Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/1875

1996No. 1875

LOCAL GOVERNMENT, ENGLAND AND WALES

The Essex (Boroughs of Colchester, Southend-on-Sea and

Thurrock and District of Tendring) (Structural, Boundary and

Electoral Changes) Order 1996

18thJuly1996

For the purposes of articles 2(2), 4(1), (3) and (4), 7 to 9 and 11For the purposes of articles 2(2), 4(1), (3) and (4), 7 to 9 and 11

19thJuly1996

For the purposes of article 10

1stApril1997

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 Essex together with its recommendations and a report on its review of Basildon and Thurrock in the county of Essex together with its recommendations:

And whereas the Secretary of State has decided to give effect, with modifications, to the recommendations in respect of the boroughs of Colchester, Southend-on-Sea and Thurrock ( b) and the district of Tendring:

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 Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996 and shall come into force for the purposes of articles 2(2), 4(1), (3) and (4), 7 to 9 and 11 on the day after the day on which it is made, for the purposes of article 10 on 1st April 1997 and for all other purposes on 1st April 1998.

(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 Colchester, Southend-on-Sea and Thurrock have been granted that status.

(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);

"the 1990 Act" means the Town and Country Planning Act 1990 ( b)

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

"map" means the map prepared by the Department of the Environment, marked "Map of the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996" and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ( c);

"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;

"Southend" means the borough of Southend-on-Sea and "the Southend Council" means the council of that borough;

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

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

"the transferee authorities" means the councils of Southend and Thurrock.

(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 SOUTHEND AND THURROCK

Structural change

3. The functions of the County Council in relation to Southend and Thurrock (other than functions under Chapter II of Part II of the 1990 Act in respect of Thurrock) shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the transferee authorities.

Fire services

4.-(1) In this article-

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

"the relevant area" means the area comprising Essex (as constituted on and after the reorganisation date) and the areas of the transferee authorities.

(2) The area of each transferee authority 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) 1972 c.70.

(b) 1990 c.8.

(c) S.I. 1994/867, to which there are amendments not relevant to this Order.

(d) 1978 c.30.

(e) 1947 c.41; section 10 of this Act is amended by paragraph 2 of Schedule 3 to the Local Government Act 1992.

(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 Essex"; and(b) in paragraphs (e) and (f) of that subsection, for "any of the constituent authorities" there were substituted "the council of the county of Essex".

(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,".

Planning functions

5.-(1) Any structure plan applying immediately before the reorganisation date to Essex, excluding the area of Thurrock, and any proposals prepared before that date for the alteration or replacement of such a plan shall be treated as if they had been prepared jointly by the County Council and the Southend Council; and section 50 of the 1990 Act ( a) shall apply accordingly.

(2) In relation to the Southend Council-

(a) section 36(5) of the 1990 Act ( b)(which provides that a local plan shall not contain policies in respect of minerals or waste ) shall not apply:(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) 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) include their waste policies in their local plan.".

(3) Thurrock Council shall be treated as an authority to whose area Chapter I of Part II of the 1990 Act ("Chapter I " ) (unitary plans) applies, instead of Chapter II of that Part (structure and local plans).

(4) For the purposes of paragraph (3) above, Thurrock shall be treated as if it were the area of a local planning authority in a metropolitan county and references in Chapter I to the local planning authority shall be construed accordingly.

(5) The 1990 Act shall have effect in relation to Thurrock as if-

(a) in section 27 (meaning of "development plan" in Greater London and metropolitan counties), for the words "any district in Greater London or a metropolitan county (whether the whole of part of the area of a local planning...

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