Search Legislation

The Northamptonshire (Structural Changes) Order 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: The Northamptonshire (Structural Changes) Order 2020

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Northamptonshire (Structural Changes) Order 2020. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

E+W

Statutory Instruments

2020 No. 156

Local Government, England

The Northamptonshire (Structural Changes) Order 2020

Made

at 7.21 p.m. on 13th February 2020

Coming into force in accordance with article 1

The Secretary of State for Housing, Communities and Local Government makes this Order in exercise of the powers conferred by sections 7, 11, 12, 13 and 15(2) of the Local Government and Public Involvement in Health Act 2007 F1 (“the 2007 Act”).

This Order implements a proposal, submitted to the Secretary of State in response to an invitation under section 2 of the 2007 Act, that there should be a single tier of local government for Northamptonshire.

In accordance with section 7(3) of that Act, the Secretary of State has consulted every authority affected by the proposal, except the authorities which made it, and such other persons as the Secretary of State considers appropriate.

The proposal was made by Daventry District Council, East Northamptonshire District Council, Kettering Borough Council, Northampton Borough Council, Northamptonshire County Council, South Northamptonshire District Council and Wellingborough Borough Council.

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

PART 1E+WGENERAL

Citation and commencementE+W

1.  This Order may be cited as the Northamptonshire (Structural Changes) Order 2020 and comes into force on the day after the day on which the Order is made.

Commencement Information

I1Art. 1 in force at 14.2.2020, see art. 1

InterpretationE+W

2.  In this Order—

the 1972 Act” means the Local Government Act 1972 F2;

the 1989 Act” means the Local Government and Housing Act 1989 F3;

the 2000 Act” means the Local Government Act 2000 F4;

the 2011 Act” means the Localism Act 2011 F5;

[F62021 election” means an election required by article 20(1)(a) to be held in 2021;]

[F7“the 2021 election day” means the ordinary day of elections of councillors in 2021 F8;]

the article 22 functions” means the functions referred to in article 22;

the county council” means the council of the county of Northamptonshire;

the Implementation Team” means the team required to be formed under article 26(1);

the North Northamptonshire districts” means the districts of Corby, East Northamptonshire, Kettering and Wellingborough;

the North Northamptonshire councils” means Corby Borough Council, East Northamptonshire District Council, Kettering Borough Council and Wellingborough Borough Council;

[F9North Northamptonshire electoral division” means an electoral division of the county council which comprises part of the area of one of the North Northamptonshire councils;]

ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 F10;

the proper officer”, in relation to any purpose and any council, means the officer appointed for that purpose by that council;

shadow authority” means an authority (not being a local authority) which will become a local authority on1st April 2021;

shadow executive” has the meaning given in article 7(1);

[F11the shadow period” means the period beginning with 11th May 2020 and ending on the fourth day after the 2021 election day;]

the West Northamptonshire districts” means the districts of Daventry, Northampton and South Northamptonshire;

the West Northamptonshire councils” means Daventry District Council, Northampton Borough Council and South Northamptonshire District Council;

[F12West Northamptonshire electoral division” means an electoral division of the county council which comprises part of the area of one of the West Northamptonshire councils.]

PART 2E+WESTABLISHMENT OF SINGLE TIER OF LOCAL GOVERNMENT IN NORTHAMPTONSHIRE

Single tier of local government in North NorthamptonshireE+W

3.—(1) A new non-metropolitan county and a new non-metropolitan district, each to be known as North Northamptonshire, are constituted comprising (in each case) the area of the North Northamptonshire districts.

(2) A new district council, to be known as North Northamptonshire Council, is established as the sole principal authority for the non-metropolitan district of North Northamptonshire.

(3) Except for the purposes of Part 4 of this Order (electoral matters), until 1st April 2021—

(a)North Northamptonshire Council is not a local authority for the purposes of the 1972 Act or for any other enactment relating to local government; and

(b)subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) has effect in relation to that council, as if the words from “and the council” to the end of that subsection were omitted.

(4) In relation to the county of North Northamptonshire, section 2(1) of the 1972 Act (which provides that every county shall have a council) does not apply.

(5) On 1st April 2021—

(a)the North Northamptonshire districts are abolished as local government areas; and

(b)the North Northamptonshire councils are wound up and dissolved.

Commencement Information

I3Art. 3 in force at 14.2.2020, see art. 1

Single tier of local government in West NorthamptonshireE+W

4.—(1) A new non-metropolitan county and a new non-metropolitan district, each to be known as West Northamptonshire, are constituted comprising (in each case) the area of the West Northamptonshire districts.

(2) A new district council, to be known as West Northamptonshire Council, is established as the sole principal authority for the non-metropolitan district of West Northamptonshire.

(3) Except for the purposes of Part 4 of this Order (electoral matters), until 1st April 2021—

(a)West Northamptonshire Council is not a local authority for the purposes of the 1972 Act or for any other enactment relating to local government; and

(b)subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) has effect in relation to that council, as if the words from “and the council” to the end of that subsection were omitted.

(4) In relation to the county of West Northamptonshire, section 2(1) of the 1972 Act (which provides that every county shall have a council) does not apply.

(5) On 1st April 2021—

(a)the West Northamptonshire districts are abolished as local government areas; and

(b)the West Northamptonshire councils are wound up and dissolved.

Commencement Information

I4Art. 4 in force at 14.2.2020, see art. 1

Northamptonshire County Council and councillors of that CouncilE+W

5.—(1) On 1st April 2021—

(a)the County of Northamptonshire is abolished as a local government area;

(b)the county council is wound up and dissolved.

(2) The term of office of persons serving as councillors of the county council immediately before 1st April 2021 ends on that date.

(3) Subject to paragraph (4), nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of the county council where that vacancy arises after 30th September 2020 and before 1st April 2021.

(4) Where, on the occurrence of a vacancy mentioned in paragraph (3) or in the case of a number of simultaneous vacancies, the total number of unfilled vacancies in the membership of the county council exceeds one third of the whole number of members of that council an election to fill the vacancy shall be held in accordance with section 89 of the 1972 Act.

(5) Where, in the circumstances mentioned in paragraph (4), the declaration mentioned in section 89(1)(a) of the 1972 Act has been made or the notice in writing mentioned in section 89(1)(b) of the 1972 Act has been given within thirty-five days of 1st April 2021 (computed in accordance with section 243(4) of the 1972 Act) an election shall not be held and any proceedings required by the Local Elections (Principal Areas) (England and Wales) Rules 2006 F13 shall not be commenced.

