Shropshire (District of The Wrekin) (Structural Change) Order 1996
| Year | 1996 |
1996 No. 1866
LOCAL GOVERNMENT, ENGLAND AND WALES
The Shropshire (District of The Wrekin) (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 district of The Wrekin in the county of Shropshire together with its recommendations:
And whereas the Secretary of State has decided to give effect, with modifications, to the recommendations in respect of the district of The Wrekin:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 172, 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 Shropshire (District of The Wrekin) (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.
Interpretation
2.—(1) In this Order—
“the Act” means the Local Government Act 1992;
“the 1972 Act” means the Local Government Act 19723;
“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;
“Shropshire” means the non-metropolitan county of Shropshire and “the County Council” means the council of that county;
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 19784; and
“The Wrekin” (except in references to the county of The Wrekin) means the district of The Wrekin and “The Wrekin Council” means the council of that district.
(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 THE WREKIN
Structural change
3. The functions of the County Council in relation to The Wrekin shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to The Wrekin Council.
Fire services
4.—(1) In this article—
“the 1947 Act” means the Fire Services Act 19475; and
“the relevant area” means the area comprising Shropshire (as constituted on and after the reorganisation date) and The Wrekin.
(2) The Wrekin shall, subject to any combination scheme under the 1947 Act, 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 Shropshire”; 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 Shropshire”.
(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,”.
Planning functions
5.—(1) The structure plan applying immediately before the reorganisation date to Shropshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if it had been prepared jointly by the County Council and The Wrekin Council; and section 50 of the Town and Country Planning Act 19906(“the 1990 Act”) shall apply accordingly.
(2) In relation to The Wrekin 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...
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