Part 2Local democracy and devolution

Chapter 1Combined county authorities

Functions of CCAs

I119Other public authority functions

1

The Secretary of State may by regulations—

a

make provision for a function of a public authority that is exercisable in relation to a CCA’s area to be a function of the CCA;

b

make provision for conferring on a CCA in relation to its area a function corresponding to a function that a public authority has in relation to another area.

2

Regulations under subsection (1) may include further provision about the exercise of the function including—

a

provision for the function to be exercisable by the public authority or CCA subject to conditions or limitations specified in the regulations;

b

provision as to joint working arrangements between the CCA and public authority in connection with the function (for example, provision for the function to be exercised by a joint committee).

3

The provision that may be included in regulations under subsection (1)(a) includes, in particular, provision—

a

for the CCA to have the function instead of the public authority,

b

for the function to be exercisable by the CCA concurrently with the public authority,

c

for the function to be exercisable by the CCA and the public authority jointly, or

d

for the function to be exercisable by the CCA jointly with the public authority but also continue to be exercisable by the public authority alone.

4

Regulations under subsection (1)(a) may, in particular, include provision to abolish the public authority in a case where, as a result of the regulations, it will no longer have any functions.

5

Regulations under subsection (1) may not provide for a regulatory function that is exercisable by a public authority in relation to the whole of England to be exercisable by a CCA in relation to its area if the regulated function is itself exercisable by the CCA by virtue of regulations under this section.

6

Subsection (7) applies where regulations under subsection (1) contain a reference to a document specified or described in the regulations (for example, in imposing a condition by virtue of subsection (2)(a) for an authority to have regard to, or to comply with, a statement of policy or standards set out in the document).

7

If it appears to the Secretary of State necessary or expedient for the reference to the document to be construed—

a

as a reference to that document as amended from time to time, or

b

as including a reference to a subsequent document that replaces that document,

the regulations may make express provision to that effect.

8

See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.

9

In this section—

  • “function” (except in subsection (4)) does not include a power to make regulations or other instruments of a legislative character;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

  • “public authority”—

    1. a

      includes a Minister of the Crown or a government department;

    2. b

      does not include a county council or a district council;

  • “regulated function” means the function of carrying out an activity to which a regulatory function relates;

  • “regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006.