Part 1Structural and boundary change in England

C1Chapter 1Structural and boundary change

Annotations:
Modifications etc. (not altering text)

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

for the transfer of functions, property, rights or liabilities from a local authority or F1local policing body for any area to another local authority or F1local policing body whose area consists of or includes the whole or part of that area;

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—

    1. a

      any enactment contained in this Act (other than a provision of this Part) or in an Act passed after this Act;

    2. 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);

    3. c

      any charter, whenever granted;

  • “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.