Part IVGeneral
Default powers
116 Default powers of F3Secretary of StateF3appropriate national authority.
1
If the F1Secretary of StateF1appropriate national authority is satisfied that a local authority or joint board have failed to discharge their functions under this Act in a case in which they ought to have discharged them, F4heF4it may make an order declaring them to be in default and directing them for the purpose of removing the default to discharge such of their functions, in such manner and within such time or times, as may be specified in the order.
2
If a local authority or joint board with respect to whom an order has been made under subsection (1) above fail to comply with a requirement of the order within the time limited by the order for compliance with that requirement, the F2Secretary of StateF2appropriate national authority, in lieu of enforcing the order by mandamus or otherwise, may F5make an order tranferring to himself such of the functions of the body in default as may be specified in his order.F5make a transfer order in respect of the body in default.
F63
The Secretary of State must consult the regulator before making an order under subsection (1) or (2).
4
The Secretary of State may also make a transfer order in respect of a local authority if—
a
under section 58Z7(2) the regulator recommends that the Secretary of State make a transfer order in respect of the authority, and
b
the Secretary of State is satisfied that the way in which the authority exercises its functions under this Act—
i
falls short of the standards expected, and
ii
puts, or may put, the safety of persons in or about buildings at risk,
and is likely to continue to do so.
5
The Welsh Ministers may also make a transfer order in respect of a local authority if the Welsh Ministers are satisfied that the way in which the authority exercises its functions under this Act—
a
falls short of the standards expected, and
b
puts, or may put, the safety of persons in or about buildings at risk,
and is likely to continue to do so.
6
A “transfer order”, in respect of a local authority or joint board, is an order transferring to the appropriate national authority, or to another local authority, such functions of the authority or board as may be specified in the order.