Kent (Borough of Gillingham and City of Rochester upon Medway) (Structural Change) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/1876

1996 No. 1876

LOCAL GOVERNMENT, ENGLAND AND WALES

The Kent (Borough of Gillingham and City of Rochester upon Medway) (Structural Change) Order 1996

Made 18th July 1996

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 boroughs of Dartford, Gillingham and Gravesham and the city of Rochester upon Medway2in the county of Kent:

And whereas the Secretary of State has decided to give effect to the recommendations in respect to the borough of Gillingham and the city of Rochester upon Medway:

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 Kent (Borough of Gillingham and City of Rochester upon Medway) (Structural Change) Order 1996 and shall come into force for the purposes of articles 2(2), 3, 6(1), (3) and (4), and 9 to 16 on the day after the day on which it is made and for all other purposes on 1st April 1998.

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;

“existing”, in relation to an area, means that area as it exists on the date this Order is made;

“Gillingham” means the borough of Gillingham and “the Gillingham Council” means the council of that borough;

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

“Kent district” means a district in Kent;

“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;

“Rochester” means the city of Rochester upon Medway and “the Rochester Council” means the council of that city;

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

“transferee authority” means the Medway Towns District Council; and

“transferor authorities” means the County Council, the Gillingham Council and the Rochester Council.

(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 this Order and any other statutory instrument made under the Act.

2 LOCAL GOVERNMENT REORGANISATION IN GILLINGHAM AND ROCHESTER

PART II

LOCAL GOVERNMENT REORGANISATION IN GILLINGHAM AND ROCHESTER

S-3 Constitution of new district of the Medway Towns

Constitution of new district of the Medway Towns

3.—(1) A new district of the Medway Towns shall be constituted and shall comprise the areas of the existing Kent districts of Gillingham and Rochester.

(2) Subject to article 13, there shall be a new non-metropolitan district council for the district of the Medway Towns (“the Medway Towns Council”).

S-4 Structural change

Structural change

4. The functions of the County Council in relation to the districts of Gillingham and Rochester shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Medway Towns Council.

S-5 Constitution of new county of the Medway Towns

Constitution of new county of the Medway Towns

5.—(1) The district of the Medway Towns shall cease to form part of Kent.

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

(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 the Medway Towns.

S-6 Fire services

Fire services

6.—(1) In this article—

the 1947 Act” means the Fire Services Act 19476; and

“the relevant area” means the area comprising Kent (as constituted on and after the reorganisation date) and the area of the district of the Medway Towns.

(2) The area of the district of the Medway Towns 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 Kent”; 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 Kent”.

(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 Kent 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 Medway Towns Council; and section 50 of the Town and Country Planning Act 19907shall apply accordingly.

(2) In relation to the Medway Towns 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.”.

S-8 Existing local government areas

Existing local government areas

8.—(1) The existing Kent districts of Gillingham and Rochester shall be abolished.

(2) The Gillingham Council and the Rochester Council shall be wound up and dissolved.

3 ELECTORAL ARRANGEMENTS

PART III

ELECTORAL ARRANGEMENTS

S-9 Electoral areas in the Medway Towns

Electoral areas in the Medway Towns

9. The district of the Medway Towns shall be divided into 34 wards, which shall comprise the areas and bear the names of the wards described in the Borough of Gillingham (Electoral Arrangements) Order 19768and the Borough of Medway (Electoral Arrangements) Order 19769, and each ward shall be represented by two councillors.

S-10 Elections in the Medway Towns

Elections in the Medway Towns

10.—(1) Elections of all councillors of...

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