The Humberside (Structural Change) Order 1995

Type Statutory-Instrument
Publication 1995-03-07
State In force
Department Queen's Printer of Acts of Parliament
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articles 12
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Made: 7th March 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 PART I — GENERAL

Citation and commencement

1

This Order may be cited as the Humberside (Structural Change) Order 1995 and shall come into force for the purposes of articles 3, 6 to 8, 10, 12(2) and (3), and 16 to 19 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 — THE CITY OF KINGSTON UPON HULL AND NEW DISTRICTS OF THE EAST RIDING OF YORKSHIRE, NORTH LINCOLNSHIRE AND NORTH EAST LINCOLNSHIRE

Constitution of new districts of the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire

3

Existing local government areas

4

PART PART III — NEW COUNTIES

Constitution of new counties

5

PART IV — ELECTORAL ARRANGEMENTS

Elections for Kingston upon Hull

6

The City of Kingston upon Hull (Electoral Arrangements) Order 1979[^f00008] shall be amended by the substitution of the following article for article 9

(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) Of the councillors elected at the ordinary election of councillors in 1995 for any ward of the city (a) one-third shall retire in 1997 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes; (b) one-third shall retire in 1998 being, subject as aforesaid, the councillor elected by the next smallest number of votes; (c) the remaining third shall retire in 1999. (4) 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. (5) If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot. (6) 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. (7) The term of office of councillors elected in 1997 shall be three years. (8) 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 the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire

7

Suspension of elections and retirement of councillors

8

PART V — LOCAL GOVERNMENT REORGANISATION IN HUMBERSIDE

Structural change

9

The functions of the County Council in relation to each Humberside district shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the transferee authority or, where there is more than one, the transferee authorities, for that district.

Humberside police authority

10

Amendment of Schedule 1A to the Police Act 1964

11

Schedule 1A to the Police Act 1964[^f00015] shall be amended by substituting for the words “The county of Humberside”in the right-hand column opposite the name of the Humberside police area the words “The non-metropolitan districts of the East Riding of Yorkshire, Kingston upon Hull, North East Lincolnshire and North Lincolnshire.”

Fire Services

12

Planning Functions

13

and any proposals prepared before that date for the alteration or replacement of any of those plans shall be treated as if they had been prepared jointly by the councils for those areas, and section 50 of the Town and Country Planning Act 1990[^f00017] shall apply accordingly.

and any proposals prepared before that date for the alteration or replacement of any of those plans shall be treated as if they had been prepared jointly by the councils for those areas, and section 50 of the Town and Country Planning Act 1990 shall apply accordingly.

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

Superannuation fund

14

The Superannuation fund maintained by the County Council under the Local Government Superannuation Regulations 1986[^f00018] together with all rights and liabilities in respect of the fund shall vest in the council of the district of the East Riding of Yorkshire.

Designated authority

15

The council of the district of East Riding of Yorkshire is specified as the designated authority for the purposes of the Local Government Changes for England (Finance) Regulations 1994[^f00019] .

PART VI — TRANSITIONAL AND CONSEQUENTIAL PROVISION

Shadow authorities

16

During the preliminary period

Co-operation and information

17

Preparations for transfer of functions

18

Activities preliminary to the exercise of functions

19

Where, during the preliminary period, a transferor 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

1

Parishes which are to be transferred from Boothferry to the East Riding of Yorkshire are as follows:

2

Parishes which are to be transferred from Boothferry to North Lincolnshire are as follows:

SCHEDULE 2 — ELECTORAL AREAS AND COUNCILLORS IN THE EAST RIDING OF YORKSHIRE

Name of new ward Description of area of new ward[^f00022] Number of councillors
Beverley Rural The area of the county division of Beverley Rural 2
Boothferry West The area of the county division of Boothferry West except the areas of the parishes of Barmby on the Marsh, Asselby, Howden and Airmyn 2
Bridlington North The area of the county division of Bridlington North 3
Bridlington Old Town The area of the county division of Bridlington Old Town 3
Bridlington South The area of the county division of Bridlington South 3
Cottingham North The area of the county division of Cottingham North 3
Cottingham South The area of the county division of Cottingham South 2
Dale The area of the county division of Dale 3
Driffield and Rural The area of the county division of Driffield and Rural 3
East Wolds and Coastal The area of the county division of East Wolds and Coastal 3
Goole The area of the county division of Goole 2
Hessle The area of the county division of Hessle 2
Mid Holderness The area of the county division of Mid Holderness 3
North East Holderness The area of the county division of South East Holderness 3
South West Holderness The area of the county division of South West Holderness 3
Howden The area of the district ward of Howden 1
Howdenshire The area of the county division of Howdenshire 3
Minster The area of the county division of Minster 3
Pocklington Provincial The area of the county division of Pocklington Provincial 3
Snaith, Airmyn and Rawcliffe and Marshland The area of the district wards of Snaith, Airmyn and Rawcliffe, and Marshland 2
South Hunsley The area of the county division of South Hunsley 3
St Mary's The area of the county division of St Mary's 2
Tranby The area of the county division of Tranby 3
Wolds Weighton The area of the county division of Wolds Weighton 3
Wolfreton The area of the county division of Wolfreton 2

