The Norwich and Norfolk (Structural Changes) Order 2010

JurisdictionUK Non-devolved
CitationSI 2010/997

2010 No. 997

Local Government, England

The Norwich and Norfolk (Structural Changes) Order 2010

Made 24th March 2010

Coming into force in accordance with article 1

This Order implements a proposal, submitted to the Secretary of State 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 city of Norwich.

That proposal was made by Norwich City Council.

The Secretary of State made a request under section 4 of the Local Government and Public Involvement in Health Act 2007 (request for Boundary Committee for England’s advice) and specified 8th December 2009 as the deadline for the Boundary Committee to provide the advice2.

Before making the Order the Secretary of State consulted the following about the proposal—

(a) every authority affected by the proposal (except the authority which made it); and

(b) other persons the Secretary of State considered appropriate.

A draft of this Order has been laid before Parliament in accordance with section 240(6) of the Local Government and Public Involvement in Health Act 2007, and has been approved by a resolution of each House of Parliament.

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:

1 GENERAL

PART 1

GENERAL

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Norwich and Norfolk (Structural Changes) Order 2010 and shall come into force on the day after that on which it is made.

S-2 Interpretation

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 20003;

the 1972 Act” means the Local Government Act 19724;

“article 5 functions” means the other transitional functions referred to in article 5;

“existing” means existing on the day on which this Order is made;

“Norwich”, except the second mention of that word in article 3(2), in article 3(3), and in the expressions “the Norwich county electoral divisions” and “Norwich City Council”, means the city of Norwich;

“Norwich City Council” means the non-metropolitan district council of that name5;

“the Norwich county electoral divisions” means the existing county electoral divisions of Bowthorpe, Catton Grove, Crome, Eaton, Lakenham, Mancroft, Mile Cross, Nelson, Sewell, Thorpe Hamlet, Town Close, University and Wensum that are established by article 3 of the County of Norfolk (Electoral Changes) Order 20056;

“the 2011 election day” means the ordinary day of election of councillors7in 2011;

“the Implementation Executive” means the body established (whether before or after the coming into force of this Order) for the purposes of article 4(3);

“the main transitional function” has the meaning given by article 4(1);

“the proper officer”, in relation to any purpose and Norwich City Council or Norfolk County Council, means the officer appointed for that purpose by that council; and

“the transitional period” means the period beginning on the date when this Order comes into force and ending on the fourth day after the 2011 election day.

2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN NORWICH

PART 2

ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN NORWICH

S-3 Single tier local government in Norwich

Single tier local government in Norwich

3.—(1) On 1st April 2011 Norwich shall cease to form part of the county of Norfolk.

(2) For the purposes of enactments relating to local government, there shall be a new county, whose area shall be co-terminous with that of Norwich; and the name of that new county shall be Norwich.

(3) In relation to the county of Norwich, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.

(4) On and after 1st April 2011 Norwich City Council shall be the sole principal council for Norwich.

(5) On 1st April 2011—

(a)

(a) the Norwich county electoral divisions shall cease to exist; and

(b)

(b) the term of office of the persons who, immediately before that date, are the elected members of Norfolk County Council for those divisions shall expire.

3 TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE

PART 3

TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE

S-4 Main transitional function and Implementation Executive

Main transitional function and Implementation Executive

4.—(1) On the coming into force of this Order until the end of the transitional period, there shall be added to the functions of Norwich City Council and Norfolk County Council the function of preparing for and facilitating the economic, effective, efficient and timely transfer to Norwich City Council of Norfolk County Council’s functions, property, rights and liabilities, in so far as they relate to Norwich (“the main transitional function”).

(2) Throughout the transitional period, section 14 of the 2000 Act (discharge of functions: general)8shall have effect in relation to Norwich City Council and—

(a)

(a) the main transitional function, and

(b)

(b) the article 5 functions,

as if, in subsection (1), after the words “19 or 20,” there were inserted “or under the Norwich and Norfolk (Structural Changes) Order 2010”.

(3) Norwich City Council’s executive arrangements shall provide for the discharge of the main transitional function and the article 5 functions to be the responsibility, throughout the transitional period, of a committee of the City Council’s executive9, to be known as the Implementation Executive.

(4) Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply throughout the transitional period to, or in relation to, the Implementation Executive subject to paragraphs (5), (6) and (8) to (11) of this article and article 6(2) and (3); 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).

(5) The Implementation Executive shall consist of—

(a)

(a) the person who, for the time being, is the leader of Norwich City Council’s executive;

(b)

(b) eleven other persons nominated by that Council who, for the time being, are members of that Council; and

(c)

(c) six persons nominated by Norfolk County Council who are for the time being members of that Council elected for any of the Norwich county electoral divisions.

(6) In making the nominations referred to in paragraph (5)(b) and (c), Norwich City Council and Norfolk County Council shall, to the extent that it is practicable to do so, secure that at all times the Conservative Party, the Labour Party, the Liberal Democrat Party and the Green Party are each represented on the Implementation Executive by at least one member.

(7) It shall be the duty of Norwich City Council and Norfolk County Council to co-operate in the establishment of the Implementation Executive.

(8) The leader of the Implementation Executive shall be the person who is for the time being the leader of Norwich City Council’s executive.

(9) The persons who, immediately before 1st April 2011, are members of the Implementation Executive by virtue of paragraph (5)(c) shall continue as members of the Implementation Executive notwithstanding that they cease on that date to be members of Norfolk County Council.

(10) The Implementation Executive shall regulate its own proceedings, but a question to be decided by that Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Implementation Executive) having one vote.

(11) In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Implementation Executive) shall have a casting vote, in addition to any other vote the person may have.

S-5 Other transitional functions of the Implementation Executive

Other transitional functions of the Implementation Executive

5.—(1) The other transitional functions which are to be exercisable only during the transitional period are—

(a)

(a) the existing executive and non-executive functions of Norwich City Council and Norfolk County Council; and

(b)

(b) such other functions (including functions conferred on or after the day on which this Order is made on local authorities generally or on particular classes of local authority),

as, by any of the means mentioned in paragraph (2), the Secretary of State specifies as a function or responsibility of the Implementation Executive.

(2) The means referred to in paragraph (1) are—

(a)

(a) this Order,

(b)

(b) a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend)10,

(c)

(c) an order under section 20 of the 2007 Act (correction of orders), and

(d)

(d) regulations under section 14 of the 2007 Act (regulations for supplementing orders).

S-6 Discharge of functions by Implementation Executive

Discharge of functions by Implementation Executive

6.—(1) The discharge of the main transitional function and the article 5 functions shall be a responsibility, throughout the transitional period, of the Implementation Executive.

(2) Section 14(5) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an officer of the authority) shall have effect in the transitional period in relation to the Implementation Executive as if the reference to an officer of the authority included a reference to—

(a)

(a) a sub-committee of the Implementation Executive, and

(b)

(b) an officer of Norfolk County Council.

(3) Section 14(6) of the 2000 Act (which enables the discharge of a function by a person despite that person...

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