The Local Government Changes for England (Finance) Regulations 1994

Interpretation

2.—(1) In these Regulations—

“the Act” means the Local Government Act 1992;

“the 1972 Act” means the Local Government Act 1972(1);

“the 1988 Act” means the Local Government Finance Act 1988(2);

“the 1989 Act” means the Local Government and Housing Act 1989(3);

“the 1992 Act” means the Local Government Finance Act 1992(4);

(2) In Part III of these Regulations—

“abolished authority” means a local authority which is wound up and dissolved by a section 17 order;

“the 1967 Act” means the General Rate Act 1967(5);

“the 1982 Act” means the Local Government Finance Act 1982(6);

“the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993(7);

“designated authority”, in relation to an abolished authority and a provision of these regulations, means—

“immediately preceding year” means the financial year which immediately precedes the reorganisation date;

“initial year” means the financial year beginning on the reorganisation date;

“new authority” means a new authority established by a section 17 order as a county or district council for an area, but does not include an authority established as described in section 14(6) of the Act;

“preceding year” means any financial year ending before the reorganisation date;

“preliminary period” means the period specified in a section 17 order or, where no such period is specified, the period commencing on the preliminary date, as specified in a section 17 order, and terminating immediately prior to the reorganisation date;

“the reorganisation date” means the date (being 1st April in any year) which is specified in a section 17 order;

“section 17 order” in relation to an authority means an order under section 17 of the Act affecting that authority;

“shadow authority” has the meaning given by the Local Government Changes for England Regulations 1994(8);

“successor authority”, in relation to an abolished authority, means a local authority which is to have from the reorganisation date all the functions (or would have all the functions but for an order under sections 21 or 22 of the Act) in relation to an area which, before that date, were the functions of the abolished authority in relation to that area; and

“working day” means a day other than a Saturday, a Sunday, Christmas day, Good Friday or a day which is a bank holiday in England.

(3) In Part III of these Regulations—

(a)any reference to a relinquishing authority is a reference to a local authority which, by or in consequence of a section 17 order ceases to have functions in relation to a part of its area (in Part III of these Regulations and this paragraph referred to as “the transferred area”) from the reorganisation date; and

(b)any reference to an acquiring authority is a reference to an authority which, by or in consequence of a section 17 order, has from the reorganisation date all the functions which prior to that date were the functions of the relinquishing authority (or would have all the functions but for an order under sections 21 or 22 of the Act) in relation to the transferred area.

(4) In Part III of these Regulations any reference to a structural or boundary change shall be construed in accordance with section 14 of the Act.