Local Government Changes for England Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/867 |
| Year | 1994 |
1994 No. 867
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Changes for England Regulations 1994
Made 22th March 1994
Laid before Parliament 22th March 1994
Coming into force 12th April 1994
The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 19 and 26 of the Local Government Act 19921and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
PART 1
PRELIMINARY
Citation, commencement and application
1.—(1) These Regulations may be cited as the Local Government Changes for England Regulations 1994, and shall come into force on 12th April 1994.
(2) These Regulations make incidental, consequential, transitional and supplementary provision of general application for the purposes of, and in consequence of, orders made by the Secretary of State under section 17 of the Local Government Act 1992 with respect to local government changes in England, and they have effect subject to any provision in the order itself or in any other instrument made under Part II of that Act.
(3) The Local Government Area Changes Regulations 19762shall not apply to any order made under section 17 of the Local Government Act 19923.
Interpretation
2.—(1) In these Regulations, except where the context otherwise requires, any reference to “the order” is a reference to any order in relation to which these regulations are applicable.
(2) In these regulations, any reference to—
(a)
(a) “the preliminary date” is a reference to the earliest date on which any action is required to be taken in pursuance of the order;
(b)
(b) “the electoral date” is a reference to the date on which the first elections of councillors for a local government area are held pursuant to the order;
(c)
(c) “the establishment date” is a reference to the date on which the councillors elected on the electoral date come into office;
(d)
(d) “the reorganisation date” is the date on which a structural change or a boundary change comes into effect; and
(e)
(e) “the shadow commencement date” is a reference to the date on which a shadow authority comes into existence.
(3) In these Regulations, unless the context otherwise requires:
“abolished authority” means a local authority which is wound up and dissolved on the reorganisation date;
“newly-established authority” means an authority (not being a shadow authority) established by the order;
“parish authority” means, in the case of a parish having a separate parish council, that council, in the case of a parish grouped under a joint parish council, the joint parish council, and in any other case, the parish meeting or the parish trustees of the parish, as may be appropriate;
“shadow authority” means an authority (not being a local authority) which will become a local authority on the reorganisation date;
“transferred area” means each area of land (being the whole or part of a local government area) in respect of which the order effects a boundary change or a structural change (or both such changes) transferring local government functions to an authority specified in the order;
“transferee authority” means that specified authority;
“transferor authority” means the local authority from which such functions are transferred; and
“unitary authority” means any authority which is the sole principal council for its local government area.
(4) In these Regulations—
“abolished area” means a local government area abolished by the order;
“the Act” means the Local Government Act 1992;
“the 1972 Act” means the Local Government Act 19724;
“altered area” means a local government area which is altered or to be altered (but not abolished or created) by the order and which is not the subject of a structural change;
“district” includes a borough and a metropolitan district;
“enactment” includes a local and personal Act and a private Act, any subordinate legislation as defined in section 21 of the Interpretation Act 19785, and any scheme made pursuant to any enactment;
“county functions” means the functions which, in a non-metropolitan county not having a unitary authority, are the functions of the county council, “district functions” means the functions which, in a non-metropolitan district not having a unitary authority, are the functions of the district council, and “parish functions” means the functions vested in and exercisable by a parish authority;
“shadow period” means, where a shadow authority is created, the period between the shadow commencement date and the reorganisation date, and in all other cases the period between the preliminary date and the reorganisation date; and
“unparished area” means an area of land not forming part of any parish.
Authorities of the same tier
3. Any reference in these Regulations to a local authority of the same tier is a reference, as respects each transferor authority mentioned in column 1 below, to the transferee authority mentioned in column 2—
1. Transferor authority |
2. Transferee authority |
A county council |
(a) The county council for a non-metropolitan county; or (b) the unitary authority. |
A unitary authority |
(a) The county council for a non-metropolitan county as respects county functions, and the district council as respects district functions; or (b) the unitary authority. Where the transferred area is transferred from an unparished area into a parish, the parish authority as respects parish functions. |
A district council |
(a) The district council; or (b) the unitary authority. Where the transferred area is transferred from an unparished area into a parish, the parish authority as respects parish functions. |
A parish authority |
Where the transferred area is transferred into a parish, the parish authority for that parish. Where the transferred area becomes unparished, the district council, or the unitary authority. |
PART 2
GENERAL MATTERS
Continuity of matters
4.—(1) Anything which, before the reorganisation date, is in the process of being done by, to or in relation to a transferor authority—
(a)
(a) with respect to the transferred area; and
(b)
(b) in the exercise of, or in connection with its functions and powers as a local authority for that area—
may be continued by or in relation to the transferee authority of the same tier.
(2) For the purposes of paragraph (1) (but without prejudice to its generality)—
(i)
(i) the things which may be continued shall include any legal actions or proceedings, any written application, note, direction, objection or representation of any kind, the enforcement of any byelaws (including any regulation, scale of charges, lists of tolls and any table of fees and payments) and any licence or registration effected pursuant to any enactment; and
(ii)
(ii) anything being done by, to or in relation to a transferor authority shall include anything which is deemed to be being done by that authority, or is treated as being so done.
(3) Where a matter is continued pursuant to paragraph (1)—
(a)
(a) any act or omission by or in relation to the transferor authority before the reorganisation date shall be treated as an act or omission of the transferee authority; and
(b)
(b) any reference to the transferor authority in any document relating to such a matter shall be construed as a reference to the transferee authority.
References in enactments
5.—(1) In this regulation, “provision” means any provision in any enactment other than the order, and includes a provision made in any direction or scheme made under any enactment, whenever enacted.
(2) This regulation shall apply on and after the reorganisation date.
(3) Any reference in a provision to a named area which is altered by the order shall, so far as is required for continuing the effect of the provision, be construed as a reference to the area as so altered.
(4) Any reference in a provision to a named abolished area shall, so far is required for continuing the effect of the provision, be construed as a reference to the transferred area.
(5) Any reference in a provision to a named abolished authority shall, so far as is required for continuing the effect of the provision, be construed as a reference to the transferee authority.
(6) Any reference in a provision to a county council shall, so far as is required for continuing the effect of the provision, be construed as including a district council to which county functions have been transferred pursuant to a structural change.
(7) Any reference in a provision to a district council shall, so far as is required for continuing the effect of the provision, be construed as including a county council to which district functions have been transferred pursuant to a structural change.
(8) Nothing in this regulation or these regulations shall require a reference to a named area or an abolished area to be construed as a reference to that area as altered or transferred by the order for the purposes of any enactment which specifies the locality of any family health service authority, the region of any regional health authority, or the district of any district health authority6.
(9) Nothing in this regulation or these regulations shall, unless specific provision is made in the order, affect:
(i)
(i) the boundaries of any police area7or of any area specified in regulations made under section 22(3) of the Gaming Act 19688; or
(ii)
(ii) any scheme made pursuant to sections 62 to 64B of the Rent Act 19779; or
(iii)
(iii) the trusts of any charity.
(10) Nothing in this regulation shall apply:
(a)
(a) where a structural change is effected, to any provision requiring consultation, collaboration or joint action of any kind between a council of a county and a council of a district within that county; or
(b)
(b) so as to affect the application of any provision to an event or state of...
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