OpenLegislation

Paragraph 4 C1C2

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Where the F1 national authority has made an order by virtue of paragraph 3 above—

(a)

so far as appears to F2the national authority necessary in order to make the order effective, F3the national authority , or (except where the power is a power of F4the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act) any other local authority with whom the national authority may make arrangements for the purpose, shall have power to do anything which F5. . . the authorised authority would have had power to do if the order had been made by them, and

(b)

the national authority may recover from the F6. . . authorised authority any expenses incurred by the national authority by virtue of sub-paragraph (a) above (such expenses, in England or Wales, to be so recoverable by the national authority summarily as a civil debt).

Annotations

Textual amendments

F1

Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(a)

F2

Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(b)

F3

Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(c)

F4

Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(b)

F5

Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), 102(2)(3), Sch. 5 para. 4(39)(b), Sch. 17

F6

Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), 102(2)(3), Sch. 5 para. 4(39)(b) Sch. 17

Modifications

C1

Sch. 9 para. 4: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C2

Sch. 9 para. 4 applied (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 10(2)

Notes on Schedule 9

Modifications

C1

Sch. 9: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with art. 6)

C2

Sch. 9 applied (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 17(3)

Notes on Part I

Textual amendments

F1

Words in Sch. 9 Pt. I substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(2)

Modifications

C1

Sch. 9 Pt. I (paras. 1–12) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))

C2

Sch. 9 Pt. I applied (E.W.) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 17(3)