2008 No. 490
The Wiltshire (Structural Change) Order 2008
Made
Coming into force in accordance with article 1
This Order implements, without modification, a proposal, submitted to the Secretary of State for Communities and Local Government under section 2 of the Local Government and Public Involvement in Health Act 20071, that there should be a single tier of local government for the county of Wiltshire.
That proposal was made by Wiltshire County Council.
The Secretary of State did not make a request under section 4 of the Local Government and Public Involvement in Health Act 2007 (request for Boundary Committee for England’s advice).
Before making the Order the Secretary of State consulted the following about the proposal—
every authority affected by the proposal2 (except the authority which made it); and
other persons the Secretary of State considered appropriate.
In accordance with section 240(6) of the Local Government and Public Involvement in Health Act 2007, a draft of this Order was laid before, and approved by, both Houses of Parliament.
The Secretary of State for Communities and Local Government makes this Order in the exercise of the powers conferred by sections 7, 11, 12 and 13 of the Local Government and Public Involvement in Health Act 2007:
PART 1GENERAL
Citation and commencement1
This Order may be cited as the Wiltshire (Structural Change) Order 2008 and shall come into force on the day after that on which it is made.
Interpretation2
In this Order—
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act” means the Local Government Act 2000 as it has effect in relation to the Wiltshire council3;
“the 1972 Act” means the Local Government Act 19724;
“article 7 functions” means the functions referred to in article 7;
“the 2009 election day” means the ordinary day of election of councillors5 in 2009;
“the district councils” means the councils specified in article 4(b);
“the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 6(3);
“the main transitional function” has the meaning given by article 6(1);
“the Wiltshire council” means the council of the county of Wiltshire; and
“Wiltshire”, except in the definition of “the Wiltshire council” and the second mention of those words in article 3(2), means the county of Wiltshire.
PART 2ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN WILTSHIRE
Single tier local government in Wiltshire3
1
On and after 1st April 2009 the Wiltshire council shall be the sole principal authority for Wiltshire.
2
For the purposes of enactments relating to local government, there shall be a new district, whose area shall be co-terminous with that of Wiltshire; and the name of that new district shall be Wiltshire.
Abolition of districts and winding up and dissolution of district councils4
On 1st April 2009—
a
the following districts shall be abolished—
i
Kennet,
ii
North Wiltshire,
iii
Salisbury, and
iv
West Wiltshire; and
b
the following councils shall be wound up and dissolved—
i
Kennet District Council,
ii
North Wiltshire District Council,
iii
Salisbury District Council, and
iv
West Wiltshire District Council.
Cessation of term of office of district councillors5
Every person who holds office as a councillor of one of the district councils immediately before 1st April 2009 shall cease to hold office on that date.
PART 3TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Transitional functions of the Wiltshire council and establishment of Implementation Executive6
1
On the coming into force of this Order there shall be added to the functions of the Wiltshire council the function, which is to be exercisable only during the transitional period ending on the fourth day after the 2009 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer of the district councils’ functions, property, rights and liabilities (“the main transitional function”).
2
Section 15 of the 2000 Act (discharge of functions: leader and cabinet executive) shall have effect in relation to the Wiltshire council and—
a
the main transitional function, and
b
the other transitional functions referred to in article 7 (“the article 7 functions”),
as if, in subsection (1), after the words “19 or 20,” there were inserted “or under the Wiltshire (Structural Change) Order 2008,”.
3
The Wiltshire council’s executive arrangements shall provide for the discharge of the main transitional function and the article 7 functions to be the responsibility of a committee of the council’s executive, to be known as the Implementation Executive.
4
Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply to, or in relation to, the Implementation Executive subject only to paragraphs (5), (6) and (8) to (11) of this article and article 8(2) to (4); and for this purpose “statutory provisions” includes —
a
any enactment contained in an Act passed after the making of this Order; and
b
any instrument made at any time under an enactment (including an enactment contained in an Act passed after the 2007 Act).
