Local Government and Public Involvement in Health Act 2007

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 [F1 local policing body] for any area to another local authority or [F1 local policing body] 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);

[F2 (fa) as to who is to be a police and crime commissioner;]

(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).

[F3 (1A) Provision falling within subsection (1)(fa) includes, in particular—

(a) provision for the police and crime commissioner for a police area affected by an order by virtue of provision made under section 11(4)(g) to become the police and crime commissioner for a police area resulting from the order;

(b) provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.]

(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.

[F4 (3A) Without prejudice to subsection (2), an order under section 7 or 10 which includes provision within subsection (1A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.]

Textual Amendments

F1 Words in s. 15(1)(a) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 14(2)(a); S.I. 2012/1129, art. 2(g)

F2 S. 15(1)(fa) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 14(2)(b); S.I. 2012/1129, art. 2(g)

F3 S. 15(1A) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 14(3); S.I. 2012/1129, art. 2(g)

F4 S. 15(3A) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 14(4); S.I. 2012/1129, art. 2(g)

Modifications etc. (not altering text)

C1 S. 15 applied (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 15(10), 25(2)

C2 S. 15 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 15(2)

C3 S. 15(1)(a) modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 15(2)

Commencement Information

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