The Somerset West and Taunton (Local Government Changes) Order 2018

JurisdictionUK Non-devolved
CitationSI 2018/649

2018 No. 649

Local Government, England

The Somerset West and Taunton (Local Government Changes) Order 2018

Made 25th May 2018

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by sections 10, 11, 12 and 13 of the Local Government and Public Involvement in Health Act 20071(“the 2007 Act”), makes the following Order.

This Order implements a proposal under section 8(2A)2of the 2007 Act that there should be a new non-metropolitan district and council for Somerset West and Taunton.

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 2007 Act.

1 General

PART 1

General

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Somerset West and Taunton (Local Government Changes) Order 2018 and comes into force on the day after that on which it is made.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order—

the 1972 Act” means the Local Government Act 19723;

the 1989 Act” means the Local Government and Housing Act 19894;

the 2000 Act” means the Local Government Act 20005;

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

“2019 election day” means the ordinary day of election of councillors in 20196;

“the District Councils” means West Somerset District Council and Taunton Deane Borough Council;

“Somerset West and Taunton” means the local government area of Somerset West and Taunton constituted by article 3.

2 Establishment of single district council in Somerset West and Taunton

PART 2

Establishment of single district council in Somerset West and Taunton

Establishment of Somerset West and Taunton district
S-3 Establishment of Somerset West and Taunton district

Establishment of Somerset West and Taunton district

3.—(1) On 1st April 2019 there is constituted a new non-metropolitan district in the county of Somerset, whose area is co-terminous with that of the District Councils.

(2) The name of that new district is Somerset West and Taunton.

Establishment of Somerset West and Taunton Council
S-4 Establishment of Somerset West and Taunton Council

Establishment of Somerset West and Taunton Council

4.—(1) A new non-metropolitan district council, to be known as Somerset West and Taunton Council, is constituted as the non-metropolitan district council for Somerset West and Taunton.

(2) Except for the purposes of Part 4 of this Order (electoral matters) until 1st April 2019—

(a)

(a) Somerset West and Taunton Council is not a local authority for the purposes of the 1972 Act or for any other enactment relating to local government;

(b)

(b) subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) has effect in relation to that council as if the words from “and the council” to the end of that subsection were omitted.

Abolition of West Somerset and Taunton Deane districts and the District Councils
S-5 Abolition of West Somerset and Taunton Deane districts and the District Councils

Abolition of West Somerset and Taunton Deane districts and the District Councils

5.—(1) On 1st April 2019—

(a)

(a) the West Somerset and Taunton Deane districts are abolished as local government areas;

(b)

(b) the District Councils are wound up and dissolved.

(2) The term of office of persons serving as councillors of the District Councils immediately before 1st April 2019 ends on that date.

(3) Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of the District Councils where that vacancy arises after 30th September 2018 and before 1st April 2019.

3 Transitional functions and their discharge

PART 3

Transitional functions and their discharge

Interpretation of Part 3
S-6 Interpretation of Part 3

Interpretation of Part 3

6. In this Part—

“shadow authority” means an authority (not being a local authority) which will become a local authority on 1st April 2019;

“shadow executive” has the meaning given in article 8(1); and

“the shadow period” means the period beginning with the day on which this Order comes into force and ending on the fourth day after the 2019 election day.

Somerset West and Taunton Council as shadow authority
S-7 Somerset West and Taunton Council as shadow authority

Somerset West and Taunton Council as shadow authority

7.—(1) During the shadow period, Somerset West and Taunton Council is a shadow authority for the purposes of the following provisions of this Part.

(2) Subject to paragraph (5), the members of the shadow authority are the persons who, on the coming into force of this Order, are councillors of the District Councils.

(3) Those persons are to be members of the shadow authority throughout the shadow period notwithstanding the dissolution of the District Councils on 1st April 2019.

(4) The proper officer of the District Councils must convene, and make all necessary arrangements for, the first meeting of the shadow authority, which is to be held not later than 14 days after the coming into force of this Order.

