Part 4 E+W Parishes

Chapter 3 E+W Reorganisation

Modifications etc. (not altering text)

C1 Pt. 4 Ch. 3: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(2)(3)(d), 148(3)(b) (with s. 63(4)); S.I. 2009/3318, art. 4(i)

Miscellaneous E+W

98 Orders and regulations under this Chapter E+W

(1) If a principal council makes a reorganisation order, the council must send—

(a) two copies of the order to the Secretary of State; and

(b) two copies of the order to the [F1 Local Government Boundary Commission].

(2) If the Secretary of State makes regulations under section 97, he must send two copies of the regulations to the [F2 Local Government Boundary Commission].

(3) A reorganisation order may include such incidental, consequential, transitional or supplementary provision as may appear to the principal council to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.

(4) A reorganisation order, or regulations under section 97, may include any of the following provision—

(a) provision with respect to the transfer and management or custody of property (whether real or personal);

(b) provision with respect to the transfer of functions, property, rights and liabilities.

(5) Provision made under subsection (4)(b) may include any of the following—

(a) provision for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;

(b) provision for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

(c) provision for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.

(6) A reorganisation order, or regulations under section 97, may include provision for the exclusion or modification of the application of any of the following—

(a) section 16(3) or 90 of the Local Government Act 1972 (c. 70), or

(b) rules under section 36 of the Representation of the People Act 1983 (c. 2), whenever made.

(7) An order under section 92 may include such incidental, consequential, transitional or supplementary provision as may appear to the [F3 Local Government Boundary Commission] to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.

Textual Amendments

F1 Words in s. 98(1)(b) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 32; S.I. 2009/3318, art. 4(ff)

F2 Words in s. 98(2) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 32; S.I. 2009/3318, art. 4(ff)

F3 Words in s. 98(7) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 32; S.I. 2009/3318, art. 4(ff)

Modifications etc. (not altering text)

C2 Ss. 96-100 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 7(2)

C3 S. 98 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 8(3)

Commencement Information

I1 S. 98 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)