Chapter 11: Devolved GovernmentPart 3Functions and powers of County governments

Article 187. Transfer of functions and powers between levels of government

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Official Constitutional Text

(1) A function or power of government at one level may be transferred to a government at the other level by agreement between the governments if—

(a) the function or power would be more effectively performed or exercised by the receiving government; and

(b) the transfer of the function or power is not prohibited by the legislation under which it is to be performed or exercised.

(2) If a function or power is transferred from a government at one level to a government at the other level—

(a) arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred; and

(b) constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the Fourth Schedule.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

A simplified explanation is being prepared for this article.