SCHEDULE 3 — ELECTORAL AREAS AND COUNCILLORS IN NORTH LINCOLNSHIRE

Name of new ward Description of area of new ward[^f00023] Number of councillors
Ashby The area of the county division of Ashby 3
South Axholme The area of the county division of South Axholme except the district ward of Keadby with Althorpe 3
Bottesford The area of the county division of Bottesford 3
Brumby The area of the county division of Brumby 3
Burton upon Stather and Gunness The area of the district ward of Burton upon Stather and Gunness 2
Crosby and Park The area of the county division of Crosby and Park 3
Crowle, North Axholme and Keadby with Althorpe The district wards of Crowle, North Axholme and Keadby with Althorpe 2
Ferry The area of the county division of Ferry 3
Frodingham and Town The area of the county division of Frodingham and Town 3
Haven The area of the county division of Haven 3
Kingsway The area of the county division of Kingsway 3
Lincoln Gardens The area of the county division of Lincoln Gardens 3
Ridge The area of the county division of Ridge 3
North West and Winterton The area of the district wards of North West and Winterton 2
Wold The area of the county division of Wold 3

SCHEDULE 4 — ELECTORAL AREAS AND COUNCILLORS IN NORTH EAST LINCOLNSHIRE

Name of new ward Description of area of new ward[^f00024] Number of councillors
Croft Baker The area of the county division of Croft Baker 3
Freshney The area of the county division of Freshney 3
Haverstoe The area of the county division of Haverstoe 3
Heneage The area of the county division of Heneage 3
Humberston The area of the county division of Humberston 3
Immingham The area of the county division of Immingham 3
Marsh The area of the county division of Marsh 3
North East The area of the county division of North East 3
Park (Cleethorpes) The area of the county division of Park (Cleethorpes) 3
Park (Great Grimsby) The area of the county division of Park (Great Grimsby) 3
Scartho The area of the county division of Scartho 3
South The area of the county division of South 3
Wold Parishes The area of the county division of Wold Parishes 3
Yarborough The area of the county division of Yarborough 3

Signed

Signed by authority of the Secretary of State.

Robert Jones — Parliamentary Under Secretary of State, — Department of the Environment — 7th March 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 Humberside.

Article 3 and Schedule 1 provide for three new districts of the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire to be constituted and establishes new district councils for those areas. The areas of Boothferry which are transferred to the East Riding of Yorkshire and North Lincolnshire are shown on the map annexed to this Order on page 15.

Article 4 provides for the abolition of the county of Humberside and of certain Humberside districts and councils.

Article 5 provides for the constitution of four new counties.

Article 6 amends the City of Kingston upon Hull (Electoral Arrangements) Order 1979 to make provision for a whole council election in the City of Hull in 1995 and for reversion to election by thirds in subsequent years.

Article 7 and Schedules 2 to 4 make provision for whole council elections to the district councils of the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire in 1995 and subsequent years, and make provision for election expenses for the 1995 election.

Article 8 makes provision for the suspension of elections to the transferor authorities.

Article 9 effects the structural change by providing for the transfer, on 1st April 1996, of the functions of Humberside County Council in relation to each district in the county to the transferee authority for that district.

Articles 10 and 11 make provision in respect of police services.

Article 12 makes provision for the purposes of subordinate legislation to be made under the Fire Services Act 1947 in respect of fire services in Humberside.

Article 13 makes provision in respect of planning functions.

Article 14 vests Humberside County Council’s superannuation fund in the council of the district of the East Riding of Yorkshire.

Article 15 designates the council of the district of the East Riding of Yorkshire for the purposes of certain finance functions.

Article 16 makes provision as to the powers of shadow authorities.

Articles 17 to 19 make provision with respect to preparations for implementation of the reorganisation.

Areas transferred as from 1 April 1996[image omitted]

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. 1981/167.

[^f00006]: S.I. 1994/867.

[^f00007]: 1978 c. 30.

[^f00008]: S.I. 1979/1113.

[^f00009]: 1983 c. 2.

[^f00010]: 1964 c. 48.

[^f00011]: 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 ).

[^f00012]: Section 3 was substituted by section 2 of the 1994 Act.

[^f00013]: 1992 c. 14; section 39 of that Act was amended by section 27(1) of the 1994 Act.

[^f00014]: Sections 4A and 4B were inserted by section 4 of the 1994 Act.

[^f00015]: 1964 c. 48; Schedule 1A was inserted by Schedule 1 to the Police and Magistrates' Courts Act 1994 (c. 29).

[^f00016]: 1947 c. 41; section 10 of this Act is amended by paragraph 2 of Schedule 3 to the Local Government Act 1992.

[^f00017]: Section 50 was amended and sections 36 to 38 substituted by Schedule 4 to the Planning and Compensation Act 1991 (c. 34).

[^f00018]: S.I. 1986/24; relevant amending instruments are S.I. 1986/380 and 1987/293.

[^f00019]: S.I. 1994/2825.

[^f00020]: See in particular Part 3 of the Regulations.

[^f00021]: 1989 c. 42.

[^f00022]: The areas of the new wards follow the old electoral divisions, except for the area of the new ward of Snaith, Airmyn and Rawcliffe and Marshland which comprises the area for the existing wards of Snaith, Airmyn and Rawcliffe and Marshland as set out in the District of Boothferry (Electorial Arrangements) Order 1975 (S.I. 1975/2142) and the area of the new ward of Howden, which comprises the area of the existing ward of Howden as set out in that Order.

[^f00023]: The areas of the new wards follow the old electoral divisions. The area of the new ward of Crowle, North Axholme and Keadby with Althorpe comprises the areas of the existing district wards of Crowle, North Axholme and Keadby with Althorpe as set out in the District of Boothferry (Electoral Arrangements) Order 1975. The area of the new ward of Burton upon Stather and Gunness, and the area of the new ward of North West and Winterton, comprises the areas of the existing district wards of Burton upon Stather and Gunness, and North West and Winterton respectively as are set out in the Borough of Glanford (Electoral Arrangements) Order 1976 (S.I. 1976/1001).

[^f00024]: The areas of the new wards follow the old electoral divisions.

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