The Derbyshire (City of Derby)(Structural Change) Order 1995

Explanatory Note

(This note is not part of the Order)

This Order gives effect to recommendations by the Local Government Commission for England in respect of the structure of local government in the city of Derby (“Derby”).

Article 3 effects the structural change by providing for the transfer, on 1st April 1997, of the functions of Derbyshire County Council in relation to Derby to the council of that city.

Articles 4 and 5 make provision in respect of the Derbyshire Police Authority.

Article 6 makes provision for the purposes of subordinate legislation which may be made under the Fire Services Act 1947 in respect of fire services.

Article 7 makes provision in relation to the Derbyshire structure plan and to enable the local plan prepared by the council of Derby under the Town and Country Planning Act 1990 to contain minerals and waste policies. Article 7 does not apply to any plan relating to the area of the Peak District National Park.

Article 8 provides for Derby to cease to form part of Derbyshire on 1st April 1997 and for a new county of Derby to be constituted on that date (but without a county council).

Article 9 makes provision for a whole council election in Derby in 1996 and for reversion to election by thirds in subsequent years.

Article 10 provides for the retirement on 6th May 1996 of existing city councillors for Derby and on 1st April 1997 of existing county councillors elected for divisions in Derby. It also provides in respect of casual vacancies in the office of a councillor who, by virtue of the Order, would retire before the day they would regularly have retired.