Commentary on provisions of Act Combined and local authorities: governance, constitution and functions etc Section 17: Section 16: procedure etc.
Section 17 specifies the procedure to be followed for the Secretary of State to make regulations under section 16. Regulations can only be made if the local authority by whom the function is exercisable under the proposed regulations consents and the Secretary of State considers that making the regulations is likely to improve the exercise of statutory functions in the local authority's area. In respect of health functions, revocation by the Secretary of State of a transfer of such functions may be made without local authority consent. Subsections (5), (6) and (7) provide that the regulations may only be made following approval from each House of Parliament. Subsections (4) and (5) provide that when laying the regulations before Parliament the Secretary of State must lay a report before both Houses of Parliament explaining what the regulations do and why he proposes to make the regulations, to include details of any consultation taken into account by the Secretary of State as well as any representations considered in connection with the regulations and any other evidence or contextual information that the Secretary of State considers it appropriate to include.