Cities and Local Government Devolution Act 2016

17 Section 16: procedure etc E+W

(1) The Secretary of State may make regulations under section 16 only if—

(a) the relevant local authority by whom a function becomes exercisable by virtue of the regulations consents, F1 ...

(b) the Secretary of State considers that the making of the regulations is likely to improve [F2 the economic, social and environmental well-being of some or all of the people who live or work] in the relevant local authority's area [F3 , and

(c) where subsection (4A) applies to the regulations, the Secretary of State has had regard to the matters in subsection (4B).]

(2) The power to make regulations under section 16—

(a) is exercisable by statutory instrument;

(b) includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision;

(c) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act whenever passed or made.

(3) The requirement in subsection (1)(a) for the relevant local authority to consent to the making of regulations under section 16 does not apply where—

(a) the regulations revoke (in whole or in part), or otherwise amend, previous regulations under that section, and

(b) the only purpose of the regulations is to provide for a health service function of the relevant local authority to cease to be exercisable by the authority (which may include provision under subsection (2)(b) in relation to that purpose).

(4) In subsection (3)(b), “health service function of a relevant local authority” means a function which—

(a) relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and

(b) is exercisable by the authority by virtue of regulations under section 16.

[F4 (4A) This subsection applies to regulations under section 16 that—

(a) revoke or otherwise amend previous regulations under that section, and

(b) are made in response to a notification from a local authority under section 9NC(3) or 9ND(4) of the Local Government Act 2000 (transfer of functions: changes in governance arrangements) of a proposed change in governance arrangements.

(4B) The matters mentioned in subsection (1)(c) are—

(a) the circumstances of the area of the local authority, and

(b) the likely impact of the change in governance arrangements on—

(i) the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority, and

(ii) the accountability and decision-making of the local authority.]

[F5 (4C) The requirement in subsection (1)(b) does not apply to the making of regulations under section 16 where subsection (4A) applies to those regulations.]

(5) A statutory instrument containing regulations under section 16 may be made only if a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

(6) At the same time as laying a draft of a statutory instrument containing regulations under section 16 before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.

(7) The report must include—

(a) a description of any consultation taken into account by the Secretary of State,

(b) information about any representations considered by the Secretary of State in connection with the regulations, and

(c) any other evidence or contextual information that the Secretary of State considers it appropriate to include.

(8) If a draft of regulations under section 16 would, apart from this subsection, be 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 instrument.

Textual Amendments

F1 Word in s. 17(1)(a) omitted (26.10.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(6)(a)(i), 255(2)(k) (with s. 247)

F2 Words in s. 17(1)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 73(a), 255(2)(l) (with s. 247)

F3 S. 17(1)(c) and word inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(6)(a)(ii), 255(2)(k) (with s. 247)

F4 S. 17(4A)(4B) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(6)(b), 255(2)(k) (with s. 247)

F5 S. 17(4C) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 73(b), 255(2)(l) (with s. 247)

Commencement Information

I1 S. 17 in force for certain purposes at Royal Assent and at 28.3.2016 otherwise by s. 25(2)(a)(b)