The Local Government (Structural Changes) (General) (Amendment) Regulations 2018

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). The Secretary of State may by order implement (with or without modification) a proposal received for a single tier of local government (section 7 of the 2009 Act).

Section 14 of the 2007 Act provides for regulations to make incidental, consequential, transitional and supplementary provision of general application for the purposes or in consequence of any orders under section 7 (“section 7 orders”) or for giving full effect to such orders. Regulations have been made under section 14 to make such provision in relation to the transfer of functions, property, rights and liabilities; financial provisions; and staffing. These Regulations amend the existing regulations, following the making of an order under section 7 establishing a single tier of local government in Dorset (S.I. 2018/648).

Regulation 2 amends the Local Government (Structural and Boundary Changes) (Staffing) Regulations 2008 to substitute references to revoked statutory instruments.

Regulation 3 amends the Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 to update references to statutory provisions relating to the establishment of parish councils and authorities’ executive arrangements; and to make transitional provision in relation to the community right to challenge under Part 5 of the Localism Act 2011.

Regulation 4 amends the Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008 to update references to statutory provisions relating to the Local Government Pension Scheme and to allow councils to agree that only a proportion of predecessor council’s financial reserves are held in trust for a transitional period following reorganisation.

Regulation 5 amends the Local Government (Structural Changes) (Transitional Arrangements) (No. 2) Regulations 2008 to update provisions relating to returning officers; transitional provisions relating to plans and schemes which councils are required to prepare; planning and education functions; and provision in relation to honorary titles.

Regulation 6 amends the Local Government (Structural Changes) (Further Financial Provisions and Amendment) Regulations 2009 to specify the date upon which a new council’s general fund must be established in accordance with the Local Government Finance Act 1988.

Regulation 7 amends the Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009 to update references to statutory provisions relating to the Local Government Pension Scheme and education functions; and to provide for modifications to the Accounts and Audit Regulations 2015 to make updated provision for transitional arrangements in respect of accounts and other financial matters.

Regulation 8 amends the Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 to update a reference to a statutory provision and to extend the transitional period within which a newly established council must prepare and publish certain statutory plans.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.