Devon (City of Plymouth and Borough of Torbay) (Structural Change) Order 1996

1996 No. 1865

LOCAL GOVERNMENT, ENGLAND AND WALES

The Devon (City of Plymouth and Borough of Torbay) (Structural Change) Order 1996

Made 18th July 1996

Whereas the Local Government Commission for England, acting pursuant to section 15(4) of the Local Government Act 19921, has submitted to the Secretary of State a report on its review of the county of Devon together with its recommendations:

And whereas the Secretary of State has decided to give effect, with modifications, to the recommendations in respect of the city of Plymouth and the borough of Torbay2:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 173, 18(3)(a) and 26 of the Local Government Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament:

1 GENERAL

PART I

GENERAL

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Devon (City of Plymouth and Borough of Torbay) (Structural Change) Order 1996 and shall come into force for the purposes of articles 2(2), 4(1), (3) and (4), 7 and 8 on the day after the day on which it is made and for all other purposes on 1st April 1998.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

“the Act” means the Local Government Act 1992;

the 1972 Act” means the Local Government Act 19724;

“Devon” means the non-metropolitan county of Devon and “the Devon Council” means the council of that county;

“Plymouth” (except in references to the county of Plymouth) means the city of Plymouth and “the Plymouth Council” means the council of that city;

“the relevant date” means 5th May 1997;

“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;

“the reorganisation date” means 1st April 1998;

“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 19785; and

“Torbay” (except in references to the county of Torbay) means the borough of Torbay and “the Torbay Council” means the council of that borough.

(2) The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.

2 LOCAL GOVERNMENT REORGANISATION IN PLYMOUTH AND TORBAY

PART II

LOCAL GOVERNMENT REORGANISATION IN PLYMOUTH AND TORBAY

S-3 Structural change

Structural change

3. Subject to the following provisions of this Part and to any other relevant provision, the functions of the Devon Council in relation to Plymouth and Torbay shall be transferred to the Plymouth Council and the Torbay Council respectively.

S-4 Fire services

Fire services

4.—(1) In this article—

the 1947 Act” means the Fire Services Act 19476; and

“the relevant area” means the area comprising Devon (as constituted on and after the reorganisation date), Plymouth and Torbay.

(2) Plymouth and Torbay shall, subject to any combination scheme under the 1947 Act, each become the area of a fire authority for the purposes of that Act.

(3) For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if—

(a)

(a) in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Devon”; and

(b)

(b) in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Devon”.

(4) Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.

S-5 Planning functions

Planning functions

5.—(1) The structure plan applying immediately before the reorganisation date to Devon, and any proposals prepared before that date for the alteration or replacement of that plan, shall be treated as if they had been prepared jointly by the Devon Council, the Plymouth Council and the Torbay Council; and section 50 of the Town and Country Planning Act 19907(“the 1990 Act”) shall apply accordingly.

(2) In relation to the Plymouth Council or the Torbay Council—

(a)

(a) section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;

(b)

(b) subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their...

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