Commencement Information

I5Art. 5 in force at 14.2.2020, see art. 1

PART 3E+WSHADOW AUTHORITIES

[F14Shadow authoritiesE+W

6.(1) During the shadow period North Northamptonshire Council and West Northamptonshire Council shall each be a shadow authority for the purposes of the following provisions of this Part.

(2) The members of the shadow authority for North Northamptonshire are the persons who are the members for the time being of the North Northamptonshire councils and the members of the county council for the time being for the North Northamptonshire electoral divisions.

(3) The members of the shadow authority for West Northamptonshire are the persons who are the members for the time being of the West Northamptonshire councils and the members of the county council for the time being for the West Northamptonshire electoral divisions.

(4) Those persons mentioned in paragraphs (2) and (3) who are members of a shadow authority immediately before 1st April 2021 are to be members of North Northamptonshire Council and West Northamptonshire Council (as the case may be) until the end of the shadow period notwithstanding the dissolution of the county council, the North Northamptonshire councils and the West Northamptonshire councils on that date.

(5) Any member of the shadow authority for North Northamptonshire who is a member for the time being of both the county council and any of the North Northamptonshire councils shall have one vote on all questions coming or arising before the shadow authority.

(6) Any member of the shadow authority for West Northamptonshire who is a member for the time being of both the county council and any of the West Northamptonshire councils shall have one vote on all questions coming or arising before the shadow authority.

(7) A meeting of the shadow authority for North Northamptonshire is to be deemed quorate for the purposes of paragraph 6 of Schedule 12 to the 1972 Act where there are present at least twenty-five members of the shadow authority comprising—

(a)five members, each of whom has been elected as a member of Corby Borough Council;

(b)five members, each of whom has been elected as a member of East Northamptonshire District Council;

(c)five members, each of whom has been elected as a member of Kettering Borough Council;

(d)five members, each of whom has been elected as a member of Wellingborough Borough Council; and

(e)five members, each of whom has been elected to represent a North Northamptonshire electoral division.

(8) For the purposes of paragraph (7) any member of the shadow authority for North Northamptonshire who is a member for the time being of both the county council and any of the North Northamptonshire councils may elect to be counted as present for the purposes of the quorum in relation either—

(a)to that person’s membership of the relevant North Northamptonshire council; or

(b)to that person’s membership of the county council for a North Northamptonshire electoral division,

but may not be counted in relation to both.

(9) A meeting of the shadow authority for West Northamptonshire is to be deemed quorate for the purposes of paragraph 6 of Schedule 12 to the 1972 Act where there are present at least twenty members of the shadow authority comprising—

(a)five members, each of whom has been elected as a member of Daventry District Council;

(b)five members, each of whom has been elected as a member of Northampton Borough Council;

(c)five members, each of whom has been elected as a member of South Northamptonshire District Council; and

(d)five members, each of whom has been elected to represent a West Northamptonshire electoral division.

(10) For the purposes of paragraph (9) any member of the shadow authority for West Northamptonshire who is a member for the time being of both the county council and any of the West Northamptonshire councils may elect to be counted as present for the purposes of the quorum in relation either—

(a)to that person’s membership of the relevant West Northamptonshire council; or

(b)to that person’s membership of the county council for a West Northamptonshire electoral division,

but may not be counted in relation to both.

(11) The head of paid service of the county council must convene and make all necessary arrangements for—

(a)the first meeting of the shadow authority for North Northamptonshire; and

(b)the first meeting of the shadow authority for West Northamptonshire,

both of which must be held no later than 4th June 2020.]

Commencement Information

I6Art. 6 in force at 14.2.2020, see art. 1

[F15Duties of shadow authorities: executive arrangementsE+W

7.(1) At its first meeting, the shadow authority for North Northamptonshire must, in accordance with paragraphs (2) to (9), create a leader and cabinet executive within the meaning of Part 1A of the 2000 Act F16 (arrangements with respect to local authority governance) (“the shadow executive”).

(2) Section 9C of the 2000 Act (local authority executives) has effect, for the purposes of paragraph (1), as if subsection (5) were omitted; and the shadow executive is to consist of—

(a)two persons to be nominated by the leader of the county council, each of whom at the time of nomination must be a member of the executive of the county council and represent a North Northamptonshire electoral division;

(b)the person who is the leader for the time being of Corby Borough Council;

(c)one person who is a member for the time being of Corby Borough Council, to be nominated by the leader of that council;

(d)the person who is the leader for the time being of East Northamptonshire District Council;

(e)one person who is a member for the time being of East Northamptonshire District Council, to be nominated by the leader of that council;

(f)the person who is the leader for the time being of Kettering Borough Council;

(g)one person who is a member for the time being of Kettering Borough Council, to be nominated by the leader of that council;

(h)the person who is the leader for the time being of Wellingborough Borough Council; and

(i)one person who is a member for the time being of Wellingborough Borough Council, to be nominated by the leader of that council.

(3) Where one of the North Northamptonshire councils operates executive arrangements within the meaning of Part 1A of the 2000 Act, the person nominated by the leader of that council for the purposes of paragraph (2) must be a member of the executive of that council.

(4) The leader of the North Northamptonshire shadow executive is the person who at the beginning of the shadow period is the leader of Kettering Borough Council.

(5) Subsection (3)(a) of section 9C of the 2000 Act has effect, for the purposes of paragraph (4), as if for the words “elected as leader of the executive by the authority” there were substituted “who is leader of the North Northamptonshire Council executive”.

(6) Section 9IA of the 2000 Act has effect, for the purposes of paragraph (4), as if—

(a)in subsection (1) for “council” there were substituted “executive”; and

(b)in subsection (2) for “a council” there were substituted “an executive”.

(7) Where the office of leader becomes vacant the shadow executive must elect a new leader from among the members of the executive.

(8) The deputy leader of the North Northamptonshire shadow executive is the person who at the beginning of the shadow period is the leader of Wellingborough Borough Council.

(9) Where the office of deputy leader becomes vacant the shadow executive must elect a new deputy leader from among the members of the executive.

(10) At its first meeting, the shadow authority for West Northamptonshire must in accordance with paragraphs (11) to (18), create a leader and cabinet executive within the meaning of Part 1A of the 2000 Act (arrangements with respect to local authority governance) (“the shadow executive”).

(11) Section 9C of the 2000 Act (local authority executives) has effect, for the purposes of paragraph (1), as if subsection (5) were omitted; and the shadow executive is to consist of—

(a)the person who is the leader for the time being of the county council;

(b)one person who is a member for the time being of the county council for a West Northamptonshire electoral division, to be nominated by the leader of that council;

(c)the person who is the leader for the time being of Daventry District Council;

(d)one person who is a member for the time being of Daventry District Council, to be nominated by the leader of that council;

(e)the person who is the leader for the time being of Northampton Borough Council;

(f)one person who is a member for the time being of Northampton Borough Council, to be nominated by the leader of that council;

(g)the person who is the leader for the time being of South Northamptonshire District Council; and

(h)one person who is a member for the time being of South Northamptonshire District Council, to be nominated by the leader of that council.

