The Buckinghamshire (Structural Changes) Order 2019

PART 2 ESTABLISHMENT OF SINGLE TIER OF LOCAL GOVERNMENT IN BUCKINGHAMSHIRE

Single tier of local government in Buckinghamshire

3.—(1) A new non-metropolitan district to be known as Buckinghamshire is constituted, being coterminous with Buckinghamshire and comprising the areas of the district councils.

(2) In relation to Buckinghamshire section 2(1) of the 1972 Act (which provides that every county shall have a council) does not apply.

(3) A new district council, to be known as Buckinghamshire Council, is established as the sole principal authority for the non-metropolitan district of Buckinghamshire.

(4) Except for the purposes of Part 4 of this Order (electoral matters), until 1st April 2020—

(a) Buckinghamshire Council is not a local authority for the purposes of the 1972 Act or for any other enactment relating to local government; and

(b) subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) has effect in relation to that council, as if the words from “and the council” to the end of that subsection were omitted.

Buckinghamshire County Council, the District Councils and their councillors

4.—(1) On 1st April 2020—

(a) the districts are abolished as local government areas; and

(b) the county council and the district councils are wound up and dissolved.

(2) The term of office of persons serving as councillors of the county council and the district councils immediately before 1st April 2020 ends on that date.

(3) Subject to paragraph (4), nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of the county council or district councils where that vacancy arises after 30th September 2019 and before 1st April 2020.

(4) Where, on the occurrence of a vacancy mentioned in paragraph (3) or in the case of a number of simultaneous vacancies, the total number of unfilled vacancies in the membership of the county council or district council (as the case may be) exceeds one third of the whole number of members of that council an election to fill the vacancy shall be held in accordance with section 89 of the 1972 Act.

(5) Where, in the circumstances mentioned in paragraph (4), the declaration mentioned in section 89(1)(a) has been made or the notice in writing mentioned in section 89(1)(b) of the 1972 Act has been given within thirty-five days of 1st April 2020 (computed in accordance with section 243(4) of the 1972 Act) an election shall not be held and any proceedings required by the Local Elections (Principal Areas) (England and Wales) Rules 2006(1) shall not be commenced.

(1)

S.I. 2006/3304.