PART PART IGENERAL

Citation and commencement

1.  This Order may be cited as the Humberside (Structural Change) Order 1995 and shall come into force for the purposes of articles 3, 6 to 8, 10, 12(2) and (3), and 16 to 19 inclusive on the day after the day on which it is made and for all other purposes on 1st April 1996.

Interpretation

2.  In this Order

“the Act” means the Local Government Act 1992;

“the 1972 Act” means the Local Government Act 1972(3) ;

“the 1990 Act” means the Town and Country Planning Act 1990(4) ;

“existing”, in relation to an area, means that area as it exists on the date this Order is made;

“Humberside” means the non-metropolitan county of Humberside, and the County Council means the council of that county;

“Humberside district” means a district in Humberside and Humberside district council means a council of such a district;

“the preliminary period” means the period beginning with 8th May 1995 and ending immediately before the reorganisation date;

“old electoral division” means an electoral division of Humberside established by the County of Humberside (Electoral Arrangements) Order 1981(5) ;

“the 1994 Regulations” means the Local Government Changes for England Regulations 1994(6);

“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;

“the reorganisation date” means 1st April 1996; subordinate legislation has the same meaning as in section 21 of the Interpretation Act 1978(7);

“the transferee authorities” means the district councils for the East Riding of Yorkshire, the City of Kingston upon Hull, North Lincolnshire and North East Lincolnshire; and

“the transferor authorities” means Humberside County Council, Beverley Borough Council, Boothferry Borough Council, Cleethorpes Borough Council, East Yorkshire Borough Council, Glanford Borough Council, Great Grimsby Borough Council, Holderness Borough Council and Scunthorpe Borough Council.

PART IITHE CITY OF KINGSTON UPON HULL AND NEW DISTRICTS OF THE EAST RIDING OF YORKSHIRE, NORTH LINCOLNSHIRE AND NORTH EAST LINCOLNSHIRE

Constitution of new districts of the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire

3.—(1) A new district of the East Riding of Yorkshire shall be constituted and shall comprise the existing Humberside district areas of Beverley, East Yorkshire, and Holderness, and the areas of parishes which form part of the existing Humberside district of Boothferry and are listed in paragraph 1 of Schedule 1 to this Order.

(2) A new district of North Lincolnshire shall be constituted and shall comprise the existing Humberside district areas of Glanford and Scunthorpe, and the areas of parishes which form part of the existing Humberside district of Boothferry and are listed in paragraph 2 of Schedule 1 to this Order.

(3) A new district of North East Lincolnshire shall be constituted nd shall comprise the existing Humberside district areas of Great Grimsby and Cleethorpes.

(4) Subject to article 16, there shall be new non-metropolitan district councils for the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire, which shall be the transferee authorities for those districts, or part of districts, as provided for in this article.

Existing local government areas

4.—(1) The existing county of Humberside and the existing Humberside districts of Beverley, Boothferry, Cleethorpes, East Yorkshire, Glanford, Great Grimsby, Holderness and Scunthorpe shall be abolished.

(2) The County Council, Beverley Borough Council, Boothferry Borough Council, Cleethorpes Borough Council, East Yorkshire Borough Council, Glanford Borough Council, Great Grimsby Borough Council, Holderness Borough Council and Scunthorpe Borough Council shall be wound up and dissolved.

PART PART IIINEW COUNTIES

Constitution of new counties

5.—(1) New counties of the City of Kingston upon Hull, North Lincolnshire, North East Lincolnshire and the East Riding of Yorkshire shall be constituted and shall comprise the district areas of the City of Kingston upon Hull, North Lincolnshire, North East Lincolnshire and the East Riding of Yorkshire respectively.

(2) Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of the City of Kingston upon Hull, North Lincolnshire, North East Lincolnshire and the East Riding of Yorkshire.

PART IVELECTORAL ARRANGEMENTS

Elections for Kingston upon Hull

6.  The City of Kingston upon Hull (Electoral Arrangements) Order 1979(8) shall be amended by the substitution of the following article for article 9

“9.—(1) The whole number of councillors shall be elected at the ordinary elections of councillors in 1995.

(2) The councillors holding office for any ward of the city immediately before 8th May 1995 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.

(3) Of the councillors elected at the ordinary election of councillors in 1995 for any ward of the city

(a)one-third shall retire in 1997 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;

(b)one-third shall retire in 1998 being, subject as aforesaid, the councillor elected by the next smallest number of votes;

(c)the remaining third shall retire in 1999.

(4) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.

(5) If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.

(6) Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

(7) The term of office of councillors elected in 1997 shall be three years.

(8) Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.”

Elections in the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire

7.—(1) The ordinary election of councillors of the district councils of the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire shall be held in 1995 and in every fourth year thereafter.

(2) The East Riding of Yorkshire shall be represented by 67 councillors and divided into 26 wards as set out in Schedule 2 to this Order.

(3) North Lincolnshire shall be represented by 42 councillors and divided into 15 wards as set out in Schedule 3 to this Order.

