The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 1 of the Local Government and Public Involvement in Health Act 2007 (the “2007 Act”) provides for the establishment of a single tier of local government for areas in England. There is a single tier of local government for an area if there is either a county council and no district councils for that area, or a district council and no county council for that area (section 1(2) of the 2007 Act). Where the Secretary of State has received a proposal or a recommendation that there should be a single tier of local government for an area, he may make an order to implement the proposal or recommendation with or without modification. These Regulations make incidental, consequential, transitional and supplementary provision of general application in relation to the exercise of functions by local authorities during the transitional period (defined in regulation 2) for the purposes of, and in consequence of, orders made by the Secretary of State under section 7 of the 2007 Act. Section 14(3) of the 2007 Act provides for these Regulations to have effect subject to any provision included in such an order.

Regulation 3 provides for continuity when a function of a council which will be abolished on the reorganisation date is, by virtue of these Regulations, to be exercised during the transitional period by the council which will succeed it (a “successor council”). Anything which has been done by, or is in the process of being done by, the council which will be abolished in the exercise of or in connection with such a function has effect as if done by or in relation to the successor council, and may be continued by or in relation to the successor council.

Regulations 4 to 6 and the Schedule make provision for responsibility for the discharge of functions by successor councils during the transitional period. Part 2 of the Local Government Act 2000 provides that the discharge of a local authority’s functions is the responsibility of an executive of the authority unless those functions are specified as functions that are not to be the responsibility of the authority’s executive. These Regulations modify the provision made under Part 2 of the Local Government Act 2000 in relation to successor councils which are either shadow councils established by an order under section 7 of the 2007 Act, or existing councils for which an executive committee, referred to as an Implementation Executive, has been established by such an order. The effect of these modifications is to make responsibility for any function which such successor councils will exercise by virtue of these Regulations a function of its shadow executive (in relation to a shadow council) or its Implementation Executive (in relation to an existing council for which such an Executive has been constituted).

Regulation 7 provides that where a community governance review is or has been undertaken by a council which is to be abolished on the reorganisation date, the powers to implement the recommendations or proposals resulting from that review (including, in particular, proposals for the establishment of new parishes or parish councils) shall be exercised during the transitional period by the successor council. Regulation 8 makes similar provision in relation to the establishment of new parish councils under the Local Government and Rating Act 1997, which has been repealed by the 2007 Act but saved for certain purposes by the Local Government and Public Involvement in Health Act Commencement No.3, Transitional and Saving Provisions and Commencement No.2 (Amendment)) Order 2008.

Regulation 9 and 10 make provision in relation to the governance of councils which will be abolished on the reorganisation date. Their effect is to disapply the requirements of paragraphs 3 and 4 of Schedule 4 to the 2007 Act, and of section 34 of the Local Government Act 2000, which make provision for changes in the form of a council’s executive.

Regulation 11 modifies Part 5 of the 2007 Act so that during the transitional period a local area agreement can be prepared submitted and approved, and an assessment of relevant needs prepared and published, for the area of a single tier council. Regulation 12 makes provision in relation to the local area agreement or assessment of relevant needs of a predecessor council to ensure that a shadow council is treated as a partner authority of the predecessor council (so that, for example, it must be consulted about any proposal to revise a local area agreement under section 111 of the 2007 Act).

Regulation 13 disapplies the requirement to hold a by-election where a casual vacancy arises for a councillor of a council in the six months before its abolition. Regulation 14 makes provision for who will be the returning officer and proper officer for the purpose of holding a by-election to a shadow council, or for the purpose of any election to a parish council where such officers are required to act before the reorganisation date in relation to parish council elections that are to be held after that date.

A full impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.