The Local Government Changes for England (Amendment) Regulations 1996

Statutory Instruments

1996 No. 611

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Changes for England (Amendment) Regulations 1996

Made

7th March 1996

Laid before Parliament

11th March 1996

Coming into force

1st April 1996

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 19 and 26 of the Local Government Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Local Government Changes for England (Amendment) Regulations 1996 and shall come into force on 1st April 1996.

Amendment of the 1994 Regulations

2.—(1) The Local Government Changes for England Regulations 1994(2) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1(2) (application)—

(a) for “itself or” substitute “itself,”; and

(b) after “that Act” insert “or in any other relevant provision.”(3)

(3) In regulation 5 (references in enactments)(4) —

(a) for paragraphs (1) to (8) substitute—

“(1) This regulation shall have effect on and after the reorganisation date and in this regulation—

“provision” means a provision in any enactment (whenever enacted) other than the order; and

“relevant area” means a local government area or an electoral area.

(2) Subject to paragraph (3) below, where, immediately before the reorganisation date, a provision applies to the whole of a named relevant area which is altered by the order—

(a) the provision shall apply to the whole of the area as altered; and

(b) any reference in the provision to that area shall be construed as a reference to the area as so altered.

(3) Where, immediately before the reorganisation date, a provision applies to the whole of a named county and on that date —

(a) the county is altered so that a district in the county ceases to form part of the county; and

(b) the district does not become comprised in an area for which there is a county council,

the provision shall apply to the whole of the district; and any reference in the provision to the county shall, for the purposes of its application to the district, be construed as including a reference to the district.

(4) Where, immediately before the reorganisation date, a provision applies to the whole of a named local government area (being the area of a transferor authority) which is abolished by the order—

(a) the provision shall apply to so much of any transferee authority’s area as comprises a transferred area; and

(b) any reference in the provision to the abolished area shall be construed as a reference to the transferred area.

(5) A provision (other than one mentioned in paragraph (2), (3) or (4) above) which, immediately before the reorganisation date, applies to an area (however defined) which is affected by the order shall continue to apply to, but only to, the area to which it applied immediately before that date.

(6) In relation to an area for which there is a district council but no county council, any reference in a provision to a county council or a county shall, so far as is required for giving effect to the provision, be construed as including a reference to a district council or, as the case may be, a district.

(7) In relation to an area for which there is a county council but no district councils, any reference in a provision to a district council or a district shall, so far as is required for giving effect to the provision, be construed as including a reference to a county council or, as the case may be, a county.

(8) Any provision which applies to an area as mentioned in this regulation shall have effect subject to such other modifications (including, in particular, modifications of references to named local authorities) as are necessary for the purpose of securing the full and effective application of the provision.; and”

(b) after paragraph (10), add—

“(11) Nothing in this regulation or the order shall be construed as altering the geographical areas or the roads or lengths of roads to which a provision made under the Road Traffic Regulation Act 1984 applies.”(5)

(4) Delete regulation 23 (coroners).

Signed by authority of the Secretary of State

David Curry

Minister of State,

Department of the Environment

7th March 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Government Changes for England Regulations 1994 (“the 1994 Regulations”).

Regulation 5 of the 1994 Regulations is amended by the substitution of more detailed provision to deal with the application and construction of provisions of enactments which relate to areas affected by local government reorganisation in England.

Regulation 23 of the 1994 Regulations is revoked. On and after 1st April 1996, compensation for coroners affected by local government reorganisation will be governed by the Local Government Reorganisation (Compensation for Loss of Remuneration) Regulations 1995 (S.I. 1995/2837) as amended by S.I. 1996/660.

Other minor and drafting amendments are made.

(1)

1992 c. 19.

(2)

S.I. 1994/867; amended by S.I. 1995/590, 1055 and 1748 and 1996/330.

(3)

A definition of “relevant provision” was inserted by regulation 2(2)(b) of S.I. 1995/1748.

(4)

Relevant amendments are made by regulation 2(2)(b) and (c) and (4) of S.I. 1995/1748 and regulation 2(a) of 1996/330.

(5)

1984 c. 27.