(12) Where one of the West Northamptonshire councils operates executive arrangements within the meaning of Part 1A of the 2000 Act, the person nominated by the leader of that council for the purposes of paragraph (11) must be a member of the executive of that council.

(13) The leader of the West Northamptonshire shadow executive is the person who at the beginning of the shadow period is the leader of South Northamptonshire District Council.

(14) Subsection (3)(a) of section 9C of the 2000 Act has effect, for the purposes of paragraph (13), as if for the words “elected as leader of the executive by the authority” there were substituted “who is leader of the West Northamptonshire Council executive”.

(15) Section 9IA of the 2000 Act has effect, for the purposes of paragraph (13), as if—

(a)in subsection (1) for “council” there were substituted “executive”; and

(b)in subsection (2) for “a council” there were substituted “an executive”.

(16) Where the office of leader becomes vacant the shadow executive must elect a new leader from among the members of the executive.

(17) The deputy leader of the West Northamptonshire shadow executive is the person who at the beginning of the shadow period is the leader of Northampton Borough Council.

(18) Where the office of deputy leader becomes vacant the shadow executive must elect a new deputy leader from among the members of the executive.

(19) The persons who, immediately before 1st April 2021, are the members of a shadow executive are to—

(a)continue as members of that executive; and

(b)on and after 1st April 2021, are the members of the executive of North Northamptonshire Council or West Northamptonshire Council (as the case may be) for the purposes of Part 1A of the 2000 Act,

until the end of the shadow period, notwithstanding the dissolution on that date of the county council, the North Northamptonshire councils and the West Northamptonshire councils.

(20) If a member of an executive constituted as mentioned in paragraph (19)(b) ceases to be a member of that executive before the end of the shadow period, North Northamptonshire Council or West Northamptonshire Council (as the case may be) may in accordance with the terms of the constitution of the council nominate another member of the council to be a member of its executive.

(21) With the exception of Chapter 4 (changing governance arrangements) and except as otherwise provided in this article the provisions of Part 1A of the 2000 Act, to the extent that they relate to a leader and cabinet executive, have effect in relation to a shadow authority as if—

(a)its executive were a leader and cabinet executive of a district council;

(b)the executive arrangements that it makes were executive arrangements of a district council;

(c)in the case of the shadow authority for North Northamptonshire, section 9E authorised its executive to delegate functions not only to officers of the shadow authority but also to officers of the county council and the North Northamptonshire councils;

(d)in the case of the shadow authority for West Northamptonshire, section 9E authorised its executive to delegate functions not only to officers of the shadow authority but also to officers of the county council and the West Northamptonshire councils.

(22) The following provisions of the 2000 Act do not apply to the executive arrangements of a shadow authority—

(a)section 9I;

(b)with the exception of sub-paragraphs (7) and (8) of that paragraph, paragraph 2 of Schedule A1.

(23) Chapter 7 of Part 1 of the 2011 Act (standards) applies in relation to a shadow authority as if—

(a)it were a district council (but not a principal authority in relation to a parish council); and

(b)references to co-opted members were omitted.]

F16Part 1A was inserted by the Localism Act 2011 (c. 20), section 21 and Schedule 2.

Commencement Information

I7Art. 7 in force at 14.2.2020, see art. 1

Duties of shadow authorities: code of conductE+W

8.—(1) Subject to paragraph (2), each shadow authority must adopt a code of conduct proposed pursuant to article 25(1) and (2) at its first meeting.

(2) In complying with paragraph (1), each shadow authority must make such amendments or modifications to the proposals submitted to it under article 25 as it considers necessary to secure that, when adopted, the code will satisfy the requirements of section 27 (duty to promote and maintain high standards of conduct) and section 28 (codes of conduct) of the 2011 Act.

Commencement Information

I8Art. 8 in force at 14.2.2020, see art. 1

Duties of shadow authorities: appointment of certain officersE+W

9.—(1) At its first meeting, the shadow authority for North Northamptonshire must designate on an interim basis—

(a)an officer of the county council or an officer of one of the North Northamptonshire councils to be responsible for performing, in relation to the shadow authority, the duties imposed by—

(i)subsections (2) and (3) of section 5 (designation and reports of monitoring officer) of the 1989 Act F17; and

(ii)subsections (2) and (5) of section 5A of the 1989 Act (reports of monitoring officer - local authorities operating executive arrangements);

as applied by paragraph (5) (the “interim monitoring officer”);

(b)an officer of the county council or an officer of one of the North Northamptonshire councils to be responsible for the administration of the financial affairs of the shadow authority (the “interim chief finance officer”);

(c)an officer of the county council or an officer of one of the North Northamptonshire councils to be head of the shadow authority's paid service and, accordingly, to be responsible for performing, in relation to the shadow authority, the duties imposed by subsections (2) and (4) of section 4 (designation and reports of head of paid service) of the 1989 Act (the “interim head of paid service”).

(2) At its first meeting, the shadow authority for West Northamptonshire must designate on an interim basis—

(a)an officer of the county council or an officer of one of the West Northamptonshire councils to be responsible for performing, in relation to the shadow authority, the duties imposed by—

(i)subsections (2) and (3) of section 5 (designation and reports of monitoring officer) of the 1989 Act; and

(ii)subsections (2) and (5) of section 5A of the 1989 Act (reports of monitoring officer - local authorities operating executive arrangements);

as applied by paragraph (5) (the “interim monitoring officer”);

(b)an officer of the county council or an officer of one of the West Northamptonshire councils to be responsible for the administration of the financial affairs of the shadow authority (the “interim chief finance officer”);

(c)an officer of the county council or an officer of one of the West Northamptonshire councils to be head of the shadow authority's paid service and, accordingly, to be responsible for performing, in relation to the shadow authority, the duties imposed by subsections (2) and (4) of section 4 (designation and reports of head of paid service) of the 1989 Act (the “interim head of paid service”).

(3) Each shadow authority must before 31st December 2020 appoint a person to become, on and after that date—

(a)in the case of North Northamptonshire Council —

(i)that council's monitoring officer;

(ii)that council's chief finance officer;

(iii)that council's head of paid service;

(b)in the case of West Northamptonshire Council —

(i)that council's monitoring officer;

(ii)that council's chief finance officer;

(iii)that council's head of paid service.

