The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/2867

2008 No. 2867

Local Government, England

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

Made 5th November 2008

Laid before Parliament 6th November 2008

Coming into force 28th November 2008

The Secretary of State, in exercise of the powers conferred by sections 14 and 240(10) of the Local Government and Public Involvement in Health Act 20071, makes the following Regulations:

1 PRELIMINARY

PART 1

PRELIMINARY

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) These Regulations may be cited as the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 and shall come into force on 28th November 2008.

(2) These Regulations, which are of general application, do not affect—

(a)

(a) any provision included in—

(i) other regulations under Chapter 1 of Part 1 of the Local Government and Public Involvement in Health Act 20072(structural and boundary change),

(ii) an order under section 20 of that Act (correction of orders),

(iii) an order under section 86 of that Act (reorganisation of community governance)3,

(iv) regulations under section 97 of that Act (supplementary regulations),

(v) an order under Part 2 of the Local Government and Rating Act 19974(parishes and parish councils), or

(vi) regulations under section 7 of the Superannuation Act 19725(superannuation of persons employed in local government service, etc.); or

(b)

(b) any matter for which provision is made in an agreement under section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters).

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;

“the 1972 Act” means the Local Government Act 19726;

“the 2000 Regulations” means the Local Authorities (Functions and Responsibilities) (England) Regulations 20007;

“Implementation Executive” means a committee of a preparing council’s executive established in pursuance of a section 7 order;

“predecessor council” means a local authority which, by or in consequence of a section 7 order, will cease to exist on the reorganisation date;

“preparing council” means a local authority which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date;

“reorganisation date”, in relation to a section 7 order, means the date specified in the order as that on which a structural change comes into effect;

“section 7 order” means an order under section 7 of the 2007 Act;

“shadow council” means an authority (not being a local authority) which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date;

“shadow executive”, in relation to a shadow council, means the executive created by the council in accordance with a section 7 order;

“single tier council” means a local authority which on and after the reorganisation date is the sole principal authority for an area;

“successor council”—

(a) in relation to a predecessor council whose area is to become part of the area of a sole single tier council on the reorganisation date, means the preparing or shadow council which will become that single tier council;

(b) in relation to a predecessor council whose area is to become the area of more than one single tier council on the reorganisation date, means the preparing or shadow councils which will become those single tier councils; and

“transitional period” means the period beginning—

(a) on the date on which these Regulations come into force; or

(b) in relation to a section 7 order made after that date, the first date on which any action is required to be taken in accordance with that order,

and ending immediately before the reorganisation date.

(2) For the purposes of these Regulations—

(a)

(a) a single tier council is related to a predecessor council if on the reorganisation date the area of the single tier council includes that of the predecessor council; and

(b)

(b) where on the reorganisation date the area of a predecessor council comprises the areas of two or more single tier councils taken together, both or all of those single tier councils are related to the predecessor council.

2 CONTINUITY AND RESPONSIBILITY FOR FUNCTIONS

PART 2

CONTINUITY AND RESPONSIBILITY FOR FUNCTIONS

S-3 Continuity: references in enactments, etc

Continuity: references in enactments, etc

3.—(1) In relation to an area for which, as a result of a section 7 order, there is a district council but no county council, any reference in an enactment to a county council or a county shall, so far as is required for giving effect to the enactment, be construed as including a reference to a district council or, as the case may be, a district.

(2) In relation to an area for which, as a result of a section 7 order, there is a county council but no district councils, any reference in an enactment to a district council or a district shall, so far as is required for giving effect to the enactment, be construed as including a reference to a county council or, as the case may be, a county.

(3) A provision of an enactment in which a predecessor council or its area is mentioned by name shall have effect on and after the reorganisation date, as if, for the name of that council or its area, there were substituted the name of its related single tier council or of the area of that council or, as the case may be, the names of its related single tier councils or of the areas of those councils.

(4) A provision of an enactment which, immediately before the reorganisation date, applies to an area (however defined) that is affected by a section 7 order, shall on and after that date continue to apply to, but only to, the area to which it applied immediately before that date.

(5) Where a provision referred to in paragraph (4) applies as regards the whole or part of the area of a predecessor council by reason only of a resolution passed or order made by that council, the resolution or order shall have effect on and after the reorganisation date as if—

(a)

(a) it had been passed or made by the related single tier council as regards the whole or, as the case may be, the relevant part of its area; or

(b)

(b) where there are two or more related single tier councils, and the area comprises the whole or part of the area of any of those councils, it had been passed or made by that council as regards the whole or the relevant part of its area.

(6) In paragraphs (1) to (4) “enactment” includes a local and personal Act, a private Act, any statutory instrument to which the Statutory Instruments Act 19468applies (whenever the Act or instrument is passed or made) and any charter or other grant under the royal prerogative (whenever granted) but does not include—

(a)

(a) an Act of the Scottish Parliament or Northern Ireland legislation;

(b)

(b) an order under section 7 or 10 of the 2007 Act or regulations under section 14 of that Act;

(c)

(c) as regards paragraph (2)—

(i) section 245 of the 1972 Act (status of certain districts, parishes and communities);

(ii) an Order in Council under section 247 of the 1972 Act (transfer of armorial bearings from old to new authorities).

S-4 Continuity: other matters

Continuity: other matters

4.—(1) The following provisions of this regulation have effect subject to regulation 5.

(2) Anything which, immediately before the reorganisation date, is in the process of being done by, or in relation to, a predecessor council or a successor council in the exercise of, or in connection with, a function that is to be exercised on and after that date by the related single tier council may be continued by, or in relation to, that council.

(3) Anything done by, or in relation to, a predecessor council or a successor council in the exercise of, or in connection with, a function that is to be exercised on and after the reorganisation date by the related single tier council shall have effect as if done by, or in relation to, that council.

(4) Paragraph (3) applies in particular to—

(a)

(a) any agreement, decision, declaration, designation, determination or instrument made by a predecessor council or a successor council;

(b)

(b) any byelaws, orders or regulations made by such a council;

(c)

(c) any approval, authorisation, consent, dispensation, exemption, licence, permission, permit or relaxation granted by or to such a council;

(d)

(d) any certificate, direction or notice given by or to such a council;

(e)

(e) any application, objection, proposal or request made by or to such a council;

(f)

(f) any condition imposed by or on such a council;

(g)

(g) any fee paid by or to such a council;

(h)

(h) any appeal allowed by or in favour of such a council; or

(i)

(i) any proceedings instituted by or against such a council.

(5) A reference in paragraph (2) or (3) to anything done by or in relation to a predecessor council or a successor council includes a reference to anything which, by virtue of any enactment, is treated as having been done by or in relation to that council.

(6) So far as is required for giving effect to paragraphs (2) and (3), a reference in any document to a predecessor council or a successor council shall be construed on and after the reorganisation date—

(a)

(a) where the document refers to an area that falls within the area of more than one related single tier council, as a reference to each of them;

(b)

(b) in any other case, as a reference to the related single tier council.

(7) A person appointed by a predecessor council to represent that council on any body (whether the body is public or private and whether or not the person has voting rights) (“the appointee”) shall, unless the appointee resigns or the appointment is otherwise terminated, continue to hold that appointment on and after the reorganisation date as if the appointee had been appointed by, and as a representative of, the related single...

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