The North Yorkshire (Structural Changes) Order 2022

Made: 17th March 2022

Coming into force in accordance with article 1

A draft of this Order was laid before and approved by a resolution of each House of Parliament in accordance with section 240(6) of the 2007 Act.

PART 1 — GENERAL

Citation, commencement, extent and application

1

• (1) This Order may be cited as the North Yorkshire (Structural Changes) Order 2022 and save as for provided in paragraph (2) comes into force on the day after the day on which the Order is made.

• (2) Article 16 comes into force on 1st April 2023.

• (3) This Order extends to England and Wales and applies in England only.

Interpretation

2

In this Order—

• “the 1972 Act” means the Local Government Act 1972[^f00002];

• “the 2000 Act” means the Local Government Act 2000[^f00003];

• “the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;

• “the 2022 election” means the election required by article 13(1) to be held in 2022;

• “the 2022 election day” means the ordinary day of election of councillors in 2022[^f00004];

• “the article 7 functions” has the meaning given by article 6(2)(b);

• “the district councils” means Craven District Council, Hambleton District Council, Harrogate Borough Council, Richmondshire District Council, Ryedale District Council, Scarborough Borough Council and Selby District Council;

• “the first transitional period” means the period beginning on the date on which this Order comes into force and ending on the fourth day after the 2022 election day;

• “the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 6(3);

• “the main transitional function” has the meaning given by article 6(1);

• “North Yorkshire”, except in the definition of “the North Yorkshire Council” and the second mention of those words in article 3(2) means the County of North Yorkshire;

• “the North Yorkshire Council” means the council of the county of North Yorkshire;

• “the second transitional period” means the period beginning on the fourth day after the 2022 election day and ending on 1st April 2023.

PART 2 — ESTABLISHMENT OF SINGLE TIER OF LOCAL GOVERNMENT IN THE COUNTY OF NORTH YORKSHIRE

Single tier of local government in North Yorkshire

3

• (1) On or after 1st April 2023 the North Yorkshire Council is the sole principal authority for North Yorkshire.

• (2) For the purposes of enactments relating to local government, there shall be a new district, whose area shall be co-terminous with North Yorkshire; and the name of that new district is North Yorkshire.

• (3) If the North Yorkshire Council passes a resolution that the word “county” should be omitted from its name, its name shall be “The North Yorkshire Council” and subsection (3) of section 2 of the 1972 Act (constitution of principal councils in England) shall cease to apply so far as it prescribes the name of the council.

Abolition of districts and dissolution of district councils

4

On 1st April 2023—

• (a) the following local government areas are abolished—

• (i) the district of Craven;

• (ii) the district of Hambleton;

• (iii) the borough of Harrogate;

• (iv) the district of Richmondshire;

• (v) the district of Ryedale;

• (vi) the borough of Scarborough; and

• (vii) the district of Selby; and

• (b) the district councils are wound up and dissolved.

Cessation of term of office of district councillors

5

Every person who holds office as a councillor of one of the district councils immediately before 1st April 2023 ceases to hold office on that date.

PART 3 — TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE

Main transitional function and Implementation Executive

6

• (1) On the coming into force of this Order there is to be added to the functions of the North Yorkshire Council the function, which is to be exercisable only during the first and second transitional periods, of preparing for and facilitating the economic, effective, efficient and timely transfer of the district councils’ functions, property, rights and liabilities (“the main transitional function”).

• (2) Throughout the first transitional period, section 9E of the 2000 Act (discharge of functions: general) has effect in relation to the North Yorkshire Council and—

• (a) the main transitional function; and

• (b) the other transitional functions referred to in article 7 (“the article 7 functions”),

as if, in subsection (1), after the words “section 9EA or 9EB” there were inserted “or under the North Yorkshire (Structural Changes) Order 2022”.

• (3) The North Yorkshire Council’s executive arrangements shall provide for the discharge of the main transitional function and the article 7 functions to be the responsibility, throughout the first transitional period, of a committee of the council’s executive, to be known as the Implementation Executive.

• (4) Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply throughout the first transitional period to, or in relation to, the Implementation Executive subject only to paragraphs (5) and (7) to (12) of this article and article 8(2) to (4); and for this purpose “statutory provisions” includes—

• (a) any enactment contained in an Act passed after the making of this Order; and

• (b) any instrument made at any time under an enactment.