(4) A designation under paragraph (1) or (2) ceases to have effect on the day on which a person (who may be the same person as the designated officer) is appointed under paragraph (3) to discharge responsibilities equivalent to those of the designated officer.

(5) Subsections (2) to (7) of section 5 of the 1989 Act and subsections (2) and (5) of section 5A of that Act apply in relation to—

(a)a shadow authority;

(b)its interim monitoring officer; and

(c)its executive arrangements,

as they apply in relation to a relevant authority and the monitoring officer and executive arrangements of a relevant authority as if references in those subsections were references to the shadow authority, its interim monitoring officer and the executive arrangements that it adopts pursuant to this Order.

(6) Sections 114 to 115, 115B and 116 of the Local Government Finance Act 1988 F18 apply in relation to a shadow authority and its interim chief finance officer as if—

(a)references to the chief finance officer of a relevant authority included references to the interim chief finance officer of the shadow authority;

(b)references to a relevant authority included references to the shadow authority; and

(c)references to joint committees were omitted.

(7) Subsections (2) to (5) and (6) of section 4 of the 1989 Act apply in relation to a shadow authority and its interim head of paid service as they apply in relation to a relevant authority and its head of paid service as if references in those subsections to a relevant authority and its head of paid service were references to a shadow authority and its interim head of paid service.

F17Relevant amendments, including the insertion of section 5A, were made by S.I. 2001/2237, article 23.

F181988 c.41. Relevant amendments were made by the Local Government and Housing Act 1989, section 139 and Schedule 5, and by the Local Government Act 2003 (c.26), section 30 and S.I. 2001/2237.

Commencement Information

I9Art. 9 in force at 14.2.2020, see art. 1

Duties of shadow authorities: members' allowances for North Northamptonshire Council and West Northamptonshire CouncilE+W

10.—(1) The shadow authority for North Northamptonshire must formulate proposals for the scheme of members' allowances to be adopted by North Northamptonshire Council.

(2) The shadow authority for West Northamptonshire must formulate proposals for the scheme of members' allowances to be adopted by West Northamptonshire Council.

(3) Each shadow authority must prepare and adopt a scheme for the payment of allowances to its members.

(4) Subject to the following provisions of this article, the Local Authorities (Members' Allowances) (England) Regulations 2003 F19 (“the 2003 Regulations”), other than regulations 6 and 17 and Part 5, apply in relation to the shadow authority and its members as they apply in relation to district councils and their members.

(5) Payment of a basic allowance F20 under a scheme prepared and adopted in accordance with paragraph (3) may only be made to a member of a shadow authority who is not in receipt of a basic allowance payable under a scheme of allowances prepared and adopted in accordance with the 2003 Regulations by one of the relevant councils.

(6) Payment of a special responsibility allowance F21 under a scheme prepared and adopted in accordance with paragraph (3) may only be made to a member of a shadow authority who is not in receipt of a special responsibility allowance payable under a scheme of allowances prepared and adopted in accordance with the 2003 Regulations by one of the relevant councils.

(7) During the shadow period the 2003 Regulations have effect in relation to the relevant councils as if—

(a)no basic allowance were payable under a scheme of allowances prepared and adopted by a relevant council to a member of that council who is in receipt of a basic allowance under a scheme of allowances prepared and adopted by a shadow authority;

(b)no special responsibility allowance were payable under a scheme prepared and adopted by a relevant council to a member of that council who is in receipt of a special responsibility allowance under a scheme of allowances prepared and adopted by a shadow authority.

(8) In circumstances where, were it not for this article, a basic allowance would be payable to a councillor under a scheme of allowances prepared and adopted by one of the relevant councils and under a scheme of allowances prepared and adopted by a shadow authority, that councillor may elect under which scheme the basic allowance is to be payable.

(9) In circumstances where, were it not for this article, a special responsibility allowance would be payable to a councillor under a scheme of allowances prepared and adopted by one of the relevant councils and under a scheme of allowances prepared and adopted by a shadow authority, that councillor may elect under which scheme the special responsibility allowance is to be payable.

(10) In this article “relevant councils” means the county council, the North Northamptonshire Councils and the West Northamptonshire Councils.

F20For the meaning of “basic allowance” see regulation 4 of S.I. 2003/1021.

F21For the meaning of “special responsibility allowance” see regulation 5 of S.I. 2003/1021.

Commencement Information

I10Art. 10 in force at 14.2.2020, see art. 1

Functions of shadow authorities: Implementation PlanE+W

11.—(1) After the dissolution of the North Northamptonshire Joint Committee, the shadow authority for North Northamptonshire must keep under review, and revise as necessary, the Implementation Plan prepared by the North Northamptonshire Joint Committee.

(2) After the dissolution of the West Northamptonshire Joint Committee, the shadow authority for West Northamptonshire must keep under review, and revise as necessary, the Implementation Plan prepared by the West Northamptonshire Joint Committee.

(3) Article 24(2) applies in relation to each shadow authority as if—

(a)the word “preparing” were omitted;

(b)for “the article 22 functions” there were substituted “ the main transitional functions ”; and

(c)for “each Joint Committee” there were substituted, as the circumstances require, “the North Northamptonshire Council” or “the West Northamptonshire Council”.

(4) Article 24(3) applies in relation to the shadow authority for North Northamptonshire as if—

(a)for “Each Joint Committee”, there were substituted, “The North Northamptonshire Council”;

(b)the words “or the West Northamptonshire councils” are omitted; and

(c)for “the article 22 functions” there were substituted “ the main transitional functions ”.

(5) Article 24(3) applies in relation to the shadow authority for West Northamptonshire as if—

(a)for “Each Joint Committee”, there were substituted “ The West Northamptonshire Council ”;

(b)the words “the North Northamptonshire councils or” are omitted; and

(c)for “the article 22 functions” there were substituted “ the main transitional functions ”

(6) In article 24(2) and (3), as applied by paragraphs (3), (4) and (5) “the main transitional functions” means the functions referred to in article 13(1) and—

(a)as regards the shadow authority for North Northamptonshire, the function referred to in article 13(2); and

(b)as regards the shadow authority for West Northamptonshire, the function referred to in article 13(3).

Commencement Information

I11Art. 11 in force at 14.2.2020, see art. 1

Other functions of the shadow authoritiesE+W

12.  During the shadow period the shadow authorities have, in addition to the functions specified or referred to in articles 7 to 11, the functions referred to or specified in articles 13 to 17.

Commencement Information

I12Art. 12 in force at 14.2.2020, see art. 1

13.—(1) Each shadow authority must take all such practicable steps as are necessary or expedient—

(a)to commence and sustain their running as shadow authorities;

(b)to prepare the authorities for the assumption, as North Northamptonshire Council or West Northamptonshire Council, of local government functions and full local authority powers on 1st April 2021;

(c)to prepare any budgets or plans required by North Northamptonshire Council or West Northamptonshire Council when those functions are assumed; and

(d)to liaise with the county council and the other shadow authority for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2021.

