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)
Implementation of changes
I111Implementation orders: provision that may be included
1
An order under section 7 or 10 may in particular include provision, for the purpose of implementing a proposal or recommendation or in connection with the implementation of a proposal or recommendation, for or with respect to—
a
any of the matters mentioned in subsection (3);
b
any of the matters mentioned in subsection (4) (incidental, consequential etc matters).
2
In subsection (1) “implementing” includes implementing with modifications and “implementation” is to be read accordingly.
3
The matters referred to in subsection (1)(a) are—
a
the constitution of a new local government area;
b
the abolition of any existing local government area;
c
the boundary of any local government area;
d
whether a county or district is to be metropolitan or non-metropolitan;
e
the establishment, as a county council, district council or London borough council, of an authority for any local government area;
f
the winding up and dissolution of an existing local authority;
g
the transfer to a county council of the functions, in relation to an area, of district councils;
h
the transfer to a district council of the functions, in relation to an area, of a county council.
F1i
electoral matters within the meaning of section 12.
4
The matters referred to in subsection (1)(b) are—
a
the name of any local government area;
b
the name of any local authority;
c
the boundary of any parish;
F2d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
the establishment or membership of public bodies in any area affected by the order and the election of members of such bodies;
f
the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by the order;
g
the boundary of any police area in England.
5
For the purposes of subsection (3)(e)—
a
the “establishment” of an authority as a council for a county includes an existing district council's becoming the county council for the county;
b
the “establishment” of an authority as a council for a district includes an existing county council's becoming the district council for the district.
6
The power of the Secretary of State under section 7(1)(a) to implement a proposal with modifications includes power to make provision whose effect is that there will be a single tier of local government for an area (“the area concerned”) that—
a
includes all or part of an area specified in the proposal as one for which there should be a single tier of local government; but
b
is not an area that could itself have been so specified.
7
But subsection (6) does not authorise the area concerned to extend into any area that is currently outside all local government areas.
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)