Local Democracy, Economic Development and Construction Act 2009

123 Partner authorities E+W

(1) For the purposes of this Part, each of the following is a partner authority for an area—

(a) any person mentioned in subsection (2), where the whole or any part of the area for which the person acts or is established coincides with or falls within that area,

(b) a person mentioned in subsection (3), where the person provides services at or from a hospital or other establishment or facility in that area,

(c) any person mentioned in subsection (4), and

(d) where the area includes the area of a London borough council or the Common Council of the City of London, Transport for London.

(2) The persons referred to in subsection (1)(a) are—

(a) a fire and rescue authority which is not a local authority;

(b) a National Park authority;

(c) the Broads Authority;

(d) a police authority;

(e) a chief officer of police;

(f) a joint waste authority established under section 207(1) of the Local Government and Public Involvement in Health Act 2007 (c. 28);

(g) a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);

(h) an Integrated Transport Authority;

(i) a Primary Care Trust;

(j) a development agency established by section 1 of the Regional Development Agencies Act 1998 (c. 45);

(k) a local probation board or a probation trust;

(l) a youth offending team.

(3) The persons referred to in subsection (1)(b) are—

(a) a National Health Service trust;

(b) an NHS foundation trust.

(4) The persons referred to in subsection (1)(c) are—

(a) the Arts Council of England;

(b) the English Sports Council;

(c) the Environment Agency;

(d) the Health and Safety Executive;

(e) the Historic Buildings and Monuments Commission;

(f) the Homes and Communities Agency;

(g) the Learning and Skills Council for England;

(h) the Museums, Libraries and Archives Council;

(i) Natural England;

(j) the Secretary of State in so far as the Secretary of State has functions—

(i) under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees),

(ii) as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66),

(iii) as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27), or

(iv) under sections 2 and 3 of the Offender Management Act 2007 (c. 21) (responsibility for ensuring the provision of probation services throughout England and Wales).

(5) The Secretary of State may by order—

(a) amend subsection (2), (3) or (4) so as to—

(i) add to it any person who has functions of a public nature, or

(ii) remove from it any person for the time being mentioned in it;

(b) amend subsection (4)(j) so as to—

(i) add to it any function of the Secretary of State, or

(ii) remove from it any function for the time being mentioned in it;

(c) make such other amendments of this section as appear to the Secretary of State to be necessary or expedient in consequence of provision made by paragraph (a) or (b).

(6) Before making an order under subsection (5) the Secretary of State must consult—

(a) such representatives of local government as the Secretary of State considers appropriate, and

(b) such other persons (if any) as the Secretary of State considers appropriate.

(7) An order under subsection (5) must be made by statutory instrument.

(8) A statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

(9) For the purposes of subsection (2)(e), a chief officer of police acts and is established for the area of the chief officer's police force.

(10) The Secretary of State's functions under this Part by virtue of subsection (4)(j)(iv) are functions to which section 2(1)(c) of the Offender Management Act 2007 (functions to be performed through arrangements under section 3 of that Act) applies.

Commencement Information

I1 S. 123 in force at 12.1.2010, see s. 148(7)