Local Government and Public Involvement in Health Act 2007 (c. 28)

Part 1 E+W Structural and boundary change in England

Chapter 1 E+W Structural and boundary change

Implementation of changes E+W

15 Incidental etc provision in orders or regulations E+W

(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 police authority whose area consists of or includes the whole or part of that area;

(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 under section 17;

(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 other staffing matters;

(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 is made;

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

(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' Courts);

(ii) any coroner or keeper of the rolls;

(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' Courts);

(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—

(a) modify, exclude or apply (with or without modifications) any enactment;

(b) repeal or revoke any enactment with or without savings.

(3) In subsection (2)—

• “enactment” includes—

  (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 at any time under an enactment (including an enactment contained in this Act or in an Act passed after this Act);

  (c)

  any charter, whenever granted;

• “modify” includes amend.

Commencement Information

I1 S. 15 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)