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Section 216 Transfers of property, rights and liabilitiesC1C2C3C4C5

England and Wales

(1)

The Mayor may at any time make a scheme (a “transfer scheme”) transferring to a permitted recipient, upon such terms as the Mayor considers appropriate, any property, rights or liabilities which are for the time being vested in an MDC.

(2)

F1A transfer scheme may provide for a transfer to a person only if the person consents; but this does not apply to a transfer to any of the following—

(a)

the Greater London Authority;

(b)

a functional body other than the MDC concerned;

(c)

a company that is a subsidiary of the Greater London Authority;

(d)

a combined authority;

(e)

a company that is a subsidiary of a combined authority;

(f)

a CCA;

(g)

a company that is a subsidiary of a CCA.

(3)

The Mayor must publish a transfer scheme as soon after it is made as is reasonably practicable.

(4)

In this section—

  • “company” means—

    1. a company within the meaning given by section 1(1) of the Companies Act 2006, or

    2. F2a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969;

  • “functional body” has the meaning given by section 424(1) of the Greater London Authority Act 1999;

  • “permitted recipient” F3, in relation to an MDC for an area in Greater London, means—

    1. the Greater London Authority,

    2. a functional body other than the MDC concerned,

    3. a company that is a subsidiary of the Greater London Authority,

    4. a London borough council,

    5. the Common Council of the City of London, or

    6. any other person;

    F4in relation to an MDC for an area in the area of a combined authority, means—

    1. the combined authority,

    2. a company that is a subsidiary of the combined authority, or

    3. any other person;

    in relation to an MDC for an area in the area of a CCA, means—

    1. the CCA,

    2. a company that is a subsidiary of the CCA,

    3. any district council whose local authority area is within the area of the CCA or

    4. any other person;

  • “subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

Annotations

Textual amendments

F1

S. 216(2) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 20 para. 11(2) (with s. 102)

F2

Words in s. 216(4) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 179 (with Sch. 5)

F3

Words in s. 216(4) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 20 para. 11(3)(a) (with s. 102)

F4

Words in s. 216(4) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 20 para. 11(3)(b) (with s. 102)

Modifications

C1

Pt. 8 Ch. 2 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 11(1)(2), Sch. 3

C2

S. 216: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 10

C3

Pt. 8 Ch. 2 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 40(1), Sch. 6 (with art. 9)

C4

Ss. 214-217: functions made exercisable (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)

C5

Pt. 8 Ch. 2 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 40(2), Sch. 6 (with art. 9)