The Bedfordshire (Structural Changes) Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/907 |
| Year | 2008 |
2008 No. 907
Local Government, England
The Bedfordshire (Structural Changes) Order 2008
Made 27th March 2008
Coming into force in accordance with article 1
This Order implements, without modification, proposals, submitted to the Secretary of State for Communities and Local Government under section 2 of the Local Government and Public Involvement in Health Act 20071, that there should be a single tier of local government for the county of Bedfordshire.
The proposals were made—
(a) by Bedford Borough Council, as to the borough of Bedford, and
(b) by Mid Bedfordshire District Council and South Bedfordshire District Council, as to the rest of Bedfordshire.
The Secretary of State did not make a request under section 4 of the Local Government and Public Involvement in Health Act 2007 (request for Boundary Committee for England’s advice).
Before making the Order the Secretary of State consulted the following about the proposals—
(c) every authority affected by the proposal (except the authorities which made them); and
(d) other persons the Secretary of State considered appropriate.
A draft of this Order was laid before and approved by a resolution of each House of Parliament in accordance with section 240(6) of the Local Government and Public Involvement in Health Act 2007.
The Secretary of State for Communities and Local Government makes this Order in the exercise of the powers conferred by sections 7, 11, 12, and 13 of the Local Government and Public Involvement in Health Act 2007:
PART 1
GENERAL
Citation and commencement
1. This Order may be cited as the Bedfordshire (Structural Changes) Order 2008 and shall come into force on the day after that on which it is made.
Interpretation
2. In this Order—
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act” means the Local Government Act 2000 as it has effect in relation to Bedford Borough Council2;
“the 1972 Act” means the Local Government Act 19723;
“the 2004 Order” means the County of Bedfordshire (Electoral Changes) Order 20044;
“the 2009 election” means—
(a) in the case of Bedford, the election required by article 13(1) to be held in 2009;
(b) in the case of Central Bedfordshire, the election required by article 25(1) to be held in 2009;
“the 2009 election day” means the ordinary day of election of councillors5in 2009;
“Bedford”, except in the expressions “the Bedford electoral divisions” and “the non-metropolitan county of Bedford”, means the borough of Bedford;
“the Bedford electoral divisions” means the county electoral divisions of Brickhill, Bromham, Cauldwell, Clapham and Oakley, De Parys, Eastcotts, Goldington, Harpur, Harrold, Kempston, Kempston Rural, Kingsbrook, Newnham, North East Bedfordshire, Putnoe, Queens Park, Wilshamstead and Wootton6;
“the Bedford Implementation Team” means the team formed in accordance with article 11(1);
“Bedfordshire”, except in the expression “Central Bedfordshire”, means the county of Bedfordshire as it exists on the date on which this Order is made;
“Central Bedfordshire” means the district established by article 4(1);
“Central Bedfordshire Council” means the district council established by article 4(3);
“the Central Implementation Team” means the team formed in accordance with article 22(1);
“the County Council” means Bedfordshire County Council;
“the district councils” means the councils of the districts of Mid Bedfordshire and South Bedfordshire; and
“the proper officer”, in relation to any purpose and Bedford Borough Council, the County Council or either of the district councils, means the officer appointed for that purpose by that Council.
PART 2
ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN BEDFORD AND CENTRAL BEDFORDSHIRE
Single tier local government in Bedford
3.—(1) A new non-metropolitan county, to be known as Bedford, shall be constituted comprising the area of the borough of Bedford.
(2) In relation to the county of Bedford, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.
(3) On and after 1st April 2009, Bedford Borough Council shall be the sole principal authority for Bedford.
Single tier local government in Central Bedfordshire
4.—(1) A new non-metropolitan county and a new non-metropolitan district, each to be known as Central Bedfordshire, shall be constituted comprising (in each case) the areas of the districts of Mid Bedfordshire and South Bedfordshire.
(2) In relation to the county of Central Bedfordshire, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.
