The Buckinghamshire (Structural Changes) Order 2019

Functions of shadow authority: Implementation Plan

9.—(1) The shadow authority must prepare, keep under review, and revise as necessary, an Implementation Plan which must include—

(a) such plans and timetables as are in its opinion necessary to secure the effective, efficient and timely discharge of its functions; and

(b) such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge, on or after 1st April 2020, of the functions that, before that date, are functions of the county council or of the district councils.

(2) For the purposes of—

(a) preparing, reviewing and revising the Implementation Plan; and

(b) discharging its functions,

the shadow authority is to have regard to—

(i) the Business Case dated September 2016 submitted by the County Council to the Secretary of State in support of its proposal for a single tier of local government in Buckinghamshire(1);

(ii) any advice in relation to children’s services which is provided by Hampshire County Council pursuant to the direction dated 12th July 2018 of the Secretary of State for Education under section 497A(4B) of the Education Act 1996(2); and

(iii) the Report into Children’s Services in Buckinghamshire dated June 2018 prepared for the Secretary of State for Education by the Chief Executive of Hampshire County Council(3).

(3) The shadow authority may, by written notice to—

(a) the proper officer of the county council; or

(b) the proper officer of any of the district councils,

require the council referred to in the notice to take such action relevant to any of the functions referred to in articles 6 to 15 of this Order as may be specified in the notice.

(1)

“Modernising Local Government in Buckinghamshire” Business Case September 2016. The document is available at https://www.buckscc.gov.uk/media/1314/mlg-in-bucks_final_low-res.pdf or in hard copy from the Secretary of State on request.

(2)

1996 c. 56. The Secretary of State for Education issued a Direction to Buckinghamshire County Council on 5th March 2018 with a further Direction being issued on 12th July 2018. The Directions were issued under section 497A(4B) of the Education Act 1996 in relation to concerns surrounding the provision of children’s social care functions within Buckinghamshire. Copies of the Directions are available at https://www.gov.uk/government/publications/direction-issued-to-buckinghamshire-county-council--2 or in hard copy from the Secretary of State on request.

(3)

The Report following an inspection by the Commissioner for Children’s Services appointed by the Secretary of State for Education by direction dated 5th March 2018. The report is available at https://www.gov.uk/government/publications/buckinghamshire-county-council-report-on-childrens-social-care or in hard copy from the Secretary of State on request.