The Local Government Changes for England Regulations 1995

Statutory Instruments

1995 No. 590

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Changes for England Regulations 1995

Made

8th March 1995

Laid before Parliament

8th March 1995

Coming into force

9th March 1995

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 19 and 26 of the Local Government Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Local Government Changes for England Regulations 1995 and shall come into force on 9th March 1995.

Amendment of 1994 Regulations

2.—(1) The Local Government Changes for England Regulations 1994(2) shall be amended in accordance with the following paragraphs of this regulation.

(2) The following shall be substituted for regulation 10—

“Elections of shadow authorities

10.   The Schedule to these Regulations shall have effect with respect to the elections of shadow authorities.”.

(3) After regulation 28 (minutes of last meetings) the following shall be added as the Schedule to the Regulations—

Regulation 10

“SCHEDULE ELECTIONS OF SHADOW AUTHORITIES

Qualification for membership

1.   For the purposes of section 79 of the 1972 Act, in its application to a candidate for membership of a shadow authority, the area of the shadow authority shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.”

Signed by authority of the Secretary of State for the Environment

Robert Jones

Parliamentary Under Secretary of State,

Department of the Environment

8th March 1995

Explanatory Note

(This note is not part of the Regulations)

The Local Government Changes for England Regulations 1994 (“the 1994 Regulations”) make incidental, consequential, transitional and supplementary provision of general application for the purposes, or in consequence, of orders made by the Secretary of State under section 17 of the Local Government Act 1992 to give effect to recommendations of the Local Government Commission for England for structural and boundary changes.

Such orders may establish new local government areas as a result of boundary changes and provide for elections to the authorities for these new areas in the period before all the functions of local authorities are transferred to such authorities. In the 1994 Regulations such authorities are referred to as “shadow authorities”.

Regulation 11(6) of the 1994 Regulations applies Part V of the Local Government Act 1972 (general provisions as to members of local authorities) to shadow authorities. These Regulations amend the 1994 Regulations to provide that section 79 of that Act (which provides, amongst other things, that a person is qualified to be elected as a member of a local authority if he has occupied premises, resided or worked in the area of that authority the whole of the twelve months preceding nomination day) shall have effect in relation to a candidate for election to a shadow authority as if the area of that authority had been established not less than 12 months before that day.

(1)

1992 c. 19.

(2)

S.I. 1994/867.