The Avon (Structural Change) Order 1995

Type Statutory-Instrument
Publication 1995-02-28
State In force
Department Queen's Printer of Acts of Parliament
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articles 14
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Made: 28th February 1995

Coming into force

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 17[^f00002], 18(3)(a) and 26 of the Local Government Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament:

PART I — GENERAL

Citation and commencement

1

This Order may be cited as the Avon (Structural Change) Order 1995 and shall come into force for the purposes of articles 3, 8 to 10, 12, 14(2) and (3), and 18 to 21 inclusive on the day after the day on which it is made and for all other purposes on 1st April 1996.

Interpretation

2

In this Order—

PART II — NEW AND CONTINUING DISTRICTS

Constitution of new districts of Bath and North East Somerset and South Gloucestershire

3

District of North West Somerset

4

Existing local government areas

5

PART III — NEW COUNTIES

Constitution of new counties

6

The Shrievalty

7

PART IV — ELECTORAL ARRANGEMENTS

Elections for the City of Bristol

8

For article 9 of the City of Bristol (Electoral Arrangements) Order 1980[^f00007] there shall be substituted:

(9) (1) The whole number of councillors shall be elected at the ordinary elections of councillors in 1995. (2) The councillors holding office for any ward of the city immediately before 8th May 1995 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date. (3) The order of retirement of the councillors elected in 1995 shall be as set out in the Table in Schedule 2 to this Order, except that in the first column, “1997” shall be substituted for “1984”, in the second column, “1998” shall be substituted for “1986” and in the third column “1999” shall be substituted for “1987”. (4) Of the councillors elected in 1995 for any ward of the city, the first to retire in that ward shall be, subject to paragraphs (5) and (6) below, the councillor elected by the smaller number of votes. (5) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot. (6) If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot. (7) Where under this Article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting. (8) The term of office of councillors elected in 1997 shall be three years. (9) Except as otherwise provided in the foregoing paragraphs of this Article the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.

Elections in Bath and North East Somerset and South Gloucestershire

9

Suspension of elections and retirement of councillors

10

PART V — LOCAL GOVERNMENT REORGANISATION IN AVON

Structural change

11

The functions of the County Council in relation to each Avon district shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the transferee authority for that district.

Avon and Somerset police authority

12

Amendment of Schedule 1A to the Police Act 1964

13

Schedule 1A to the Police Act 1964[^f00014] shall be amended by substituting for the words “The counties of Avon and Somerset” in the right-hand column opposite the name of the Avon and Somerset police area the words “The county of Somerset and the non-metropolitan districts of Bath and North East Somerset, Bristol, North West Somerset and South Gloucestershire”.

Fire Services

14

Planning Functions

15

or (c) include their waste policies in their local plan.

Superannuation fund

16

The superannuation fund maintained by the County Council under the Local Government Superannuation Regulations 1986[^f00017] together with all rights and liabilities in respect of the fund shall vest in the council of the district of Bath and North East Somerset.

Designated authority

17

The council of the City of Bristol is specified as the designated authority for the purposes of the Local Government Changes for England (Finance) Regulations 1994[^f00018].

PART VI — TRANSITIONAL AND CONSEQUENTIAL PROVISION

Shadow authorities

18

During the preliminary period—

Co-operation and information

19

Preparations for transfer of functions

20

Activities preliminary to the exercise of functions

21

Where, during the preliminary period, a relevant authority (other than a transferee authority) is required by virtue of any enactment to prepare any budgets or plans, or to consult any person, for purposes connected with the exercise, on and after the reorganisation date, of any functions in relation to any part of the areas of the transferee authorities which, on and after that date, are exercisable by the transferee authorities, the requirement in question shall, subject to any other relevant provision, cease to have effect during that period in relation to that authority; and any such requirement shall instead have effect, during that period and for those purposes, in relation to the transferee authorities.

SCHEDULE 1 — Electoral areas and councillors in Bath and North East Somerset

Name of new ward Description of area of new ward[^f00021] Number of councillors
Chew Valley West Chew Magna Chew Stoke 1
Chew Valley South Stowey Sutton Harptrees 1
Cameley Cameley 1
Chew Valley North and Clutton Clutton Publow Compton Dando 2
Newton St. Loe Newton St. Loe 1
Saltford Saltford 2
Bathavon North Charlcombe Bathampton Batheaston Bathford 3
Bathavon South Freshford Hinton Charterhouse Camerton 2
Peasedown Peasedown St. John 2
Paulton Paulton 2
Timsbury Timsbury 1
Farmborough and High Littleton Farmborough High Littleton 1
Keynsham East Keynsham East 2
Keynsham South Keynsham South 2
Keynsham West Keynsham West 1
Keynsham North Keynsham North 1
Midsomer Norton North Midsomer Norton North 2
Midsomer Norton Redfield Midsomer Norton Redfield 2
Westfield Westfield 2
Radstock Radstock 2
Abbey Abbey 2
Bathwick Bathwick 2
Bloomfield Bloomfield 2
Combe Down Combe Down 2
Kingsmead Kingsmead 2
Lambridge Lambridge 2
Lansdown Lansdown 2
Lyncombe Lyncombe 2
Newbridge Newbridge 2
Oldfield Oldfield 2
Southdown Southdown 2
Twerton Twerton 2
Walcot Walcot 2
Westmoreland Westmoreland 2
Weston Weston 2
Widcombe Widcombe 2

