The Local Government Changes for England Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

The Local Government Changes for England Regulations 1994 (“the 1994 Regulations”) make incidental, consequential, transitional and supplementary provision of general application for the purposes, or in consequence, of orders made by the Secretary of State under section 17 of the Local Government Act 1992 to give effect to recommendations of the Local Government Commission for England for structural and boundary changes.

Such orders may establish new local government areas as a result of boundary changes and provide for elections to the authorities for these new areas in the period before all the functions of local authorities are transferred to such authorities. In the 1994 Regulations such authorities are referred to as “shadow authorities”.

Regulation 11(6) of the 1994 Regulations applies Part V of the Local Government Act 1972 (general provisions as to members of local authorities) to shadow authorities. These Regulations amend the 1994 Regulations to provide that section 79 of that Act (which provides, amongst other things, that a person is qualified to be elected as a member of a local authority if he has occupied premises, resided or worked in the area of that authority the whole of the twelve months preceding nomination day) shall have effect in relation to a candidate for election to a shadow authority as if the area of that authority had been established not less than 12 months before that day.