The Local Government Changes for England Regulations 1994

Functions and powers of the shadow authority

11.—(1) Between the establishment date and the reorganisation date, the authority shallbe a shadow authority, and shall have only the function and powers described in this regulation.

(2) The shadow authority shall take all such practicable steps as are necessary or expedient—

(a)to commence and sustain the running of the authority as a shadow authority for the duration of the shadow period;

(b)to prepare the authority for the assumption, as a newly-established authority, of local government functions and full local authority powers on the reorganisation date;

(c)to prepare any budgets or plans required by the newly-established authority when those functions are assumed; and

(d)to liaise with any transferor authority for the purpose of ensuring continuity of public service delivery on and after that date.

(3) Subject to paragraph (5), the shadow authority may exercise any of the 1972 Actpowers specified in column 1 of the following Table and described in column 2—

(4) Subject to paragraph (5), the shadow authority shall have all other powers of a localauthority of the same tier.

(5) The powers conferred by paragraphs (3) and (4) may be exercised by the shadow authority only—

(a)in the discharge of its functions conferred by paragraph (2) or in preparation forthe discharge of the functions conferred on the newly-established authority on the reorganisation date; and

(b)in the same manner, and subject to the same regulation, controls and constraints as if it were an ordinary local authority of the same tier.

(6) The following provisions of the 1972 Act shall apply to the shadow authority notwithstanding it does not have the functions and full powers of a local authority—

(7) The shadow authority shall, notwithstanding it does not have the functions and full powers of a local authority, be treated as a local authority for the purposes of:

(a)Part III (Accounts and Audit) of the Local Government Finance Act 1982(1);

(b)Part IV of the Local Government and Housing Act 1989(2);

(c)Section 18 (Schemes for basic, attendance and special responsibility allowances for local authority members) and section 31 (National Code of Local Government Conduct) of the Local Government and Housing Act 1989;

(d)Sections 174, 175 and 176 of the 1972 Act;

(e)Sections 173, 173A and 178 of the 1972 Act;

(f)Sections 3(5) and 5(4) of, and paragraphs 2(4) and 5(4) of Schedule 2 to the 1972 Act; and

(g)The Local Authorities (Standing Orders) Regulations 1993(3).