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Localism Act 2011

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This is the original version (as it was originally enacted).

15Power to transfer local public functions to permitted authorities

This section has no associated Explanatory Notes

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

(a)transferring a local public function from the public authority whose function it is to a permitted authority;

(b)about the discharge of local public functions that are transferred to permitted authorities under this section (including provision enabling the discharge of those 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)to 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 of Part 1A of the Local Government Act 2000 (changing local authority governance arrangements) in relation to a county council or district council to which the order transfers a local public function.

(5)The Secretary of State may not make an order under this section unless the Secretary of State considers that it is likely that making the order would—

(a)promote economic development or wealth creation, or

(b)increase local accountability in relation to each local public function transferred by the order.

(6)For the purposes of subsection (5)(b), in relation to a local public function, local accountability is increased if the exercise of the function becomes more accountable to persons living or working in the area of the permitted authority to which it is transferred.

(7)The Secretary of State may not make an order under this section unless the Secretary of State considers that the local public function transferred by the order can appropriately be exercised by the permitted authority to which it is transferred.

(8)The Secretary of State may not make an order under this section transferring a local public function to a permitted authority unless the authority has consented to the transfer.

(9)Before making an order under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

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