The Buckinghamshire (Structural Changes) (Supplementary Provision and Amendment) Order 2020

Draft Order laid before Parliament under section 240(6) of the Local Government and Public Involvement in Health Act 2007, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2020 No.

Local Government, England

The Buckinghamshire (Structural Changes) (Supplementary Provision and Amendment) Order 2020

Made

***

Coming into force

1st April 2020

The Secretary of State makes this Order in exercise of the powers conferred by sections 7, 11 and 13 of the Local Government and Public Involvement in Health Act 2007(1) (“the 2007 Act”).

The incidental, consequential and supplementary provision made by this Order relates to the Buckinghamshire (Structural Changes) Order 2019(2) made under section 7 of the 2007 Act(3).

In accordance with section 240(6) of the 2007 Act, a draft of this Order was laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Buckinghamshire (Structural Changes) (Supplementary Provision and Amendment) Order 2020 and comes into force on 1st April 2020.

Amendment of the Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004

2.—(1) The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004(4) is amended in accordance with paragraphs (2) and (3).

(2) For article 5 (appointment of local authority members) substitute—

“5.— (1) Subject to paragraph (2), each local authority specified in Schedule 1 (being collectively the local authorities for the areas wholly or partly comprised in the Chilterns Area of Outstanding Natural Beauty) shall appoint one member to the Board.

(2) Buckinghamshire Council shall appoint five members to the Board.”.

(3) In Schedule 1 (specified local authorities)—

(a) omit “Buckinghamshire County Council”, “Aylesbury Vale District Council”, “Chiltern District Council”, “South Buckinghamshire District Council” and “Wycombe District Council”;

(b) after “Oxfordshire County Council” insert “Buckinghamshire Council”.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Name

Parliamentary Under Secretary of State

Ministry of Housing, Communities and Local Government

Date

EXPLANATORY NOTE

(This note is not part of the Order)

Part 1 of the Local Government and Public Involvement in Health Act 2007 (c. 28) (“the 2007 Act”) provides for structural and boundary changes in relation to local government areas in England. Structural change is a change from two-tier local government (a county council and district councils) in an area to a single tier of local government. There is a single tier of local government for an area if there is either a county council and no district councils for that area, or a district council and no county council for that area (section 1(2) of the 2007 Act).

The Secretary of State may by order implement (with or without modification) a proposal received for a single tier of local government (section 7 of the 2007 Act). This order makes provision which is incidental, consequential and supplementary to the implementation by order of structural change in Buckinghamshire (the Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957)) (“the Buckinghamshire Order”). Article 2 makes provision as to the Conservation Board for the Chilterns Area of Outstanding Natural Beauty to reflect the changes to local authority arrangements as a result of the Buckinghamshire Order.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2007 c. 28.

(2)

S.I. 2019/957.

(3)

Section 13(3) provides that any incidental, consequential, transitional or supplementary provision included in an order under section 7 may relate either to other provisions of the order or to a previous order under section 7.

(4)

S.I. 2004/1778, amended by S.I. 2009/837 and S.I. 2009/1578.