Charter Trustees Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/263

1996 No. 263

LOCAL GOVERNMENT, ENGLAND AND WALES

The Charter Trustees Regulations 1996

Made 10th February 1996

Laid before Parliament 12th February 1996

Coming into force 4th March 1996

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 19 and 26 of the Local Government Act 19921, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Charter Trustees Regulations 1996 and shall come into force on 4th March 1996.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

the Act” means the Local Government Act 1992;

the 1972 Act” means the Local Government Act 1972;2

“the establishment date”, in relation to any charter trustees, means the date (being 1st April in any year) which is specified as such in a relevant instrument;

“existing”, in relation to an area, means that area as it exists immediately before the establishment date;

“the relevant council” means—

(a) the council of the district in which is comprised the area for which charter trustees are established; or

(b) where that area is comprised in a county in which there are no district councils, the council of the county; and

“relevant instrument” means these Regulations or any other statutory instrument made under the Act by which charter trustees are established.

(2) Where, pursuant to a provision in a relevant instrument, the charter trustees elect one of their number to be a city mayor or a deputy city mayor or, as the case may be, a town mayor or a deputy town mayor, references in these Regulations to the chairman or the vice-chairman of the charter trustees shall be construed, as the case may be, as references to the city or town mayor or the deputy city or deputy town mayor.

S-3 Establishment of charter trustees

Establishment of charter trustees

3.—(1) In this regulation, “the establishment date” is 1st April 1996.

(2) On the establishment date, there shall be established—

(a)

(a) for the area of the existing city of Bath a body corporate to be known as “the Charter Trustees of the City of Bath”;

(b)

(b) for the area comprising so much of the Minister and St Mary’s wards of the new district of the East Riding of Yorkshire as is unparished a body corporate to be known as “the Charter Trustees of the Town of Beverley”;

(c)

(c) for the area comprising so much of the existing borough of Cleethorpes as is unparished, a body corporate to be known as“the Charter Trustees of the Town of Cleethorpes”;

(d)

(d) for the area comprising so much of the existing borough of Great Grimsby as is unparished, a body corporate to be known as“the Charter Trustees of the Town of Great Grimsby”; and

(e)

(e) for the area comprising the existing borough of Scunthorpe a body corporate to be known as “the Charter Trustees of the Town of Scunthorpe”.

(3) The Charter Trustees of—

(a)

(a) the City of Bath shall consist of the councillors for the wards of the new district of Bath and North East Somerset wholly or partly comprising the area of the existing city of Bath;

(b)

(b) the Town of Beverley shall consist of the councillors for the Minister and St Mary’s wards of the new district of the East Riding of Yorkshire;

(c)

(c) the Town of Cleethorpes and the Town of Great Grimsby shall consist of the councillors for the wards wholly or partly comprising so much of the existing borough of Cleethorpes or borough of Great Grimsby, as the case may be, as is unparished; and

(d)

(d) the Town of Scunthorpe shall consist of the councillors for the wards of the new district of North Lincolnshire wholly or partly comprising the area of the existing borough of Scunthorpe.

S-4 Privileges and rights of charter trustees

Privileges and rights of charter trustees

4.—(1) The charter trustees established by regulation 3—

(a)

(a) may in every year elect one of their number to be city or, as the case may be, town mayor and another to be deputy city or, as the case may be, deputy town mayor; and

(b)

(b) may, subject to any provision made by a grant under Her Majesty’s prerogative or any provision of a charter granted by Her Majesty under section 245 of the 1972 Act, exercise any powers to appoint local officers of dignity exercisable immediately before the establishment date by the council of the existing city or, as the case may be, borough the whole or part of the area of which comprises the area for which the charter trustees are established.

S-5 Precepts

Precepts

5. For the purposes of regulation 12(2), the amount shown in column (2) of the following Table is specified in relation to the charter trustees for the corresponding area named in column (1) —

TABLE

(1)

(2)

Name of area

Amount specified

City of Bath

£59,960

Town of Beverley

£1,000

Town of Cleethorpes

£15,000

Town of Great Grimsby

£25,000

Town of Scunthorpe

£30,000

S-6 General provisions applicable to charter trustees

General provisions applicable to charter trustees

6. The following provisions of these Regulations shall apply in relation to charter trustees established by these Regulations or any other statutory instrument made under Part II of the Act.

S-7 Number of charter trustees and appointment of local government electors as trustees

Number of charter trustees and appointment of local government electors as trustees

7.—(1) If at the establishment date the number of councillors constituting the charter trustees for any city or town is less than three, the charter trustees shall consist of those councillors and such number of local government electors for the area for which the charter trustees act appointed by the relevant council as will make the number of charter trustees up to three.

(2) Where one local government elector, or two local government electors, as the case may be, fall to be appointed by the relevant council as charter trustees they shall be appointed —

(a)

(a) as soon as practicable after the charter trustees are established; and

(b)

(b) at the annual meeting of the relevant council in the next year in which the ordinary elections of councillors for—

(i) non-metropolitan district councils in relation to which there is no order in force providing for the election of district councillors by thirds are to take place, if the relevant council is a non-metropolitan district council, or

(ii) county council elections are to take place, if the relevant council is a county council; and

(c)

(c) every fourth year thereafter.

(3) Any local government elector appointed as charter trustee shall (subject to the provisions of these Regulations), hold office until the time fixed for the meeting of the next annual meeting of the relevant council at which under paragraph (2) above appointments shall fall to be made.

(4) Where the number of councillors constituting the charter trustees is increased to two, such one of the local government electors appointed as aforesaid as may be determined by the relevant council shall forthwith cease to hold office as a charter trustee.

(5) Where the number of councillors constituting the charter trustees is increased to three or more, any local government elector appointed as aforesaid shall forthwith cease to hold office as a charter trustee.

(6) Sections 80(1)(b) and (d), 80(5), 81(1) and (2) and 92 of the 1972 Act3shall apply to a local government elector being appointed, or holding office as, a charter trustee as they apply to a person being elected to, or being a member of, a local authority, subject to any necessary modifications.

(7) For section 80(1)(e) of the 1972 Act4there shall be substituted—

“(e)

“(e) is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee under Part III of the Local Government Finance Act 1982, and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government 1992”.

(8) A local government elector appointed as a charter trustee may at any time resign his office by written notice delivered to the proper officer of the relevant council and his resignation shall take effect upon receipt of the notice by the proper officer.

(9) The relevant council may remove from office a local government elector appointed as a charter trustee under this regulation if, in their opinion, he has, without sufficient cause, failed to attend two or more consecutive meetings of the charter trustees.

(10) A casual vacancy in the office of charter trustee shall arise at any time when—

(a)

(a) a local government elector appointed as a charter trustee ceases to be a local government elector for the area for which the charter trustees act, becomes disqualified, resigns, is removed by the relevant council under paragraph (9) above or dies; or

(b)

(b) under electoral arrangements for the time being in force the number of councillors constituting the charter trustees is reduced to two or one, as the case may be.

(11) When any such casual vacancy arises the relevant council shall, as soon as practicable, appoint a local government elector for the area for which the charter trustees act to fill the vacancy.

(12) A local government elector appointed under paragraph (11) above shall (subject to the provisions of these Regulations) hold office until the time fixed for the meeting of the next annual meeting of the relevant council at which under paragraph (2) above appointments fall to be made.

(13) Where there are so many vacancies in the office of councillor for the relevant area that the charter trustees are unable to act, the relevant council may appoint local government electors for the area for which the charter trustees act to fill up all or any of the vacancies until other councillors for the relevant area...

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