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The Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009 No. 837

PART 2AMENDMENT OF ORDERS UNDER PART 1 OF THE LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH ACT 2007

Amendment of the Bedfordshire (Structural Changes) Order 2008

2.  (1)  The Bedfordshire (Structural Changes) Order 2008 is amended as follows.

(2) In article 16 (duties of shadow authority: executive arrangements, code of conduct and members’ allowances), after paragraph (5) insert—

(5A) The persons who, on the coming into force of the Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009, are the members of the shadow executive shall—

(a)continue as members of that executive, and

(b)on and after 1st April 2009, shall be the members of the Central Bedfordshire Council’s executive for the purposes of Part 2 of the Local Government Act 2000,

until the end of the shadow period, notwithstanding the dissolution on that date of the County Council and district councils by which they were nominated.

(5B) If a member of the executive constituted as mentioned in paragraph (5A)(b) ceases to be a member of that executive before the end of the shadow period, the Central Bedfordshire 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.;

(3) In article 26(1) (cancellation of parish council elections in Bedfordshire in 2008, etc)—

(a)after sub-paragraph (a) insert—

(aa)the term of office of those councillors elected in 2004 or at any subsequent election before the 2009 election day for the council of those parishes referred to in sub-paragraph (a) shall end on the fourth day thereafter;;

(b)for sub-paragraph (b) substitute—

(b)elections for the return of councillors to the council of the parishes referred to in sub paragraph (a) shall be held on the 2009 election day;;

(c)after sub-paragraph (b) insert—

(ba)elections shall not be held in 2010 for the return of councillors to the council of the parishes of Bolnhurst and Keysoe, Caddington, Dean and Shelton, Eaton Bray, Elstow, Harrold, Hyde, Oakley, Odell, Pertenhall and Swineshead, Podington, Riseley, Slip End, Wilshamstead and Wymington;

(bb)the term of office of those councillors elected in 2006 or at any subsequent election before the 2011 election day for the council of those parishes referred to in sub-paragraph (ba) shall end on the fourth day thereafter;.

Amendment of the Cornwall (Structural Change) Order 2008

3.  In the Cornwall (Structural Change) Order 2008 in article 3 (single tier local government in Cornwall) after paragraph (2) insert the following—

(3) If the council for the county of Cornwall passes a resolution that the word “County” should be omitted from its name, its name shall be “The Cornwall Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council..

Amendment of the Northumberland (Structural Change) Order 2008

4.  In the Northumberland (Structural Change) Order 2008 in article 3 (single tier local government in Northumberland) after paragraph (2) insert the following—

(3) If the council for the county of Northumberland passes a resolution that the word “County” should be omitted from its name, its name shall be “The Northumberland Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council. .

Amendment of the Shropshire (Structural Change) Order 2008

5.  In the Shropshire (Structural Change) Order in article 3 (single tier local government in Shropshire) after paragraph (2) insert the following—

(3) If the council for the county of Shropshire passes a resolution that the word “County” should be omitted from its name, its name shall be “The Shropshire Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council. .

Amendment of the Wiltshire (Structural Change) Order 2008

6.  In the Wiltshire (Structural Change) Order 2008 in article 3 (single tier local government in Wiltshire) after paragraph (2) insert the following—

(3) If the council for the county of Wiltshire passes a resolution that the word “County” should be omitted from its name, its name shall be “The Wiltshire Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council. .

Amendment of the County Durham (Structural Change) Order 2008

7.  In the County Durham (Structural Change) Order 2008 in article 3 (single tier local government in Durham) after paragraph (2) insert the following—

(3) If the council for the county of Durham passes a resolution that the word “County” should be omitted from its name, its name shall be “The Durham Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal counties in England) shall cease to apply so far as it prescribes the name of that council. .

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