Derbyshire (City of Derby) (Structural Change) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/1773

1995 No. 1773

LOCAL GOVERNMENT, ENGLAND AND WALES

The Derbyshire (City of Derby)(Structural Change) Order 1995

Made 11th July 1995

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 Derbyshire together with its recommendations:

And whereas the Secretary of State has decided to give effect, with modifications, to the recommendations in respect of the city of Derby2:

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:

1 GENERAL

PART I

GENERAL

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Derbyshire (City of Derby) (Structural Change) Order 1995 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4), 9 and 10 on the day after the day on which it is made and for all other purposes on 1st April 1997.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

“the Act” means the Local Government Act 1992;

the 1972 Act” means the Local Government Act 19724;

“Derby” (except in references to the county of Derby) means the city of Derby and “the Derby Council” means the council of that city;

“Derbyshire” means the non-metropolitan county of Derbyshire and “the County Council” means the council of that county;

“the relevant date” means 6th May 1996;

“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 1997; and

“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 19785.

(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.

2 LOCAL GOVERNMENT REORGANISATION IN DERBYSHIRE

PART II

LOCAL GOVERNMENT REORGANISATION IN DERBYSHIRE

S-3 Structural change

Structural change

3. The functions of the County Council in relation to Derby shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Derby Council.

S-4 Derbyshire Police Authority

Derbyshire Police Authority

4.—(1) In this article, “the 1964 Act”means the Police Act 19646.

(2) For the purposes of the functions to which this article applies—

(a)

(a) sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”)7shall have effect as from 1st October 1996 as if Derby had ceased to form part of Derbyshire on that date; and

(b)

(b) accordingly, the appointments which are required to be made to the Derbyshire Police Authority (as established under section 3 of the 1964 Act) (“the Authority”)8by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council and the Derby Council (as relevant councils) in accordance with that provision.

(3) The functions to which this article applies are—

(a)

(a) on and after the reorganisation date, all functions of the Authority; and

(b)

(b) before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date—

(i) functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts)9, and

(ii) functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act10.

(4) For the purposes of the functions referred to in paragraph (3)(b) above—

(a)

(a) section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above, and

(b)

(b) the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.

(5) In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above—

(a)

(a) shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in Derby11; and

(b)

(b) shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.

(6) A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.

(7) In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.

S-5 Amendment of Schedule 1A to the Police Act 1964

Amendment of Schedule 1A to the Police Act 1964

5. Schedule 1A to the Police Act 196412shall be amended by inserting after the words “The county of Derbyshire” in the right-hand column opposite the name of the Derbyshire police area the words “and the non-metropolitan district of Derby”.

S-6 Fire services

Fire services

6.—(1) In this article—

the 1947 Act” means the Fire Services Act 194713; and

“the relevant area” means the area comprising Derbyshire (as constituted on and after the reorganisation date) and Derby.

(2) Derby 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 Derbyshire”; 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 Derbyshire”.

(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,”.

S-7 Planning functions

Planning functions

7.—(1) The structure plan applying immediately before the reorganisation date to Derbyshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the County Council and the Derby Council; and section 50 of the Town and Country Planning Act 199014(“the 1990 Act”) shall apply accordingly.

(2) In relation to the Derby 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 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) This article shall not apply to any plan relating to the area of the Peak District National Park14, or to any proposals for the alteration or replacement of such a plan.

S-8 Constitution of new county of Derby

Constitution of new county of Derby

8.—(1) Derby shall cease to form part of Derbyshire.

(2) A new county shall be constituted comprising the area of Derby and shall be named the county of Derby.

(3) Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Derby.

3 TRANSITIONAL PROVISION

PART III

TRANSITIONAL PROVISION

S-9...

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