The Local Government (Changes for the Registration Service in Avon, Cleveland, Humberside and North Yorkshire) Order 1995

Statutory Instruments

1995 No. 3105

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Changes for the Registration Service in Avon, Cleveland, Humberside and North Yorkshire) Order 1995

Made

30th November 1995

Laid before Parliament

1st December 1995

Coming into force

22nd December 1995

The Secretary of State for Health, in exercise of the powers conferred by sections 17(1) and (4) and 26(5)(b) of the Local Government Act 1992(1) and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government (Changes for the Registration Service in Avon, Cleveland, Humberside and North Yorkshire) Order 1995 and shall come into force on 22nd December 1995.

(2) In this Order, unless the context otherwise requires—

“the 1949 Act” means the Marriage Act 1949(2);

“the 1953 Act” means the Registration Service Act 1953(3);

“the 1992 Act” means the Local Government Act 1992;

“approved registration scheme” means a scheme submitted to the Secretary of State in accordance with article 2 of this Order and approved by the Secretary of State(4) under section 14 of the 1953 Act(5);

“district” means a registration district for the purposes of section 5 of the 1953 Act(6);

“new authority” means the authorities to which the functions of an old authority are transferred by an order made under section 17 of the 1992 Act, being: North West Somerset District Council, Bath and North East Somerset District Council, South Gloucestershire District Council and the City of Bristol District Council(7); Hartlepool Borough Council, Middlesbrough Borough Council, Stockton Borough Council and Redcar and Cleveland Borough Council(8); East Riding of Yorkshire District Council, the City of Kingston upon Hull District Council, North Lincolnshire District Council and North East Lincolnshire District Council(9); and York District Council(10).

“old authority” means Avon County Council, Cleveland County Council, Humberside County Council and North Yorkshire County Council, being local authorities from which functions are transferred to a new authority by an order made under section 17 of the 1992 Act(11);

“registration officer” means any superintendent registrar or registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act and “office” shall be construed accordingly; and

“sub-district” means a registration sub-district for the purposes of section 5 of the 1953 Act.

Local Registration Service

2.—(1) Each new authority shall not later than 15th January 1996 submit to the Secretary of State a scheme for the purposes of section 13 of the 1953 Act, and section 13(2) and (3) (provision to be made by local scheme) and section 14(4) (approval of schemes by the Secretary of State) of the 1953 Act shall apply to any scheme so submitted.

(2) If a new authority fails to submit a scheme in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, submit to the Secretary of State a scheme for the purposes of section 13 of the 1953 Act and any scheme so prepared by him, if approved by the Secretary of State, shall have effect as if it were a scheme submitted by the new authority and approved by the Secretary of State.

(3) Subject to any further scheme made by a new authority and approved by the Secretary of State under section 14 of the 1953 Act, the approved registration scheme shall have effect for the organisation of the registration service in the area of the authority to which it relates from 1st April 1996.

Transfer of Registration Officers

3.—(1) This article applies to any registration officer—

(a) who immediately before 1st April 1996 holds office in or for a district or sub-district in the area of an old authority under an appointment made by that authority;

(b) who would have continued to hold that office after 1st April 1996 but for the abolition of that authority or the transfer of local government functions from that authority to a new authority; and

(c) whose name is mentioned in column (1) of the Schedule to this Order.

(2) Every registration officer to whom this article applies shall, on 1st April 1996—

(a) be transferred from the old authority mentioned in column (2) of the Schedule to this Order opposite his name to the new authority mentioned in column (3) of that Schedule opposite his name; and

(b) if an office is allocated to him in accordance with article 4 of this Order, become the holder of that office as if he had been appointed to it by the new authority.

(3) Any provision in this Order for the transfer of a person not engaged whole-time as a registration officer shall apply only to his office as a registration officer.

Allocation of Staff

4.—(1) Each new authority shall not later than 15th February 1996 submit to the Registrar General proposals for allocating to the posts described in the approved registration scheme for the area of the authority the registration officers who may, pursuant to paragraph (2) of article 3 of this Order, be transferred to the new authority on 1st April 1996.

(2) Not later than the day on which proposals under paragraph (1) of this article are submitted to the Registrar General, the new authority shall send a copy of the proposals to every registration officer affected by them and the Registrar General, after considering any representations with respect to the proposals made by any such officer within a period of fourteen days after the submission of the proposals, may approve the proposals with or without modifications.