• (5) The Implementation Executive shall consist of—

• (a) the person who is for the time being the leader of the North Yorkshire Council’s executive;

• (b) nine persons nominated by the North Yorkshire Council who are for the time being members of that Council; and

• (c) seven persons nominated by the district councils, each of whom is nominated by one of the district councils and is for the time being a member of the council by which they are nominated (whether or not they are for the time being the leader of that council’s executive).

• (6) It is the duty of the North Yorkshire Council and each of the district councils to cooperate in the establishment of the Implementation Executive.

• (7) The leader of the Implementation Executive is the person who is for the time being the leader of the North Yorkshire Council’s executive; and that person shall preside at all meetings of the Implementation Executive at which they are present.

• (8) The district councils must nominate one of the seven persons appointed under paragraph (5)(c) to be the deputy leader of the Implementation Executive.

• (9) The North Yorkshire Council must nominate ten persons, each of whom is for the time being a member of that council, to act as members of the Implementation Executive in the absence of the leader of the North Yorkshire Council and the persons nominated in accordance with paragraph (5)(b).

• (10) Each of the district councils must nominate one person, each of whom is for the time being a member of that council, to act as members of the Implementation Executive in the absence of those members appointed in accordance with paragraph (5)(c).

• (11) The Implementation Executive shall regulate its own proceedings, but a question to be decided by the Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Executive) having one vote.

• (12) In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Executive) shall have a casting vote, in addition to any other vote the person may have.

Other transitional functions

7

• (1) The other transitional functions referred to in article 6(2)(b), which are to be exercisable only during the first and second transitional periods, are—

• (a) such executive and non-executive functions of the North Yorkshire Council as exist on the date on which this Order is made; and

• (b) such other functions (including functions exercisable by all or any of the district councils, and functions conferred on or after that date on local authorities generally or on particular classes of local authority),

as by any of the means mentioned in paragraph (2), the Secretary of State may specify.

• (2) The means referred to in paragraph (1) are—

• (a) this Order;

• (b) a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend)[^f00005];

• (c) an order under section 20 of the 2007 Act (correction of orders); and

• (d) regulations under section 14 of the 2007 Act (regulations for supplementing orders).

• (3) In addition to the functions specified elsewhere in this Order, the following functions are exercisable during the second transitional period—

• (a) section 108 of the Local Democracy, Economic Development and Construction Act 2009 (review by authorities: new combined authority)[^f00006];

• (b) section 109 of the Local Democracy, Economic Development and Construction Act 2009 (preparation and publication of scheme: new combined authority)[^f00007];

• (c) section 82 of the 2007 Act (council’s power to undertake review) in relation to the area of any of the district councils;

• (d) section 86[^f00008] of the 2007 Act (reorganisation of community governance);

• (e) section 87 of the 2007 Act (constitution of new parish);

• (f) section 88 of the 2007 Act (existing parishes under review);

• (g) section 89 of the 2007 Act (new council: consequential recommendations);

• (h) section 90 of the 2007 Act (council retained: consequential recommendations);

• (i) section 91 of the 2007 Act (grouping or de–grouping of parishes);

• (j) section 93 of the 2007 Act (duties when undertaking a review);

• (k) section 94 of the 2007 Act (recommendations to create parish councils);

• (l) section 95 of the 2007 Act (electoral recommendations: general considerations); and

• (m) section 96[^f00009] of the 2007 Act (publicising outcome).

Discharge of functions by Implementation Executive

8

• (1) The discharge of the main transitional function and the article 7 functions shall be a responsibility, throughout the first transitional period, of the Implementation Executive, and shall not, during that period, be a responsibility of the executive of the North Yorkshire Council.

• (2) Section 9DA[^f00010] of the 2000 Act (functions of an executive: further provision) has effect as if, at the end of subsection (3)(c), there were added “or as mentioned in article 8(6) of the North Yorkshire (Structural Changes) Order 2022 ”.

• (3) Section 9E(5) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an area committee or officer of the authority) has effect during the first transitional period in relation to the Implementation Executive as if—

• (a) references to functions included references to responsibilities, and

• (b) the reference to an officer of the authority included a reference to—

• (i) a sub-committee of the Implementation Executive; and

• (ii) an officer of any of the district councils.

• (4) Section 9E(7) of the 2000 Act (arrangements made for the discharge of functions do not prevent the exercise of those functions by those making the arrangements) has effect during the first transitional period in relation to arrangements made under subsection (2) of that section (as modified by paragraph (2) above) as if—

• (a) references to functions included references to responsibilities, and

• (b) the reference to an officer of the authority included a reference to—

• (i) a sub-committee of the Implementation Executive; and

• (ii) an officer of any of the district councils.

• (5) Section 9F of the 2000 Act (overview and scrutiny committees: functions) does not apply during the first transitional period in relation to any matter that is—

• (a) a responsibility of the Implementation Executive by virtue of paragraph (1); or

• (b) the responsibility of that Executive under arrangements made by the North Yorkshire Council under the 2000 Act.

• (6) At any time during the first transitional period, the North Yorkshire Council and the district councils may discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of—

• (a) reviewing or scrutinising decisions made, or other action taken, by the Implementation Executive in connection with any matter of a description mentioned in paragraph (4); or

• (b) preparing reports for, or making recommendations to, the Implementation Executive in connection with any function or responsibility of that Executive.

• (7) Where such arrangements as are mentioned in paragraph (6) are made, the joint committee must inform the North Yorkshire Council and the district councils before the end of the first transitional period—

• (a) of the matters that it has considered, and

• (b) of the conclusions (if any) that it has reached concerning those matters.

Implementation Plan and further provisions relevant to discharge of functions by Implementation Executive

9

• (1) During the first transitional period, the Implementation Executive must prepare, keep under review, and revise as necessary, an Implementation Plan which must include—

• (a) such plans and timetables as the Implementation Executive considers necessary to secure the effective, efficient and timely discharge of the main transitional function and the article 7 functions; and

• (b) such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of the North Yorkshire Council’s functions on or after 1st April 2023.

• (2) For the purposes of—

• (a) preparing, reviewing and revising the Implementation Plan;

• (b) discharging the main transitional function and the article 7 functions; and

• (c) discharging such other functions as may be conferred on it,

the Implementation Executive must have regard to the information supplied by the North Yorkshire Council to the Secretary of State in support of its proposal for single tier local government in North Yorkshire[^f00011].

• (3) The Implementation Executive may, by written notice to—

• (a) the proper officer of the North Yorkshire Council; or

• (b) the proper officer of any of the district councils,

require the council referred to in the notice to take such action relevant to the main transitional function or any of the article 7 functions as may be specified in the notice.

• (4) In paragraph (3), “the proper officer” means the officer appointed by the North Yorkshire Council or the district council concerned (as the case may be) for the purpose of receiving such notices.

Implementation Team

10

• (1) Not later than 21 days after the coming into force of this Order the Implementation Executive must form a team of officers (“the Implementation Team”) for the purposes of—

• (a) during the first transitional period, assisting the Implementation Executive in the discharge of the main transitional function and the article 7 functions; and

• (b) during the second transitional period, assisting the executive of the North Yorkshire Council in the discharge of those functions.

• (2) The members of the Implementation Team must include officers from both the North Yorkshire Council and each of the district councils and include the following persons—

• (a) the person who for the time being is the head of paid service of the North Yorkshire Council;

• (b) the head of paid service of one of the district councils;

• (c) the North Yorkshire Council’s monitoring officer;

• (d) the North Yorkshire Council’s chief finance officer;

• (3) The leader of the Implementation Team is the person who is for the time being the head of paid service of the North Yorkshire Council.

• (4) The deputy leader of the Implementation Team is the person who is specified by paragraph (2)(b).

• (5) It is the duty of the North Yorkshire Council and each of the district councils to cooperate in the formation of the Implementation Team and to release the officers concerned from their normal duties at such times or for such periods as the Implementation Executive or the executive of the North Yorkshire Council may reasonably require.

Dissolution of Implementation Executive, etc and further provisions relevant to transition

11

• (1) The Implementation Executive, any sub-committee of that Executive and any joint committee established as mentioned in article 8(6) shall be dissolved on the fourth day after the 2022 election day.

• (2) The discharge of the main transitional function and the article 7 functions in the second transitional period shall be an executive function of the North Yorkshire Council (falling to be discharged by that council’s executive in accordance with executive arrangements under the 2000 Act).

• (3) Section 9E(5) of the 2000 Act has effect in relation to the discharge of that executive function as if the reference to an officer of the authority included a reference to an officer of any of the district councils.

