Moved by
Baroness Williams of Trafford
71: After Clause 10, insert the following new Clause—
“Power to transfer etc. public authority functions to certain local authorities
(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 relevant local authority’s area to be a function of the local authority;
(b) make provision for conferring on a relevant local authority 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 relevant local authority subject to conditions or limitations specified in the regulations;
(b) provision as to joint working arrangements between the relevant local authority 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 relevant local authority to have the function instead of the public authority,
(b) for the function to be exercisable by the relevant local authority concurrently with the public authority,
(c) for the function to be exercisable by the relevant local authority and the public authority jointly, or
(d) for the function to be exercisable by the relevant local authority 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—
(a) provision for the making of a scheme to transfer property, rights and liabilities from the public authority to the relevant local authority (including provision corresponding to any provision made by section 17(4) to (7) of the Localism Act 2011);
(b) provision to abolish the public authority in a case where, as a result of the regulations, it will no longer have any functions.
(5) In this section—
“function” (except in subsection (4)(b)) 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” includes a Minister of the Crown or a government department;
“relevant local authority” means a county council in England or a district council.”
72: After Clause 10, insert the following new Clause—
“Section (Power to transfer etc. public authority functions to certain local authorities): procedure etc.
(1) The Secretary of State may make regulations under section (Power to transfer etc. public authority functions to certain local authorities) only if—
(a) the relevant local authority consents, and
(b) the Secretary of State considers that the making of the regulations is likely to improve the exercise of statutory functions in the local authority’s area.
(2) The power to make regulations under section (Power to transfer etc. public authority functions to certain local authorities)—
(a) is exercisable by statutory instrument;
(b) includes power to make 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) A statutory instrument containing regulations under section (Power to transfer etc. public authority functions to certain local authorities) 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.
(4) At the same time as laying a draft of a statutory instrument containing regulations under section (Power to transfer etc. public authority functions to certain local authorities) 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.
(5) 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.
(6) If a draft of regulations under section (Power to transfer etc. public authority functions to certain local authorities) 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.”