PART 9

COLLABORATION AND AMALGAMATION
CHAPTER 2

AMALGAMATION

Supplementary, incidental, consequential, transitional and saving provision
166
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).