(3) The new authority shall allocate the officers who are transferred to the new authority pursuant to paragraph (2) of article 3 of this Order to the posts described in the approved registration scheme for the area of the authority in accordance with the proposals approved by the Registrar General under paragraph (2) of this article.

(4) If any new authority fails to submit proposals in accordance with paragraph (1) of this article, the Registrar General may determine the allocation of officers to the posts described in the approved registration scheme for the area of the authority and any allocation so determined shall have effect as if it had been proposed by the new authority and approved by the Registrar General.

Registration Officers to be Treated as Employees for Certain Purposes

5.  For the purposes of any order made under section 23 of the 1992 Act (staff commissions)(12) and regulations 3 (continuity of employment), 4 (transfers of staff) and 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 1995(13) any registration officer shall, as respects his office, be treated as employed by the old authority by which he was appointed and, on and after 1st April 1996, as an officer in the employment of the new authority to which he is transferred in accordance with article 3(2) of this Order, and any reference in such order or in those regulations—

(a) to “employed”, “employment”, “employee”(14) or “employer” shall be construed accordingly; and

(b) to a “contract of employment” shall be construed as a reference to the terms and conditions of the registration officer’s appointment.

Signed by authority of the Secretary of State for Health

R. R. Horam

Parliamentary Under Secretary of State

Department of Health

30th November 1995

Article 3

SCHEDULE

(1)	(2)	(3)
Name of Officer	Old Authority	New Authority
Mrs Shirley Jones	Avon	Bath and North East Somerset
John McSweeney
Mrs Margaret A Parkes
Miss Hilary E Jenkins
Robert Saunders
Mrs Sheila M Morris
Mrs Betty M Jones
Mrs Rita A Colborne
Miss Michelle Crouch
Mrs Jacqueline Naish
Mrs Doreen C Rosinski
Mrs Francine E Lawrence
Michael Brierley	Avon	City of Bristol
Mrs Helen C Lee
Mrs Muriel A Chambers
Mrs Siobhan H Nash
Mrs Breeda A Morton
Mrs Monica Nicholls
Mrs Betty B Hazell
Mrs Carolyn M Murnan
Mrs Elizabeth A Matthews
Mrs Anne H R Bragg
Miss Lorraine A Thomas
Mrs Judith A Vickers
Mahboob Sattar
Mrs Maureen Dewhurst
Mrs Lesley P Durston
Robert O'Neill
Mrs Christine M Bowring
Mrs Angela J Butt
Mrs L Judith Harris
Russell A J Underwood
Mrs Jennifer M Palmer
Mrs Janet P Thorne
Mrs Mary Glanvill
Mrs Glynis F Hartland	Avon	North West Somerset
Miss Diane Britton
Edward P Barry
Mrs Louise A Pople
Mrs Jacqueline M Griffiths
Mrs Sandra J Lamb
Mrs Susan G Sargent
Mrs Marilyn Heffer	Avon	South Gloucestershire
Mrs Maureen Thompson
Mrs Catherine M Batchelor
Mrs Rosalyn A Tasker
Peter Spires	Cleveland	Hartlepool
Mrs Valerie Dear
Mrs Margaret E Cosgrave
Mrs Dianne V Scott
Mrs Margery Maughan
Mrs Lesley Morrell
Robert P Wills	Cleveland	Middlesbrough
Miss June L Thomas
Mrs Barbara P Schweitzer
Miss Annette Meek
Mrs Dawn L Galloway
Mrs Sarah J Buckton
Mrs Susan Day
Mrs Jean Merigold	Cleveland	Redcar and Cleveland
Mrs Margaret Cheall
Mrs Moira Stockdale
Mrs Judith McDonald
Mrs Elva Pearson
Miss Susan M Coulthard	Cleveland	Stockton
Miss Antoinette Harris
Mrs Lesley M Elliott
Mrs Valerie J Fowler
Brian D Burr
Mrs Anne Woodward
Mrs Marcia Sidgwick
Bernard Bright	Humberside	City of Kingston upon Hull
Mrs Leni M Eves
Ronald Wynn
Peter Ingamells
Mrs Susan J K Musgrave
Mrs Beryl H Stocks
Mrs Sheila Shillito
Mrs Susan E Plows
Miss Wendy Saverton
Mrs Primrose A Welford
Alan Robinson	Humberside	North East Lincolnshire
Mrs Allison L Fisher
Mrs Beverley A Hinson
Mrs Sally L Bacon
Mrs Diana J Green
Mrs Denise Bryan
Mrs Anne Butler
Mrs Sara Lawrance
Mrs Jill F Robinson	Humberside	North Lincolnshire
Mrs Kay Lazenby
Mrs Julia M Ross
Mrs Alison E Croft
Mrs Lynn Taylor
Mrs Christine Bradbury
Mrs Pamela J Gollings
James C F Chorlton	Humberside	The East Riding of Yorkshire
Miss Susan E Thompson
Mrs Margaret Oxtoby
Mrs Judith A Dixon
Mrs Barbara Grinnell
Mrs Elizabeth E Sharp
Mrs Vera McCafferty
Mrs Sybil N Wilson
Mrs Susan E Dodsworth
Miss Margaret Clark
Mrs Brenda Glover
Mrs Audrey E Harper
Mrs Audrey Fisher
Mrs Marie Biglin
Mrs June M Hancock
Mrs Eileen Underwood
Mrs Margaret M Dove
Mrs Dorothy Parker
Mrs Anne Leetham
Mrs Amanda J Sykes
Mrs Jennifer Huxtable
Mrs Ann Walker
Mrs Mary Sleight
Robert T Livesey	North Yorkshire	York
Mrs Dorothy H Masterson
Mrs Margaret J Jenkins
Brian G Miles
Mrs Silvana Livesey
John M Ramsden
Mrs P Anne Spencer
Miss Hazel Morrill

