Part 1Structural and boundary change in England

Chapter 1Structural and boundary change

Implementation of changes

I111Implementation orders: provision that may be included

1

An order under section 7 or 10 may in particular include provision, for the purpose of implementing a proposal or recommendation or in connection with the implementation of a proposal or recommendation, for or with respect to—

a

any of the matters mentioned in subsection (3);

b

any of the matters mentioned in subsection (4) (incidental, consequential etc matters).

2

In subsection (1) “implementing” includes implementing with modifications and “implementation” is to be read accordingly.

3

The matters referred to in subsection (1)(a) are—

a

the constitution of a new local government area;

b

the abolition of any existing local government area;

c

the boundary of any local government area;

d

whether a county or district is to be metropolitan or non-metropolitan;

e

the establishment, as a county council, district council or London borough council, of an authority for any local government area;

f

the winding up and dissolution of an existing local authority;

g

the transfer to a county council of the functions, in relation to an area, of district councils;

h

the transfer to a district council of the functions, in relation to an area, of a county council.

4

The matters referred to in subsection (1)(b) are—

a

the name of any local government area;

b

the name of any local authority;

c

the boundary of any parish;

d

electoral matters within the meaning of section 12;

e

the establishment or membership of public bodies in any area affected by the order and the election of members of such bodies;

f

the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by the order;

g

the boundary of any police area in England.

5

For the purposes of subsection (3)(e)—

a

the “establishment” of an authority as a council for a county includes an existing district council's becoming the county council for the county;

b

the “establishment” of an authority as a council for a district includes an existing county council's becoming the district council for the district.

6

The power of the Secretary of State under section 7(1)(a) to implement a proposal with modifications includes power to make provision whose effect is that there will be a single tier of local government for an area (“the area concerned”) that—

a

includes all or part of an area specified in the proposal as one for which there should be a single tier of local government; but

b

is not an area that could itself have been so specified.

7

But subsection (6) does not authorise the area concerned to extend into any area that is currently outside all local government areas.