The Local Government (Boundary Changes) Regulations 2018

Continuity: successor council

6.—(1) The following provisions of this regulation have effect subject to regulation 7.

(2) Anything which, immediately before the reorganisation date, is in the process of being done by, or in relation to, a predecessor council or a shadow authority in the exercise of, or in connection with, a function that is to be exercised on and after that date by the successor council may be continued by, or in relation to, that council.

(3) Anything done by, or in relation to, a predecessor council or a shadow authority in the exercise of, or in connection with, a function that is to be exercised on and after the reorganisation date by the successor council shall have effect as if done by, or in relation to, that council.

(4) Paragraph (3) applies in particular to—

(a) any agreement, decision, declaration, designation, determination or instrument made by a predecessor council or a shadow authority;

(b) any byelaws, orders or regulations made by such a council or authority;

(c) any approval, authorisation, consent, dispensation, exemption, licence, permission, permit or relaxation granted by or to such a council or authority;

(d) any certificate, direction or notice given by or to such a council or authority;

(e) any application, objection, proposal or request made by or to such a council or authority;

(f) any condition imposed by or on such a council or authority;

(g) any fee paid by or to such a council or authority;

(h) any appeal allowed by or in favour of such a council or authority; or

(i) any proceedings instituted by or against such a council or authority.

(5) A reference in paragraph (2) or (3) to anything done by or in relation to a predecessor council or a shadow authority includes a reference to anything which, by virtue of any enactment, is treated as having been done by or in relation to that council or authority.

(6) So far as is required for giving effect to paragraphs (2) and (3), a reference in any document to a predecessor council or a shadow authority shall be construed on and after the reorganisation date as a reference to the successor council.

(7) A person appointed by a predecessor council to represent that council on any body (whether the body is public or private and whether or not the person has voting rights) (“the appointee”) shall, unless the appointee resigns or the appointment is otherwise terminated, continue to hold that appointment on and after the reorganisation date as if the appointee had been appointed by, and as a representative of, the successor council.