Textual Amendments
F1Pt. 2 heading substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 11(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Modifications etc. (not altering text)
C1Pt. 2 amended (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 150(2); modified (E.W.) by Local Government Act 1972 (c. 70), s. 202(3), Sch. 24 Pt. II and Transport Act 1983 (c. 10, SIF 126), s. 10(1)(a)(c)
C2Power to modify Pt. 2 conferred (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 150(3)
C3Pt.2 amended (S.) (4.1.1996) by 1994 c. 39, s. 40(1) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2
C4Pt. 2: functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)
Textual Amendments
F2Words in s. 9 cross-heading inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 11(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
(1)The Secretary of State may by order make provision preventing the Executive from doing under section 10A(1) anything which is specified, or is of a description specified, in the order.
(2)The Secretary of State may by order provide for the exercise by the Executive of power conferred by section 10A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.
(3)The power under subsection (1) or (2) may be exercised in relation to—
(a)all Executives,
(b)particular Executives, or
(c)particular descriptions of Executives.
(4)Before making an order under subsection (1) or (2) the Secretary of State must consult—
(a)such representatives of Executives,
(b)such representatives of local government, and
(c)such other persons (if any),
as the Secretary of State considers appropriate.
(5)Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—
(a)so as to extend the earlier order, or any provision of the earlier order, to a particular Executive or to Executives of a particular description, or
(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular Executive or to Executives of a particular description.
(6)Power to make an order under this section includes—
(a)power to make different provision for different cases, circumstances or areas, and
(b)power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
(7)A statutory instrument containing an order to which subsection (8) applies (whether alone or with other provisions) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(8)This subsection applies to—
(a)an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);
(b)an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.
(9)A statutory instrument that—
(a)contains an order made under this section, and
(b)is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
is subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F3Ss. 10A-10C inserted (E.W.) (18.2.2012) by Localism Act 2011 (c. 20), ss. 12(1), 240(2); S.I. 2012/411, art. 2(e)