The Buckinghamshire (Structural Changes) Order 2019

JurisdictionUK Non-devolved
CitationSI 2019/957
  • This Order may be cited as the Buckinghamshire (Structural Changes) Order 2019 and comes into force on the day after the day on which the Order is made.
  • In this Order
  • (1) A new non-metropolitan district to be known as Buckinghamshire is constituted, being coterminous with Buckinghamshire and comprising the areas of the district councils.(2) In relation to Buckinghamshire section 2(1) of the 1972 Act (which provides that every county shall have a council) does not apply.(3) A new district council, to be known as Buckinghamshire Council, is established as the sole principal authority for the non-metropolitan district of Buckinghamshire.Buckinghamshire Council is not a local authority for the purposes of the 1972 Act or for any other enactment relating to local government; andsubsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) has effect in relation to that council, as if the words from “and the council” to the end of that subsection were omitted.(5) Immediately after the end of the shadow period those persons who are members of Buckinghamshire Council (having been members of the shadow authority) immediately before the end of that period are to continue to be the members of that council.(6) The term of office of those members referred to in paragraph (5) ends on the fourth day after the 2021 election day.(7) Until the fourth day after the 2021 election day, a meeting of Buckinghamshire Council is to be deemed quorate for the purposes of paragraph 6 of Schedule 12 to the 1972 Act where there are present at least twenty members of the council.the districts are abolished as local government areas; andthe county council and the district councils are wound up and dissolved.(2) The term of office of persons serving as councillors of the county council and the district councils immediately before 1st April 2020 ends on that date.(3) Subject to paragraph (4) , nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of the county council or district councils where that vacancy arises after 30th September 2019 and before 1st April 2020.(4) Where, on the occurrence of a vacancy mentioned in paragraph (3) or in the case of a number of simultaneous vacancies, the total number of unfilled vacancies in the membership of the county council or district council (as the case may be) exceeds one third of the whole number of members of that council an election to fill the vacancy shall be held in accordance with section 89 of the 1972 Act.(5) Where, in the circumstances mentioned in paragraph (4) , the declaration mentioned in section 89(1) (a) has been made or the notice in writing mentioned in section 89(1) (b) of the 1972 Act has been given within thirty-five days of 1st April 2020 (computed in accordance with section 243(4) of the 1972 Act) an election shall not be held and any proceedings required by the Local Elections (Principal Areas) (England and Wales) Rules 2006 (1) During the shadow period Buckinghamshire Council is a shadow authority for the purposes of the following provisions of this Part.councillors of the county council; andcouncillors of the district councils.(3) Those persons are to be members of the shadow authority throughout the shadow period notwithstanding the dissolution of the county council and the district councils on 1st April 2020.(4) The proper officer of the county council must convene, and make all necessary arrangements for, the first meeting of the shadow authority, which is to be held not later than 14 days after the coming into force of this Order.(5) The proper officer of Wycombe District Council shall act as the deputy to the proper officer of the county council in relation to the discharge of the duty under paragraph (4) , discharging such functions as the proper officer of the county council may delegate.(6) Where, after the coming into force of this Order and before 1st(7) All questions coming or arising before the shadow authority shall be decided by a

    To continue reading

    Request your trial

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT