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2.—(1) The Local Government Changes for England Regulations 1994(1) 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.”(2)
(3) In regulation 5 (references in enactments)(3) —
(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.”(4)
(4) Delete regulation 23 (coroners).
S.I. 1994/867; amended by S.I. 1995/590, 1055 and 1748 and 1996/330.
A definition of “relevant provision” was inserted by regulation 2(2)(b) of S.I. 1995/1748.
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.
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