Commentary on provisions of Act Combined and local authorities: governance, constitution and functions etc Section 16: Power to transfer etc. public authority functions to certain local authorities
Section 16 enables the Secretary of State to make regulations which make provision for a function of a public authority that is exercisable in relation to a local authority's area to be undertaken by the local authority; or confer on a local authority, in relation to its area, a function which corresponds to a function which a public authority has in relation to another area. Conditions or limitations can be specified together with any conferral of powers on local authorities. Subsection (3) enables the regulations to make provision for the local authority to have the function instead of the public authority, for the public function to be exercised concurrently with the public authority, for the public function to be exercised jointly by the local authority and public authority, or for the function to be exercised jointly by the combined authority and public authority but also continue to be exercised by the public authority alone. Subsection (4) provides that regulations may also make provision for the making of a scheme to transfer property, rights and liabilities, including criminal liabilities, from the public authority to the local authority, and abolishing the public authority if it will no longer have any functions. A regulatory function exercisable by a public body in relation to the whole of England cannot be conferred on a local authority which has power to undertake the regulated functions.