1995 No. 3105
LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Changes for the Registration Service in Avon, Cleveland, Humberside and North Yorkshire) Order 1995

Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of the powers conferred by sections 17(1) and (4) and 26(5)(b) of the Local Government Act 19921 and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Local Government (Changes for the Registration Service in Avon, Cleveland, Humberside and North Yorkshire) Order 1995 and shall come into force on 22nd December 1995.

(2)

In this Order, unless the context otherwise requires—

“the 1949 Act” means the Marriage Act 19492;
“the 1953 Act” means the Registration Service Act 19533;

“the 1992 Act” means the Local Government Act 1992;

“approved registration scheme” means a scheme submitted to the Secretary of State in accordance with article 2 of this Order and approved by the Secretary of State4 under section 14 of the 1953 Act5;
“district” means a registration district for the purposes of section 5 of the 1953 Act6;
“new authority” means the authorities to which the functions of an old authority are transferred by an order made under section 17 of the 1992 Act, being: North West Somerset District Council, Bath and North East Somerset District Council, South Gloucestershire District Council and the City of Bristol District Council7; Hartlepool Borough Council, Middlesbrough Borough Council, Stockton Borough Council and Redcar and Cleveland Borough Council8; East Riding of Yorkshire District Council, the City of Kingston upon Hull District Council, North Lincolnshire District Council and North East Lincolnshire District Council9; and York District Council10.
“old authority” means Avon County Council, Cleveland County Council, Humberside County Council and North Yorkshire County Council, being local authorities from which functions are transferred to a new authority by an order made under section 17 of the 1992 Act11;

“registration officer” means any superintendent registrar or registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act and “office” shall be construed accordingly; and

“sub-district” means a registration sub-district for the purposes of section 5 of the 1953 Act.

Local Registration Service2.

(1)

Each new authority shall not later than 15th January 1996 submit to the Secretary of State a scheme for the purposes of section 13 of the 1953 Act, and section 13(2) and (3) (provision to be made by local scheme) and section 14(4) (approval of schemes by the Secretary of State) of the 1953 Act shall apply to any scheme so submitted.

(2)

If a new authority fails to submit a scheme in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, submit to the Secretary of State a scheme for the purposes of section 13 of the 1953 Act and any scheme so prepared by him, if approved by the Secretary of State, shall have effect as if it were a scheme submitted by the new authority and approved by the Secretary of State.

(3)

Subject to any further scheme made by a new authority and approved by the Secretary of State under section 14 of the 1953 Act, the approved registration scheme shall have effect for the organisation of the registration service in the area of the authority to which it relates from 1st April 1996.

Transfer of Registration Officers3.

(1)

This article applies to any registration officer—

(a)

who immediately before 1st April 1996 holds office in or for a district or sub-district in the area of an old authority under an appointment made by that authority;

(b)

who would have continued to hold that office after 1st April 1996 but for the abolition of that authority or the transfer of local government functions from that authority to a new authority; and

(c)

whose name is mentioned in column (1) of the Schedule to this Order.

(2)

Every registration officer to whom this article applies shall, on 1st April 1996—

(a)

be transferred from the old authority mentioned in column (2) of the Schedule to this Order opposite his name to the new authority mentioned in column (3) of that Schedule opposite his name; and

(b)

if an office is allocated to him in accordance with article 4 of this Order, become the holder of that office as if he had been appointed to it by the new authority.

(3)

Any provision in this Order for the transfer of a person not engaged whole-time as a registration officer shall apply only to his office as a registration officer.

Allocation of Staff4.

(1)

Each new authority shall not later than 15th February 1996 submit to the Registrar General proposals for allocating to the posts described in the approved registration scheme for the area of the authority the registration officers who may, pursuant to paragraph (2) of article 3 of this Order, be transferred to the new authority on 1st April 1996.

(2)

Not later than the day on which proposals under paragraph (1) of this article are submitted to the Registrar General, the new authority shall send a copy of the proposals to every registration officer affected by them and the Registrar General, after considering any representations with respect to the proposals made by any such officer within a period of fourteen days after the submission of the proposals, may approve the proposals with or without modifications.

(3)

The new authority shall allocate the officers who are transferred to the new authority pursuant to paragraph (2) of article 3 of this Order to the posts described in the approved registration scheme for the area of the authority in accordance with the proposals approved by the Registrar General under paragraph (2) of this article.

(4)

If any new authority fails to submit proposals in accordance with paragraph (1) of this article, the Registrar General may determine the allocation of officers to the posts described in the approved registration scheme for the area of the authority and any allocation so determined shall have effect as if it had been proposed by the new authority and approved by the Registrar General.

Registration Officers to be Treated as Employees for Certain Purposes5.

For the purposes of any order made under section 23 of the 1992 Act (staff commissions)12 and regulations 3 (continuity of employment), 4 (transfers of staff) and 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 199513 any registration officer shall, as respects his office, be treated as employed by the old authority by which he was appointed and, on and after 1st April 1996, as an officer in the employment of the new authority to which he is transferred in accordance with article 3(2) of this Order, and any reference in such order or in those regulations—

(a)

to “employed”, “employment”, “employee”14 or “employer” shall be construed accordingly; and

(b)

to a “contract of employment” shall be construed as a reference to the terms and conditions of the registration officer’s appointment.

Signed by authority of the Secretary of State for Health

R. R. Horam
Parliamentary Under Secretary of State
Department of Health

SCHEDULE

Article 3

(1)

(2)

(3)

Name of Officer

Old Authority

New Authority

Mrs Shirley Jones

Avon

Bath and North East Somerset

John McSweeney

Mrs Margaret A Parkes

Miss Hilary E Jenkins

Robert Saunders

Mrs Sheila M Morris

Mrs Betty M Jones

Mrs Rita A Colborne

Miss Michelle Crouch

Mrs Jacqueline Naish

Mrs Doreen C Rosinski

Mrs Francine E Lawrence

Michael Brierley

Avon

City of Bristol

Mrs Helen C Lee

Mrs Muriel A Chambers

Mrs Siobhan H Nash

Mrs Breeda A Morton

Mrs Monica Nicholls

Mrs Betty B Hazell

Mrs Carolyn M Murnan

Mrs Elizabeth A Matthews

Mrs Anne H R Bragg

Miss Lorraine A Thomas

Mrs Judith A Vickers

Mahboob Sattar

Mrs Maureen Dewhurst

Mrs Lesley P Durston

Robert O'Neill

Mrs Christine M Bowring

Mrs Angela J Butt

Mrs L Judith Harris

Russell A J Underwood

Mrs Jennifer M Palmer

Mrs Janet P Thorne

Mrs Mary Glanvill

Mrs Glynis F Hartland

Avon

North West Somerset

Miss Diane Britton

Edward P Barry

Mrs Louise A Pople

Mrs Jacqueline M Griffiths

Mrs Sandra J Lamb

Mrs Susan G Sargent

Mrs Marilyn Heffer

Avon

South Gloucestershire

Mrs Maureen Thompson

Mrs Catherine M Batchelor

Mrs Rosalyn A Tasker

Peter Spires

Cleveland

Hartlepool

Mrs Valerie Dear

Mrs Margaret E Cosgrave

Mrs Dianne V Scott

Mrs Margery Maughan

Mrs Lesley Morrell

Robert P Wills

Cleveland

Middlesbrough

Miss June L Thomas

Mrs Barbara P Schweitzer

Miss Annette Meek

Mrs Dawn L Galloway

Mrs Sarah J Buckton

Mrs Susan Day

Mrs Jean Merigold

Cleveland

Redcar and Cleveland

Mrs Margaret Cheall

Mrs Moira Stockdale

Mrs Judith McDonald

Mrs Elva Pearson

Miss Susan M Coulthard

Cleveland

Stockton

Miss Antoinette Harris

Mrs Lesley M Elliott

Mrs Valerie J Fowler

Brian D Burr

Mrs Anne Woodward

Mrs Marcia Sidgwick

Bernard Bright

Humberside

City of Kingston upon Hull

Mrs Leni M Eves

Ronald Wynn

Peter Ingamells

Mrs Susan J K Musgrave

Mrs Beryl H Stocks

Mrs Sheila Shillito

Mrs Susan E Plows

Miss Wendy Saverton

Mrs Primrose A Welford

Alan Robinson

Humberside

North East Lincolnshire

Mrs Allison L Fisher

Mrs Beverley A Hinson

Mrs Sally L Bacon

Mrs Diana J Green

Mrs Denise Bryan

Mrs Anne Butler

Mrs Sara Lawrance

Mrs Jill F Robinson

Humberside

North Lincolnshire

Mrs Kay Lazenby

Mrs Julia M Ross

Mrs Alison E Croft

Mrs Lynn Taylor

Mrs Christine Bradbury

Mrs Pamela J Gollings

James C F Chorlton

Humberside

The East Riding of Yorkshire

Miss Susan E Thompson

Mrs Margaret Oxtoby

Mrs Judith A Dixon

Mrs Barbara Grinnell

Mrs Elizabeth E Sharp

Mrs Vera McCafferty

Mrs Sybil N Wilson

Mrs Susan E Dodsworth

Miss Margaret Clark

Mrs Brenda Glover

Mrs Audrey E Harper

Mrs Audrey Fisher

Mrs Marie Biglin

Mrs June M Hancock

Mrs Eileen Underwood

Mrs Margaret M Dove

Mrs Dorothy Parker

Mrs Anne Leetham

Mrs Amanda J Sykes

Mrs Jennifer Huxtable

Mrs Ann Walker

Mrs Mary Sleight

Robert T Livesey

North Yorkshire

York

Mrs Dorothy H Masterson

Mrs Margaret J Jenkins

Brian G Miles

Mrs Silvana Livesey

John M Ramsden

Mrs P Anne Spencer

Miss Hazel Morrill

(This Note is not part of the Order)

This Order provides for changes to the local registration service in Avon, Cleveland, Humberside and North Yorkshire, in consequence of structural and boundary changes in those areas made by Orders under section 17 of the Local Government Act 1992.

Article 2 provides for schemes to be made by the councils of the new districts establishing registration districts and sub-districts, determining the location of registration offices and the number of superintendent registrars, registrars of births and deaths and other officers required for the purpose of the Registration Acts. Registration officers holding office immediately before 1st April 1996 will be transferred by the Order on that date to one of the new authoritie under Article 3 and Article 4 provides for the allocation of the posts described in the registration scheme to individual officers transferred.

Transitional provisions with regard to notices given and certificates issued under the Marriage Act 1949; marriages to be solemnised before registration officers, and the registration of births and deaths are to be found in the Local Government Changes for England Regulations 1994 (S.I. 1994/867).