East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/1770

1995No. 1770

LOCAL GOVERNMENT, ENGLAND AND WALES

The East Sussex (Boroughs of Brighton and Hove)

(Structural Change) Order 1995

11thJuly1995

For the purposes of articles 3, 6, and 8(1), (3) and (4) and 11 to 19For the purposes of articles 3, 6, and 8(1), (3) and (4) and 11 to 19

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 East Sussex 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 Brighton and Hove( 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 East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 and shall come into force for the purposes of articles 3, 6, 8(1), (3) and (4), and 11 to 19 on the day after the day on which it is made, and for all other purposes on 1st April 1997.

Interpretation

2. In this Order-

"the Act" means the Local Government Act 1992;

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

(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 Brighton and Hove 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.

"Brighton" means the borough of Brighton and "the Brighton Council" means the council of that borough;

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

"East Sussex district" means a district in East Sussex;

"Hove" means the borough of Hove and "the Hove Council" means the council of that borough;

"the preliminary period" means the period beginning with the relevant date and ending immediately before the reorganisation date;

"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 1978( a).

PART II

LOCAL GOVERNMENT REORGANISATION IN BRIGHTON AND HOVE

Constitution of new district of Brighton and Hove

3.-(1) A new district of Brighton and Hove ("the Brighton and Hove district") shall be constituted and shall comprise the areas of the East Sussex districts of Brighton and Hove.

(2) Subject to article 16, there shall be a new non-metropolitan district council for that district ("the Brighton and Hove Council").

Structural change

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

Constitution of new county of Brighton and Hove

5.-(1) Brighton and Hove shall cease to form part of East Sussex.

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

(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 Brighton and Hove.

Sussex Police Authority

6.-(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 articles 5 and 10 were in force on that date; and(b) accordingly, the appointments which are required to be made to the Sussex 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 Councils

(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.

of West Sussex and East Sussex and the Brighton and Hove Council (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)( a), and(ii) functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act( b).

(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 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) 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) 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 Brighton or Hove( c); and(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...

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