• (4) Article 9 has effect in relation to the second transitional period as if—

• (a) the reference to the first transitional period were a reference to the second transitional period;

• (b) references to the Implementation Executive were references to the North Yorkshire Council’s executive; and

• (c) paragraph (3)(a) were omitted.

PART 4 — DUTIES OF NORTH YORKSHIRE COUNCIL AND DISTRICT COUNCILS RELEVANT TO TRANSITION

General transitional duties of North Yorkshire Council and district councils

12

• (1) It is the duty of the North Yorkshire Council and the district councils—

• (a) to take, whether alone or in any combination, such steps as may be necessary to prepare for the transfer of the functions, property, rights and liabilities of the district councils;

• (b) to consult and co-operate with each other in order to secure the economic, effective, efficient and timely transfer of those functions, property, rights and liabilities; and

• (c) generally, to exercise their functions so as to further the purposes of this Order.

• (2) A relevant authority must provide such information relating to its functions as any other relevant authority may reasonably request for the purpose of giving effect to this Order.

• (3) A relevant authority must, on request by a person authorised by another relevant authority in that behalf, at all reasonable times allow that person—

• (a) to inspect any record belonging to or under the control of the authority providing the information and relating to the authority or its functions; and

• (b) to take, or be supplied with, a copy of any such record or part of it.

• (4) A relevant authority to whom a request is made under paragraph (3) may, before complying with the request, require the person making the request to produce evidence of the authorisation given by the other relevant authority.

• (5) The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.

• (6) In this article “relevant authority” means—

• (a) the North Yorkshire Council; and

• (b) any of the district councils.

PART 5 — ELECTORAL MATTERS

North Yorkshire Council election in 2022 and subsequent years

13

• (1) A whole council election of councillors of the North Yorkshire Council is to be held—

• (a) on the 2022 election day[^f00012];

• (b) on the ordinary day of election of councillors[^f00013] in 2027;

• (c) every fourth year thereafter.

• (2) For the purposes of the elections of councillors of North Yorkshire Council—

• (a) North Yorkshire is to be divided into electoral divisions;

• (b) the names of the new electoral divisions are those indicated in column 1 of the Table set out in Schedule 1 to this Order;

• (c) the area of each new electoral division is to be the same as that of the district council wards, parish or parish council wards, as those electoral wards existed on 31st March 2022, and as indicated in column 2 of that Table;

• (d) each new electoral division is to return the number of councillors indicated in column 3 of that Table.

• (3) The person who is for the time being the returning officer for North Yorkshire[^f00014] must take such steps as are necessary or appropriate to prepare for the 2022 election, including the making of all necessary alterations to the electoral register.

• (4) All councillors elected in 2022 or any later year are to retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors are to come into office on the day on which their predecessors retire.

• (5) In this article “the year of retirement”—

• (a) in relation to councillors elected in 2022 means 2027;

• (b) in relation to councillors elected in 2027 or in any later year means the fourth year after the year of election of those councillors.

Cancellation of elections to the district councils

14

• (1) Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors)—

• (a) ordinary elections are not to be held in 2022 for the return of councillors to any of the district councils[^f00015]; and

• (b) the term of office of councillors serving as councillors of any of those councils ends on 1st April 2023.

• (2) Subject to paragraph (3), nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of any of the district councils where that vacancy arises after 30th September 2022 and before 1st April 2023.

• (3) Where, on the occurrence of a vacancy mentioned in paragraph (2) or in the case of a number of simultaneous vacancies, the total number of unfilled vacancies in the membership of one of the district councils exceeds one third of the whole number of members of that council an election to fill the vacancy shall be held in accordance with section 89 of the 1972 Act.

• (4) Where, in the circumstances mentioned in paragraph (3), the declaration mentioned in section 89(1)(a) of the 1972 Act has been made or the notice in writing mentioned in section 89(1)(b) of the 1972 Act has been given within thirty-five days of 1st April 2023 (computed in accordance with section 243(4) of the 1972 Act) an election shall not be held and any proceedings required by the Local Elections (Principal Areas) (England and Wales) Rules 2006[^f00016] shall not be commenced.

