Part 1Structural and boundary change in England
C1C2C3C4Chapter 1Structural and boundary change
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Somerset West and Taunton (Modification of Boundary Change Enactments) Regulations 2018 (S.I. 2018/638), regs. 1, 3 (with reg. 4)
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Dorset (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2018 (S.I. 2018/636), regs. 1, 3 (with reg. 4)
Pt. 1 Ch. 1 applied (with modifications) (22.2.2019) by The Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019 (S.I. 2019/332), regs. 1, 3(a) (with reg. 5)
Supplementary
I120Correction of orders
1
Where—
a
an order under any provision of this Chapter has been made by the Secretary of State, and
b
the Secretary of State is satisfied that there is a mistake in the order which cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the Interpretation Act 1978 (c. 30) (power to amend),
the Secretary of State may rectify the mistake by order under this section.
2
For the purposes of this section, a “mistake” in an order includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.
3
In subsection (2) “public body” includes a parish council.
I221Pre-commencement invitations etc
1
In this section a “pre-commencement invitation” means an invitation given by the Secretary of State before the commencement of this Chapter which, after that commencement, could have been given under the power in section 2.
2
If before the commencement of this Chapter—
a
a pre-commencement invitation was given,
b
guidance as to what a proposal should seek to achieve, or as to matters that should be taken into account in formulating a proposal, was given by the Secretary of State in connection with such an invitation,
c
a proposal was made in response to such an invitation, or
d
consultation was carried out by the Secretary of State in relation to such a proposal,
it is immaterial that the invitation or guidance was given, the proposal made, or the consultation carried out, before rather than after the commencement of this Chapter.
3
Accordingly (and without prejudice to the generality of subsection (2))—
a
any reference in this Chapter to an invitation under section 2 includes a pre-commencement invitation;
b
any reference in this Chapter to a proposal made by virtue of section 2 includes a proposal (whenever made) made in response to a pre-commencement invitation;
c
any reference in this Chapter to the Secretary of State's receiving a proposal in response to an invitation under section 2 includes his receiving before the commencement of this Chapter a proposal made in response to a pre-commencement invitation.
I322Consequential amendments
Schedule 1 (amendments consequential on this Chapter) has effect.
I423Definitions for purposes of Chapter 1
1
In this Chapter—
F2...
“local authority” means a county council in England, a district council in England or a London borough council;
“local government area” means a county in England, a district in England or a London borough;
F3“the Local Government Boundary Commission” means the Local Government Boundary Commission for England;
“principal authority” has the meaning given by section 1;
“public body” includes—
- a
a local authority;
- b
a police authority;
- c
a residuary body established under section 17;
- d
a joint board, or joint committee, on which a local authority is represented;
- e
a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41);
- f
F1an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
- g
a combined authority established under section 103 of that Act;
- h
F4a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
- a
“single-tier” has the meaning given by subsection (2);
“staff” includes officers and employees;
“two-tier” has the meaning given by subsection (2);
“Type A”, “Type B”, “Type C” and “combined”, in relation to a proposal, have the meanings given by section 2.
2
For the purposes of this Chapter an area is—
a
“single-tier” if there is a single tier of local government for it (within the meaning of section 1) or it is a London borough; and
b
“two-tier” if it is—
i
a district for which there is a district council and in relation to which a county council has the functions of a county council; or
ii
a county for which there is a county council and in which there are districts all of which have district councils.
3
Any reference in this Chapter to a proposal “in response to” an invitation or direction under section 2 is to a Type A, Type B, Type C or combined proposal which—
a
is in response to such an invitation or direction; and
b
is in accordance with the invitation or direction and section 3(4).
4
Any reference in this Chapter, however framed, to a body affected by an order includes a body—
a
whose area or functions are affected by the order;
b
which is to cease to exist in pursuance of the order; or
c
which is established by or in consequence of the order.
Pt. 1 Ch. 1: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(1), 148(3)(b) (with s. 63(3)); S.I. 2009/3318, art. 4(i)