(2) The shadow authority for North Northamptonshire must also take all such practicable steps as are necessary or expedient to liaise with the North Northamptonshire councils for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2021.

(3) The shadow authority for West Northamptonshire must also take all such practicable steps as are necessary or expedient to liaise with the West Northamptonshire councils for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2021.

Commencement Information

I13Art. 13 in force at 14.2.2020, see art. 1

14.  The shadow authorities have all the other powers of a non-metropolitan county council or a non-metropolitan district council.

Commencement Information

I14Art. 14 in force at 14.2.2020, see art. 1

15.  The powers conferred by article 14 may be exercised by a shadow authority only—

(a)in the discharge of the functions specified or referred to in articles 7 to 11, 13 and 17;

(b)in the case of the powers of a non-metropolitan county council, in the same manner, and subject to the same conditions and limitations, as if it were a non-metropolitan county council;

(c)in the case of the powers of a non-metropolitan district council, in the same manner, and subject to the same conditions and limitations, as if it were a non-metropolitan district council; and

(d)where the exercise of the power would involve incurring expenditure or acquiring a liability—

(i)with the prior consent of the county council, where the expenditure or liability relates to a matter which, before 1st April 2021, is the responsibility of that council; or

(ii)where the expenditure or liability relates to a matter which, before 1st April 2021, is the responsibility of a district council, with the prior consent of that council.

Commencement Information

I15Art. 15 in force at 14.2.2020, see art. 1

16.  The total of the expenditure properly incurred by the shadow authorities is to be divided among, and paid by, the county council, the North Northamptonshire councils and the West Northamptonshire councils in such proportion as may be agreed between those councils; but, where either of the shadow authorities notifies the Secretary of State that there is no such agreement, the Secretary of State may—

(a)determine the proportion in which that expenditure is to be divided and paid; or

(b)appoint an arbitrator for that purpose.

Commencement Information

I16Art. 16 in force at 14.2.2020, see art. 1

17.—(1) The following provisions of the 1972 Act apply in relation to a shadow authority, notwithstanding that it does not have the functions and full powers of a local authority:

Table 1

Part or section of 1972 Act
Section 3Chairman
Section 5Vice-chairman
Part 5 and 5AGeneral provisions as to members and proceedings of local authorities, access to meetings and documents of certain authorities, committees and sub-committees
Section 103Expenses of joint committees
Section 106Standing orders
Section 146Transfer of securities on alteration of area, etc
Section 178Regulations as to allowances
Section 245Status of certain districts, parishes and communities

(2) Each shadow authority, notwithstanding that it does not have the functions and full powers of a local authority, is to be treated—

(a)for the purposes of the Local Audit and Accountability Act 2014 F22 and any regulations made under that Act as if it were a district council;

(b)for the purposes of section 101 of the 2000 Act (indemnification of members and officers of relevant authorities), as a relevant authority;

(c)for the purposes of Part 1 of the Local Government Act 2003 F23 (capital finance etc and accounts), as a local authority;

(d)for the purposes of the Local Authorities (Standing Orders) (England) Regulations 2001 F24, as a relevant authority;

(e)for the purposes of the Data Protection Act 2018 F25, as a public authority; and

(f)for the purposes of the Freedom of Information Act 2000 F26, as a public authority.

[F27(3) The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 F28 apply in relation to each shadow authority as if that authority were a district council and its executive were the executive of a district council.]

Discharge of shadow authorities' functions by shadow executivesE+W

18.—(1) Except to the extent that any provision of any Act, this Order or regulations under section 9D (functions which are the responsibility of an executive), 9DA (functions of an executive: further provision) or 13 F29 (functions which are the responsibility of an executive) of the 2000 Act requires otherwise, the functions conferred on a shadow authority by or under this Order are to be delegated to, and discharged by, its shadow executive.

(2) Paragraph (1) does not prevent a shadow executive from requesting its shadow authority to discharge any function specified in a notice given by the shadow executive to the proper officer of the shadow authority, and the shadow authority must comply with any such request within such period as the shadow executive may specify.

F29Section 13 was amended by Schedule 3 of the Localism Act 2011 so that it applies to Wales only from 4th May 2012. The Local Authorities (Functions and Responsibilities) (England) Regulations (S.I. 2000/2853) made under section 13 continue to apply to England.

Commencement Information

I18Art. 18 in force at 14.2.2020, see art. 1

PART 4E+WELECTORAL MATTERS

Cancellation of elections to the North Northamptonshire and West Northamptonshire CouncilsE+W

19.—(1) Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors)—

(a)ordinary elections are not to be held in 2020 for the return of councillors to any of the North Northamptonshire councils or the West Northamptonshire councils F30; and

(b)the term of office of councillors serving as councillors of any of those councils ends on 1st April 2021.

(2) Subject to paragraph (3), nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of any of the North Northamptonshire councils or the West Northamptonshire councils where that vacancy arises after 30th September 2020 and before 1st April 2021.

(3) Where, on the occurrence of a vacancy mentioned in paragraph (2) or in the case of a number of simultaneous vacancies, the total number of unfilled vacancies in the membership of one of the North Northamptonshire councils or one of the West Northamptonshire councils (as the case may be) exceeds one third of the whole number of members of that council an election to fill the vacancy shall be held in accordance with section 89 of the 1972 Act.

(4) Where, in the circumstances mentioned in paragraph (3), the declaration mentioned in section 89(1)(a) of the 1972 Act has been made or the notice in writing mentioned in section 89(1)(b) of the 1972 Act has been given within thirty-five days of 1st April 2021 (computed in accordance with section 243(4) of the 1972 Act) an election shall not be held and any proceedings required by the Local Elections (Principal Areas) (England and Wales) Rules 2006 F31 shall not be commenced.

F30The Northamptonshire (Changes to Years of Elections) Order 2018 S.I. 2018/1324 changed the year of elections of the districts within Northamptonshire from 2019 to 2020.

Commencement Information

I19Art. 19 in force at 14.2.2020, see art. 1

Election of councillors of North Northamptonshire Council and West Northamptonshire Council in 2020 and subsequent yearsE+W

20.—(1) Whole council elections of councillors of North Northamptonshire Council and West Northamptonshire Council are to be held—

(a)on the ordinary day of election of councillors in [F322021];

(b)on the ordinary day of election of councillors in 2025;

(c)every fourth year thereafter.

