Combined and local authorities: governance, constitution and functions etc

I117Section 16: procedure etc

1

The Secretary of State may make regulations under section 16 only if—

a

the relevant local authority by whom a function becomes exercisable by virtue of the regulations consents, F2...

b

the Secretary of State considers that the making of the regulations is likely to improve F5the economic, social and environmental well-being of some or all of the people who live or work in the relevant local authority's area F3, and

c

where subsection (4A) applies to the regulations, the Secretary of State has had regard to the matters in subsection (4B).

2

The power to make regulations under section 16—

a

is exercisable by statutory instrument;

b

includes power to make incidental, supplementary, consequential, transitional, transitory or saving provision;

c

may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an Act whenever passed or made.

3

The requirement in subsection (1)(a) for the relevant local authority to consent to the making of regulations under section 16 does not apply where—

a

the regulations revoke (in whole or in part), or otherwise amend, previous regulations under that section, and

b

the only purpose of the regulations is to provide for a health service function of the relevant local authority to cease to be exercisable by the authority (which may include provision under subsection (2)(b) in relation to that purpose).

4

In subsection (3)(b), “health service function of a relevant local authority” means a function which—

a

relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and

b

is exercisable by the authority by virtue of regulations under section 16.

F14A

This subsection applies to regulations under section 16 that—

a

revoke or otherwise amend previous regulations under that section, and

b

are made in response to a notification from a local authority under section 9NC(3) or 9ND(4) of the Local Government Act 2000 (transfer of functions: changes in governance arrangements) of a proposed change in governance arrangements.

4B

The matters mentioned in subsection (1)(c) are—

a

the circumstances of the area of the local authority, and

b

the likely impact of the change in governance arrangements on—

i

the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority, and

ii

the accountability and decision-making of the local authority.

F44C

The requirement in subsection (1)(b) does not apply to the making of regulations under section 16 where subsection (4A) applies to those regulations.

5

A statutory instrument containing regulations under section 16 may be made only if a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

6

At the same time as laying a draft of a statutory instrument containing regulations under section 16 before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.

7

The report must include—

a

a description of any consultation taken into account by the Secretary of State,

b

information about any representations considered by the Secretary of State in connection with the regulations, and

c

any other evidence or contextual information that the Secretary of State considers it appropriate to include.

8

If a draft of regulations under section 16 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.