Cancellation of parish council elections, etc

15

Notwithstanding section 16(3) of the 1972 Act (election of parish councillors)—

• (a) elections are not to be held in 2023 or in 2024 for the return of councillors to the council of any parish in North Yorkshire;

• (b) elections of parish councillors for those parishes in which, but for paragraph (a), elections would have been held in 2023 or in 2024 are to be held on the ordinary day of elections in 2022 and 2027 and every four years thereafter;

• (c) the term of office of parish councillors elected prior to the ordinary day of elections in 2022 ends on the fourth day after the ordinary day of elections in 2022;

• (d) the term of office of parish councillors elected in 2022 or at any subsequent by-election held before the ordinary day of election in 2027 ends on the fourth day after the ordinary day of elections in 2027[^f00017].

PART 6 — CEREMONIAL MATTERS

Charter Trustees

16

• (1) There are established for each area listed in the second column of the table in Schedule 2 to this Order a body corporate to be known by the name specified in relation to that area in the first column of that table.

• (2) The charter trustees for a body listed in the first column of the table in Schedule 2 are the councillors for the time being for any electoral area all or part of which includes any part of the area specified in the entry for that body in the second column of that table.

SCHEDULE 1 — Electoral divisions of North Yorkshire

New electoral division Column 1	Existing ward Column 2	Number of Councillors Column 3
Aire Valley	Aire Valley with Lothersdale Cowling	1
Aiskew & Leeming	The parishes of Ainderby Miers with Holtby Aiskew and Leeming Bar Burneston Crakehall Exelby, Leeming and Londonderry Gatenby Hackforth Langthorne Rand Grange Swainby with Allerthorpe Theakston	1
Amotherby & Ampleforth	Amotherby Ampleforth Hovingham	1
Appleton Roebuck & Church Fenton	Appleton Roebuck & Church Fenton	1
Barlby & Riccall	Barlby Village Riccall	1
Bedale	The parishes of Ainderby Quernhow Bedale Burrill with Cowling Carthorpe Clifton-on-Yore East Tanfield Firby Holme Howe Howgrave Kirklington-cum-Upsland Pickhill with Roxby Rookwith Sinderby Snape with Thorp Sutton with Howgrave Thirn Thornton Watlass Well West Tanfield	1
Bentham & Ingleton	Bentham Ingleton and Clapham	1
Bilton Grange & New Park	Harrogate Bilton Grange Harrogate New Park	1
Bilton & Nidd Gorge	Harrogate Bilton Woodfield Harrogate Old Bilton	1
Boroughbridge & Claro	Boroughbridge Claro	1
Brayton & Barlow	Brayton	1
Camblesforth & Carlton	Camblesforth & Carlton	1
Castle	Castle	1
Catterick Village & Brompton-on-Swale	Catterick & Brompton-on-Swale	1
Cawood & Escrick	Cawood & Wistow Escrick	1
Cayton	Cayton	1
Cliffe & North Duffield	Derwent	1
Coppice Valley & Duchy	Harrogate Coppice Valley Harrogate Duchy	1
Danby & Mulgrave	Danby & Mulgrave	1
Derwent Valley & Moor	Derwent Valley & Moor	1
Easingwold	The parishes of Aldwark Alne Crayke Easingwold Flawith Youlton	1
Eastfield	Eastfield	1
Esk Valley & Coast	Esk Valley Fylingdales & Ravenscar	1
Fairfax & Starbeck	Harrogate Fairfax Harrogate Starbeck	1
Falsgrave & Stepney	Falsgrave & Stepney	1
Filey	Filey	1
Great Ayton	Great Ayton	1
Glusburn, Cross Hills & Sutton-in-Craven	Glusburn Sutton-in-Craven	1
Harlow & St. Georges	Harrogate Harlow Harrogate St. Georges	1
High Harrogate & Kingsley	Harrogate High Harrogate Harrogate Kingsley	1
Hipswell & Colburn	Colburn Hipswell	1
Helmsley & Sinnington	Helmsley Sinnington	1
Hillside & Raskelf	Bagby & Thorntons Raskelf & White Horse	1
Huby & Tollerton	The parishes of Beningbrough Brandsby-cum-Stearsby Dalby-cum-Skewsby Farlington Huby Linton-on-Ouse Marton-cum-Moxby Newton-on-Ouse Overton Shipton Stillington Sutton-on-the-Forest Tollerton Whenby Yearsley	1
Hunmanby & Sherburn	Hunmanby Sherburn	1
Hutton Rudby & Osmotherley	Hutton Rudby Osmotherley & Swainby	1
