Local Government Act 1985

42 Reorganisation of functions. E+W

(1) The Secretary of State may by order make provision for any of the following purposes—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (b) the constitution of the council of a metropolitan district or London borough or the Common Council as the fire authority for that district or borough or for the City and Temples, as the case may be;]

(c) the exclusion of any metropolitan district from, or the abolition of, any passenger transport area . . . F3 or, as respects any functions exercisable by a metropolitan county passenger transport authority otherwise than by virtue of section 39 above [F4 or section 58 of the Transport Act 1985], the exclusion of the council of any such district from the authority’s constituent councils;

(d) whether or not an order is made for any of the foregoing purposes, the transfer to the council of a metropolitan district or London borough or to the Common Council in respect of its area of any functions that would otherwise be exercisable in respect of that area by a joint authority or, in the case of the council of a metropolitan district, by a Passenger Transport Executive.

(2) [F5 The Secretary of State may by order make provision for—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the combination of the area of any fire authority constituted by this Part of this Act or by an order under subsection (1) above with the area of any other fire authority or the exclusion from an area for which a fire authority is constituted by this Part of this Act of any area for which a separate fire authority could be constituted by an order under that subsection and its combination with any other such area or with the area of another fire authority.]

(3) Before making an order under this section the Secretary of State shall consult each of the following bodies which appears to him to be affected by the order, that is to say, any F6 . . . [F7 fire or] passenger transport authority, the council of a county, district or London borough and the Common Council.

(4) An order under this section may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provisions amending any other provision of this Act, any other enactment or any instrument made under any enactment.

Textual Amendments

F1 S. 42(1)(a)(2)(a) repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F2 S. 42(1)(b) repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 59(2), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F3 Words repealed by Transport Act 1985 (c.67, SIF 126), s. 139(3), Sch. 8

F4 Words inserted by Transport Act 1985 (c.67, SIF 126), ss. 58(4)(c), 140

F5 S. 42(2) repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 59(2), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F6 Word in s. 42(3) repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F7 Words in s. 42(3) repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 59(3), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2