The Cleveland (Structural Change) Order 1995

PART IIIPROVISIONS FOR IMPLEMENTATION OF ORDER

Co-operation and information

10.—(1) The relevant authorities and their officers shall co-operate with each other, and generally exercise their functions, so as to facilitate the implementation of this Order and any other relevant provision.

(2) The County Council shall furnish any other relevant authority with all such information relating to the County Council or its functions as that authority may reasonably request for the purpose of implementing this Order or any other relevant provision.

(3) In this article, “relevant authority” means the County Council, a Cleveland borough council and any other body to which functions of the County Council will be transferred by virtue of any relevant provision.

Preparations for transfer of functions

11.—(1) Subject to paragraph (2) below, the Cleveland borough councils may take such steps as appear to them to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by them by virtue of this Order or any other relevant provision.

(2) During the preliminary period, each Cleveland borough council—

(a)shall, in relation to the functions mentioned in paragraph (1) above, make such arrangements for organisation and management and such appointments of officers as are necessary to secure the proper performance of those functions on and after the reorganisation date;

(b)shall, at a meeting of the council, consider a report by the head of their paid service as to whether any such functions could with advantage be discharged by one of the Cleveland borough councils, or jointly by two or more of those councils, in pursuance of arrangements made under section 101 of the 1972 Act (arrangements for discharge of functions) or under any other enactment; and

(c)if of that opinion, shall promote the making of such arrangements.

(3) In paragraph (2) above, the reference to the head of a council’s paid service is a reference to the officer designated as such under section 4(1) of the Local Government and Housing Act 1989(1); and nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of sub-paragraph (b) of that paragraph.

Activities preliminary to the exercise of functions

12.  Any enactment by virtue of which the County Council is required, during the preliminary period, to prepare any budgets or plans, or to consult any person, for purposes connected with the exercise, on and after the reorganisation date, of any of the functions transferred by article 3 shall, subject to any other relevant provision, cease to have effect in relation to that council; and any such enactment shall instead have effect, during that period and for those purposes, in relation to the Cleveland borough councils.