Local Government and Public Involvement in Health Act 2007

Yn ddilys o 01/04/2008

207 Implementation of proposals by order E+W

(1) Where the Secretary of State receives a proposal under section 205 he may by order implement the proposal with or without modifications.

(2) An authority established by an order under subsection (1) is referred to in this Part as a “joint waste authority”.

(3) An order under subsection (1) may make provision enabling the Secretary of State to require the authority established by the order to submit to him a scheme for—

(a) the winding-up of the authority; and

(b) the transfer of its functions, property, staff, rights and liabilities to appropriate local authorities.

(4) The Secretary of State may by order provide for giving effect (with or without modification) to any scheme submitted to him under a provision made by virtue of subsection (3) and for the dissolution of the authority.

(5) The Secretary of State may exercise his powers under subsection (4) only where—

(a) he receives a request to do so from all the appropriate local authorities; or

(b) he considers that it is necessary to do so.

(6) The Secretary of State may by order exclude any functions from those for which a joint waste authority was established.

(7) An order under this section may include incidental, consequential, transitional or supplementary provision.

(8) The provision that may be made by virtue of subsection (7) includes in particular provision—

(a) for the transfer of property, rights or liabilities;

(b) for legal proceedings commenced by or against any authority to be continued by or against an authority to whom property, rights or liabilities are transferred;

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

(d) for treating any authority to whom a transfer is made for any purposes as the same person in law as the authority from whom the transfer is made.

(9) The provision that may be made by virtue of subsection (7) includes provision amending, modifying, excluding or applying (with or without modifications) any enactment or any instrument made under any enactment.

(10) The power of the Secretary of State under subsection (1) to implement a proposal with modifications does not include power to—

(a) establish a joint waste authority for an area that is different from the area specified in the proposal; or

(b) establish a joint waste authority to discharge waste functions that are not specified in the proposal.

(11) In this section—

• “appropriate local authority”, in relation to a joint waste authority, means a local authority which would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has;

• “waste function” has the same meaning as in section 205.