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The Nottinghamshire (City of Nottingham) (Structural Change) Order 1996

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PART IILOCAL GOVERNMENT REORGANISATION IN NOTTINGHAM

Structural change

3.  The functions of the County Council in relation to Nottingham shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Nottingham City Council.

Fire services

4.  (1)  In this article—

“the 1947 Act” means the Fire Services Act 1947(1); and

“the relevant area” means the area comprising Nottinghamshire (as constituted on and after the reorganisation date) and Nottingham.

(2) Nottingham shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.

(3) For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if—

(a)in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Nottinghamshire”; and

(b)in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Nottinghamshire”.

(4) Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.

Planning functions

5.  (1)  The structure plan applying immediately before the reorganisation date to Nottinghamshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the County Council and the Nottingham City Council; and section 50 of the Town and Country Planning Act 1990(2) (“the 1990 Act”) shall apply accordingly.

(2) In relation to the Nottingham City Council—

(a)section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;

(b)subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and

(c)subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following—

or

(c)include their waste policies in their local plan..

Constitution of new county of Nottingham

6.  (1)  Nottingham shall cease to form part of Nottinghamshire.

(2) A new county shall be constituted comprising the area of Nottingham and shall be named the county of Nottingham.

(3) Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Nottingham.

(1)

1947 c. 41; section 10 of this Act is amended by paragraph 2 of Schedule 3 to the Local Government Act 1992.

(2)

1990 c. 8. In this Act, sections 36 to 38 were substituted by paragraph 17 of Schedule 4 to the Planning and Compensation Act 1991 (c. 34) and section 50 was amended by paragraph 24 of that Schedule.

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