Part 1E+WStructural and boundary change in England

Chapter 1E+WStructural and boundary change

Modifications etc. (not altering text)

Implementation of changesE+W

15Incidental etc provision in orders or regulationsE+W

(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);

[F2(fa)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).

[F3(1A)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;

  • “modify” includes amend.

[F4(3A)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.]

Textual Amendments

Commencement Information

I1S. 15 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)