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The Charter Trustees (Hereford) Order 1998

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Statutory Instruments

1998 No. 582

LOCAL GOVERNMENT, ENGLAND AND WALES

The Charter Trustees (Hereford) Order 1998

Made

5th March 1998

Laid before Parliament

11th March 1998

Coming into force

1st April 1998

The Secretary of State, in exercise of the powers conferred upon him by sections 17(4) and 26 of the Local Government Act 1992(1), and of all other powers enabling him in that behalf, in relation to the provisions of the Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996(2), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Charter Trustees (Hereford) Order 1998 and shall come into force on 1st April 1998.

Interpretation

2.  In this Order—

“the 1996 Regulations” means the Charter Trustees Regulations 1996(3);

“the establishment date” means 1st April 1998 and that date is, in relation to the charter trustees established by this Order, the establishment date for the purposes of the 1996 Regulations;

“existing”, in relation to an area, means as existing immediately before the establishment date.

Establishment of charter trustees

3.—(1) On the establishment date, there shall be established for the area of the existing city of Hereford a body corporate to be known as “the Charter Trustees of the City of Hereford”.

(2) The Charter Trustees of the City of Hereford shall consist of the councillors for the wards of the new district of Herefordshire wholly or partly comprising the area of the existing city of Hereford.

Privileges and rights of charter trustees

4.  The Charter Trustees established by article 3—

(a)may in every year elect one of their number to be city mayor and another to be deputy city mayor; and

(b)may, subject to any provision made by a grant under Her Majesty’s prerogative or any provision of a charter granted by Her Majesty under section 245 of the Local Government Act 1972(4), exercise any powers to appoint local officers of dignity exercisable immediately before the establishment date by the council of the existing city of Hereford.

Precepts

5.  For the purposes of regulation 13(2) of the 1996 Regulations, the amount specified in relation to the charter trustees established by article 3 is £86,550.

General provisions applicable to charter trustees

6.  Regulations 7 to 18 of the 1996 Regulations shall apply as provided for by regulation 6 (General provisions applicable to charter trustees) of those Regulations.

Signed by authority of the Secretary of State,

Nick Raynsford

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

5th March 1998

Explanatory Note

(This note is not part of the Order)

Part II of the Local Government Act 1992 deals with local government changes for England. By the Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996 (S.I. 1996/1867), made under section 17 of the Act, the Secretary of State gave effect to certain recommendations of the Local Government Commission for England in relation to Hereford. Section 17(4) empowers the Secretary of State to make supplementary provision in relation to previous orders under that section equivalent to that which may be contained in supplementary regulations made under section 19 of the Act. This order establishes charter trustees for Hereford and confers upon them powers, privileges and duties equivalent to those conferred by the Charter Trustees Regulations 1996 (S.I. 1996/263).

(2)

S.I. 1996/1867. This Order gave effect, with modifications, to recommendations of the Local Government Commission for England submitted with its report of December 1994.

(3)

S.I. 1996/263, as amended by the Charter Trustees (Amendment) Regulations 1996 (S.I. 1996/610).

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