Killinghall, Hampsthwaite & Saltergate	Harrogate Saltergate Killinghall & Hampsthwaite	1
Kirkbymoorside & Dales	Cropton Dales Kirkbymoorside	1
Knaresborough East	Knaresborough Eastfield Knaresborough Scriven Park	1
Knaresborough West	Knaresborough Aspin & Calcutt Knaresborough Castle	1
Leyburn & Middleham	Leyburn Middleham	1
Malton	Malton	1
Masham & Fountains	Fountains & Ripley Masham & Kirkby Malzeard	1
Mid Craven Monk Fryston & South Milford	Gargrave and Malhamdale Hellifield and Long Preston Byram & Brotherton Monk Fryston South Milford	1 1
Morton-on-Swale & Appleton Wiske	Appleton Wiske & Smeatons Morton-on-Swale	1
Newby	Newby	1
North Richmondshire	Croft & Middleton Tyas Gilling West Melsonby	1
Northallerton North & Brompton	Northallerton North & Brompton	1
Northallerton South	Northallerton South	1
Norton	Norton East Norton West	1
Northstead	Northstead	1
Oatlands & Pannal	Harrogate Oatlands Harrogate Pannal	1
Osgoldcross	Eggborough Whitley	1
Ouseburn	Ouseburn and the parishes of Cattal Hunsingore Kirk Hammerton Long Marston Thornville Wilstrop	1
Pateley Bridge & Nidderdale	Pateley Bridge & Nidderdale Moors and the parishes of Dacre Darley & Menwith	1
Pickering	Pickering East Pickering West	1
Richmond	Richmond East Richmond North Richmond West	1
Ripon Minster & Moorside	Ripon Minster Ripon Moorside	1
Ripon Ure Bank & Spa	Ripon Spa Ripon Ure Bank	1
Romanby	Romanby	1
Scalby & the Coast	Burniston & Cloughton Scalby	1
Scotton & Lower Wensleydale	Lower Wensleydale Scotton	1
Seamer	Seamer	1
Selby East	Selby East	1
Selby West	Selby West	2
Settle & Penyghent	Settle and Ribblebanks Penyghent	1
Sherburn in Elmet	Sherburn in Elmet	1
Sheriff Hutton & Derwent	Derwent Ryedale South West Sheriff Hutton	1
Skipton East & South	Skipton East Skipton South	1
Skipton North & Embsay-with-Eastby	Embsay-with-Eastby Skipton North	1
Skipton West & West Craven	Skipton West West Craven	1
Sowerby & Topcliffe	Sowerby & Topcliffe	1
Spofforth with Lower Wharfedale & Tockwith	Spofforth with Lower Wharfedale and the parishes of Bilton-in-Ainsty with Bickerton Great Ribston with Walshford Tockwith Wighill	1
Stray, Woodlands & Hookstone	Harrogate Hookstone Harrogate Stray	1
Stokesley	Stokesley	1
Tadcaster	Tadcaster	1
Thirsk	Thirsk	1
Thornton Dale & Wolds	Rillington Thornton Dale Wolds	1
Thorpe Willoughby & Hambleton	Hambleton Thorpe Willoughby	1
Upper Dales	Hawes, High Abbotside & Upper Swaledale Lower Swaledale & Arkengarthdale Yoredale	1
Valley Gardens & Central Harrogate	Harrogate Central Harrogate Valley Gardens	1
Washburn & Birstwith	Washburn and the parishes of Birstwith Felliscliffe Hartwith cum Winsley	1
Wathvale & Bishop Monkton	Bishop Monkton & Newby Wathvale	1
Weaponness & Ramshill	Weaponness & Ramshill	1
Wharfedale	Barden Fell Grassington Upper Wharfedale	1
Whitby Streonshalh	The Whitby parish wards of Abbey Town North Town South	1
Whitby West	The Whitby parish wards of Ruswarp Stakesby West Cliff White Leys	1
Woodlands	Woodlands	1

SCHEDULE 2 — Charter Trustees

Name Of Charter Trustees	Area
The Charter Trustees for Harrogate	The area comprising the Harrogate Borough Council wards (as those wards existed on 31st March 2023) of Harrogate Bilton Grange, Harrogate Bilton Woodfield, Harrogate Central, Harrogate Coppice Valley, Harrogate Fairfax, Harrogate Harlow, Harrogate High Harrogate, Harrogate Hookstone, Harrogate Kingsley, Harrogate New Park, Harrogate Oatlands, Harrogate Old Bilton, Harrogate Starbeck, Harrogate Stray, Harrogate St Georges, Harrogate Valley Gardens, the unparished part of the ward of Harrogate Duchy, the unparished part of the ward of Harrogate Pannal and the unparished part of the ward of Harrogate Saltergate.
The Charter Trustees for Scarborough	The area comprising the Scarborough Borough Council wards (as those wards existed on 31st March 2023) of Woodlands, Northstead, Castle, Weaponness and Ramshill, Falsgrave and Stepney and the unparished part of the ward of Eastfield.