(4) North East Lincolnshire shall be represented by 42 councillors and divided into 14 wards as set out in Schedule 4 to this Order.

(5) The term of office of such councillors shall be four years and all councillors shall retire on the fourth day after the day of the ordinary election of councillors in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.

(6)At the ordinary election in 1995

(a)the returning officer for the election to the district council of the East Riding of Yorkshire shall be the returning officer appointed by Beverley Borough Council for the existing district of Beverley;

(b)the returning officer for the election to the district council of North East Lincolnshire shall be the returning officer appointed by Great Grimsby Borough Council for the existing district of Great Grimsby; and

(c)the returning officer for the election to the district council of North Lincolnshire shall be the returning officer appointed by Glanford Borough Council for the existing district of Glanford.

(7) Section 36(4) of the Representation of the People Act 1983(9) (payment of election expenses) shall not apply to that election.

(8) All expenditure properly incurred by the returning officer in relation to the holding of the election to the East Riding of Yorkshire District Council shall be paid by the councils of the districts of Beverley, Boothferry, East Yorkshire and Holderness in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.

(9) All expenditure properly incurred by the returning officer in relation to the holding of the election to North Lincolnshire District Council shall be paid by the councils of the districts of Boothferry, Glanford and Scunthorpe in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.

(10) All expenditure properly incurred by the returning officer in relation to the holding of the election to North East Lincolnshire District Council shall be paid by the councils of the districts of Great Grimsby and Cleethorpes in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.

(11) In relation to those elections, “the appropriate officer”, in Parts II and III of the 1983 Act does not have the meaning given by section 67(7) of that Act but means the returning officer for that election.

Suspension of elections and retirement of councillors

8.—(1) The ordinary election of councillors in 1995 to the transferor authorities shall be cancelled.

(2) Any councillor of a transferor authority holding office immediately before 8th May 1995 who would, but for the provisions of this Order, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.

(3) where a vacancy for a councillor of a transferor authority occurs within the six months before the reorganisation date, an election shall not be held unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the transferor authority exceeds one third of the whole number of members.

PART VLOCAL GOVERNMENT REORGANISATION IN HUMBERSIDE

Structural change

9.  The functions of the County Council in relation to each Humberside district shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the transferee authority or, where there is more than one, the transferee authorities, for that district.

Humberside police authority

10.—(1) In this article, “the 1964 Act”means the Police Act 1964(10).

(2) For the purposes of the functions to which this article applies

(a)paragraph 27(1) of Schedule 1B to the 1964 Act (meaning of “relevant council”)(11) shall have effect as though articles 4 and 5 were in force on 1st October 1995, and

(b)accordingly, the appointments which are required to be made to the Humberside Police Authority (as established under section 3 of the 1964 Act) (“the Authority”)(12) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the transferee authorities (as relevant councils) in accordancewith that provision.

(3) The functions to which this article applies are

(a)on and after the reorganisation date, all functions of the Authority; and

(b)before that date (but on and after 1st October 1995), the following functions of the Authority in respect of the financial year beginning on 1st April 1996

(i)functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts)(13), and

(ii)functions under section 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act(14).

(4) For the purposes of the functions referred to in paragraph (3)(b) above

(a)section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as thoughthe reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above; and

(b)the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.

(5) In determining the period of a term of years for the purposes of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any periods as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) shall be disregarded.

Amendment of Schedule 1A to the Police Act 1964

11.  Schedule 1A to the Police Act 1964(15) shall be amended by substituting for the words “The county of Humberside”in the right-hand column opposite the name of the Humberside police area the words “The non-metropolitan districts of the East Riding of Yorkshire, Kingston upon Hull, North East Lincolnshire and North Lincolnshire.”

Fire Services

12.—(1) The area of each transferee authority shall, subject to any combination scheme under the Fire Services Act 1947 (“the 1947 ct”)(16) become the area of a fire authority for the purposes of that Act.

(2) For the purposes of the making of a combination scheme with respect to the areas of the transferee authorities before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to the transferee authorities, as if

(a)in paragraph (a) and (d) of that subsection, for “the onstituent authorities”wherever those words occur, there were substituted “the council of the county of Humberside”; and

(b)in paragraphs (e) and (f) of the subsection, for “any of the constituent authorities”there were substituted “the council of the county of Humberside”.

(3) Section 10 of the 1947 Act shall have effect, in relation to the transferee authorities, as if after the word “but”there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the Scheme into full operation on that date,”.

Planning Functions

13.—(1) The structure plans applying immediately prior to the reorganisation date to each of the following areas:

(a)the district of the East Riding of Yorkshire; and

(b)the City of Kingston upon Hull;

and any proposals prepared before that date for the alteration or replacement of any of those plans shall be treated as if they had been prepared jointly by the councils for those areas, and section 50 of the Town and Country Planning Act 1990(17) shall apply accordingly.

(2) The structure plans applying immediately prior to the reorganisation date to each of the following areas:

(a)the county of Lincolnshire;

(b)the district of North Lincolnshire; and

(c)the district of North East Lincolnshire–

and any proposals prepared before that date for the alteration or replacement of any of those plans shall be treated as if they had been prepared jointly by the councils for those areas, and section 50 of the Town and Country Planning Act 1990 shall apply accordingly.

