Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996
| Year | 1996 |
1996 No. 1875
LOCAL GOVERNMENT, ENGLAND AND WALES
The Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) 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 Essex together with its recommendations and a report on its review of Basildon and Thurrock in the county of Essex together with its recommendations:
And whereas the Secretary of State has decided to give effect, with modifications, to the recommendations in respect of the boroughs of Colchester, Southend-on-Sea and Thurrock2and the district of Tendring:
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 Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996 and shall come into force for the purposes of articles 2(2), 4(1), (3) and (4), 7 to 9 and 11 on the day after the day on which it is made, for the purposes of article 10 on 1st April 1997 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 1972;4
“the 1990 Act” means the Town and Country Planning Act 19905
“Essex” means the non-metropolitan county of Essex and “the County Council” means the council of that county;
“map” means the map prepared by the Department of the Environment, marked “Map of the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996” and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994;6
“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;
“Southend” means the borough of Southend-on-Sea and “the Southend Council” means the council of that borough;
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978;7
“Thurrock” means the borough of Thurrock and “the Thurrock Council” means the council of that borough; and
“the transferee authorities” means the councils of Southend and Thurrock.
(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 SOUTHEND AND THURROCK
Structural change
3. The functions of the County Council in relation to Southend and Thurrock (other than functions under Chapter II of Part II of the 1990 Act in respect of Thurrock) shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the transferee authorities.
Fire services
4.—(1) In this article —
“the 1947 Act” means the Fire Services Act 1947;8and
“the relevant area” means the area comprising Essex (as constituted on and after the reorganisation date) and the areas of the transferee authorities.
(2) The area of each transferee authority 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 Essex”; 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 Essex”.
(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) Any structure plan applying immediately before the reorganisation date to Essex, excluding the area of Thurrock, and any proposals prepared before that date for the alteration or replacement of such a plan shall be treated as if they had been prepared jointly by the County Council and the Southend Council; and section 50 of the 1990 Act9shall apply accordingly.
(2) In relation to the Southend Council —
(a)
(a) section 36(5) of the 1990 Act10(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 local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
(c)
(c) subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
“or
(c)
(c) include their waste policies in their local plan.”.
(3) Thurrock Council shall be treated as an authority to whose area Chapter I of Part II of the 1990 Act (“Chapter I”) (unitary plans) applies, instead of Chapter II of that Part (structure and local plans).
(4) For the purposes of paragraph (3) above, Thurrock 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.
(5) The 1990 Act shall have effect in relation to Thurrock 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 of part of the area of a local planning authority)” there were substituted the words “the district of Thurrock (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.
(6) Until a unitary development plan becomes operative for the area of Thurrock (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 Country Planning Act 1971 (old development plans, etc);11
and Part I of Schedule 2 shall have effect in relation to Thurrock 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.
Constitution of new counties of Southend-on-Sea and Thurrock
6.—(1) Southend and Thurrock shall cease to form part of Essex.
(2) A new county shall be constituted comprising the area of Southend and shall be named the county of Southend-on-Sea.
(3) A new county shall be constituted comprising the area of Thurrock and shall be named the county of Thurrock.
(4) Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of Southend-on-Sea and Thurrock.
PART III
TRANSITIONAL PROVISION
Election of councillors in Southend in 1997 and subsequent years
7. The Borough of Southend-on-Sea (Electoral Arrangements) Order 197512shall be amended by the substitution of the following article for article 9 —
“9.—(1) Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997.
(2) The councillors holding office for any ward in the borough immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
(3) Of the councillors elected in 1997 for any ward of the borough —
(a)
(a) one-third shall retire in 1999 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes,
(b)
(b) one-third shall retire in 2000 being, subject as aforesaid, the councillor elected by the next smallest number of votes,
(c)
(c) the remaining councillor shall retire in 2001.
(4) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
(5) If an election of councillors for any ward is...
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