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The Cleveland (Further Provision) Order 1995

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Statutory Instruments

1995 No. 1747

LOCAL GOVERNMENT, ENGLAND AND WALES

The Cleveland (Further Provision) Order 1995

Made

10th July 1995

Laid before Parliament

11th July 1995

Coming into force

Article 2

1st November 1995

Remainder

1st April 1996

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 17 and 26 of the Local Government Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  (1)  This Order may be cited as the Cleveland (Further Provision) Order 1995.

(2) Article 2 of this Order shall come into force on 1st November 1995 and all other articles shall come into force on 1st April 1996.

Cleveland County Council: casual vacancies

2.  Section 89 of the Local Government Act 1972 (filling of casual vacancies in case of councillors)(2)shall have effect, in relation to a casual vacancy occurring in the office of councillor for the county of Cleveland(3), as if the reference in that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to 1st April 1996.

Cleveland: boundary changes

3.  (1)  The county of Cleveland shall be abolished.

(2) A new county of Hartlepool shall be constituted comprising the area of the borough of Hartlepool

(3) A new county of Middlesbrough shall be constituted comprising the area of the borough of Middlesbrough.

(4) A new county of Redcar and Cleveland shall be constituted comprising the area of the borough of Redcar and Cleveland(4).

(5) A new county of Stockton-on-Tees shall be constituted comprising the area of the borough of Stockton-on-Tees.

(6) Section 2(1) of the Local Government Act 1972 (which provides that every county shall have a council) shall not apply in relation to the counties constituted by paragraphs (2) to (5) above.

Amendment of Schedule 1A to the Police Act 1964

4.  Schedule 1A to the Police Act 1964(5) (police areas) shall be amended by substituting for the words “The county of Cleveland” in the right-hand column opposite the name of the Cleveland police area the words “The non-metropolitan districts of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees”.

Signed by authority of the Secretary of State for the Environment

David Curry

Minister of State,

Department of the Environment

10th July 1995

Explanatory Note

(This note is not part of the Order)

The Cleveland (Structural Change) Order 1995 gives effect to a change in the structure of local government in the county of Cleveland on 1st April 1996. This Order makes further provision which is consequential on that Order.

Article 2 makes provision in respect of casual vacancies among councillors of the county of Cleveland during the six months before 1st April 1996.

Article 3 provides for the abolition of the county of Cleveland and for the constitution of four new counties (but without county councils) on the same boundaries as the existing districts in the county, all of which have been granted borough status.

Article 4 amends the description of the extent of the Cleveland police area.

(3)

The Cleveland County Council is to be abolished on 1st April 1996 by virtue of article 3(1) of the Cleveland (Structural Change) Order 1995 (S.I. 1995/187).

(4)

By virtue of article 9 of the Cleveland (Structural Change) Order 1995 the existing borough of Langbaurgh-on-Tees is, as from 1st April 1996, named the borough of Redcar and Cleveland.

(5)

Schedule 1A was inserted by Schedule 1 to the Police and Magistrates' Courts Act 1994 (c. 29).

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