Part 1Structural and boundary change in England
C1Chapter 1Structural and boundary change
Implementation of changes
I115Incidental etc provision in orders or regulations
1
In sections 13 and 14 references to incidental, consequential, transitional or supplementary provision include, in particular, provision—
a
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);
F2fa
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).
F31A
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;
- a
“modify” includes amend.
F43A
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.
Pt. 1 Ch. 1: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(1), 148(3)(b) (with s. 63(3)); S.I. 2009/3318, art. 4(i)