Local Government Area Changes Regulations 1976
| Jurisdiction | UK Non-devolved |
| Citation | SI 1976/246 |
| Year | 1976 |
1976 No. 246
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Area Changes Regulations 1976
Made 16th February 1976
Laid before Parliament 8th March 1976
Coming into Operation 29th March 1976
The Secretary of State for the Environment and the Secretary of State for Wales, in exercise of the powers conferred upon them by sections 67(1) and (2) and 255(1) and (3) of, and paragraph 9 of Schedule 10 to, the Local Government Act 1972 and of all other powers enabling them in that behalf, hereby make the following regulations:—
Title and commencement
1. These regulations may be cited as the Local Government Area Changes Regulations 1976 and shall come into operation on 29th March 1976.
Application: extent of exercise of powers
2. These regulations make incidental, consequential, transitional or supplementary provision for the purposes or in consequence of orders made under Part IV of the Local Government Act 1972 by the Secretary of State for the Environment or the Secretary of State for Wales, or both, or under paragraph 7 of Schedule 10 to the said Act by the Secretary of State for Wales, and are made—
by the Secretary of State for the Environment in so far as they are made in relation to orders made by him;
by the Secretary of State for Wales in so far as they are made in relation to orders made by him; and
by both such Secretaries in so far as they are made in relation to orders made by both.
Interpretation
3.—(1) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(2) In these regulations—
“” means ;
“” means ;
“” ;
“”, “”, “” and “”1;
“” means ;
“” means ;
“” means ;
“” means ;
“”, in relation to functions, means2;
“” ;
“”, ;
“” means ;
“” means ;
except in regulation 49 “”, in relation to any purpose and any body, means ;
“”, in relation to any dissolved authority, means ;
except in paragraph 6 of Schedule 3 “”, without more, means ;
“” means ;
“” means ; and
“” means .
(3) These regulations have effect subject to the provisions of the order.
(4) For the purposes of these regulations and of the order—
(a)
(a) an area shall be treated as transferred from any relevant area wherever it ceases on the appointed day to be comprised in that relevant area, whether that area continues to exist or not, and if it does not whether the first-mentioned area constitutes only part of it or the whole;
(b)
(b) an area shall be treated as transferred to any relevant area wherever it first comes on the appointed day to be comprised in that relevant area, whether that area previously existed or not, and if it did not whether the first-mentioned area constitutes only part of it or the whole.
In this paragraph, “” means .
(5) In these regulations and in the order, unless the context otherwise requires—
(a)
(a) references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment;
(b)
(b) references to any instrument shall be construed as references to that instrument as amended, extended or applied by any other instrument.
(6) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation or schedule of a specified instrument, be construed as a reference to the regulation or schedule bearing that number in these regulations.
(7) Any reference in any regulation or schedule of these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified instrument, be construed as a reference to the paragraph bearing that number in the first-mentioned regulation or schedule.
(8) Any reference in any paragraph of a regulation or schedule to a numbered sub-paragraph shall, unless the reference is to a sub-paragraph of a specified paragraph, be construed as a reference to the sub-paragraph bearing that number in the first-mentioned paragraph.
Coming into operation of order
4.—(1) The following are purposes for which the order shall come into operation on such day earlier than the appointed day as may be specified therein—
(a)
(a) the application of sections 39 and 40 of the Local Government Act 1972;
(b)
(b) the preparation or the alteration of any register of electors under the Representation of the People Acts;
(c)
(c) any local government election under the said Acts or the Local Government Act 1972 for any area consisting of or comprising any area established or altered by the order and proceedings preliminary or relating thereto;
(d)
(d) any action under Part IV of, or Schedule 9 or 10 to, the Local Government Act 1972 in relation to electoral areas;
(e)
(e) the constitution of any body established by the order and proceedings preliminary or relating to the first meeting thereof;
(f)
(f) the annual assembly of any parish meeting;
(g)
(g) the making of any scheme under regulation 67 or 68;
(h)
(h) the appointment of any officer or the taking of any other action, and the incurring of any expenditure in relation thereto, by any authority to ensure their effective operation as from the appointed day;
(i)
(i) the alteration of any valuation list to take effect on the appointed day, the preparation or revision of any estimate of the product of a rate of a new penny in the pound, the preparation or service of any precept to be made in respect of a period commencing on the appointed day and the preparation or approval of any rate to be made in respect of a period commencing on the appointed day; and
(j)
(j) any provision of these regulations or of the order which expressly refers to the coming into operation of the order or requires or enables action to be taken before the appointed day.
(2) If new valuation lists are to come into force on the appointed day, and the order comes into operation more than 5 months before that day, in item (i) of paragraph (1) for the first 13 words there shall be substituted .
(3) Nothing in this regulation authorises the appointment of the chief officer of a new fire brigade to take effect before the appointed day.
Maps
5.—(1) A print of any map referred to in the order shall be deposited in the offices of the Secretary of State.
(2) A print of any such map shall be deposited—
with the council of any district or London borough affected by the changes of areas made by the order;
where the City is so affected, with the Common Council;
where the Inner Temple is so affected, with the Sub-Treasurer; and
where the Middle Temple is so affected, with the Under Treasurer.
A print deposited under this paragraph shall at all reasonable times be open to inspection by any person affected by the changes of areas made by the order, and on payment of a reasonable fee (to be determined by the body with whom the print is deposited) any such person shall be entitled to a copy of or an extract from it, certified by the proper officer of such body to be a true copy or extract, which shall be received in all courts of justice and elsewhere as prima facie evidence of the contents of the map as regards the changes of areas made by the order.
(3) In addition—
(a)
(a) prints shall be supplied to—
(i) the councils of the counties affected by the order or if Greater London is affected the Greater London Council;
the Commissioners of Inland Revenue;
the Secretary of State for Employment;
the Secretary of State for Industry;
the Secretary of State for Prices and Consumer Protection;
the Treasury Valuer;
the Boundary Commission for England or the Boundary Commission for Wales;
the Registrar General;
Ordnance Survey; and
the Land Registry.
(ii) if the map is relevant to any changes in the boundaries of districts or London boroughs, or the City, the Inner Temple or the Middle Temple, the Secretary of State for Social Services;
(b)
(b) if the map is relevant to any change in the boundaries of a parish, a print thereof, or an extract therefrom, shall be supplied to the parish authority;
(c)
(c) if the map is relevant to any change in the boundaries of a community having a community council, a print thereof, or an extract therefrom, shall be supplied to that council.
(4) Any print or extract supplied under (b) or (c) of paragraph (3) shall be deposited with the records of the parish or community.
Mereing of boundaries
6. The boundaries established by the order shall be mered by Ordnance Survey. Any boundary defined on any map referred to in the order by reference to proposed works shall, if such works have not been executed at the time of the completion of the first survey including such boundary made after the coming into operation of the order for a new edition of Ordnance Survey large scale plans, be mered as if the boundary had not been so defined.
General continuance of matters
7. Subject to the other provisions of these regulations, any of the following things done or treated by virtue of any enactment as having been done by, or to, or in relation to, any authority from whom any area is transferred by the order in connection with the discharge of any of their functions in relation to such area, that is to say—
any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority;
any notice or direction given or treated as given by, or to, such an authority;
any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by, or to, such an authority;
any application, proposal or objection made or treated as made by, or to, such an authority;
any condition or requirement imposed or treated as imposed by, or on, such an authority; or
any appeal allowed by, or in favour of, or against, such an authority,
shall, as from the appointed day, be treated as having been done...
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