Cheshire (Boroughs of Halton and Warrington) (Structural Change) Order 1996
1996 No. 1863
LOCAL GOVERNMENT, ENGLAND AND WALES
The Cheshire (Boroughs of Halton and Warrington) (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 boroughs of Halton and Warrington in the county of Cheshire2together with its recommendations:
And whereas the Secretary of State has decided to give effect to those recommendations:
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.
PART I
GENERAL
Citation and commencement
1. This Order may be cited as the Cheshire (Boroughs of Halton and Warrington) (Structural Change) Order 1996 and shall come into force for the purposes of articles 2(2), 5(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.
Interpretation
2.—(1) In this Order—
“the Act” means the Local Government Act 1992;
“the 1972 Act” means the Local Government Act 19724;
“the 1990 Act” means the Town and Country Planning Act 19905;
“Cheshire” means the non-metropolitan county of Cheshire;
“the County Council” means the council of Cheshire;
“Halton”(except in references to the county of Halton) means the borough of Halton and “the Halton Council” means the council of that borough;
“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 19786; and
“Warrington”(except in references to the county of Warrington) means the borough of Warrington and “the Warrington 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.
PART II
LOCAL GOVERNMENT REORGANISATION IN HALTON AND WARRINGTON
Structural change
3. Subject to the following provisions of this Part and to any other relevant provision, the functions of the County Council in relation to Halton and Warrington (other than functions under Chapter II of Part II of the 1990 Act) shall be transferred to the Halton Council and the Warrington Council respectively.
Planning functions
4.—(1) The Halton Council and the Warrington Council shall each be treated as an authority to whose area Chapter I of Part II of the 1990 Act (“Chapter I”) (unitary development plans) applies, instead of Chapter II of that Part (structure and local plans).
(2) For the purposes of paragraph (1) above, Halton or, as the case may be, Warrington shall be treated as if it were the area of a local planning authority in a metropolitan county and references in Chapter I to the local planning authority shall be construed accordingly.
(3) The 1990 Act shall have effect in relation to Halton and Warrington as if—
(a)
(a) in section 27 (meaning of “development plan” in Greater London and metropolitan counties), for the words “any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority)” there were substituted the words “the district of Halton (whether the whole or part of the area of that district)” or, as the case may be, “the district of Warrington (whether the whole or part of the area of that district)”; and
(b)
(b) section 28 (commencement of Chapter I: transitional provisions) did not apply.
(4) Until a unitary development plan becomes operative for the area of Halton or the area of Warrington (or where parts of such a plan become operative on different dates until every part of such a plan has become operative)—
(a)
(a) Part I of Schedule 2 to the 1990 Act (which provides for existing development plans to continue in force) shall apply to that area; and
(b)
(b) Part III of that Schedule shall apply to it for the purposes of making continuing provision for the transitional matters for which provision was made immediately before the commencement of the 1990 Act by Schedule 7 to the Town and County Planning Act 1971 (old development plans, etc)7;
and Part I of Schedule 2 shall have effect in relation to Halton or, as the case may be, Warrington as if the reference in paragraph 1(1) to the commencement of the 1990 Act were a reference to the coming into force of this article.
Fire services
5.—(1) In this article—
“the 1947 Act” means the Fire Services Act 19478; and
“the relevant area” means the area comprising Cheshire (as constituted on and after the reorganisation date), Halton and Warrington.
(2) Halton and Warrington shall, subect 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 Cheshire”; 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 Cheshire”.
(4) Section 10 of the 1947 Act shall have effect, in...
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