The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

Continuity: other matters

4.—(1) The following provisions of this regulation have effect subject to regulation 5.

(2) Anything which, immediately before the reorganisation date, is in the process of being done by, or in relation to, a predecessor council or a successor council in the exercise of, or in connection with, a function that is to be exercised on and after that date by the related single tier council may be continued by, or in relation to, that council.

(3) Anything done by, or in relation to, a predecessor council or a successor council in the exercise of, or in connection with, a function that is to be exercised on and after the reorganisation date by the related single tier council shall have effect as if done by, or in relation to, that council.

(4) Paragraph (3) applies in particular to—

(a) any agreement, decision, declaration, designation, determination or instrument made by a predecessor council or a successor council;

(b) any byelaws, orders or regulations made by such a council;

(c) any approval, authorisation, consent, dispensation, exemption, licence, permission, permit or relaxation granted by or to such a council;

(d) any certificate, direction or notice given by or to such a council;

(e) any application, objection, proposal or request made by or to such a council;

(f) any condition imposed by or on such a council;

(g) any fee paid by or to such a council;

(h) any appeal allowed by or in favour of such a council; or

(i) any proceedings instituted by or against such a council.

(5) A reference in paragraph (2) or (3) to anything done by or in relation to a predecessor council or a successor council includes a reference to anything which, by virtue of any enactment, is treated as having been done by or in relation to that council.

(6) So far as is required for giving effect to paragraphs (2) and (3), a reference in any document to a predecessor council or a successor council shall be construed on and after the reorganisation date—

(a) where the document refers to an area that falls within the area of more than one related single tier council, as a reference to each of them;

(b) in any other case, as a reference to the related single tier council.

(7) A person appointed by a predecessor council to represent that council on any body (whether the body is public or private and whether or not the person has voting rights) (“the appointee”) shall, unless the appointee resigns or the appointment is otherwise terminated, continue to hold that appointment on and after the reorganisation date as if the appointee had been appointed by, and as a representative of, the related single tier council.