Local Government Act 1992

21 Joint authorities

(1) This section applies to any functions which are to be or have become functions of any authority as a result of any structural or boundary change if the Secretary of State considers, having regard to any recommendations to that effect made by the Local Government Commission by virtue of section 14(5)(c) above, that they should be carried out in accordance with joint arrangements.

(2) Where it appears to the Secretary of State that joint arrangements, or satisfactory joint arrangements, with respect to any functions to which this section applies—

(a) have not been made by the authorities in whom those functions are to be or have been vested;

(b) will not be in force when the structural or boundary change in question comes into force; or

(c) have ceased or will cease to be in operation,

he may, for the areas of those authorities, by order establish a joint authority, which may be a body corporate, to carry out those functions, from a date specified in the order until such joint arrangements as appear to him to be satisfactory are brought into force.

(3) An order under this section may make provision for enabling the Secretary of State to require the joint authority to submit to him a scheme for the winding up of the joint authority and for the transfer—

(a) to any of the authorities for whose areas the joint authority is established; or

(b) to any body established in pursuance of any joint arrangements made by or in relation to those authorities,

of any of the joint authority’s property, rights and liabilities or of any functions which it carries out.

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

(a) for excluding any functions, or any functions in any area, from those falling to be carried out by a joint authority; and

(b) for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (3) above and for the dissolution of a joint authority.

(5) The power to make an order under any of the preceding provisions of this section shall include power to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient, including provision for the transfer of property, rights and liabilities.