The Local Government Changes for England (Miscellaneous Provision) Regulations 1995

Amendment of the 1994 Regulations

2.—(1) The 1994 Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 2 (interpretation)—

(a)in paragraph (3), delete the definitions of “transferred area”, “transferee authority” and “transferor authority”;

(b)in paragraph (4)—

(i)in the definition of “enactment”—

(a)for “and a private Act” substitute “, a private Act and”; and

(b)delete the words after “1978”; and

(ii)after the definition of “head of paid service”(1), insert—

““relevant provision” means a provision in any enactment made for the purposes or in consequence of the Act or the order;”; and

(c)after paragraph (4), add—

“(5) In these Regulations—

(a)any reference to a transferor authority is a reference to a local authority which, by or in consequence of a structural or boundary change (or both such changes) effected by the order, ceases to exercise functions in relation to an area (“transferred area”) on the reorganisation date; and

(b)any reference to a transferee authority is a reference to a local authority by which such functions are exercisable in relation to that area on and after that date.”.

(3) For regulation 4 (continuity of matters) substitute—

“4.—(1) Anything which, at the reorganisation date, is in process of being done by or in relation to a transferor authority in the exercise of or in connection with any of its functions in relation to a transferred area may be continued by or in relation to the transferee authority.

(2) Anything done by or in relation to a transferor authority in the exercise of or in connection with any functions in relation to a transferred area shall, so far as is required for continuing its effect on and after the reorganisation date, have effect as if done by or in relation to the transferee authority.

(3) Paragraph (2) applies in particular to—

(a)any decision, determination, declaration, designation, agreement or instrument made by a transferor authority;

(b)any regulations or byelaws made by such an authority;

(c)any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to such an authority;

(d)any notice, direction or certificate given by or to such an authority;

(e)any application, request, proposal or objection made by or to such an authority;

(f)any condition or requirement imposed by or on such an authority;

(g)any fee paid by or to such an authority;

(h)any appeal allowed by or in favour of or against such an authority; or

(i)any proceedings instituted by or against such an authority.

(4) Any reference in this regulation to anything done by or in relation to a transferor authority includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to that authority.

(5) So far as is required for giving effect to the provisions of this regulation, any reference in any document to a transferor authority shall be construed as a reference to the transferee authority.

(6) The foregoing provisions of this regulation are—

(a)without prejudice to any other relevant provision made in respect of any particular functions; and

(b)shall not be construed as continuing in force any contract of employment made by a transferor authority.”.

(4) In regulation 5 (references in enactments), in paragraph (1), delete the words from “and includes” to “enactment”.

(5) In regulation 9 (application of Part), after “(“the authority”)” insert “for an area comprising a transferred area or two or more such areas”.

(6) In regulation 11 (functions and powers of the shadow authority)—

(a)in paragraph (3), after the entry in the Table relating to section 113 of the 1972 Act, insert—

• “118 Payment of salary etc. due to mentally disordered person

• 119 Payments due to deceased officers”;

(b)in paragraph (6), in the Table—

(i)at the beginning, insert—

• “Section 70 Restriction on promotion of Bills for changing local government areas etc.”;

(ii)after the entry relating to section 106 of the 1972 Act, insert—

• “Section 114 Security to be taken in relation to officers”;

(iii)after the entry relating to section 131 of that Act, insert—

• “Section 141 Research and the collection of information”; and

(iv)after the entry relating to section 151 of that Act, add—

• “Section 224 Arrangements for custody of documents

• Section 225 Deposit of documents with proper officer of authority

• Section 232 Public Notices

• Section 245 Status of certain districts etc.”; and

(c)after paragraph (7), add—

“(8) Except where the shadow authority is established for an area consisting of a county in which, on and after the reorganisation date, there will be district councils, it shall be treated as a local housing authority for the purposes of section 87(2) and (3) of the Local Government and Housing Act 1989 (determinations and directions).”.

(7) Delete regulation 12 (duty of transferor authority to assist shadow authority).

(8) In regulation 25 (charter trustees), for paragraph (2) substitute—

“(2) Any reference in this regulation to “the parish council” is a reference to—

(a)in a case described in paragraph (1)(a) or (b) above, the parish council for the parish so described; and

(b)in the case described in paragraph 1(c) above, the parish council specified in relation to this sub-paragraph in the order.”.