Avon (Structural Change) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/493

1995No. 493

LOCAL GOVERNMENT, ENGLAND AND WALES

The Avon (Structural Change) Order 1995

28thFebruary1995

for the purposes of articles 3, 8 to 10, 12, 14(2) and (3), and 18 to 21 inclusivesfor the purposes of articles 3, 8 to 10, 12, 14(2) and (3), and 18 to 21 inclusives

1stMarch1995

for all other purposes

1stApril1996

Whereas the Local Government Commission for England, acting pursuant to section 15(4) of the Local Government Act 1992 ( a), has submitted to the Secretary of State a report on its review of the county of Avon together with its recommendations:

And whereas the Secretary of State has decided to give effect to the recommendations with modifications:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 17 ( b), 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 Avon (Structural Change) Order 1995 and shall come into force for the purposes of articles 3, 8 to 10, 12, 14(2) and (3), and 18 to 21 inclusive on the day after the day on which it is made and for all other purposes on 1st April 1996.

Interpretation

2. In this Order-

"the Act" means the Local Government Act 1992;

"the 1972 Act" means the Local Government Act 1972 ( c);

"the 1990 Act" means the Town and Country Planning Act 1990 ( d);

"Avon" means the non-metropolitan county of Avon and "the County Council" means the council of that county;

"Avon district" means a district in Avon and "Avon district council" means a council of such a district;

(a) 1992 c. 19.

(b) As amended by section 39(5) of the Police and Magistrates' Courts Act 1994 c. 29.

(c) 1972 c. 70, as amended.

(d) 1990 c. 8.

"existing", in relation to an area or an authority, means that area or authority as it exists on the date this Order is made;

"the preliminary period" means the period beginning with 8th May 1995 and ending immediately before the reorganisation date;

"the 1994 Regulations" means the Local Government Changes for England Regulations 1994 ( a);

"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 1996;

"subordinate legislation" has the same meaning as in section 21 of the Interpretation Act 1978 ( b)

"the transferee authorities" means Bath and North East Somerset District Council, the City of Bristol Council, North West Somerset District Council and South Gloucestershire District Council and

"the transferor authorities" means Avon County Council, Bath City Council, Kingswood Borough Council, Northavon District Council and Wansdyke District Council.

PART II

NEW AND CONTINUING DISTRICTS

Constitution of new districts of Bath and North East Somerset and South Gloucestershire

3.-(1) A new district of Bath and North East Somerset shall be constituted and shall comprise the areas of the existing Avon districts of Bath and Wansdyke.

(2) A new district of South Gloucestershire shall be constituted and shall comprise the areas of the existing Avon districts of Kingswood and Northavon.

(3) Subject to article 18, there shall be new non-metropolitan district councils for Bath and North East Somerset, and South Gloucestershire, which shall be the transferee authorities for those new district areas.

District of North West Somerset

4.-(1) The existing Avon district of Woodspring shall be renamed North West Somerset.

(2) The existing Woodspring District Council shall be renamed the North West Somerset District Council.

Existing local government areas

5.-(1) The existing county of Avon and the existing Avon districts of Bath, Wansdyke, Kingswood and Northavon shall be abolished.

(2) The County Council, Bath City Council, Kingswood Borough Council, Northavon District Council and Wansdyke District Council shall be wound up and dissolved.

PART III

NEW COUNTIES

Constitution of new counties

6.-(1) New counties of North West Somerset, Bath and North East Somerset, South Gloucestershire and the City of Bristol shall be constituted and shall comprise the district areas of North West Somerset, Bath and North East Somerset, South Gloucestershire and the City of Bristol respectively.

(a) S.I. 1994/867.

(b) 1978 c. 30.

(2) 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 North West Somerset, Bath and North East Somerset, South Gloucestershire and the City of Bristol.

The Shrievalty

7.-(1) The office of the High Sheriff of Avon shall cease to exist.

(2) The person holding that office immediately before the reorganisation date shall become the first High Sheriff of the county of the City of Bristol.

PART IV

ELECTORAL ARRANGEMENTS

Elections for the City of Bristol

8. For article 9 of the City of Bristol (Electoral Arrangements) Order 1980 ( a) there shall be substituted:

"9.-(1) The whole number of councillors shall be elected at the ordinary elections of councillors in 1995.

(2) The councillors holding office for any ward of the city immediately before 8th May 1995 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.

(3) The order of retirement of the councillors elected in 1995 shall be as set out in the Table in Schedule 2 to this Order, except that in the first column, "1997" shall be substituted for "1984", in the second column, "1998" shall be substituted for "1986" and in the third column "1999" shall be substituted for "1987".

(4) Of the councillors elected in 1995 for any ward of the city, the first to retire in that ward shall be, subject to paragraphs (5) and (6) below, the councillor elected by the smaller number of votes.

(5) 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.

(6) If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.

(7) Where under this Article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

(8) The term of office of councillors elected in 1997 shall be three years.

(9) Except as otherwise provided in the foregoing paragraphs of this Article the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire."

Elections in Bath and North East Somerset and South Gloucestershire

9.-(1) The ordinary election of councillors of the district councils of Bath and North East Somerset and South Gloucestershire shall be held in 1995 and in every fourth year thereafter.

(2) Bath and North East Somerset shall be represented by 65 councillors and divided into 36 wards, as set out in Schedule 1 to this Order.

(3) South Gloucestershire shall be represented by 70 councillors and divided into 38 wards, as set out in Schedule 2 to this Order.

(a) S.I. 1980/297.

(4) The term of office of such councillors shall be four years and all councillors shall retire on the fourth day after the day of the ordinary election of councillors in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.

(5) At the ordinary election in 1995-

(a) the returning officer for the election to Bath and North East Somerset District Council shall be the returning officer appointed by Wansdyke District Council for the existing district of Wansdyke; and(b) the returning officer for the election to South Gloucestershire District Council shall be the returning officer appointed by Northavon District Council for the existing district of Northavon.

(6) Section 36(4) of the Representation of the People Act 1983 ("the 1983 Act") ( a) (payment of election expenses) shall not apply to that election.

(7) All expenditure properly incurred by the returning officer in relation to the holding of the election to Bath and North East Somerset District Council shall be paid by the councils of the districts of Bath and Wansdyke in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.

(8) All expenditure properly incurred by the returning officer in relation to the holding of the election to South Gloucestershire District Council shall be paid by the councils of the districts of Kingswood and Northavon in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.

(9) In relation to those elections, "the appropriate officer", in Parts II and III of the 1983 Act does not have the meaning given by section 67(7) of that Act but means the returning officer for that election.

Suspension of elections and retirement of councillors

10.-(1) The ordinary election of councillors in 1995 to the transferor authorities shall be cancelled.

(2) Any councillor of a transferor authority holding office immediately before 8th May 1995 who would, but for the provisions of this Order, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.

(3) Where a vacancy for a councillor of a transferor authority occurs within the six months before the reorganisation date, an election shall not be held unless on...

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