The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008

PART 4LOCAL AREA AGREEMENTS AND JOINT STRATEGIC NEEDS ASSESSMENTS

Preparation of new agreements and assessments

11.—(1) This regulation applies for the purposes of—

(a)the preparation, submission and approval of a local area agreement; and

(b)the preparation and publication of an assessment of relevant needs,

for the area of a single tier council.

(2) Part 5 of the 2007 Act shall have effect during the transitional period—

(a)in relation to a preparing council which is a district council as if it were a responsible local authority under sections 103 and 117 of that Act;

(b)in relation to a shadow council as if—

(i)it were a responsible local authority under sections 103 and 117 of that Act; and

(ii)the requirement in section 106(2)(c)(i) to have regard to its community strategy were a requirement to have regard to the community strategies of its predecessor councils (in so far as those strategies relate to the shadow council’s area); and

(c)in relation to a predecessor council which is a county council, as if it were a partner authority under sections 104 and 117 of that Act, and not a responsible local authority under sections 103 and 117.

(3) Where the predecessor council is a county council, its successor council and each partner PCT within the meaning of section 116 of the 2007 Act must consult with it when preparing an assessment of relevant needs under that section.

Application of existing agreements and assessments to a shadow council

12.  In relation to a local area agreement or an assessment of relevant needs of a predecessor council, Part 5 of the 2007 Act shall have effect as if a successor council which is a shadow council—

(a)were a partner authority(1);

(b)were a relevant district council for the purposes of section 116 of that Act.

(1)

See sections 104 and 117 of the 2007 Act.