Devon (City of Plymouth and Borough of Torbay) (Structural Change) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/1865

1996No. 1865

LOCAL GOVERNMENT, ENGLAND AND WALES

The Devon (City of Plymouth and Borough of Torbay) (Structural

Change) Order 1996

18thJuly1996

for the purposes of articles 2(2), 4(1), (3) and (4), 7 and 8for the purposes of articles 2(2), 4(1), (3) and (4), 7 and 8

19thJuly1996

For all other purposes

1stApril1998

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 Devon 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 Plymouth and the borough of Torbay ( b):

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 17 ( c), 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 Devon (City of Plymouth and Borough of Torbay) (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.

(a) 1992 c.19.

(b) The non-metropolitan districts of Plymouth and Torbay have been granted the status, respectively, of a city and a borough.

(c) Amended by section 39(4) and (5) of the Police and Magistrates' Courts Act 1994 (c.29).

Interpretation

2.-(1) In this Order-

"the Act" means the Local Government Act 1992;

"the 1972 Act" means the Local Government Act 1972 ( a)

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

"Plymouth" (except in references to the county of Plymouth) means the city of Plymouth and "the Plymouth Council" means the council of that city;

"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;

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

"Torbay" (except in references to the county of Torbay) means the borough of Torbay and "the Torbay Council" means the council of that borough.

(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 PLYMOUTH AND TORBAY

Structural change

3. Subject to the following provisions of this Part and to any other relevant provision, the functions of the Devon Council in relation to Plymouth and Torbay shall be transferred to the Plymouth Council and the Torbay Council respectively.

Fire services

4.-(1) In this article-

"the 1947 Act" means the Fire Services Act 1947 ( c); and

"the relevant area" means the area comprising Devon (as constituted on and after the reorganisation date), Plymouth and Torbay.

(2) Plymouth and Torbay shall, subject to any combination scheme under the 1947 Act, each 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...

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