(3) In relation to a transferee authority

(a)section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;

(b)subsection (1) of section 37 of that Act (minerals local plan) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and

(c)subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following–

“or

(c)include their waste policies in their local plan”.

Superannuation fund

14.  The Superannuation fund maintained by the County Council under the Local Government Superannuation Regulations 1986(18) together with all rights and liabilities in respect of the fund shall vest in the council of the district of the East Riding of Yorkshire.

Designated authority

15.  The council of the district of East Riding of Yorkshire is specified as the designated authority for the purposes of the Local Government Changes for England (Finance) Regulations 1994(19) .

PART VITRANSITIONAL AND CONSEQUENTIAL PROVISION

Shadow authorities

16.  During the preliminary period

(a)The East Riding of Yorkshire District Council, the North East Lincolnshire District Council and North Lincolnshire District Council shall not be local authorities for the purposes of the 1972 Act, and section 2(2) of that Act shall have effect as if the words from “and the council”to the end of that subsection were omitted; and

(b)those councils shall be shadow authorities for the purposes of the 1994 Regulations(20).

Co-operation and information

17.—(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 transferor authorities shall furnish any other relevant authority with all such information relating to the transferor authorities or their 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 a transferor authority, a transferee authority 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

18.—(1) Subject to paragraph (2) below, the transferee authorities 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 transferee authority:

(a)shall, in relation to the functions referred to 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 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 transferee authorities, or jointly by two or more of those authorities, 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(21) ; 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

19.  Where, during the preliminary period, a transferor authority is required by virtue of any enactment 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 functions in relation to any part of the areas of the transferee authorities which, on and after that date, are exercisable by the transferee authorities, the requirement in question shall, subject to any other relevant provision, cease to have effect during that period in relation to that authority, and any such requirement shall instead have effect, during that period and for those purposes, in relation to the transferee authorities.

SCHEDULE 1

1.  Parishes which are to be transferred from Boothferry to the East Riding of Yorkshire are as follows:

Airmyn; Asselby; Barmby on the Marsh, Blacktoft; Broomfleet; Bubwith; Eastrington; Ellerton; Foggathorpe; Gilberdyke; Goole; Goole Fields; Gowdall; Holme-upon-Spalding Moor; Hook; Hotham; Howden; Kilpin; Laxton; Newport; North Cave; Pollington; Rawcliffe; Reedness; Snaith and Cowick; Spaldington; Swinefleet; Twin Rivers and Wressle.

2.  Parishes which are to be transferred from Boothferry to North Lincolnshire are as follows:

Amcotts; Belton; Crowle; Eastoft; Epworth; Garthorpe and Fockerby; Haxey; Keadby with Althorpe; Luddington and Haldenby; Owston Ferry; West Butterwick, and Wroot.

Article 7(2)

SCHEDULE 2ELECTORAL AREAS AND COUNCILLORS IN THE EAST RIDING OF YORKSHIRE

Article 7(3)

SCHEDULE 3ELECTORAL AREAS AND COUNCILLORS IN NORTH LINCOLNSHIRE

Article 7(4)

SCHEDULE 4ELECTORAL AREAS AND COUNCILLORS IN NORTH EAST LINCOLNSHIRE

Explanatory Note

(This note is not part of the Order)

This Order gives effect to recommendations made by the Local Government Commission for England in respect of the making of structural and boundary changes in the county of Humberside.

Article 3 and Schedule 1 provide for three new districts of the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire to be constituted and establishes new district councils for those areas. The areas of Boothferry which are transferred to the East Riding of Yorkshire and North Lincolnshire are shown on the map annexed to this Order on page 15.

Article 4 provides for the abolition of the county of Humberside and of certain Humberside districts and councils.

Article 5 provides for the constitution of four new counties.

Article 6 amends the City of Kingston upon Hull (Electoral Arrangements) Order 1979 to make provision for a whole council election in the City of Hull in 1995 and for reversion to election by thirds in subsequent years.

Article 7 and Schedules 2 to 4 make provision for whole council elections to the district councils of the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire in 1995 and subsequent years, and make provision for election expenses for the 1995 election.

Article 8 makes provision for the suspension of elections to the transferor authorities.

Article 9 effects the structural change by providing for the transfer, on 1st April 1996, of the functions of Humberside County Council in relation to each district in the county to the transferee authority for that district.

Articles 10 and 11 make provision in respect of police services.

Article 12 makes provision for the purposes of subordinate legislation to be made under the Fire Services Act 1947 in respect of fire services in Humberside.

Article 13 makes provision in respect of planning functions.

Article 14 vests Humberside County Council’s superannuation fund in the council of the district of the East Riding of Yorkshire.

Article 15 designates the council of the district of the East Riding of Yorkshire for the purposes of certain finance functions.

Article 16 makes provision as to the powers of shadow authorities.

Articles 17 to 19 make provision with respect to preparations for implementation of the reorganisation.