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Local Government (Wales) Measure 2011

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166Supplementary, incidental, consequential, transitional and saving provisionW

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(1)The provision that may be made in an amalgamation order includes (but is not limited to) supplementary, incidental, consequential, transitional and saving provision.

(2)The Welsh Ministers may by regulations of general application make supplementary, incidental, consequential, transitional and saving provision—

(a)for the purposes of or in consequence of amalgamation orders; or

(b)for giving full effect to amalgamation orders.

(3)Regulations under subsection (2) have effect subject to any provision included in an amalgamation order.

(4)In this section, references to supplementary, incidental, consequential, transitional, or saving provision include (but are not limited to) provision—

(a)for the transfer of property, rights or liabilities from an existing local authority to a new local authority;

(b)for legal proceedings commenced by or against an existing local authority to be continued by or against a new local authority;

(c)for the transfer of staff, compensation for loss of office, or with respect to pensions and other staffing matters;

(d)for treating a new local authority for some or all purposes as the same person in law as an existing local authority ;

(e)with respect to the management or custody of transferred property (real or personal);

(f)equivalent to any provision that could be contained in an agreement under section 68 of the Local Government Act 1972 (transitional agreements as to property and finance).

(5)The rights and liabilities which may be transferred in accordance with an order under this section include rights and liabilities in relation to a contract of employment.

(6)The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) apply to a transfer made in accordance with an order under this section (whether or not the transfer is a relevant transfer for the purposes of those regulations).

(7)In subsection (1), the reference to supplementary, incidental, consequential, transitional or saving provision also includes (but is not limited to) provision with respect to—

(a)the establishment or membership of public bodies in any area affected by the amalgamation order and the election or appointment of members of such bodies;

(b)the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by the amalgamation order.

(8)Supplementary, incidental, consequential, transitional or saving provision in an amalgamation order or in regulations under this section may take the form of provision—

(a)modifying, excluding or applying (with or without modifications) any enactment; or

(b)repealing or revoking any enactment (with or without savings).

Commencement Information

I1S. 166 in force at 31.8.2011 by S.I. 2011/2011, art. 2(s)

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