Part 1General functions of local authority: England
Miscellaneous
I1C115Powers of Secretary of State to secure proper performance etc.
F21
Section 496 of the 1996 Act (powers of Secretary of State to prevent unreasonable exercise of functions) applies in relation to the powers conferred or duties imposed on an English local authority by or under this Part as it applies in relation to the powers conferred or duties imposed on a local authority in England by or under the 1996 Act.
2
Section 497 of the 1996 Act (general default powers) applies in relation to the duties imposed on an English local authority by or for the purposes of this Part as it applies in relation to the duties imposed on a F3local authority in England by or for the purposes of the 1996 Act.
F13
Section 497A of the 1996 Act (power to secure proper performance of a local authority’s education functions) applies in relation to an English local authority’s functions under this Part as it applies in relation to the education functions of a local authority in England.
3A
In subsection (3) “education functions” has the meaning given by section 579(1) of the 1996 Act.
4
Sections 497AA and 497B of the 1996 Act apply accordingly where powers under section 497A of that Act are exercised in relation to any of the functions of an English local authority under this Part.
F45
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6
In subsection (5) of section 497A of the 1996 Act, the reference to functions to which that section applies includes (for all purposes) functions of an English local authority under this Part.
F56A
If any functions of an English local authority under this Part are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009—
a
a reference in any of subsections (3) to (6) to an English local authority includes a reference to the combined authority, and
b
a reference in those subsections to functions under this Part is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority.
F66B
If any functions of an English local authority under this Part are exercisable by a combined county authority by virtue of section 18 of the Levelling-up and Regeneration Act 2023—
a
a reference in any of subsections (3) to (6) to an English local authority includes a reference to the combined county authority, and
b
a reference in those subsections to functions under this Part is, in relation to the combined county authority, to be read as a reference to those functions so far as exercisable by the combined county authority.
7
In this section, “the 1996 Act” means the Education Act 1996 (c. 56).