Commentary Part 1: Local Government Chapter 4: Transfer and delegation of functions to certain authorities Section 15: Power to transfer local public functions to permitted authorities
49.Section 15 allows the Secretary of State by order to transfer a local public function to a “permitted authority”. Subsections (2), (3) and (4) allow for such an order to modify enactments for the purpose of making the transfer. Under subsection (5) the Secretary of State can only make an order if he or she considers that it is likely to promote economic development or wealth creation or increase local accountability in relation to each local public function transferred. Also, the Secretary of State can only make an order if he or she considers that the relevant local public function can be appropriately exercised by the permitted authority and the permitted authority has consented to the transfer. The Secretary of State must consult such persons as he or she considers appropriate before making an order.