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

JurisdictionUK Non-devolved

1996 No. 1868

LOCAL GOVERNMENT, ENGLAND AND WALES

The Lancashire (Boroughs of Blackburn and Blackpool) (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 Blackburn and Blackpool2in 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 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 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.

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;

“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;

“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 19785.

(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.

2 Local Government Reorganisation in Blackburn and Blackpool

PART II

Local Government Reorganisation in Blackburn and Blackpool

S-3 Structural change

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.

S-4 Fire services

Fire services

4.—(1) In this article—

the 1947 Act” means the Fire Services Act 19476and

“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)

(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)

(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 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-5 Planning functions

Planning functions

5.—(1) The structure plan applying immediately before the reorganisation date to Lancashire, 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, the Blackburn Council and the Blackpool Council; and section 50 of the Town and Country Planning Act 19907(“the 1990 Act”) shall apply accordingly.

(2) In relation to the Blackburn Council or the Blackpool 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

(b)

(b) include their waste policies in their local plan.”

S-6 Constitution of new counties of Blackburn and Blackpool

Constitution of new counties of Blackburn and Blackpool

6.—(1) Blackburn and Blackpool shall cease to form part of Lancashire.

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

(3) A new county shall be constituted comprising the area of Blackpool and shall be named the county of Blackpool.

(4) Section 2(1) of the 1972 Act (which provides...

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