Commentary Part 1: Local Government Chapter 4: Transfer and delegation of functions to certain authorities Section 18: Duty to consider proposals for exercise of powers under sections 15 and 17
52.Section 18 places a duty on the Secretary of State to consider a proposal from a permitted authority for the transfer of local public functions and the transfer of property, rights or liabilities under sections 15 and 17 respectively. The Secretary of State is required to notify the permitted authority of what, if any, action he or she intends to take in relation to the proposal. Subsection (2) allows the Secretary of State to set out in regulations the criteria to which he or she should have regard in considering any relevant proposal. Before making such regulations the Secretary of State must consult such persons as he or she considers appropriate.