Explanatory Note

(This Note is not part of the Order)

This Order provides for changes to the local registration service in Avon, Cleveland, Humberside and North Yorkshire, in consequence of structural and boundary changes in those areas made by Orders under section 17 of the Local Government Act 1992.

Article 2 provides for schemes to be made by the councils of the new districts establishing registration districts and sub-districts, determining the location of registration offices and the number of superintendent registrars, registrars of births and deaths and other officers required for the purpose of the Registration Acts. Registration officers holding office immediately before 1st April 1996 will be transferred by the Order on that date to one of the new authoritie under Article 3 and Article 4 provides for the allocation of the posts described in the registration scheme to individual officers transferred.

Transitional provisions with regard to notices given and certificates issued under the Marriage Act 1949; marriages to be solemnised before registration officers, and the registration of births and deaths are to be found in the Local Government Changes for England Regulations 1994 (S.I. 1994/867).

(1)

1992 c. 19.

(2)

1949 c. 76.

(3)

1953 c. 37.

(4)

Section 14 requires the approval of “the Minister” which, by virtue of section 21(1) of the 1953 Act means the Minister of Health. The functions of the Minister of Health were transferred to the Secretary of State by virtue of the Secretary of State for Social Services Order 1968 (S.I. 1968/1699).

(5)

Section 14 was amended by section 251 of and paragraph 41(2) of Schedule 29 to the Local Government Act 1972 (1972 c. 70).

(6)

Section 5 was amended by section 251 of and paragraph 41(1) of Schedule 29 to the Local Government Act 1972.

(7)

By article 11 of The Avon (Structural Change) Order 1995 (S.I. 1995/493) the functions of Avon County Council in relations to each Avon district (as defined in that Order) are transferred to these authorities.

(8)

By article 3(1) of The Cleveland (Structural Change) Order 1995 (S.I. 1995/187) the functions of Cleveland County Council in relation to each Cleveland borough (as defined in that Order) are transferred to these authorities. By virtue of section 245 of the Local Government Act 1972, district councils are able to petition Her Majesty for the grant of borough status. All the district councils in Cleveland have been granted that status.

(9)

By article 9 of The Humberside (Structural Change) Order 1995 (S.I. 1995/600) the functions of Humberside County Council in relation to each Humberside district (as defined in that Order) are transferred to these authorities.

(10)

By article 10 of The North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 (S.I. 1995/610) the functions of North Yorkshire County Council in relation to the new district of York (as defined in that Order) are transferred to this authority.

(11)

See S.I. 1995/493, S.I. 1995/187, S.I. 1995/600 and S.I. 1995/610.

(12)

See S.I. 1993/1098.

(13)

S.I. 1995/520.

(14)

“Staff” in section 23 includes “employee” by virtue of section 28(1).