5
The Implementation Executive shall consist of—
a
the person who is for the time being the leader of the Wiltshire council’s executive;
b
eight persons nominated by the Wiltshire council who are for the time being members of that council; and
c
eight other persons, of whom each of the district councils shall nominate two, being persons who are for the time being members of the council by which they are nominated (whether or not including the leaders for the time being of those councils).
6
In making the nominations referred to in paragraph (5)(b) and (c), the Wiltshire council and the district councils shall, to the extent that it is practicable to do so, secure that at all times the Conservative Party, the Labour Party and the Liberal Democrats are each represented on the Implementation Executive by at least one member.
7
It shall be the duty of the Wiltshire council and each of the district councils to co-operate in the establishment of the Implementation Executive.
8
The leader of the Implementation Executive shall be the person who is for the time being the leader of the Wiltshire council’s executive; and that person shall preside at all meetings of the Implementation Executive at which he is present.
9
The persons who, immediately before 1st April 2009, are members of the Implementation Executive by virtue of paragraph (5)(c) shall continue as members of the Executive notwithstanding that they cease on that date to be members of the district councils.
10
The Implementation Executive shall regulate its own proceedings, but a question to be decided by the Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Executive) having one vote.
11
In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Executive) shall have a casting vote, in addition to any other vote the person may have.
Other transitional functions7
1
The other transitional functions referred to in article 6(2)(b), which are to be exercisable only during the transitional period ending on the fourth day after the 2009 election day, are—
a
such executive and non-executive functions of the Wiltshire council as exist on the date on which this Order is made; and
b
such other functions (including functions exercisable by all or any of the district councils, and functions conferred on or after that date on local authorities generally or on particular classes of local authority),
as, by any of the means mentioned in paragraph (2), the Secretary of State may specify.
2
The means referred to in paragraph (1) are—
a
this Order,
b
a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend)6,
c
an order under section 20 of the 2007 Act (correction of orders), and
d
regulations under section 14 of the 2007 Act (regulations for supplementing orders).
Discharge of functions by Implementation Executive8
1
The discharge of the main transitional function and the article 7 functions shall be a responsibility of the Implementation Executive, and shall not be a responsibility of the executive of the Wiltshire council.
2
Section 15(7) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an officer of the authority) shall have effect in relation to the Implementation Executive as if—
a
references to functions included references to responsibilities, and
b
the reference to an officer of the authority included a reference to—
i
a sub-committee of the Implementation Executive, and
ii
an officer of any of the district councils.
3
Section 15(9) of the 2000 Act (which enables a person who has made arrangements for the discharge by another person of any function of his, to discharge that function himself) shall have effect in relation to arrangements made under subsection (7) of that section (as modified by paragraph (2) above) as if —
a
references to functions included references to responsibilities, and
b
the reference to an officer of the authority included a reference to—
i
a sub-committee of the Implementation Executive, and
ii
an officer of any of the district councils.
4
Section 21 of the 2000 Act (overview and scrutiny committees) shall not apply on or before 31st March 2009 in relation to any matter—
a
that is a responsibility of the Implementation Executive by virtue of paragraph (1), or
b
that is the responsibility of that Executive under arrangements made by the Wiltshire council under the 2000 Act.
5
Until 1st April 2009, section 13 of the 2000 Act (functions which are the responsibility of an executive) shall have effect as if, at the end of subsection (10)(c), there were added “or as mentioned in article 8(6) of the Wiltshire (Structural Change) Order 2008”.
6
The Wiltshire council and the district councils may discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of—
a
reviewing or scrutinising decisions made, or other action taken, by the Implementation Executive in connection with any matter of a description mentioned in paragraph (4); or
b
preparing reports for, or making recommendations to, the Implementation Executive in connection with any function or responsibility of that Executive.
