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The Local Government (Changes for the Registration Service in Berkshire, Cam bridgeshire, Cheshire, Devon, Essex, Hereford and Worcester, Kent, Lancashire, Notting hamshire and Shropshire) Order 1997

Type Statutory-Instrument

Publication 1997-12-23

State In force

Department Queen's Printer of Acts of Parliament

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Made: 23rd December 1997

Laid before Parliament: 31st December 1997

Coming into force: 21st January 1998

The Secretary of State, in exercise of the powers conferred by sections 17(1) and (4) and 26(4) and (5)(b) of the Local Government Act 1992¹ and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation, commencement and interpretation

1

(1) This Order may be cited as the Local Government (Changes for the Registration Service in Berkshire, Cambridgeshire, Cheshire, Devon, Essex, Hereford and Worcester, Kent, Lancashire, Nottinghamshire and Shropshire) Order 1997 and shall come into force on 21st January 1998.

(2) In this Order,—

“the 1949 Act” means the Marriage Act 1949²;

“the 1953 Act” means the Registration Service Act 1953³;

“the 1992 Act” means the Local Government Act 1992;

“approved registration scheme” means a scheme submitted to the Chancellor of the Exchequer in accordance with article 2 of this Order and approved by the Chancellor of the Exchequer⁴ under section 14 of the 1953 Act⁵;

“district” means a registration district for the purposes of section 5 of the 1953 Act⁶;

“new authority” means the authorities to which the functions of an old authority are transferred by an order made under section 17 of the 1992 Act, being: Bracknell Forest Borough Council, Newbury District Council, Reading Borough Council, Slough Borough Council, the council of the Royal Borough of Windsor and Maidenhead and Wokingham District Council⁷; Peterborough City Council⁸; Halton Borough Council and Warrington Borough Council⁹;

Plymouth City Council and Torbay Borough Council¹⁰; Southend-on-Sea Borough Council and Thurrock Borough Council¹¹; Herefordshire District Council and Worcester shire County Council¹²; the Medway Towns District Council¹³;

Blackburn with Darwen Borough Council and Blackpool Borough Council¹⁴; Nottingham City Council¹⁵; and the District of The Wrekin¹⁶;

“old authority” means Berkshire County Council, Cambridgeshire County Council, Cheshire County Council, Devon County Council, Essex County Council, Hereford and Worcester County Council, Kent County Council, Lancashire County Council, Nottinghamshire County Council and Shropshire County Council, being local authorities from which functions are transferred to a new authority by an order made under section 17 of the 1992 Act¹⁷;

“registration officer” means any superintendent registrar or registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act and “office” shall be construed accordingly; and

“sub-district” means a registration sub-district for the purposes of section 5 of the 1953 Act.

Local Registration Service

2

(1) Each new authority shall not later than 28th January 1998 submit to the Chancellor of the Exchequer a scheme for the purposes of section 13 of the 1953 Act, and section 13(2) and (3) (provision to be made by local scheme) and section 14(4) (approval of schemes by the Chancellor of the Exchequer) of the 1953 Act shall apply to any scheme so submitted.

(2) If a new authority fails to submit a scheme in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, submit to the Chancellor of the Exchequer a scheme for the purposes of section 13 of the 1953 Act and any scheme so prepared by him, if approved by the Chancellor of the Exchequer, shall have effect as if it were a scheme submitted by the new authority and approved by the Chancellor of the Exchequer.

(3) Subject to any further scheme made by a new authority and approved by the Chancellor of the Exchequer under section 14 of the 1953 Act, the approved registration scheme shall have effect for the organisation of the registration service in the area of the authority to which it relates from 1st April 1998.

Transfer of Registration Officers

3

(1) This article applies to any registration officer—

(a) who immediately before 1st April 1998 holds office in or for a district or sub-district in the area of an old authority under an appointment made by that authority;

(b) who would have continued to hold that office after 1st April 1998 but for the transfer of local government functions from that authority to a new authority; and

(2) Every registration officer to whom this article applies shall, on 1st April 1998—

(a) be transferred from the old authority mentioned in column (2) of the Schedule to this Order opposite his name to the new authority mentioned in column (3) of that Schedule opposite his name; and

(b) if an office is allocated to him in accordance with article 4 of this Order, become the holder of that office as if he had been appointed to it by the new authority.

(3) Any provision in this Order for the transfer of a person not engaged whole-time as a registration officer shall apply only to his office as a registration officer.

Allocation of Staff

4

(1) Each new authority shall not later than 16th February 1998 submit to the Registrar General proposals for allocating to the posts described in the approved registration scheme for the area of the authority the registration officers who may, pursuant to paragraph (2) of article 3 of this Order, be transferred to the new authority on 1st April 1998.

(2) Not later than the day on which proposals under paragraph (1) of this article are submitted to the Registrar General, the new authority shall send a copy of the proposals to every registration officer affected by them and the Registrar General, after considering any representations with respect to the proposals made by any such officer within a period of fourteen days after the submission of the proposals, may approve the proposals with or without modifications.

(3) The new authority shall allocate the officers who are transferred to the new authority pursuant to paragraph (2) of article 3 of this Order to the posts described in the approved registration scheme for the area of the authority in accordance with the proposals approved by the Registrar General under paragraph (2) of this article.

(4) If any new authority fails to submit proposals in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, and with the registration officers affected, determine the allocation of officers to the posts described in the approved registration scheme for the area of the authority and any allocation so determined shall have effect as if it had been proposed by the new authority and approved by the Registrar General.

Registration Officers to be Treated as Employees for Certain Purposes

5

For the purposes of any order made under section 23 of the 1992 Act (staff commissions)¹⁸ and regulations 3 (continuity of employment), 4 (transfers of staff) and 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 1995¹⁹ any registration officer shall, as respects his office, be treated as employed by the old authority by which he was appointed and, on and after 1st April 1998, as an officer in the employment of the new authority to which he is transferred in accordance with article 3(2) of this Order, and any reference in such Order or in those Regulations—

(a) to “employed”, “employment”, “employee”²⁰ or “employer” shall be construed accordingly; and

(b) to a “contract of employment” shall be construed as a reference to the terms and conditions of the registration officer’s appointment.

DRAFT STAFF TRANSFER ORDER 1998 — SCHEDULE

(1)	(2)	(3)
NAME OF OFFICER	OLD AUTHORITY	NEW AUTHORITY
Mrs Maureen C E Morris Mrs Noelle Roberts Frederick H Seddon Mrs Evelyn M Reader	BERKSHIRE	BRACKNELL FOREST
Mrs Elizabeth A Pearce Mrs Julia A Baker Mrs Julie C Young Mrs Susan A Painter Mrs Olive Wilcox Mrs Catherine A Mayo Mrs Winifred G Charlton Mrs Jane Porter Mrs Lindsay Jansingh Brian A Freer	BERKSHIRE	NEWBURY
David B Owen Mrs Marianne Scott Mrs Carole A Y Roberts Mrs Valerie Ward Mrs Margaret B Glendinning Mrs Elaine M Cowling Mrs Jennifer Beeney Mrs Sheila B J Tibbles Malcolm L Seager Mrs Hilary Sedgwick John C Brookes	BERKSHIRE	READING
Mrs Valerie V E Boulter Mrs Barbara Dixon Mrs Barbara M Mullins Mrs Shirley A Carter Robert M Slater Mrs Barbara H Bradford Mrs Janette Placquet Mrs Anne Green Mrs Lynda Daniel	BERKSHIRE	SLOUGH
Mrs Barbara A E Layzell Mrs Kathleen E Atkinson Mrs Thelma J Taylor Mrs Linda Kendall Mrs Ruth F Robinson Peter A Smith Mrs Mary-Lou Kellaway Mrs Claire P Paterson Mrs Elaine Martin Mrs Isabella M Brown Mr Peter Edwards	BERKSHIRE	WINDSOR & MAIDENHEAD
Mrs Christine M Whittington Mrs Davina J Howard Mrs Linda M Shephard Mrs Kim Williamson	BERKSHIRE	WOKINGHAM
Mrs Janet Elliott Mrs Valerie Tozer Mrs Pauline S Southam Mrs Wendy M Smith Mrs Eileen J Afford Mrs Brenda E Whaley Mrs Barbara Harris Mrs Rosalind S Yardy Mrs Judy Moss	CAMBRIDGESHIRE	PETERBOROUGH
Mrs Sandra V Jones Mrs Barbara Owen Mrs Yvonne Macleod Mrs Pamela E Moore Mrs Christine M Ditchfield	CHESHIRE	HALTON
Mrs Irene Sanders Mrs Mary S Coneeny Mrs Florence M Owens Mrs Ruth Hopwood Mrs Susan Kinsella Mrs Patricia A Maddox Mrs Denise J Young Ms Kay Bailey	CHESHIRE	WARRINGTON
Graham Leverett Michael J Beer Mrs Jean A Fearnehough John A Boon Mrs Marilyn J Willis Mrs Gillian M Williams Jeffrey J I Moon Mrs Jean Barker Mrs Patricia A Evans Mrs Eleanor Ritchie Mrs Elizabeth A Conday Mrs Jean Stokes	DEVON	PLYMOUTH
Stephen J Leeming Mrs Felicity C V Wilkes Trevor E E Spratt Paul J Davey Mrs Patricia A Wright Mrs Penelope N Robinson Mrs Margaret Knight Mrs Marian R Walters John R Hooper Anthony G Wheaton Mrs Wendy M Wotton	DEVON	TORBAY
Mrs Helen R Wilson Mrs Lilian B Mathews Mrs Jacqueline T Swinford Mrs Susan Miller Ms Lynn Carroll Miss Patricia A Elson Mrs Barbara M Margerum Derrick C Belsham Mrs Penny J Brown Mrs Kathleen M Tilford	ESSEX	SOUTHEND-ON-SEA
Mrs Carol A Leicy John George Mrs Josephine Delaney Mrs Linda A Jones Miss Joanne George	ESSEX	THURROCK
Mrs Susan K Weatherhill John Davies Ms Joanna L Cross Mrs Lynne Pugh Mrs Claire A Berrow Mrs Pauline J Angell Peter T Klein Mrs Margaret R Ingram Mrs Elizabeth B Newman Mrs June McQuaid Mrs Penelope K Gregory Mrs Jill E Hobkirk Mrs Valerie A Pilliner Mrs Jean C Bufton Mrs Sheila Stephens Mrs Jennifer M Harris Mrs Ann E Griffiths Mrs Margaret V Hughes Mrs Jacqueline Thorne	HEREFORD & WORCESTER	HEREFORDSHIRE
Mrs Judy L Hadley Mrs Jayne M Silk Mrs Gail R Dovey James R Tringham Mrs Barbara J Stiles Russell Doidge Mrs Maureen A Langston Mrs Gillian Walters Mrs Stephanie T Aitchison Mrs Brenda M Aguirre-Ruiz Mrs Molly Penson Mrs Josephine A Stratton Mrs Laura M Plumridge Mrs Judith M Husband Mrs Judith M Megarry Mrs Susan D Horton Mrs Lesley S Hall Mrs Catherine A Lee Mrs Catherine B Abell Mrs Madeline R Cresswell Mrs Judith A Bassett Mrs Janet Jellis Mrs Sandra S Hull Dennis Jones Mrs Carolyn C Davies Mrs Marilyn Collins Mrs Deborah Clifford-Smith Barry D Hughes Mrs Linda M Yuille Colin R Price Mrs Diana M Pickles Mrs Vanda Harding Mrs Sally Baker Mrs Anne V Hadley Mrs Wendy A Gough Geoffrey Edwards Mrs Karen E Langhorn Mrs Sylvia J Davies	HEREFORD & WORCESTER	WORCESTERSHIRE
Barry Sims Mrs Christine J Laidlaw Mrs Peggy-Anne van de Peer Michael A Bridge Mrs Jacqueline B Jameson Mrs Pamela L Strevens Mrs Sara Lofthouse Douglas Cleworth Mrs Sandra E Conlan Kenneth Shuttleworth Mrs Jennifer Hammond-Hewett Mrs Tracey King Mrs Antoinette J Houbart Mrs Pamela Round	KENT	MEDWAY TOWNS
Raymond M Enshaw Mrs Susan C Cox Mrs Ann Walsh Mrs Jacqueline A Brooks Mrs Karen Kay Mrs Judith C Talbot Mrs Patricia M Watson Mrs Alison Smith Mrs Margaret Gostelow Mrs Joanne Miller Mrs Heather L Mather	LANCASHIRE	BLACKBURN WITH DARWEN
David R Hill Mrs Doris Hodgson Mrs Elizabeth Flynn Mrs Carole J Fenton Mrs Bernice Heeley Mrs Susan Jones Mrs Elizabeth Morrison Mrs Jan A Simeon Mrs Kathryn S Holt Mrs Patricia A Webster	LANCASHIRE	BLACKPOOL
Stephen M Patmore Mrs Kathleen H Dempsey Mrs Margaret K Dolan Mrs Gillian M Wilmot Miss Jenny A Haskey Mrs Sandra C Dudson Mrs Jacqueline A Hooper Paul D Chance Mrs Brenda Lees Miss Jacqueline D Blundy Ian Bridge Mrs Margaret Fazackerley	NOTTINGHAMSHIRE	NOTTINGHAM
Mrs Ann R Perkins Mrs Audrey J Bates Mrs Yvonne J Slow Mrs Karen Richards Robert N Coles Kenneth J Rea Mrs Gwen Emberton Mrs Diane Jones	SHROPSHIRE	THE WREKIN

Signed

Signed by the authority of the Secretary of State

Glenda Jackson — Parliamentary Under Secretary of State, — Department of the Environment, Transport and the Regions — 23rd December 1997

Explanatory note

(This note is not part of the Order)

This Order provides for changes to the local registration service in Berkshire, Cambridgeshire, Cheshire, Devon, Essex, Hereford and Worcester, Kent, Lancashire, Notting hamshire and Shropshire, in consequence of structural and boundary changes in those areas made by orders under section 17 of the Local Government Act 1992.

The Order provides for schemes to be made in respect of the affected areas establishing registration districts and sub-districts, determining the location of registration offices and the number of superintendent registrars, registrars of births and deaths and other officers required for the purposes of the Registration Acts. All registration officers holding office immediately before 1st April 1998 will be transferred by the Order on that date to one of the new authorities.

Transitional provisions with regard to notices given and certificates issued under the Marriage Act 1949; marriages to be solemnised before registration officers, and the registration of births and deaths are to be found in the Local Government Changes for England Regulations 1994 (S.I. 1994/867).

Footnotes

1992 c. 19.

1949 c. 76.

1953 c. 37.

Section 14 requires the approval of “the Minister” which, by virtue of section 21(1) of the 1953 Act, as amended by article 5(1) of and paragraph 13 of Schedule 2 to the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273), means the Chancellor of the Exchequer.

Section 14 was amended by section 251 of and paragraph 41(2) of Schedule 29 to the Local Government Act 1972 (1972 c. 70).

Section 5 was amended by section 251 of and paragraph 41(1) of Schedule 29 to the Local Government Act 1972.

The functions of the County Council of the Royal County of Berkshire in relation to the boroughs of Bracknell Forest, Reading, Slough, the Royal Borough of Windsor and Maidenhead and the districts of Newbury and Wokingham are transferred to the councils of those areas by article 3 of the Berkshire (Structural Change) Order 1996 (S.I. 1996/1879).

The functions of Cambridgeshire County Council in relation to the city of Peterborough are transferred to the city council by article 5 of the Cambridgeshire (City of Peterborough) (Structural, Boundary and Electoral Changes) Order 1996 (S.I. 1996/1878).

The functions of Cheshire County Council in relation to the boroughs of Halton and Warrington are transferred to the councils of those boroughs by article 3 of the Cheshire (Boroughs of Halton and Warrington) (Structural Change) Order 1996 (S.I. 1996/1863).

The functions of Devon County Council in relation to the city of Plymouth and the borough of Torbay are transferred to the councils of those areas by article 3 of the Devon (City of Plymouth and Borough of Torbay) (Structural Change) Order 1996 (S.I. 1996/1865).

The functions of Essex County Council in relation to the boroughs of Southend-on-Sea and Thurrock are transferred to the councils of those boroughs by article 3 of the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996 (S.I. 1996/1875).

The functions of Hereford and Worcester County Council in relation to the District of Herefordshire and the County of Worcestershire are transferred to the councils of those areas by article 12 and article 22 of the Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996 (S.I. 1996/1867). A new non-metropolitan district of Herefordshire has been created by article 3 and a new non-metropolitan County of Worcestershire has been created by article 4 of the Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996 (S.I. 1996/1867).

The functions of Kent County Council in relation to the district of the Medway Towns is transferred to the district council by article 4 of the Kent (Borough of Gillingham and City of Rochester upon Medway) (Structural Change) Order 1996 (S.I. 1996/1876).

The functions of Lancashire County Council in relation to the boroughs of Blackburn with Darwen and Blackpool are transferred to the councils of those areas by article 3 of the Lancashire (Boroughs of Blackburn and Blackpool) (Structural Change) Order 1996 (S.I. 1996/1868).

The functions of Nottinghamshire County Council in relation to the city of Nottingham is transferred to the city council by article 3 of the Nottinghamshire (City of Nottingham) (Structural Change) Order 1996 (S.I. 1996/1877).

The functions of Shropshire County Council in relation to the district of The Wrekin is transferred to the district council by article 3 of the Shropshire (District of The Wrekin) (Structural Change) Order 1996 (S.I. 1996/1866).

See S.I. 1996/1879, S.I. 1996/1878, S.I. 1996/1863, S.I. 1996/1865, S.I. 1996/1875, S.I. 1996/1867, S.I. 1996/1876, S.I. 1996/1868, S.I. 1996/1877 and S.I. 1996/1866.

See S.I. 1993/1098.

S.I. 1995/520 as amended by S.I. 1996/455.

“Staff” in section 23 includes “employee” by virtue of section 28(1).

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