(5) Where, after the coming into force of this Order and before 1st October 2018, a by-election is held to fill a casual vacancy arising in any ward of the District Councils, the person elected at the election is to be a member of the shadow authority.

Duties of shadow authority: executive arrangements, code of conduct and members’ allowances
S-8 Duties of shadow authority: executive arrangements, code of conduct and members’ allowances

Duties of shadow authority: executive arrangements, code of conduct and members’ allowances

8.—(1) At its first meeting, the shadow authority must, in accordance with paragraphs (2) and (3), create a leader and cabinet executive within the meaning of Part 1A of the Local Government Act 20007(arrangements with respect to local authority governance) (“the shadow executive”).

(2) Section 9C of the 2000 Act has effect, for the purposes of paragraph (1), as if subsection (5) were omitted; and the shadow executive is to consist of—

(a)

(a) the two persons who are for the time being the leaders of the District Councils;

(b)

(b) three persons nominated by West Somerset District Council, each of whom is for the time being a member of that Council; and

(c)

(c) three persons nominated by Taunton Deane Borough Council, each of whom is for the time being a member of that Council.

(3) At its first meeting, the shadow authority must elect the leader and deputy leader of the shadow executive from among the members of the shadow executive.

(4) The District Councils must co-operate in the establishment of the shadow executive.

(5) The persons who, immediately before 1st April 2019, are the members of the shadow executive shall—

(a)

(a) continue as members of that executive, and

(b)

(b) on and after 1st April 2019, shall be the members of the Somerset West and Taunton Council’s executive for the purposes of Part 1A of the Local Government Act 2000,

until the end of the shadow period, notwithstanding the dissolution on that date of the District Councils by which they were nominated.

(6) If a member of the executive constituted as mentioned in paragraph (4)(b) ceases to be a member of that executive before the end of the shadow period, the Somerset West and Taunton Council may in accordance with the terms of the constitution of the Council nominate another member of the Council to be a member of its executive.

(7) With the exception of Chapter 4 (changing governance arrangements) the provisions of Part 1A of the 2000 Act, to the extent that they relate to a leader and cabinet executive, have effect in relation to the shadow authority as if—

(a)

(a) its executive were a leader and cabinet executive of a district council;

(b)

(b) the executive arrangements that it makes were executive arrangements of a district council;

(c)

(c) section 9E authorised its executive to delegate functions not only to officers of the shadow authority but also to officers of the District Councils.

(8) Chapter 7 of Part 1 of the Localism Act 20118(standards) applies in relation to the shadow authority as if—

(a)

(a) it were a district council (but not a principal authority in relation to a parish council); and

(b)

(b) references to co-opted members were omitted.

Duties of shadow authority: appointment of certain officers, etc.
S-9 Duties of shadow authority: appointment of certain officers, etc.

Duties of shadow authority: appointment of certain officers, etc.

9.—(1) At the first meeting of the shadow authority it must designate, on an interim basis, an officer of one of the District Councils—

(a)

(a) to be responsible for performing, in relation to the shadow authority, the duties imposed by—

(i) subsections (2) and (3) of section 5 (designation and reports of monitoring officer) of the Local Government and Housing Act 19899(“the 1989 Act”), and

(ii) subsections (2) and (5) of section 5A of the 1989 Act (reports of monitoring officer - local authorities operating executive arrangements), as applied by paragraph (5) (the “interim monitoring officer”);

(b)

(b) to be responsible for the administration of the financial affairs of the shadow authority (the “interim chief finance officer”);

(c)

(c) to be head of the shadow authority’s paid service and, accordingly, to be responsible for performing, in relation to the shadow authority, the duties imposed by subsections (2) and (4) of section 4 (designation and reports of head of paid service) of the 1989 Act (the “interim head of paid service”).

(2) The shadow authority may, at any time before 1st April 2019, appoint a person to become, on and after that date—

(a)

(a) the Somerset West and Taunton Council monitoring officer;

(b)

(b) that Council’s chief finance officer;

(c)

(c) that Council’s head of paid service.

(3) If the power conferred by paragraph (2) is not...

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