The Devon (City of Plymouth and Borough of Torbay) (Structural Change) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order gives effect to recommendations by the Local Government Commission for England in respect of the structure of local government in the city of Plymouth (“Plymouth”) and the borough of Torbay (“Torbay”).

Article 3 effects two structural changes by providing for the transfer, on 1st April 1998, of the functions of Devon County Council in relation to Plymouth and Torbay to their respective councils.

Article 4 makes provision for the purposes of subordinate legislation which may be made under the Fire Services Act 1947 in respect of fire services.

Article 5 makes provision in relation to the structure plan applying to Devon. It also makes provision to enable the local plan prepared by the councils of Plymouth and Torbay under the Town and Country Planning Act 1990 to contain minerals and waste policies.

Article 6 provides for Plymouth and Torbay to cease to form part of Devon on 1st April 1998 and for new counties of Plymouth and Torbay to be constituted on that date (but without county councils).

Article 7 makes provision for a whole council election in Plymouth and Torbay in 1997, 2000 and 2003 and every fourth year after 2003.

Article 8 makes provision for the suspension of county council elections in 1997 in electoral divisions in Plymouth and Torbay and extends the term of office of councillors for such divisions until 1st April 1998. It also makes provision in respect of casual vacancies in the office of councillor of the local authorities affected by this order.