The Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order gives effect to the recommendations by the Local Government Commission for England in respect of the structure of local government in the county of Hereford and Worcester by providing for the abolition of the existing county, the constitution of a new district of Herefordshire (in which there will be only a single principal tier of local government) and the constitution of a new county of Worcestershire (in which there will be two principal tiers of local government). It also provides for the constitution of a new district of Malvern Hills within the new county of Worcestershire.

Articles 3 and 4 provide for the constitution of the new districts of Malvern Hills (comprising the areas mentioned in Schedule 1) and Herefordshire and of a new county of Worcestershire. The map forming part of this Note shows, as a general guide only, the boundary of the new county and districts.

Article 5 provides for the abolition, on 1st April 1998, of existing local government areas and the councils of those areas.

Articles 6 to 9 and Schedules 2 to 4 make provision in relation to the election of councillors of the councils of the new districts and county in 1997 and subsequent years. Article 10 makes specific provision in respect of returning officers for the first elections in 1997.

Article 11 makes provision for the suspension of the elections to the existing Hereford and Worcester County Council in 1997 and in respect of casual vacancies occurring in the office of councillor of a local authority which is to be abolished on the reorganisation date.

Article 12 effects a structural change by providing for the transfer, on 1st April 1998, of the functions (other than structure plan functions) of the existing Hereford and Worcester County Council in relation to the new district of Herefordshire to the council of that district.

Article 13 provides that the council of the new district of Herefordshire, as a local planning authority, shall prepare a unitary development plan for its area instead of separate structure and local plans and makes consequential modifications of the Town and Country Planning Act 1990.

Article 14 makes provision for the purposes of subordinate legislation to be made under the Fire Services Act 1947 in respect of fire services.

Article 15 specifies designated authorities for the purposes of regulations relating to finance, the transfer of property, rights and liabilities and certain employment liabilities.

Article 16 vests the superannuation fund of Hereford and Worcester County Council in the council of the new county of Worcestershire.

Article 17 makes provision for the vesting of archives and other collections.

Article 18 amends the provisions of the Malvern Hills Act 1924 relating to the appointment of the Malvern Hills Conservators.

Articles 19 to 23 make transitional provision, including provision with respect to preparations for implementation of the reorganisation.

Areas as from 1 April 1993