(2) For the purposes of the elections of councillors of North Northamptonshire Council—

(a)North Northamptonshire is to be divided into wards;

(b)the names of the new wards are those indicated in column 1 of the table set out in Part 1 of the Schedule to this Order;

(c)the area of each new ward is to be the same as that of the county council electoral division, as that electoral division exists on 31st March 2020, and as indicated in column 2 of that Table;

(d)each new ward is to return the number of councillors indicated in column 3 of that Table.

(3) For the purposes of the elections of councillors of West Northamptonshire Council—

(a)West Northamptonshire is to be divided into wards;

(b)the names of the new wards are those indicated in column 1 of the table set out in Part 2 of the Schedule to this Order;

(c)the area of each new ward is to be the same as that of the county council electoral division, as that electoral division exists on 31st March 2020, and as indicated in column 2 of that Table;

(d)each new ward is to return the number of councillors indicated in column 3 of that Table.

[F33(4) The shadow authority for North Northamptonshire must designate an officer of the county council or one of the North Northamptonshire councils to act at the 2021 election as the returning officer for North Northamptonshire (“the North Northamptonshire Council returning officer”).

(5) The shadow authority for West Northamptonshire must designate an officer of the county council or one of the West Northamptonshire councils to act at the 2021 election as the returning officer for West Northamptonshire (“the West Northamptonshire Council returning officer”).]

(6) The North Northamptonshire Council returning officer and the West Northamptonshire Council returning officer must take such steps as are necessary or appropriate to prepare for the [F342021 elections], including the making of all necessary alterations in the electoral register.

(7) The total of the expenditure properly incurred by the North Northamptonshire Council returning officer and the West Northamptonshire Council returning officer in relation to the holding of the [F342021 elections] is to be divided among, and paid by, the county council, the North Northamptonshire councils and the West Northamptonshire councils in such proportion as may be agreed between them; but, where the North Northamptonshire Council returning officer or the West Northamptonshire Council returning officer notifies the Secretary of State that there is not such agreement, the Secretary of State may—

(a)determine the proportion; or

(b)appoint an arbitrator for that purpose.

(8) In relation to the [F342021 elections], “the appropriate officer” in Parts 1 and 2 of the Representation of the People Act 1983 F35 does not have the meaning given by section 67(7) of that Act but means the North Northamptonshire Council returning officer or the West Northamptonshire Council returning officer.

(9) All councillors elected in [F362021] or any later year are to retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors are to come into office on the day on which their predecessors retire.

(10) In this article “the year of retirement” —

(a)in relation to councillors elected in [F372021] means 2025;

(b)in relation to councillors elected in 2025 or in any later year means the fourth year after the year of election of those councillors.

F38(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cancellation of parish council elections, etcE+W

21.  Notwithstanding section 16(3) of the 1972 Act (election of parish councillors)—

(a)ordinary elections are not to be held in F39... 2022, 2023, 2026 or in 2027 for the return of councillors to the council of any parish within the non-metropolitan district of North Northamptonshire and the non-metropolitan district of West Northamptonshire;

(b)the term of office of parish councillors elected at the ordinary elections in 2020 or in any earlier year or at any subsequent by-election held before the ordinary day of election of councillors in 2025 ends on the fourth day after the ordinary day of elections in 2025 F40;

(c)ordinary elections of parish councillors for those parishes in which, but for paragraph (a), elections would have been held in F41... 2022 or 2023 are to be held on the ordinary day of election of councillors in 2025 and every fourth year thereafter;

(d)the term of office of parish councillors elected at the ordinary elections in 2025 or at any subsequent by-election held before the ordinary day of election of councillors in 2029 ends on the fourth day after the ordinary day of elections in 2029; and

(e)ordinary elections of parish councillors for those parishes in which, but for paragraph (a), elections would have been held in 2026 or 2027 are to be held on the ordinary day of election of councillors in 2029 and every fourth year thereafter.

F40Under section 16(3) of the Local Government Act 1972, the term of office of parish councillors is four years and elections of councillors for parish councillors within Northamptonshire were due to be held on the ordinary day of elections in 2019. The Northamptonshire (Changes to Years of Elections) Order 2018 S.I. 2018/1324 changed the year of elections of parish councils within Northamptonshire from 2019 to 2020.

Commencement Information

I21Art. 21 in force at 14.2.2020, see art. 1

PART 5E+WFURTHER TRANSITIONAL PROVISIONS

Functions of the county council, the North Northamptonshire councils and the West Northamptonshire councilsE+W

22.—(1) There is added to the functions of the county council the function, which is exercisable only in the transitional period beginning on the coming into force of this Order and ending on [F424th June 2020], of preparing for and facilitating the economic, effective, efficient and timely transfer to the North Northamptonshire Council, of such of its functions, property, rights and liabilities as relate to North Northamptonshire and its inhabitants.

(2) There is added to the functions of the county council the function, which is exercisable only in the transitional period beginning on the coming into force of this Order and ending on [F424th June 2020], of preparing for and facilitating the economic, effective, efficient and timely transfer to the West Northamptonshire Council, of such of its functions, property, rights and liabilities as relate to West Northamptonshire and its inhabitants.

(3) There is added to the functions of each of the North Northamptonshire councils the function, which is exercisable only in the transitional period beginning on the coming into force of this Order and ending on [F424th June 2020], of preparing for and facilitating the economic, effective, efficient and timely transfer to the North Northamptonshire Council of its functions, property, rights and liabilities.

(4) There is added to the functions of each of the West Northamptonshire councils the function, which is exercisable only in the transitional period beginning on the coming into force of this Order and ending on [F424th June 2020], of preparing for and facilitating the economic, effective, efficient and timely transfer to the West Northamptonshire Council of its functions, property, rights and liabilities.

Commencement Information

I22Art. 22 in force at 14.2.2020, see art. 1

Joint committeesE+W

23.—(1) Not later than 14 days after the coming into force of this Order—

(a)the county council and the North Northamptonshire councils must establish a joint committee under section 101(5) of the 1972 Act for the purpose of discharging, until the first meeting of the shadow authority for North Northamptonshire, the functions mentioned in paragraph (2) (“the North Northamptonshire Joint Committee”); and

(b)the county council and the West Northamptonshire councils must establish a joint committee under section 101(5) of the 1972 Act for the purpose of discharging, until the first meeting of the shadow authority for West Northamptonshire, the functions mentioned in paragraph (2) (“the West Northamptonshire Joint Committee”).

(2) The functions are—

(a)the article 22 functions; and

(b)the functions referred to in articles 24, 25 and 26.

