Local Government and Rating Act 1997

23 Orders and regulations under Part II

(1) Any power of the Secretary of State under section 14, 15, 20 or 21 to make orders or regulations is exercisable by statutory instrument.

(2) A statutory instrument containing any regulations under section 15 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any power to make orders or regulations under this Part may be exercised to make different provision for different cases, including different provision for different areas or localities and for different authorities.

(4) Any power of any person to make orders under this Part includes power to make any incidental, supplemental, consequential or transitional provision which the person thinks necessary or expedient.

(5) The provision which may be made by or in pursuance of an order under section 14, or by regulations under section 15 or an order under section 16, includes—

(a) the transfer of functions, property, rights or liabilities (which includes power to make provision mentioned in subsection (6)), and

(b) the management or custody of transferred property (whether real or personal).

(6) The provision referred to in subsection (5)(a) is provision—

(a) 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,

(b) for the transfer of staff, compensation for loss of office, pensions and other staffing matters, and

(c) 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.

(7) The provision which may be made by or in pursuance of an order under section 14, or by regulations under section 15 or an order under section 16, 17 or 20, includes the exclusion or modification of the application of—

(a) section 16(3) or 90 of the [1972 c. 70.] Local Government Act 1972 (elections of parish councillors), or

(b) rules under section 36 of the [1983 c. 2.] Representation of the People Act 1983 (local elections), whenever made.

(8) Where a council make an order under section 16 or 17, they must send two copies of the order to the Secretary of State.

(9) Section 20 of the [1992 c. 19.] Local Government Act 1992 applies to an order under section 14, 16 or 17 as it applies to an order under Part II of that Act.