(3) A new district council, to be known as the Central Bedfordshire Council, shall be established as the sole principal authority for the non-metropolitan district of Central Bedfordshire.
(4) Except for the purposes of Part 6 of this Order (electoral matters: Mid and South Bedfordshire District Councils, the Central Bedfordshire Council and parishes in Bedford and Central Bedfordshire), until 1st April 2009—
(a)
(a) the Central Bedfordshire Council shall not be a local authority for the purposes of the 1972 Act or any other enactment relating to local government; and
(b)
(b) subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) shall have effect in relation to that Council as if the words from “and the council” to the end of that subsection were omitted.
(5) On 1st April 2009—
(a)
(a) the Mid Bedfordshire and South Bedfordshire districts shall be abolished as local government areas; and
(b)
(b) the Mid Bedfordshire and South Bedfordshire councils shall be wound up and dissolved.
County of Bedfordshire, Bedfordshire County Council and councillors of that Council
5.—(1) On 1st April 2009—
(a)
(a) the county of Bedfordshire shall be abolished as a local government area; and
(b)
(b) the County Council shall be wound up and dissolved.
(2) The term of office of persons serving as councillors of the County Council immediately before 1st April 2009 shall end on that date.
(3) Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of the County Council where that vacancy arises after 30th September 2008 and before 1st April 2009.
PART 3
BEDFORD: TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Interpretation of Part 3
6. In this Part—
“article 8 functions” has the meaning given by article 7(2)(b);
“the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 7(4);
“the main transitional function” has the meaning given by article 7(1); and
“the Mayor” means the person who is for the time being the Mayor of Bedford.
Transitional functions of Bedford Borough Council and establishment of Implementation Executive
7.—(1) On the coming into force of this Order there shall be added to the functions of Bedford Borough Council the function, which is to be exercisable only during the transitional period ending on 1st April 2009, of preparing for and facilitating the economic, effective, efficient and timely transfer of the county council’s functions, property, rights and liabilities so far as they relate to Bedford or the inhabitants of Bedford (“the main transitional function”).
(2) Section 14 of the 2000 Act (discharge of functions: mayor and cabinet executive) shall have effect in relation to Bedford Borough Council and—
(a)
(a) the main transitional function, and
(b)
(b) the other transitional functions referred to in article 8 (“the article 8 functions”),
with the modifications specified in paragraph (3).
(3) The modifications referred to in paragraph (2) are—
(a)
(a) in subsection (1), after the words “19 or 20,” insert “or under the Bedfordshire (Structural Changes) Order 2008,”;
(b)
(b) omit subsection (2); and
(c)
(c) in subsections (3) to (5), omit “, unless the elected mayor otherwise directs,”.
(4) Bedford Borough Council’s executive arrangements shall provide for the discharge of—
(a)
(a) the main transitional function, and
(b)
(b) the article 8 functions,
to be the responsibility of a committee of the Council’s executive, to be known as the Implementation Executive.
(5) Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply to, or in relation to, the Implementation Executive subject only to paragraphs (6), (7) and (10) to (12) of this article and article 9(2) to (4); and for this purpose “statutory provisions” includes —
(a)
(a) any enactment contained in an Act passed after the making of this Order; and
(b)
(b) any instrument made at any time under an enactment (including an enactment contained in an Act passed after the 2007 Act).
(6) The Implementation Executive shall consist of—
(a)
(a) the Mayor;
(b)
(b) ten persons nominated by Bedford Borough Council, being persons who are for the time being members of that council; and
(c)
(c) three persons nominated by the County Council each of whom is for the time being a member of the County Council for one of the Bedford electoral divisions.
(7) In making the nominations referred to in paragraph (6)(b) and (c), Bedford Borough Council and the County Council shall, to the extent that it is practicable to do so, secure that at all times there is on the Implementation Executive —
(a)
(a) one member of the Conservative Party,
(b)
(b) one...
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