(3) The North Northamptonshire Joint Committee is to consist of—

(a)three persons nominated by the county council, each of whom is for the time being a member of that council for an electoral division whose area is within the North Northamptonshire districts; and

(b)three persons nominated by each of the North Northamptonshire councils (twelve persons in total), each of whom is for the time being a member of the nominating council.

(4) The West Northamptonshire Joint Committee is to consist of—

(a)four persons nominated by the county council, each of whom is for the time being a member of that council for an electoral division whose area is within the West Northamptonshire districts; and

(b)four persons nominated by each of the West Northamptonshire councils (twelve persons in total), each of whom is for the time being a member of the nominating council.

(5) The county council, and–

(a)as regards the North Northamptonshire Joint Committee, each of the North Northamptonshire councils,

(b)as regards the West Northamptonshire Joint Committee, each of the West Northamptonshire councils,

must co-operate in the establishment of the relevant Joint Committee.

(6) The North Northamptonshire Joint Committee is to regulate its own proceedings, but a question to be decided by the committee is to be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the chairman of the committee) having one vote.

(7) The West Northamptonshire Joint Committee is to regulate its own proceedings, but a question to be decided by the committee is to be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the chairman of the committee) having one vote.

(8) In the case of an equality of votes, the person presiding at the meeting (whether or not the chairman of the committee) has a casting vote, in addition to any other vote the person may have.

(9) The North Northamptonshire Joint Committee is dissolved on the day following that on which the shadow authority for North Northamptonshire holds its first meeting.

(10) The West Northamptonshire Joint Committee is dissolved on the day following that on which the shadow authority for West Northamptonshire holds its first meeting.

Commencement Information

I23Art. 23 in force at 14.2.2020, see art. 1

Implementation Plans and further provisions relevant to the discharge of functions by joint committeesE+W

24.—(1) The North Northamptonshire Joint Committee and the West Northamptonshire Joint Committee must each prepare, keep under review, and revise as necessary, an Implementation Plan which must include—

(a)such plans and timetables as are in the opinion of each Joint Committee necessary to secure the effective, efficient and timely discharge of the article 22 functions; and

(b)such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge, on and after 1st April 2021, of the functions that, before that date, are functions of the county council, the North Northamptonshire councils, or the West Northamptonshire councils.

(2) For the purposes of—

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

(b)discharging the article 22 functions, and

(c)discharging such other functions as may be conferred on it,

each Joint Committee must have regard to—

(i)the information supplied to the Secretary of State in support of the proposal for single tier local government in Northamptonshire;

(ii)the Northamptonshire County Council Best Value Inspection report dated March 2018 F43;

(iii)the Report into children's services in Northamptonshire dated May 2019 prepared for the Secretary of State for Education and the Secretary of State for Housing, Communities and Local Government F44;

(iv)the Direction dated 10th May 2018 issued by the Secretary of State for Housing, Communities and Local Government to Northamptonshire County Council under section 15(5) and (6) of the Local Government Act 1999 F45;

(v)the Directions dated 30th November 2018 and 10th June 2019 issued by the Secretary of State for Education to Northamptonshire County Council under section 497A(4B) of the Education Act 1996 F46; and

(vi)any other Directions issued to Northamptonshire County Council by the Secretary of State for Housing, Communities and Local Government under section 15(5) and (6) of the Local Government Act 1999 or by the Secretary of State for Education under section 497A(4B) of the Education Act 1996.

(3) Each Joint Committee may, by written notice to—

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

(b)the proper officer of any of the North Northamptonshire councils or the West Northamptonshire councils,

require the council referred to in the notice to take such action relevant to any of the article 22 functions as may be specified in the notice.

F43The Secretary of State for Housing, Communities and Local Government appointed Max Caller to undertake an inspection of the compliance of Northamptonshire County Council with the requirement of Part 1 of the Local Government Act 1999 (as amended) in relation to the Authority's governance functions, particularly those functions under Section 151 of the Local Government Act 1972. The document is available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/690731/Best_Value_Inspection_NCC.pdf or in hard copy from the Secretary of State on request to the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF.

F44“Optimum delivery and governance arrangements : children's services in Northamptonshire”. The document is available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/801695/Northampton_commissioner_report.pdf or in hard copy from the Secretary of State on request.

F451999 c. 27. The Secretary of State for Housing Communities and Local Government issued a direction to Northamptonshire County Council on 10th May 2018. The Direction was issued under sections 15(5) and 15(6) of the Local Government Act 1999 following an inspection and subsequent Best Value Report. A copy of the Direction is available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/705839/Northamptonshire_County_Council_-_Directions.pdf or in hard copy from the Secretary of State on request

F461996 c. 56. The Secretary of State for Education issued Directions to Northamptonshire County Council on 30th November and 10th June 2019. The Directions were issued in relation to concerns surrounding the provision of children's social care functions within Northamptonshire. Copies of the Directions can be found at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/759368/STATUTORY_DIRECTION_TO_NORTHAMPTONSHIRE_COUNTY_COUNCIL_.pdf and https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/807427/Northamptonshire_direction_June_2019.pdf or in hard copy from the Secretary of State on request.

Commencement Information

I24Art. 24 in force at 14.2.2020, see art. 1

Functions of joint committees relevant to codes of conductE+W

25.—(1) The North Northamptonshire Joint Committee must formulate proposals for the code of conduct to be adopted by the shadow authority for North Northamptonshire in accordance with article 8(1) and present those proposals at the first meeting of the shadow authority.

(2) The West Northamptonshire Joint Committee must formulate proposals for the code of conduct to be adopted by the shadow authority for West Northamptonshire in accordance with article 8(1) and present those proposals at the first meeting of the shadow authority.

(3) In formulating proposals under paragraphs (1) and (2) the joint committees must have regard to section 27 (duty to promote and maintain high standards of conduct) and section 28 (codes of conduct) of the 2011 Act.

Commencement Information

I25Art. 25 in force at 14.2.2020, see art. 1

Implementation TeamE+W

26.—(1) Not later than 21 days after the coming into force of this Order, the North Northamptonshire Joint Committee and the West Northamptonshire Joint Committee must form a single team of officers (“the Implementation Team”) for the purposes of assisting—

(a)the relevant Joint Committee in the discharge of its functions under this Part; and

(b)if, after the dissolution of the relevant Joint Committee, the relevant shadow authority so requires, that shadow authority.

(2) The members of the Implementation Team must comprise officers from the county council, the North Northamptonshire councils and the West Northamptonshire councils.

(3) The leader of the Implementation Team is to be the Chief Executive of the county council.

(4) The deputy leaders of the Implementation Team are to be an officer of one of the North Northamptonshire councils and an officer of one of the West Northamptonshire councils.