Signed

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Kemi Badenoch — Minister of State — Department for Levelling Up, Housing and Communities — 17th March 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides for the establishment, on 1st April 2023, of a single tier of local government in the county of North Yorkshire. North Yorkshire will be administered by a county council, referred to in this Order as “the North Yorkshire Council”.

The area of North Yorkshire county remains unchanged. A new district is created, with the same area as the county. The existing local government districts are abolished and the district councils wound up.

There are two transitional periods leading up to 1st April 2023 enabling the existing councils to prepare for the transition to a single tier of local government.

The first transitional period begins when this Order comes into force and ends shortly after the North Yorkshire Council election day in 2022.

During this first transitional period the North Yorkshire Council will discharge the main transitional functions via a committee called “the Implementation Executive”. Part 3 of the Order sets out the membership, functions and arrangements relating to the Implementation Executive.

During the second transitional period (from the end of the first transitional period until 1st April 2023) the North Yorkshire Council’s executive will be responsible for the main transitional functions.

Part 4 of the Order deals with further transitional duties including duties on the North Yorkshire Council and existing district councils to cooperate with each other.

Article 5 provides that the term of office of all district councillors expires on 1st April 2023.

Article 13 requires the holding of a whole council election to the North Yorkshire Council in 2022, 2027 and every four years thereafter.

Article 14 makes provision in relation to district council by-elections. Article 15 makes provision in relation to parish council elections and Article 16 and Schedule 2 make provision for the appointment of Charter Trustees.

The Schedule sets out the new electoral divisions of the North Yorkshire Council.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector. The impact of the public sector is a simplification to the system of local government in North Yorkshire.

Footnotes

[^f00001]: 2007 c. 28.

[^f00002]: 1972 c. 70.

[^f00003]: 2000 c. 22. Parts 2 and 3 of that Act were amended by Part 3 of the Local Government and Public Involvement in Health Act 2007 (c. 28). Part 1A and Schedule A1 were inserted by section 21 of, and Schedule 2 to, the Localism Act 2011 (c. 20).

[^f00004]: See section 37 of the Representation of the People Act 1983 (c. 2).

[^f00005]: 1978 c. 30.

[^f00006]: Section 108 was amended by section 6 of the Cities and Local Government Devolution Act 2016 (c. 1).

[^f00007]: Section 109 was amended by sections 6 and 12 of the Cities and Local Government Devolution Act 2016 (c. 1).

[^f00008]: Section 86 was amended by Schedule 4 to the Local Democracy, Economic Development and Construction Act 2009 (c. 28).

[^f00009]: Section 96 was amended by Schedule 4 to the Local Democracy, Economic Development and Construction Act 2009.

[^f00010]: Sections 9DA, 9E and 9F were inserted by paragraph 1 of Part 1 of Schedule 2 to the Localism Act 2011 (c. 20).

[^f00011]: Copies of the information supplied are available at https://www.northyorks.gov.uk/new-council-0 or upon request from the Department for Levelling Up, Housing and Communities, 2 Marsham Street, London, SW1P 4DF.

[^f00012]: The North Yorkshire (Changes to Years of Elections) Order 2021 (S.I. 2021/175) changed the year of election of North Yorkshire County Council from 2021 to 2022.

[^f00013]: See section 37 of the Representation of the People Act 1983 (c. 2).

[^f00014]: See section 35 of the Representation of the People Act 1983.

[^f00015]: The North Yorkshire (Changes to Years of Elections) Order 2021 (S.I. 2021/175) changed the year of election of Craven District Council from 2021 to 2022.

[^f00016]: S.I. 2006/3304.

[^f00017]: Under section 16(3) of the Local Government Act 1972, the term of office of parish councillors is four years.