Combined and local authorities: governance, constitution and functions etc
17Section 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, and
b
the Secretary of State considers that the making of the regulations is likely to improve the exercise of statutory functions in the relevant local authority’s area.
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.
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.