Humberside (Structural Change) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/600 |
| Year | 1995 |
1995 No. 600
LOCAL GOVERNMENT, ENGLAND AND WALES
The Humberside (Structural Change) Order 1995
Made 7th March 1995
Whereas the Local Government Commission for England, acting pursuant to section 15(4) of the Local Government Act 19921has submitted to the Secretary of State a report on its review of the county of Humberside together with its recommendations:
And whereas the Secretary of State has decided to give effect to the recommendations with modifications:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 17218(3)(a) and 26 of the Local Government Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament:
PART PART I
GENERAL
Citation and commencement
1. This Order may be cited as the Humberside (Structural Change) Order 1995 and shall come into force for the purposes of articles 3, 6 to 8, 10, 12(2) and (3), and 16 to 19 inclusive on the day after the day on which it is made and for all other purposes on 1st April 1996.
Interpretation
2. In this Order
“the Act” means the Local Government Act 1992;
“the 1972 Act” means the Local Government Act 19723;
“the 1990 Act” means the Town and Country Planning Act 19904;
“existing”, in relation to an area, means that area as it exists on the date this Order is made;
“Humberside” means the non-metropolitan county of Humberside, and the County Council means the council of that county;
“Humberside district” means a district in Humberside and Humberside district council means a council of such a district;
“the preliminary period” means the period beginning with 8th May 1995 and ending immediately before the reorganisation date;
“old electoral division” means an electoral division of Humberside established by the County of Humberside (Electoral Arrangements) Order 19815;
“the 1994 Regulations” means the Local Government Changes for England Regulations 19946;
“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 1996; subordinate legislation has the same meaning as in section 21 of the Interpretation Act 19787;
“the transferee authorities” means the district councils for the East Riding of Yorkshire, the City of Kingston upon Hull, North Lincolnshire and North East Lincolnshire; and
“the transferor authorities” means Humberside County Council, Beverley Borough Council, Boothferry Borough Council, Cleethorpes Borough Council, East Yorkshire Borough Council, Glanford Borough Council, Great Grimsby Borough Council, Holderness Borough Council and Scunthorpe Borough Council.
PART II
THE CITY OF KINGSTON UPON HULL AND NEW DISTRICTS OF THE EAST RIDING OF YORKSHIRE, NORTH LINCOLNSHIRE AND NORTH EAST LINCOLNSHIRE
Constitution of new districts of the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire
3.—(1) A new district of the East Riding of Yorkshire shall be constituted and shall comprise the existing Humberside district areas of Beverley, East Yorkshire, and Holderness, and the areas of parishes which form part of the existing Humberside district of Boothferry and are listed in paragraph 1 of Schedule 1 to this Order.
(2) A new district of North Lincolnshire shall be constituted and shall comprise the existing Humberside district areas of Glanford and Scunthorpe, and the areas of parishes which form part of the existing Humberside district of Boothferry and are listed in paragraph 2 of Schedule 1 to this Order.
(3) A new district of North East Lincolnshire shall be constituted nd shall comprise the existing Humberside district areas of Great Grimsby and Cleethorpes.
(4) Subject to article 16, there shall be new non-metropolitan district councils for the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire, which shall be the transferee authorities for those districts, or part of districts, as provided for in this article.
Existing local government areas
4.—(1) The existing county of Humberside and the existing Humberside districts of Beverley, Boothferry, Cleethorpes, East Yorkshire, Glanford, Great Grimsby, Holderness and Scunthorpe shall be abolished.
(2) The County Council, Beverley Borough Council, Boothferry Borough Council, Cleethorpes Borough Council, East Yorkshire Borough Council, Glanford Borough Council, Great Grimsby Borough Council, Holderness Borough Council and Scunthorpe Borough Council shall be wound up and dissolved.
PART PART III
NEW COUNTIES
Constitution of new counties
5.—(1) New counties of the City of Kingston upon Hull, North Lincolnshire, North East Lincolnshire and the East Riding of Yorkshire shall be constituted and shall comprise the district areas of the City of Kingston upon Hull, North Lincolnshire, North East Lincolnshire and the East Riding of Yorkshire respectively.
(2) Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of the City of Kingston upon Hull, North Lincolnshire, North East Lincolnshire and the East Riding of Yorkshire.
PART IV
ELECTORAL ARRANGEMENTS
Elections for Kingston upon Hull
6. The City of Kingston upon Hull (Electoral Arrangements) Order 19798shall be amended by the substitution of the following article for article 9
“9.—(1) The whole number of councillors shall be elected at the ordinary elections of councillors in 1995.
(2) The councillors holding office for any ward of the city immediately before 8th May 1995 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
(3) Of the councillors elected at the ordinary election of councillors in 1995 for any ward of the city
(a)
(a) one-third shall retire in 1997 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;
(b)
(b) one-third shall retire in 1998 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
(c)
(c) the remaining third shall retire in 1999.
(4) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
(5) If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
(6) Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
(7) The term of office of councillors elected in 1997 shall be three years.
(8) Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.”
Elections in the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire
7.—(1) The ordinary election of councillors of the district councils of the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire shall be held in 1995 and in every fourth year thereafter.
(2) The East Riding of Yorkshire shall be represented by 67 councillors and divided into 26 wards as set out in Schedule 2 to this Order.
(3) North Lincolnshire shall be represented by 42 councillors and divided into 15 wards as set out in Schedule 3 to this Order.
(4) North East Lincolnshire shall be represented by 42 councillors and divided into 14 wards as set out in Schedule 4 to this Order.
(5) The term of office of such councillors shall be four years and all councillors shall retire on the fourth day after the day of the ordinary election of councillors in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
(6)
(6) At the ordinary election in 1995
(a)
(a) the returning officer for the election to the district council of the East Riding of Yorkshire shall be the returning officer appointed by Beverley Borough Council for the existing district of Beverley;
(b)
(b) the returning officer for the election to the district council of North East Lincolnshire shall be the returning officer appointed by Great Grimsby Borough Council for the existing district of Great Grimsby; and
(c)
(c) the returning officer for the election to the district council of North Lincolnshire shall be the returning officer appointed by Glanford Borough Council for the existing district of Glanford.
(7) Section 36(4) of the Representation of the People Act 19839(payment of election expenses) shall not apply to that election.
(8) All expenditure properly incurred by the returning officer in relation to the holding of the election to the East Riding of Yorkshire District Council shall be paid by the councils of the districts of Beverley, Boothferry, East Yorkshire and Holderness in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of...
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