Local Government and Public Involvement in Health Act 2007

17 Residuary bodies E+W

(1) The Secretary of State may by order establish one or more bodies corporate (“residuary bodies”) for the purpose of taking over any property, rights or liabilities, and any related functions, of local authorities which cease to exist by virtue of orders under section 7 or 10.

(2) An order under subsection (1) may—

(a) make provision with respect to the constitution and membership of a residuary body;

(b) make provision with respect to the powers of a residuary body to make levies and to borrow and lend money and the treatment and distribution of capital and other money by such a body;

(c) make provision with respect to the keeping and auditing of accounts of a residuary body;

(d) make provision with respect to directions which may be given by the Secretary of State in relation to the carrying out by a residuary body of any of its functions;

(e) make provision enabling the Secretary of State to require a residuary body to submit to him a scheme for the winding up of the body and the disposal of its property, rights and liabilities and related functions.

(3) The Secretary of State may by order provide—

(a) for the transfer to any other body or bodies (including any body or bodies corporate established under the order for the purpose) of any property, rights or liabilities, and any related functions, of a residuary body; and

(b) for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (2)(e) and for the dissolution of a residuary body.

(4) An order under this section may include incidental, consequential, transitional or supplementary provision, including in particular provision of a kind mentioned in paragraphs (c) to (f) of section 15(1).

(5) Section 15(2) and (3) (power to apply etc enactments) apply to an order under this section as to an order under section 7.

Commencement Information

I1 S. 17 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)