The Berkshire (Structural Change) Order 1996

In this Order—

• “the Act” means the Local Government Act 1992;

• “the 1972 Act” means the Local Government Act 19723;

• “Berkshire” means the Royal County of Berkshire and “the County Council” means the council of that county;

• “Berkshire district” means a district in Berkshire and “Berkshire district council” means a council of such a district;

• “the relevant date” means 5th May 1997;

• “relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;

• “the reorganisation date” means 1st April 1998; and

• “subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 19784.

The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.

Each Berkshire district shall, subject to any combination scheme under the Fire Services Act 19475 (“the 1947 Act”), become the area of a fire authority for the purposes of that Act.

Section 10 of the 1947 Act shall have effect, in relation to Berkshire, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.

The structure plan applying immediately before the reorganisation date to Berkshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the Berkshire district councils; and section 50 of the Town and Country Planning Act 19906 (“the 1990 Act”) shall apply accordingly.

For the purposes of Part V of the Local Government Changes for England (Miscellaneous Provision) Regulations 1996 (miscellaneous employment matters)9, the designated authority in respect of an eligible person (within the meaning of that Part) formerly employed by the County Council shall be the council of the district of Newbury.

On and after the reorganisation date the Berkshire Act 198611 shall have effect subject to the modification in paragraph (2) below, and to such other modifications as are necessary for the purpose of securing the full and effective application of the Act.

Section 14(3)(c)(ii) shall have effect as if for the words from “the highway authority” (where first occurring) to the end of the paragraph there were substituted the words “and the highway authority (if any) for the street in question, if the district council are not the highway authority”.

For the purposes of an election held on or after 1st May 1997, the existing wards of the district of Newbury (“Newbury”) shall be abolished and Newbury shall be divided into thirty-one wards which shall bear the names set out in column (1) of the Schedule to this Order.

The wards shall comprise the areas respectively described (in the manner described in paragraph (3) below) in column (2) of that Schedule, and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.

The areas of the wards are described by reference to existing parishes or existing parish wards or, or and, as the case may be, are shown on one or more of the 4 maps prepared by the Department of the Environment, marked “Maps of the Berkshire (Structural Change) Order 1996”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 199412.

Elections of all councillors of the council of Newbury shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 1997, 2000, 2003 and every fourth year after 200313.

The term of office of any councillor so elected shall be, in the case of the councillors elected in 1997 and 2000, three years and, in any other case, four years.

With effect from 1st May 1997, the District of Newbury (Electoral Arrangements) Order 1979 is revoked14.

The District of Bracknell (Electoral Arrangements) Order 197715 and the Royal Borough of Windsor and Maidenhead (Electoral Arrangements) Order 198016 shall have effect subject to the provisions of this article.

Elections of all councillors of the councils of the borough of Bracknell Forest and the Royal Borough of Windsor and Maidenhead shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000, 2003 and every fourth year after 2003.

The term of office of any councillor so elected shall be, in the case of the councillors elected in 1997 and 2000, three years and, in any other case, four years.

The District of Wokingham (Electoral Arrangements) Order 197819 shall be amended in accordance with the following paragraphs of this article.

The following shall be substituted for article 6—

The following shall be substituted for Schedule 2—

The ordinary election of councillors in 1997 for the County Council shall not take place; and any councillor for that council holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.