PART 4 DUTIES OF THE SHROPSHIRE COUNCIL AND THE DISTRICT COUNCILS RELEVANT TO TRANSITION

General transitional duties of the Shropshire council and the district councils

11.—(1) It shall be the duty of the Shropshire 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 Shropshire 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 of his authority (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 for the purposes of his inspection or copying or being supplied with copies.

PART 5 ELECTORAL MATTERS

Cancellation of district council elections in 2008, etc

12.—(1) Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors)—

(a) elections shall not be held in 2008 for the return of councillors to any of the district councils; and

(b) the term of office of councillors elected to any of the district councils in 2004, 2006 or 2007 shall end on 1st April 2009(9).

(2) Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of any of the district councils where that vacancy arises after 30th September 2008 and before 1st April 2009.

Cancellation of parish council elections, etc

13.—(1) Notwithstanding section 16(3) of the 1972 Act (election of parish councillors)—

(a) elections shall not be held in 2008 for the return of councillors to the council of the following parishes—

  • Alberbury with Cardeston,

  • Ford,

  • Minsterley,

  • Pontesbury, and

  • Westbury;

(b) elections of parish councillors for those parishes shall be held on the ordinary day of election of councillors in 2009 and every four years thereafter; and

(c) the term of office of the councillors elected for those parishes in 2004 or at any subsequent by-election before the ordinary day of election of councillors in 2009, shall end on the fourth day after the ordinary day of election of councillors in 2009(10).

(2) Notwithstanding section 16(3) of the 1972 Act (election of parish councillors)—

(a) elections shall not be held in 2010 for the return of councillors to the council of the following parishes—

  • Acton Burnell/Pitchford/Frodesley/Ruckley and Langley(11),

  • All Stretton/Smethcott/Woolaston(12),

  • Buildwas,

  • Cardington,

  • Church Preen/Hughley/Kenley(13),

  • Church Pulverbatch,

  • Condover,

  • Cound,

  • Cressage/Harley/Sheinton(14),

  • Leebotwood & Longnor,

  • Leighton & Eaton Constantine, and

  • Wroxeter & Uppington;

(b) elections of parish councillors for those parishes shall be held on the ordinary day of election of councillors in 2009 and every four years thereafter; and

(c) the term of office of the councillors elected for those parishes in 2006 or at any subsequent by-election before the ordinary day of election of councillors in 2009, shall end on the fourth day after the ordinary day of election of councillors in 2009(15).

(3) 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 in Shropshire;

(b) elections of parish councillors for those parishes in which, but for sub-paragraph (a), 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; and

(c) the term of office of the councillors elected for those parishes in 2007 or at any subsequent by-election 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 2013(16).

PART 6 AMENDMENT OF ORDER

Amendment of Order

14.  The Borough of Shrewsbury and Atcham (Electoral Changes) Order 2000(17) is amended, in article 4, by the omission of paragraphs (2), (4) and (5).

Signed by authority of the Secretary of State for Communities and Local Government

Minister of State

Department for Communities and Local Government

Date

(9)

Under section 7(9) of the Local Government Act 1972, the term of office of councillors of non-metropolitan districts councils is four years. Back [9]

(10)

Under section 16(3) of the Local Government Act 1972, the term of office of parish councillors is four years. Back [10]

(11)

These are separate parishes but are grouped under a common parish council. See section 11 of the Local Government Act 1972. Back [11]

(12)

These are separate parishes but are grouped under a common parish council. See section 11 of the Local Government Act 1972. Back [12]

(13)

These are separate parishes but are grouped under a common parish council. See section 11 of the Local Government Act 1972. Back [13]

(14)

These are separate parishes but are grouped under a common parish council. See section 11 of the Local Government Act 1972. Back [14]

(15)

Under section 16(3) of the Local Government Act 1972, the term of office of parish councillors is four years. Back [15]

(16)

Under section 16(3) of the Local Government Act 1972, the term of office of parish councillors is four years. Back [16]

(17)

S.I. 2000/1725. Back [17]