Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government (Changes for the Registration Service in Berkshire, Cambridgeshire, Cheshire, Devon, Essex, Hereford and Worcester, Kent, Lancashire, Nottinghamshire and Shropshire) Order 1997 and shall come into force on 21st January 1998.

(2) In this Order,—

“the 1949 Act” means the Marriage Act 1949(2);

“the 1953 Act” means the Registration Service Act 1953(3);

“the 1992 Act” means the Local Government Act 1992;

“approved registration scheme” means a scheme submitted to the Chancellor of the Exchequer in accordance with article 2 of this Order and approved by the Chancellor of the Exchequer(4) under section 14 of the 1953 Act(5);

“district” means a registration district for the purposes of section 5 of the 1953 Act(6);

“new authority” means the authorities to which the functions of an old authority are transferred by an order made under section 17 of the 1992 Act, being: Bracknell Forest Borough Council, Newbury District Council, Reading Borough Council, Slough Borough Council, the council of the Royal Borough of Windsor and Maidenhead and Wokingham District Council(7); Peterborough City Council(8); Halton Borough Council and Warrington Borough Council(9);

Plymouth City Council and Torbay Borough Council(10); Southend-on-Sea Borough Council and Thurrock Borough Council(11); Herefordshire District Council and Worcester shire County Council(12); the Medway Towns District Council(13);

Blackburn with Darwen Borough Council and Blackpool Borough Council(14); Nottingham City Council(15); and the District of The Wrekin(16);

“old authority” means Berkshire County Council, Cambridgeshire County Council, Cheshire County Council, Devon County Council, Essex County Council, Hereford and Worcester County Council, Kent County Council, Lancashire County Council, Nottinghamshire County Council and Shropshire County Council, being local authorities from which functions are transferred to a new authority by an order made under section 17 of the 1992 Act(17);

“registration officer” means any superintendent registrar or registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act and “office” shall be construed accordingly; and

“sub-district” means a registration sub-district for the purposes of section 5 of the 1953 Act.

Local Registration Service

2.—(1) Each new authority shall not later than 28th January 1998 submit to the Chancellor of the Exchequer a scheme for the purposes of section 13 of the 1953 Act, and section 13(2) and (3) (provision to be made by local scheme) and section 14(4) (approval of schemes by the Chancellor of the Exchequer) of the 1953 Act shall apply to any scheme so submitted.

(2) If a new authority fails to submit a scheme in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, submit to the Chancellor of the Exchequer a scheme for the purposes of section 13 of the 1953 Act and any scheme so prepared by him, if approved by the Chancellor of the Exchequer, shall have effect as if it were a scheme submitted by the new authority and approved by the Chancellor of the Exchequer.

(3) Subject to any further scheme made by a new authority and approved by the Chancellor of the Exchequer under section 14 of the 1953 Act, the approved registration scheme shall have effect for the organisation of the registration service in the area of the authority to which it relates from 1st April 1998.

Transfer of Registration Officers

3.—(1) This article applies to any registration officer—

(a)who immediately before 1st April 1998 holds office in or for a district or sub-district in the area of an old authority under an appointment made by that authority;

(b)who would have continued to hold that office after 1st April 1998 but for the transfer of local government functions from that authority to a new authority; and

(c)whose name is mentioned in column (1) of the Schedule to this Order.

(2) Every registration officer to whom this article applies shall, on 1st April 1998—

(a)be transferred from the old authority mentioned in column (2) of the Schedule to this Order opposite his name to the new authority mentioned in column (3) of that Schedule opposite his name; and

(b)if an office is allocated to him in accordance with article 4 of this Order, become the holder of that office as if he had been appointed to it by the new authority.

(3) Any provision in this Order for the transfer of a person not engaged whole-time as a registration officer shall apply only to his office as a registration officer.

Allocation of Staff

4.—(1) Each new authority shall not later than 16th February 1998 submit to the Registrar General proposals for allocating to the posts described in the approved registration scheme for the area of the authority the registration officers who may, pursuant to paragraph (2) of article 3 of this Order, be transferred to the new authority on 1st April 1998.

(2) Not later than the day on which proposals under paragraph (1) of this article are submitted to the Registrar General, the new authority shall send a copy of the proposals to every registration officer affected by them and the Registrar General, after considering any representations with respect to the proposals made by any such officer within a period of fourteen days after the submission of the proposals, may approve the proposals with or without modifications.

(3) The new authority shall allocate the officers who are transferred to the new authority pursuant to paragraph (2) of article 3 of this Order to the posts described in the approved registration scheme for the area of the authority in accordance with the proposals approved by the Registrar General under paragraph (2) of this article.

(4) If any new authority fails to submit proposals in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, and with the registration officers affected, determine the allocation of officers to the posts described in the approved registration scheme for the area of the authority and any allocation so determined shall have effect as if it had been proposed by the new authority and approved by the Registrar General.

Registration Officers to be Treated as Employees for Certain Purposes

5.  For the purposes of any order made under section 23 of the 1992 Act (staff commissions)(18) and regulations 3 (continuity of employment), 4 (transfers of staff) and 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 1995(19) any registration officer shall, as respects his office, be treated as employed by the old authority by which he was appointed and, on and after 1st April 1998, as an officer in the employment of the new authority to which he is transferred in accordance with article 3(2) of this Order, and any reference in such Order or in those Regulations—

(a)to “employed”, “employment”, “employee”(20) or “employer” shall be construed accordingly; and

(b)to a “contract of employment” shall be construed as a reference to the terms and conditions of the registration officer’s appointment.

DRAFT STAFF TRANSFER ORDER 1998SCHEDULE

Explanatory Note

(This note is not part of the Order)

This Order provides for changes to the local registration service in Berkshire, Cambridgeshire, Cheshire, Devon, Essex, Hereford and Worcester, Kent, Lancashire, Notting hamshire and Shropshire, in consequence of structural and boundary changes in those areas made by orders under section 17 of the Local Government Act 1992.

The Order provides for schemes to be made in respect of the affected areas establishing registration districts and sub-districts, determining the location of registration offices and the number of superintendent registrars, registrars of births and deaths and other officers required for the purposes of the Registration Acts. All registration officers holding office immediately before 1st April 1998 will be transferred by the Order on that date to one of the new authorities.

Transitional provisions with regard to notices given and certificates issued under the Marriage Act 1949; marriages to be solemnised before registration officers, and the registration of births and deaths are to be found in the Local Government Changes for England Regulations 1994 (S.I. 1994/867).