The Local Government Reorganisation (Wales) (Rent Officers) Order 1996

Made: 11th March 1996

Laid before Parliament: 11th March 1996

Coming into force: 1st April 1996

The Secretary of State for Wales, in exercise of the powers conferred by section 54(1) of the Local Government (Wales) Act 1994[^f00001], hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Local Government Reorganisation (Wales) (Rent Officers) Order 1996 and shall come into force on 1st April 1996.

• (2) In this Order—

• “the 1994 Act” means the Local Government (Wales) Act 1994;

• “new authority” means a county or county borough council established under the 1994 Act;

• “old authority” means a county council which ceases to exist as a result of the 1994 Act;

• “rent officer” means a person appointed as a rent officer in pursuance of a scheme made under section 63 of the Rent Act 1977[^f00002].

Application

2

This Order applies to any person who immediately before 1st April 1996 held office as a rent officer in Wales and who would have continued to hold office after that date but for the abolition of the old authority whose proper officer appointed him.

Appointment of Rent Officers on and after 1st April 1996

3

• (1) Subject to paragraph (2), a rent officer to whom this Order applies and who held office as a result of being appointed by the proper officer of an old authority named in column 1 of the following Table shall, on and after 1st April 1996, if he has not been appointed as a rent officer by the proper officer of the new authority named opposite in column 2, be treated as having been so appointed—

• (2) A rent officer to whom this Order applies and whose duties have been certified by the Secretary of State to relate mainly to the district of Rhymney Valley shall, on and after 1st April 1996, if he has not been appointed as a rent officer by the proper officer of Newport County Borough Council, be treated as having been so appointed.

Continuation of terms and conditions of appointment

4

• (1) The terms and conditions of appointment of a rent officer to whom this Order applies shall not be terminated by the abolition of the old authority whose proper officer made the appointment but shall have effect on and after 1st April 1996 as if that appointment was by the proper officer of the new authority by whom that person is, or is treated as having been, appointed.

• (2) Without prejudice to paragraph (1)—

• (a) all rights, powers, duties and liabilities of the old authority or its proper officer, as referred to in paragraph (1), under, or in connection with, the terms and conditions on which the rent officer held office shall be transferred on 1st April 1996 respectively to the new authority or its proper officer as referred to in that paragraph; and

• (b) anything done before 1st April 1996 by or in relation to the old authority or its proper officer, as referred to in paragraph (1), in respect of the terms and conditions or the rent officer shall be deemed from that date to have been done by or in relation to the new authority or, as the case may be, its proper officer as referred to in that paragraph.

• (3) Nothing in this article affects any right of a rent officer to terminate his appointment but no such right shall arise by reason only of the abolition of the old authority whose proper officer appointed him.

Signed

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under Secretary of State, Welsh Office — 11th March 1996

Explanatory note

(This note is not part of the Order)

On 1st April 1994 the new principal councils established under the Local Government (Wales) Act 1994 take over the responsibility for the administration of Welsh local government from the old principal councils which cease to exist. This Order makes provision in respect of rent officers in Wales as a result of that reorganisation.

The Order gives effect to agreed arrangements for the transfer of rent officers in Wales. It treats rent officers as having been duly appointed to office on or after 1st April 1996 in those cases where they have not been so appointed (article 3) and preserves continuity in respect of their terms and conditions of appointment (article 4).

Footnotes

[^f00001]: 1994 c. 19.

[^f00002]: 1977 c. 42.