Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/1771

1995No. 1771

LOCAL GOVERNMENT, ENGLAND AND WALES

The Dorset (Boroughs of Poole and Bournemouth)

(Structural Change) Order 1995

11thJuly1995

For the purposes of articles 2(2), 4, 6(1), (3) and (4), and 9 to 11For the purposes of articles 2(2), 4, 6(1), (3) and (4), and 9 to 11

12thJuly1995

For all other purposes

1stApril1997

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 Dorset together with its recommendations:

And whereas the Secretary of State has decided to give effect, with modifications, to the recommendations in respect to the boroughs of Bournemouth and Poole( 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 Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4) and 9 to 11 on the day after the day on which it is made and for all other purposes on 1st April 1997.

Interpretation

2.-(1) In this Order-

"the Act" means the Local Government Act 1992;

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

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

(a) 1992 c. 19.

(b) Section 245 of the 1972 Act enables district councils to petition Her Majesty for the grant of borough status. The non-metropolitan districts of Bournemouth and Poole have been granted that status.

(c) As amended by sub-sections 39(4) and (5) of the Police and Magistrates' Courts Act 1994 c. 29.

(d) 1972 c. 70, as amended.

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

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

"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;

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

"the transferee authorities" means the councils of Bournemouth and Poole.

(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 BOURNEMOUTH AND POOLE

Structural change

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

Dorset Police Authority

4.-(1) In this article, "the 1964 Act" means the Police Act 1964( b).

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

(a) sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of "relevant council")( c) shall have effect as from 1st October 1996 as if the transferee authorities had ceased to form part of Dorset on that date; and(b) accordingly, the appointments which are required to be made to the Dorset Police Authority (as established under section 3 of the 1964 Act) ("the Authority")( d) by 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 transferee authorities (as relevant councils) in accordance with that provision.

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

(a) on and after the reorganisation date, all functions of the Authority; and(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)( e), and(ii) functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act( f).

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

(a) section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions

(a) 1978 c. 30.

(b) 1964 c. 48.

(c) Schedule 1B was inserted by section 3(2) of, and Schedule 2 to, the Police and Magistrates' Courts Act 1994 (c. 29) ("the 1994 Act").

(d) Section 3 was substituted by section 2 of the 1994 Act.

(e) 1992 c. 14.; section 39 of that Act was amended by section 27(1) of the 1994 Act.

(f) Sections 4A and 4B were inserted by section 4 of the 1994 Act.

about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT