LegalizeThe Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008
Regulation 17 disapplies section 15 of the Local Government and Housing Act 1989, which relates to political balance on local authority committees, in relation to appointments, whether made before or after the reorganisation date, to the same licensing and planning committees as are referred to in regulation 16, where the single tier council succeeds a county council and is to hold elections of its councillors in 2009. But paragraph (2) of the regulation makes provision for appointments to be made to those committees, so far as practicable, so as to ensure that the seats on the committee are allocated to particular political groups in the same proportion as the seats on the preparing council’s Implementation Executive are for the time being or, in the case of appointments by the 2009-electing council, were immediately before the reorganisation date, filled by persons who are members of particular political groups. In making such appointments account must be taken of the membership of particular political groups of the persons (if any) in respect of whom the preparing council has resolved (under regulation 16) that they should be co-opted to the committee concerned. These rules affect the making of appointments only where the period of membership ends before on the fourth day after the ordinary day of election of councillors in 2009. The effect of paragraphs (4) to (6) of regulation 16 is to enable an Implementation Executive to dispense with these rules if the preparing or 2009-electing council concerned has approved alternative arrangements in the manner prescribed by the Secretary of State and no member of the Implementation Executive voted against disapplying the rules.
Part 6 contains transitional arrangements relevant to certain planning functions. Regulation 19 provides for continuity as regards local development documents for the purposes of section 23 of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”). Regulation 20 modifies Part 1 of the 2004 Act and the Town and Country Planning (Regional Planning) (England) Regulations 2004 as regards regional planning functions. Regulation 21 modifies Part 2 of the 2004 Act (subject to regulations 22 and 23) and the Town and Country Planning (Local Development) (England) Regulations 2004 as regards local development functions. Regulations 22 and 23 make modifications in relation to the application of section 15 of the 2004 Act to local development schemes (other than minerals and waste development schemes) and statements of community involvement, respectively. Regulation 24 provides for continuity as regards certain joint committees established under section 29 of the 2004 Act and for their dissolution.
In Part 7 regulation 25 deals with functions relating to education. It requires the establishment by shadow councils and by preparing councils which are district councils of transitional schools forums that, in relation to the financial year beginning on the reorganisation date, and instead of the Schools Forums of councils which are to be dissolved on that date, are to serve the same purposes as are served by Schools Forums under the School Standards and Framework Act 1998.
In Part 8, regulation 26 provides for the discharge of functions under Part 6 of the Local Government and Housing Act 1989, which relates to housing finance, so far as those functions need to be discharged before the reorganisation date as regards the financial year beginning on 1st April 2009. The functions are to be discharged by the council (either the preparing county council or the shadow council) that is to succeed on the reorganisation date the council that would otherwise have discharged those functions.
Regulation 27 relates to functions under the Homelessness Act 2002 other than those for which provision is made in regulation 12(1)(c). Where such functions are to be discharged before the reorganisation date and in relation to the year beginning on that date, that Act is to be effect as if references to a local housing authority included references to a shadow council and to a preparing council which is a county council.
Regulation 28 relates to reports (whether in draft or final form) of statutory audits, inspections and investigations that are received by a council which is to be dissolved on the reorganisation date. Depending on the type of council that is involved in the arrangements for the transfer to single tier local government on the reorganisation date, the council that receives the report is required to send a copy of it to the proper officer of the Implementation Executive of the preparing council or to the proper officer of the preparing council or the shadow council. If as a consequence of the report, the council that is to be dissolved is minded to vary in a material respect any of its policies, procedures or structures, it can do so only if it has first consulted the relevant preparing or shadow council and has taken account of any comments received.
Regulation 29 applies to a single tier council which is a county council, is required by a section 7 order to hold an election of its councillors in 2008, and is changing its governance arrangements to move to a “new style” leader and cabinet executive (the leader and cabinet executive (England)). The regulation disapplies subsections (4) and (5) of section 33G of the Local Government Act 2000 (sections 33A to 33O are inserted by section 64 of the 2007 Act) and certain transitional provisions in Part 1 of Schedule 4 to the 2007 Act. It also modifies section 33G(2), as applied by the transitional provisions, with the effect that the council must stop operating its current arrangements and move to its new arrangements on the day before its first meeting after the reorganisation date.
Regulation 30 requires a single tier council which is a county council to treat its first meeting after the reorganisation date as its post-election annual meeting for the purposes of section 44A(2) of the Local Government Act 2000. The effect is to require such a council to elect the executive leader at that meeting. (If it fails to do so, section 44A(3) of that Act provides for the executive leader to be elected at a subsequent meeting of the council.)
Regulation 31 requires every shadow council and every preparing council which is a county council and to review and, where appropriate, revise any plan prepared under regulation 25 of the Pipelines Safety Regulations 1996 (emergency plans in case of major accidents) which is to have effect in the council’s area on and after the reorganisation date. The duty is to be discharged before the reorganisation date. Regulation 25(3) of those Regulations is modified so that the three-year cycle of reviews of the plan begins in the third year after that in which the reorganisation date falls.
Regulation 32(1) enables a council that is to be dissolved on the reorganisation date to elect as honorary aldermen not only past members of the council but also serving members. Regulation 32(2) provides for honorary aldermen of a dissolved council to become honorary aldermen of its successor council on the reorganisation date, but where there is more than one successor council, those persons may become honorary aldermen of one of the successor councils or of another local authority, depending on the location of the electoral area for which the person was last returned as a councillor of the dissolved council.
Regulation 33 makes similar provision in relation to persons who are honorary freemen.
In Part 9, regulation 34 substitutes paragraphs (6) and (7) of regulation 5 of the Local Government (Changes for England) Regulations 1994, which deals with the construction of enactments in consequence of orders made under section 17 of the Local Government Act 1992. The substitution makes it clear that paragraphs (6) and (7) are concerned only with orders under section 17 of the 1992 Act and achieves consistency with regulation 3(1) and (2) of these Regulations.
A full impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.
Footnotes
2007 c.28. Section 14(2) provides for section 14(1) to be read with section 15.
See alsosection 14(3), which provides that regulations under section 14 have effect subject to any provision included in an order under section 7 or 10.
See also section 98(3) and (4) and the definition of “reorganisation order” in section 102(2).
1997 c.29. Part 2 is repealed, with savings; see S.I. 2008/337.
1972 c.11. There are amendments of which none is relevant to these Regulations.
1972 c.70, to which there are amendments not relevant to these Regulations.
S.I. 2000/2853; amended by S.I.s 2008/516 and 2008/744; there are other amending instruments but none is relevant.
1946 c.36. See section 1(1) and (2) and S.I. 1948/1.
1983 c. 2. Section 8(2) was amended by the Local Government (Wales) Act 1994 (c.19), Schedule 16, para 68(1). Section 37 was amended, and section 37A inserted, by section 60 of the Local Government and Public Involvement in Health Act 2007 (c.28). There are other amendments not relevant to these Regulations.
S.I. 2004/293. See also sections 37 and 37A of the Representation of the People Act 1983. See also S.I. 2008/2857, which amends the definition of “local counting area”.
Defined in Schedule 1 to the Interpretation Act 1978 (c.30).
By virtue of section 28(2) of the 1983 Act, the excepted duties are those relating to the issue of the writ and, if the returning officer reserves to himself and undertakes to perform in person, those relating to the declaration of the result.
Paragraph (aa) was inserted by the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 68(4).
The only predecessor councils that can make appointments under section 8 are district councils.
As to the discharge of a returning officer’s duties by a registration officer (as acting returning officer) see section 28(1)(b) of the 1983 Act.
See the definition of “establishment” in regulation 2(1) of the COMAH Regulations.
As to the application of the 2001 Regulations, see regulation 3 of those Regulations.
Definitions of these expressions are to be found in regulation 2(1) of the 2001 Regulations.
1996 c.52, amended by the Homelessness Act 2002 (c.7), section 16.
S.I. 2002/1860. As to the requirement for the policy, see article 4 of the 2002 Order.
1995 c.50. Section 28D was inserted by section 14(1) of the Special Educational Needs and Disability Act 2001 (c.10) and amended by paragraph 26 of Schedule 21 to the Education Act 2002 (c.32). Subsection (6) was repealed by the Children Act 2004 (c.31), Schedule 5, Part 3. Subsection (13) was amended by the Education Act 2005 (c.18), Schedule 9, para 8.
S.I. 2005/ 2149, amended by S.I. 2007/57.
2002 c.7. Section 3 was amended by the Local Government Act 2003 (c.26), Sch. 7, para 81. For the meaning of “homelessness review” see section 2. For the meaning of “homelessness strategy” see section 3. Section 4 contains other relevant definitions.
See the definition of “authority” in regulation 2(1) of S.I. 2005/2149.
S.I. 2004/2362 appointed 7th January 2005 as the start of the first three year period for the purposes of section 5 of the Licensing Act 2003.
S.I. 2006/637 appointed 31st January 2007 as the start of the first three year period for the purposes of section 349 of the Gambling Act 2005.
Section 4 is amended by section 7 of the Sustainable Communities Act 2007 (c.23) and section 114 of the Local Government and Public Involvement in Health Act 2007 (c.28).
1989 c.42. Subsection(3) of section 13 excepts members of a committee or sub-committee falling within subsection (4) from the restriction on voting imposed by subsection (1).
S.I. 2004/2204, amended by S.I. 2008/1371.
See sections 25 and 26 of the 2004 Act.
As to the power to revise a local development document, see section 26 of the 2004 Act.
S.I. 2002/2114, amended by S.I. 2004/447, 2005/3299 and 2008/47.
1998 c.31. Section 47A was inserted by section 43 of the Education Act 2002 (c.32). Subsection (3) was substituted by the Education Act 2005 (c.18), Sch.16, para.7.
Section 43A was inserted by section 41(1) of the Education Act 2002 (c.32) and amended by section 101 of, and para.3 of Sch.16 to, the Education Act 2005 (c.18). As to regulations, see S.I. 2008/228.
As to the meaning of “local housing authority” in Part 6 of the 1989 Act, see section 88(1) of that Act and sections 1, 2(2) and 434 of the Housing Act 1985 (c.68).
2000 c.22. Section 33G was inserted by section 64 of the Local Government and Public Involvement in Housing Act 2007 (c.28). Transitional arrangements are contained in Schedule 4 to that Act.
Section 44A was inserted by section 67 of the Local Government and Public Involvement in Housing Act 2007.
See the definition in section 44A(4)(b) of the Local Government Act 2000.
Seesection 249(5) of the Local Government Act 1972 (c.70) as to honorary freemen and the local government areas of which there may be honorary freemen .
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