7
Where such arrangements as are mentioned in paragraph (6) are made, the joint committee shall inform the Wiltshire council and the district councils at least once in each period of three months beginning with the period ending on 31st March 2008 of—
a
the matters that it has considered during the period in question, and
b
the conclusions (if any) that it has reached concerning those matters.
8
The Implementation Executive and any sub-committee of that Executive shall be dissolved on the fourth day after the 2009 election day.
9
Any joint committee established as mentioned in paragraph (6) shall be dissolved on 1st April 2009.
Implementation Plan and further provisions relevant to discharge of functions by Implementation Executive9
1
The Implementation Executive shall prepare, keep under review, and revise as necessary, an Implementation Plan which shall include—
a
such plans and timetables as the Implementation Executive considers necessary to secure the effective, efficient and timely discharge of the main transitional function and the article 7 functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of the Wiltshire council’s functions on or after 1st April 2009.
2
For the purposes of —
a
preparing, reviewing and revising the Implementation Plan,
b
discharging the main transitional function and the article 7 functions, and
c
discharging such other functions as may be conferred on it,
the Implementation Executive shall have regard to the information supplied by the Wiltshire council to the Secretary of State in support of its proposal for single tier local government in Wiltshire and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 20067.
3
The Implementation Executive may, by written notice to—
a
the proper officer of the Wiltshire council, or
b
the proper officer of any of the district councils,
require the council referred to in the notice to take such action relevant to the main transitional function or any of the article 7 functions as may be specified in the notice.
4
In paragraph (3), “the proper officer”, means the officer appointed by the Wiltshire council or the district council concerned (as the case may be) for the purpose of receiving such notices.
Implementation Team10
1
Not later than 21 days after the coming into force of this Order the Implementation Executive shall form a team of officers for the purpose of assisting the Executive in the discharge of the main transitional function and the article 7 functions (“the Implementation Team”).
2
The members of the Implementation Team shall include officers from both the Wiltshire council and each of the district councils.
3
The leader of the Implementation Team shall be an officer of the Wiltshire council.
4
It shall be the duty of the Wiltshire council and each of the district councils to co-operate in the formation of the Implementation Team and to release the officers concerned from their normal duties at such times or for such periods as the Implementation Executive may reasonably require.
PART 4DUTIES OF THE WILTSHIRE COUNCIL AND THE DISTRICT COUNCILS RELEVANT TO TRANSITION
General transitional duties of the Wiltshire council and the district councils11
1
It shall be the duty of the Wiltshire council and the district councils—
a
to take, whether alone or in any combination, such steps as may be necessary to prepare for the transfer of the functions, property, rights and liabilities of the district councils;
b
to consult and co-operate with each other in order to secure the economic, effective, efficient and timely transfer of those functions, property, rights and liabilities; and
c
generally, to exercise their functions so as to further the purposes of this Order.
2
Without prejudice to the generality of paragraph (1), the Wiltshire council and each of the district councils shall provide such information relating to its functions as any other of those councils may reasonably request for the purpose of giving effect to this Order.
3
Any person authorised in that behalf by the council making the request shall be entitled, at all reasonable times, on producing evidence that the person is authorised (if so required by the council from which the information is sought)—
a
to inspect any record belonging to or under the control of the council providing the information and relating to that council or its functions; and
b
to take, or be supplied with, a copy of any such record or part of it.
4
The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
PART 5ELECTORAL MATTERS
Cancellation of parish council elections, etc12
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors)—
a
elections shall not be held in 2011 for the return of councillors to the council of any parish within Wiltshire; and
b
the term of office of parish councillors elected in 2007 or at any subsequent by-election held before the ordinary day of election of councillors in 2013 shall end on the fourth day after the ordinary day of election of councillors in 20138.
2
Elections of parish councillors for those parishes in which, but for paragraph (1), elections would have been held in 2011 shall be held on the ordinary day of election of councillors in 2013 and every four years thereafter.
Signed by authority of the Secretary of State for Communities and Local Government
(This note is not part of the Order)