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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.

F1(2)

A 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)

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

    2. (b)

      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. (a)

      the Greater London Authority,

    2. (b)

      a functional body other than the MDC concerned,

    3. (c)

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

    4. (d)

      a London borough council,

    5. (e)

      the Common Council of the City of London, or

    6. (f)

      any other person;

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

    1. (a)

      the combined authority,

    2. (b)

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

    3. (c)

      any other person;

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

    1. (a)

      the CCA,

    2. (b)

      a company that is a subsidiary of the CCA,

    3. (c)

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

    4. (d)

      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)

Notes on Part 8

Textual amendments

F1

Words in Pt. 8 heading inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 20 para. 2 (with s. 102)

Modifications

C1

Pt. 8 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/612), arts. 1(3), 4(1)(2), Sch.

C2

Pt. 8 applied (with modifications) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 11(1)(2), Sch. 4

Notes on Chapter 2

Modifications

C1

Pt. 8 Ch. 2 applied (with modifications) (3.3.2017) by The Tees Valley Combined Authority (Functions) Order 2017 (S.I. 2017/250), arts. 1(2), 4(1)(2), Sch. (with arts. 3, 4(3))

C2

Pt. 8 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/612), arts. 1(3), 4(1)(2), Sch.

C3

Pt. 8 applied (with modifications) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 11(1)(2), Sch. 4

C4

Pt. 8 Ch. 2 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 13(1)(2), Sch. 4

C5

Pt. 8 Ch. 2 applied (with modifications) (8.5.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(4), 14(1), Sch. 3

C6

Pt. 8 Ch. 2 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 16, Sch. 4 (with art. 28)

C7

Pt. 8 Ch. 2 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 12, Sch. 3

C8

Pt. 8 Ch. 2 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 15, Sch. 3

C10

Pt. 8 Ch. 2: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

C11

Pt. 8 Ch. 2 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 12(1)(2), Sch. 3

C14

Pt. 8 Ch. 2 applied (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 19(2)(3), Sch. 4 para. 2

C15

Pt. 8 Ch. 2 applied (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 11(1)(2), Sch. 3