(1)If it appears to the Secretary of State in the case of Greater London or of any metropolitan county—
(a)that all or any of the councils by which functions to which this section applies will be exercisable in that area from the abolition date could with advantage make joint arrangements for the discharge of all or any of those functions from that date but have not made any or any satisfactory arrangements for that purpose before 15th November 1985; or
(b)that satisfactory arrangements for that purpose have ceased or will cease to be in operation at any time after the abolition date,
he shall by order establish for the whole or any part of that area a single authority to discharge from that date or, as the case may be, from any subsequent time all those functions or such of them as are specified in the order.
(2)For the purposes of subsection (1) above the Secretary of State shall have particular regard to the need for satisfactory arrangements in respect of hazardous waste.
(3)No person shall be a member of an authority established by an order under subsection (1) above unless he is a member of one of the councils for whose areas the authority is established; and any such order may make provision for enabling the Secretary of State to require the authority established by the order to submit to him a scheme for the winding up of the authority and the transfer to those councils of its functions, property, staff, rights and liabilities.
(4)This section applies to any functions conferred by section 74 or 76 of the M1Public Health Act 1936, [F1Part II of the Environmental Protection Act 1990], the M2Refuse Disposal (Amenity) Act 1978 or section 5 or 6 of the M3Litter Act 1983.
(5)The Secretary of State may by order dissolve any authority established under this section or provide for excluding any functions, or any functions in any area, from those for which the authority was established.
(6)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 enactment or any instrument made under any enactment.
(7)An order may be made by virtue of subsection (1)(a) above at any time before the abolition date.
Textual Amendments
F1Words in s. 10 substituted (in force at 1.5.1994 except for the purposes of specified activities and in force for those excepted purposes in accordance with art. 3 of S.I. 1994/1096) by Environmental Protection Act 1990 (c.43, SIF 46:4), s. 162(1), Sch. 15 para. 26; S.I. 1994/1096, arts. 2, 3 (as amended by S.Is. 1994/2487 and 1994/3234)
Marginal Citations