Local Government Act 1992

18 Consequences of structural changes etc

(1) Where an order under section 17 above gives effect to any structural change by which the functions of district councils in relation to any area are transferred to a council for a county consisting of that area, then the county council—

(a) shall, for any financial year beginning at the same time as or after the coming into force of the change, be a billing authority for the purposes of Part I of the [1992 c. 14.] Local Government Finance Act 1992 in relation to their area; and

(b) shall not, for any such year, be a major precepting authority for those purposes.

(2) An order under section 17 above which contains provision for a structural change—

(a) shall include provision for any district the council for which are, under the order, to have the functions of a county council in relation to that district to be treated as a county for the purposes of the [1964 c. 48.] Police Act 1964; and

(b) may provide, for the purposes of the approval or making of an amalgamation scheme under Part I of that Act, that the area of a district in relation to which the council of any county affected by the order are to have any functions is to be treated as an area that would become a police area by virtue of the order.

(3) An order under section 17 above which contains provision for a structural change—

(a) shall provide that, subject to any combination scheme under the [1947 c. 41.] Fire Services Act 1947, any district the council for which are, under the order, to have the functions of a county council in relation to that district is to become the area of a fire authority for the purposes of that Act; and

(b) may provide, for the purposes of the making of any combination scheme under that Act, that the area of any district in relation to which the council of any county affected by the order are to have any functions is to be treated as an area that would become the area of a fire authority by virtue of the order.

(4) It shall be the duty of the Secretary of State to have regard to any recommendations made by the Local Government Commission by virtue of section 14(5)(c) above in determining whether and how to exercise—

(a) his powers under Part I of the [1964 c. 48.] Police Act 1964 to approve or make an amalgamation scheme; or

(b) his powers under the [1947 c. 41.] Fire Services Act 1947 to approve or make a combination scheme,

in relation to any areas which have been or are to be affected by any order under section 17 above, or in relation to any such area and other areas.

(5) This section shall be without prejudice to the power to make any provision by order under this Part or to any power to make incidental, consequential, transitional or supplementary provision in connection with the provisions of any such order.