North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/610

1995 No. 610

LOCAL GOVERNMENT, ENGLAND AND WALES

The North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995

Made 7th March 1995

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 county of North Yorkshire together with its recommendations:

And whereas the Secretary of State has decided to give effect, with modifications, to the recommendations in respect of an area to be constituted as the district of York:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 17, 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 North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 and shall come into force for the purposes of articles 3, 6 to 9, 11, 13(1), (3) and (4) and 15 to 18 on the day after the day on which it is made and for all other purposes on 1st April 1996.

S-2 Interpretation

Interpretation

2. In this Order—

“the Act” means the Local Government Act 1992;

the 1972 Act” means the Local Government Act 19722;

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

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

“the preliminary period” means the period beginning with 8th May 1995 and ending immediately before the reorganisation date;

“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 1996; and

“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 19783.

2 THE NEW DISTRICT AND COUNTY OF YORK

PART II

THE NEW DISTRICT AND COUNTY OF YORK

S-3 Constitution of new district of York

Constitution of new district of York

3. A new district of York shall be constituted and shall comprise the existing local government areas shown in column (2) of the following Table—

TABLE

(1)

(2)

The city of York4

The borough of Harrogate

The parishes of Hessay, Nether Poppleton, Rufforth and Upper Poppleton

The district of Ryedale

The parishes of Clifton Without, Earswick, Haxby, Heworth Without, Holtby, Huntington, Murton, New Earswick, Osbaldwick, Rawcliffe, Skelton, Stockton-on-the-Forest, Strensall, Towthorpe and Wigginton

The district of Selby

The parishes of Acaster Malbis, Askham Bryan, Askham Richard, Bishopthorpe, Copmanthorpe, Deighton, Dunnington, Elvington, Fulford, Heslington, Kexby, Naburn and Wheldrake

S-4 Constitution of new county of York

Constitution of new county of York

4.—(1) A new county of York shall be constituted and shall comprise the existing local government areas shown in column (2) of the Table in article 3.

(2) 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 York.

S-5 Existing local government areas

Existing local government areas

5.—(1) The new district of York shall cease to form part of North Yorkshire.

(2) The existing city of York shall be abolished and the council of that city shall be wound up and dissolved.

(3) The parishes shown in column (2) of the Table in article 3 shall cease to form part of the corresponding district shown in column (1) of that Table.

3 ELECTORAL ARRANGEMENTS

PART III

ELECTORAL ARRANGEMENTS

S-6 Electoral areas in York

Electoral areas in York

6.—(1) The new district of York shall be divided into 29 wards which shall bear the names set out in column (1) of Schedule 1.

(2) The wards shall comprise the areas respectively described (by reference to existing wards of the city of York5or, as the case may be, parishes shown in the Table in article 3) in column (2) of that Schedule and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.

S-7 Election of councillors in York

Election of councillors in York

7.—(1) The ordinary election of councillors of the council of the new district of York (“the York Council”) shall be held in 1995 and every fourth year after 1995.

(2) The term of office of every such councillor shall be four years.

(3) The councillors elected at the ordinary election in 1995 shall come into office on the fourth day after that election.

(4) On the fourth day after an ordinary election after 1995—

(a)

(a) the persons who were councillors immediately before the election shall retire; and

(b)

(b) the newly elected councillors shall come into office.

S-8 First elections in York

First elections in York

8.—(1) At the ordinary election of councillors of the York Council in 1995, the returning officer shall be the returning officer appointed under section 35 of the Representation of the People Act 19836(“the 1983 Act”) by the council of the existing city of York.

(2) Section 36(4) of the 1983 Act (payment of election expenses) shall not apply to that election.

(3) All expenditure properly incurred by the returning officer in relation to the holding of that election shall be paid in the first instance by the council of the existing city of York and shall be defrayed by that council and the councils of the borough of Harrogate and the districts of Ryedale and Selby in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.

(4) In relation to that election “the appropriate officer”, in Parts II and III of the 1983 Act does not have the meaning given by section 67(7) of that Act but means the returning officer for that election.

S-9 Suspension of elections and retirement of councillors

Suspension of elections and retirement of councillors

9.—(1) The ordinary election of councillors in 1995 for any ward described in Schedule 2 shall not take place; and any councillor for such a ward holding office immediately before 8th May 1995 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.

(2) The councillor for the Upper Poppleton ward of the borough of Harrogate who would, but for this paragraph, have retired on 6th May 1996 shall, unless he resigns his office or it otherwise becomes vacant, retire on the reorganisation date.

(3) The electoral divisions of North Yorkshire described in Schedule 3 shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date.

(4) Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect, in relation to a casual vacancy occurring in the office of councillor for any relevant electoral area, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the reorganisation date; and, for this purpose, “relevant electoral area” means a ward described in Schedule 2, the Upper Poppleton ward of the borough of Harrogate or an electoral division described in Schedule 3.

4 LOCAL GOVERNMENT REORGANISATION IN NORTH YORKSHIRE

PART IV

LOCAL GOVERNMENT REORGANISATION IN NORTH YORKSHIRE

S-10 Structural change

Structural change

10. The functions of the County Council in relation to the new district of York shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the York Council.

S-11 North Yorkshire Police Authority

North Yorkshire Police Authority

11.—(1) In this article, “the 1964 Act” means the Police Act 19647.

(2) For the purposes of the functions to which this article applies—

(a)

(a) sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”)8shall have effect as from 1st October 1995 as if—

(i) the new district of York had ceased to form part of North Yorkshire on that date, and

(ii) any existing district council for an area wholly or partly within the new district of York were, in relation to the North Yorkshire Police Authority (as established under section 3 of the 1964 Act) (“the Authority”)9, not a council falling within paragraph (b) of that sub-paragraph; and

(b)

(b) accordingly, the appointments which are required to be made to the Authority by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council and the York Council (as relevant councils) in accordance with that provision.

(3) The functions to which this article applies are—

(a)

(a) on and after the reorganisation date, all functions of the Authority; and

(b)

(b) before that date (but on and after 1st October 1995), the following functions of the Authority in respect of the financial year beginning on the reorganisation date—

(i) functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts)10, and

(ii) functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act11.

(4) For the purposes of the functions referred to in paragraph (3)(b) above—

(a)

(a) section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed...

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