SCHEDULE 2 — Electoral areas and councillors in South Gloucestershire

Name of new ward Description of area of new ward[^f00022] Number of councillors
Oldbury-on-Severn The district ward of Oldbury-on-Severn 1
Charfield The parishes of Charfield, Cromhall, Falfield and Tortworth 1
Thornbury South The district ward of Thornbury South 2
Thornbury North The district ward of Thornbury North 2
Alveston The parishes of Alveston, Olveston and Tytherington 2
Pilning and Severn Beach The parish wards of Pilning and Severn Beach (Pilning) and Pilning and Severn Beach (Severn Beach) in the parish of Pilning and Severn Beach 1
Almondsbury The parish wards of Almondsbury (Almondsbury) and Almondsbury (Henbury) in the parish of Almondsbury 1
Patchway The district wards of Patchway Callicroft and Patchway Coniston and Patchway Stoke Lodge 3
Bradley Stoke (North) The parish wards of Bradley Stoke No. 1, Bradley Stoke No. 2 and Bradley Stoke No. 3 in the parish of Bradley Stoke 2
Stoke Gifford (North) The district ward of Stoke Gifford (North) 1
Stoke Gifford (South) The district ward of Stoke Gifford (South) 2
Filton (Charborough) The district ward of Filton (Charborough) 1
Filton (Conygre) The district ward of Filton (Conygre) 1
Filton (Northville) The district ward of Filton (Northville) 1
Winterbourne The parish wards of Winterbourne (Frenchay), Winterbourne (Winterbourne) and Winterbourne (Winterbourne Down and Hambrook) in the parish of Winterbourne 3
Westerleigh The parish wards of Westerleigh (Coalpit Heath) and Westerleigh (Westerleigh) in the parish of Westerleigh 1
Frampton Cotterell The parish wards of Frampton Cotterell (Central), Frampton Cotterell (East), Frampton Cotterell (West) in the parish of Frampton Cotterell 2
Ladden Brook The parish wards of Iron Acton (Iron Acton) and Iron Acton (East) in the parish of Iron Acton and the parishes of Rangeworthy and Wickwar 1
Yate (North) The district ward of Yate (North) 2
Yate (North West) The district ward of Yate (North West) 1
Yate (West) The district ward of Yate (West) 1
Yate (South) The parish wards of Yate (Central), Yate (Stanshawes) and Yate (South) in the parish of Yate 2
Cotswold Edge The district ward of Hawkesbury, the parishes of Acton Turville, Badminton and Tormarton, and the parish wards of Dodington (South) in the parish of Dodington and Sodbury (Old Sodbury) in the parish of Sodbury 1
Chipping Sodbury The parish ward of Sodbury (Chipping Sodbury) in the parish of Sodbury 1
Dodington The parish wards of Dodington (North East) and Dodington (North West) in the parish of Dodington 2
Pucklechurch The parishes of Dyrham and Hinton and Pucklechurch 1
Wick and Abson The parishes of Cold Ashton, Doynton, Marshfield and Wick and Abson 1
Bradley Stoke (South) The parish wards of Bradley Stoke (No. 4) and Bradley Stoke (No. 5) in the parish of Bradley Stoke 3
Downend The district wards of Bromley Heath and Downend 3
Staple Hill The district wards of Soundwell and Staple Hill 2
Siston The district wards of Badminton, Blackhorse, Springfield and the parish of Siston 3
Rodway The district wards of Chiphouse and Mangotsfield 3
Kings Chase The district wards of Chase and New Cheltenham 3
Woodstock The district wards of Forest and Woodstock 3
Hanham The district wards of Hanham, Hanham Abbots (East) and Hanham Abbots (West) 3
Parkwall The district wards of Oldland Barrs Court and Oldland Cadbury Heath 3
Bitton The district wards of Bitton South and Oldland Longwell Green 2
Oldland Common The district wards of Bitton North Common and Bitton Oldland Common 2

Signed

Signed by authority of the Secretary of State

David Curry — Minister of State, — Department of the Environment — 28th February 1995

Explanatory note

(This note is not part of the Order)

This Order gives effect to recommendations made by the Local Government Commission for England in respect of the making of structural and boundary changes in the county of Avon.

