Lancashire (Boroughs of Blackburn and Blackpool) (Structural Change) Order 1996

JurisdictionUK Non-devolved
CitationSI 1996/1868

1996No. 1868

LOCAL GOVERNMENT, ENGLAND AND WALES

The Lancashire (Boroughs of Blackburn and Blackpool)

(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 boroughs of Blacburn and Blackpool ( b) in the county of Lancashire together with its recommendations:

And whereas the Secretary of State has decided to give effect to those recommendations:

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 Lancashire (Boroughs of Blackburn and Blackpool) (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.

Interpretation

2.-(1) In this Order-

"the Act" means the Local Government Act 1992;

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

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

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

(a) 1992 c.19.

(b) The non-metropolitan districts of Blackburn and Blackpool have been granted the status of a borough.

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

(d) 1972 c.70.

"the County Council" means the council of Lancashire;

"Lancashire" means the non-metropolitan county of Lancashire;

"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; and

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

(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 Blackburn and Blackpool

Structural change

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

Fire services

4.-(1) In this article-

"the 1947 Act" means the Fire Services Act 1947( b) and

"the relevant area" means the area comprising Lancashire (as constituted on and after the reorganisation date), Blackburn and Blackpool.

(2) Blackburn and Blackpool 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 alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if-

(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 Lancashire" ; 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 Lancashire".

(4) Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the...

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