OpenLegislation

Section 58 Prohibition of secondary legislation removing functionsI1I2

England and Wales

(1)

A Minister of the Crown must not exercise any power to make secondary legislation (whenever conferred) so as to cause a function to cease to be exercisable by—

(a)

strategic authorities generally, or

(b)

a category of strategic authorities.

(2)

This section does not apply to a function conferred by regulations under Part 6 of Schedule 27.

(3)

This section does not limit the making of—

(a)

permitted provision, or

(b)

provision that is—

(i)

in consequence of, or

(ii)

otherwise in connection with,

permitted provision (whether the permitted provision is made in secondary legislation or an Act of Parliament).

(4)

In this section “permitted provision” means provision—

(a)

modifying a function;

(b)

abolishing a function;

(c)

repealing or revoking provision conferring a function in consequence of, or otherwise in connection with, other legislation conferring the function (with or without modifications).

Annotations

Commencement

I1

S. 58 in force at Royal Assent for specified purposes, see s. 108(1)

I2

S. 58 in force at 29.6.2026 in so far as not already in force, see s. 108(5)