Article 3 provides for two new districts of Bath and North East Somerset and South Gloucestershire to be constituted and establishes new district councils for those areas.

Article 4 provides for the change of name of the district of Woodspring and of Woodspring District Council.

Article 5 provides for the abolition of the county of Avon and of certain Avon districts and councils.

Article 6 provides for the constitution of four new counties.

Article 7 makes provision for the shrievalty in respect of the county of the City of Bristol.

Article 8 amends the City of Bristol (Electoral Arrangements) Order 1979 to make provision for a whole council election for the City of Bristol Council in 1995 and for reversion to election by thirds in subsequent years.

Article 9 and Schedules 1 and 2 make provision for the election of councillors to the district councils of Bath and North East Somerset and South Gloucestershire in 1995 and subsequent years, and make provision for election expenses for the 1995 election. The new wards are shown on the 6 maps prepared by the Department of the Environment, marked “Maps of the Avon (Structural Change) Order 1995”.

Those maps may be inspected at all reasonable times at the offices of the Secretary of State for the Environment, 2, Marsham Street, London SW1P 3EB, and before 1st April 1996, at the offices of Bath City Council, Wansdyke District Council, Kingswood Borough Council, and Northavon District Council, and after 1st April 1996 at the offices of Bath and North East Somerset District Council and South Gloucestershire District Council.

Article 10 makes provision for the suspension of elections in 1995 to the transferor authorities.

Article 11 effects the structural change by providing for the transfer, on 1st April 1996, of the functions of Avon County Council, in relation to each district in the county to the transferee authority for that district. The areas of the transferee authorities are shown on the map annexed to this Order on page 13.

Articles 12 and 13 make provision in respect of police services.

Article 14 makes provision for the purposes of subordinate legislation to be made under the Fire Services Act 1947 in respect of fire services in Avon.

Article 15 makes provision in respect to Avon County Council’s structure plan and to enable local plans prepared by Avon district councils under the Town and Country Planning Act 1990 to contain minerals and waste polices.

Article 16 vests Avon County Council’s superannuation fund in the Bath and North East Somerset council.

Article 17 designates the council of the district of Bristol for the purposes of certain finance functions.

Article 18 makes provision as to the powers of shadow authorities.

Articles 19 to 21 make provision with respect to preparations for implementation of the reorganisation.

Footnotes

[^f00001]: 1992 c. 19.

[^f00002]: As amended by section 39(5) of the Police and Magistrates' Courts Act 1994 c. 29.

[^f00003]: 1972 c. 70, as amended.

[^f00004]: 1990 c. 8.

[^f00005]: S.I. 1994/867.

[^f00006]: 1978 c. 30.

[^f00007]: S.I. 1980/297.

[^f00008]: 1983 c. 2.

[^f00009]: 1964 c. 48.

[^f00010]: Schedule 1B was inserted by section 3(2) of, and Schedule 2 to, the Police and Magistrates' Courts Act 1994 (c. 29) (“the 1994 Act”).

[^f00011]: Section 3 was substituted by section 2 of the 1994 Act.

[^f00012]: 1992 c. 14; section 39 of that Act was amended by section 27(1) of the 1994 Act.

[^f00013]: Sections 4A and 4B were inserted by section 4 of the 1994 Act.

[^f00014]: 1964 c. 48.; Schedule 1A was inserted by Schedule 1 to the Police and Magistrates' Courts Act 1994 (c. 29.).

[^f00015]: 1947 c. 41.; section 10 of this Act is amended by paragraph 2 of Schedule 3 to the Local Government Act 1992.

[^f00016]: Section 50 was amended and sections 36 to 38 substituted by Schedule 4 to the Planning and Compensation Act 1991 (c. 34.).

[^f00017]: S.I. 1986/24; relevant amending instruments are S.I. 1986/380 and 1987/293.

[^f00018]: S.I. 1994/2825.

[^f00019]: See in particular Part 3 of the Regulations.

[^f00020]: 1989 c. 42.

[^f00021]: The new wards comprise the areas of existing wards as named in the second column, the boundaries of which are set out in the City of Bath (Electoral Arrangements) Order 1975 S.I. 1975/1811 and the District of Wansdyke (Electoral Arrangements) Order 1975 S.I. 1975/1922.

[^f00022]: The new wards comprise the areas of existing district wards as named in the second column, the boundaries of which are set out in the District of Kingswood (Electoral Arrangements) Order 1987 (S.I. 1987/485) and the District of Northavon (Electoral Arrangements) Order 1975 (S.I. 1975/2147), the areas of existing parish wards and the areas of existing parishes.

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