at the same time as or after that |
| |
transfer, be a billing authority for the purposes of Part 1 of the Local |
| 35 |
Government Finance Act 1992 (c. 14) in relation to the area; |
| |
(b) | shall not, for any such year, be a major precepting authority for those |
| |
| |
(2) | This section does not limit any power to make provision by order under this |
| |
Chapter or any power to make incidental, consequential, transitional or |
| 40 |
supplementary provision in connection with the provisions of any such order. |
| |
(3) | In this section “financial year” means 12 months beginning with 1 April. |
| |
| |
| |
|