(5) The county council and, as regards the relevant Joint Committee, each of the North Northamptonshire councils or each of the West Northamptonshire councils must—

(a)co-operate in the formation of the Implementation Team, and

(b)release the officers concerned from their normal duties at such times or for such periods as the relevant Joint Committee or the relevant shadow authority may reasonably require.

(6) In this article—

the relevant Joint Committee” means—

(a)

as regards the North Northamptonshire councils, the North Northamptonshire Joint Committee;

(b)

as regards the West Northamptonshire councils, the West Northamptonshire Joint Committee;

the relevant shadow authority” means—

(a)

as regards the North Northamptonshire councils, the shadow authority for North Northamptonshire; and

(b)

as regards the West Northamptonshire councils, the shadow authority for West Northamptonshire.

Commencement Information

I26Art. 26 in force at 14.2.2020, see art. 1

General transitional duties of the county council, the North Northamptonshire Councils and the West Northamptonshire CouncilsE+W

27.—(1) The county council, each of the North Northamptonshire councils and each of the West Northamptonshire councils must—

(a)consult and co-operate with one another and with the shadow authorities in order to secure the economic, effective, efficient and timely transfer of the county council's and those councils' functions, property, rights and liabilities; and

(b)generally, exercise their functions so as to further the purposes of this Order.

(2) A relevant authority must provide such information relating to its functions as any other relevant authority may reasonably request for the purpose of giving effect to this Order.

(3) A relevant authority must, on request by a person authorised by another relevant authority in that behalf, at all reasonable times allow that person—

(a)to inspect any record belonging to or under the control of the authority providing the information and relating to the authority or its functions; and

(b)to take, or be supplied with, a copy of any such record or part of it.

(4) A relevant authority to whom a request is made under paragraph (3) may, before complying with the request, require the person making the request to produce evidence of the authorisation given by the other relevant authority.

(5) The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.

(6) The information referred to in paragraph (2) shall, in particular, include any information necessary for the exercise during the shadow period of any of the functions of a shadow authority.

(7) In this article “relevant authority” means—

(a)in the case of North Northamptonshire—

(i)the county council;

(ii)the North Northamptonshire councils;

(iii)the shadow authority for North Northamptonshire;

(b)in the case of West Northamptonshire—

(i)the county council;

(ii)the West Northamptonshire councils;

(iii)the shadow authority for West Northamptonshire.

Commencement Information

I27Art. 27 in force at 14.2.2020, see art. 1

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

Younger of Leckie

Parliamentary Under Secretary of State

Ministry of Housing, Communities and Local Government

Article 20(2) and (3)

SCHEDULEE+W

PART 1E+WWards of North Northamptonshire

Commencement Information

I28Sch. Pt. 1 in force at 14.2.2020, see art. 1

New wardColumn 1Existing electoral divisionColumn 2Number of CouncillorsColumn 3
Brickhill and QueenswayBrickhill and Queensway3
Burton and BroughtonBurton and Broughton3
Clover HillClover Hill3
Corby RuralCorby Rural3
Corby WestCorby West3
Croyland and SwanspoolCroyland and Swanspool3
DesboroughDesborough3
Earls BartonEarls Barton3
FinedonFinedon3
Hatton ParkHatton Park3
Higham FerrersHigham Ferrers3
IrchesterIrchester3
IrthlingboroughIrthlingborough3
IseIse3
KingswoodKingswood3
LloydsLloyds3
NorthallNorthall3
OakleyOakley3
OundleOundle3
RaundsRaunds3
Rothwell and MawsleyRothwell and Mawsley3
Rushden Pemberton WestRushden Pemberton West3
Rushden SouthRushden South3
ThrapstonThrapston3
WicksteedWicksteed3
WindmillWindmill3

PART 2E+WWards of West Northamptonshire

Commencement Information

I29Sch. Pt. 2 in force at 14.2.2020, see art. 1

New wardColumn 1Existing electoral divisionColumn 2Number of CouncillorsColumn 3
Abington and PhippsvilleAbington and Phippsville3
Billing and Rectory FarmBilling and Rectory Farm3
Boothville and ParklandsBoothville and Parklands3
BrackleyBrackley3
Braunston and CrickBraunston and Crick3
BrixworthBrixworth3
BugbrookeBugbrooke3
CastleCastle3
Dallington SpencerDallington Spencer3
Daventry EastDaventry East3
Daventry WestDaventry West3
DeanshangerDeanshanger3
Delapre and RushmereDelapre and Rushmere3
Duston EastDuston East3
Duston West and St. CrispinDuston West and St. Crispin3
East Hunsbury and ShelfleysEast Hunsbury and Shelfleys3
Hackleton and Grange ParkHackleton and Grange Park3
HeadlandsHeadlands3
Kingsthorpe NorthKingsthorpe North3
Kingsthorpe SouthKingsthorpe South3
Long BuckbyLong Buckby3
Middleton CheneyMiddleton Cheney3
MoultonMoulton3
Nene ValleyNene Valley3
Riverside ParkRiverside Park3
SilverstoneSilverstone3
SixfieldsSixfields3
St. GeorgeSt. George3
TalaveraTalavera3
Towcester and RoadeTowcester and Roade3
Woodford and WeedonWoodford and Weedon3

Explanatory Note

(This note is not part of the Order)

This Order provides for the establishment, on 1st April 2021, of a single tier of local government in Northamptonshire. Two new councils are created; the North Northamptonshire Council, for the same area as the existing districts of Corby, East Northamptonshire, Kettering and Wellingborough, and the West Northamptonshire Council, for the same area as the existing districts of Daventry, Northampton and South Northamptonshire.

The County of Northamptonshire and the districts of Corby, East Northamptonshire, Kettering, Wellingborough, Daventry, Northampton and South Northamptonshire are abolished as local government areas with effect from 1st April 2021. The county council and district councils in the county are wound up.

The new councils, to which elections are to be held in 2020, will operate as “shadow authorities” until 1st April 2021. Part 3 of the Order contains the arrangements for the shadow authorities, including their functions which are principally to prepare for the transition to a single tier of local government on 1st April 2021.

Part 4 of the Order deals with electoral matters. Elections for the new councils will take place on the ordinary day of elections in 2020, 2025 and every fourth year thereafter. Elections for parish councillors in Northamptonshire will take place on the same day as elections to the new councils and follow the same cycle.

Part 5 of the Order deals with further transitional duties including duties on the county council and existing district councils, in particular to cooperate with each other and the shadow authorities and shadow executives and to create joint committees.

The Schedule sets out the electoral wards of North Northamptonshire Council and West Northamptonshire Council.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector. The impact on the public sector is a simplification to the system of local government in Northamptonshire.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources