Explanatory Note
This Order gives effect to recommendations by the Local Government Commission for England in respect of the borough of Gillingham (“Gillingham”) and the City of Rochester upon Medway (“Rochester”), in the county of Kent.
Article 3 provides for the constitution of the district of the Medway Towns (“the Medway Towns”), comprising the existing areas of Gillingham and Rochester, and establishes a new district council for that area.
Article 4 effects the structural change by providing for the transfer, on 1st April 1998, of the functions of the Kent County Council in relation to Gillingham and Rochester to the council of the Medway Towns.
Article 5 provides for the district of the Medway Towns to cease to form part of Kent on 1st April 1998 and for a new county of the Medway Towns to be constituted on that date (but without a county council).
Article 6 makes provision for the purposes of subordinate legislation to be made under the Fire Services Act 1947 in respect of fire services.
Article 7 makes provision in relation to the Kent structure plan and to enable the local plan prepared by the new council of the Medway Towns under the Town and Country Planning Act 1990 to contain minerals and waste policies.
Article 8 provides for the abolition of Gillingham and Rochester and their councils.
Article 9 makes provision in respect of electoral areas for the Medway Towns.
Article 10 provides for whole council elections to the new council of the Medway Towns in 1997, 2000, 2003 and every four years after that year.
Article 11 makes provision in respect of returning officers and election expenses for the first elections in 1997.
Article 12 makes provision for the suspension of county council elections in 1997 in electoral divisions in Gillingham and Rochester and extends the term of office of councillors for such divisions until 1st April 1998. It also makes provision in respect of casual vacancies in the office of councillor of the local authorities affected by this Order.
Article 13 provides that the new council of the Medway Towns established by the Order shall be a “shadow authority” for the purposes of the Local Government Changes for England Regulations 1994 (S.I. 1994/867).
Articles 14 to 16 make provision with respect to preparations for implementation of the reorganisation.