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This Draft Statutory Instrument has been printed in substitution for the Draft Statutory Instrument of the same title, which was laid on 17th December 2007, and is being issued free of charge to all known recipients of that Draft Statutory Instrument.
Draft Order laid before Parliament under section 240(6) of the Local Government and Public Involvement in Health Act 2007, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
LOCAL GOVERNMENT, ENGLAND
Made
*** 2008
Coming into force in accordance with article 1
DUTIES OF THE WILTSHIRE COUNCIL AND THE DISTRICT COUNCILS RELEVANT TO TRANSITION
This Order implements, without modification, a proposal, submitted to the Secretary of State for Communities and Local Government under section 2 of the Local Government and Public Involvement in Health Act 2007(1), that there should be a single tier of local government for the county of Wiltshire.
That proposal was made by Wiltshire County Council.
The Secretary of State did not make a request under section 4 of the Local Government and Public Involvement in Health Act 2007 (request for Boundary Committee for England’s advice).
Before making the Order the Secretary of State consulted the following about the proposal—
(a) every authority affected by the proposal(2) (except the authority which made it); and
(b) other persons the Secretary of State considered appropriate.
The Secretary of State for Communities and Local Government makes this Order in the exercise of the powers conferred by sections 7, 11, 12 and 13 of the Local Government and Public Involvement in Health Act 2007:
1. This Order may be cited as the Wiltshire (Structural Change) Order 2008 and shall come into force on the day after that on which it is made.
2. In this Order—
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act” means the Local Government Act 2000 as it has effect in relation to the Wiltshire council(3);
“the 1972 Act” means the Local Government Act 1972(4);
“article 7 functions” means the functions referred to in article 7;
“the 2009 election day” means the ordinary day of election of councillors(5) in 2009;
“the district councils” means the councils specified in article 4(b);
“the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 6(3);
“the main transitional function” has the meaning given by article 6(1);
“the Wiltshire council” means the council of the county of Wiltshire; and
“Wiltshire”, except in the definition of “the Wiltshire council” and the second mention of those words in article 3(2), means the county of Wiltshire.
3.—(1) On and after 1st April 2009 the Wiltshire council shall be the sole principal authority for Wiltshire.
(2) For the purposes of enactments relating to local government, there shall be a new district, whose area shall be co-terminous with that of Wiltshire; and the name of that new district shall be Wiltshire.
4. On 1st April 2009—
(a) the following districts shall be abolished—
(i) Kennet,
(ii) North Wiltshire,
(iii) Salisbury, and
(iv) West Wiltshire; and
(b) the following councils shall be wound up and dissolved—
(i) Kennet District Council,
(ii) North Wiltshire District Council,
(iii) Salisbury District Council, and
(iv) West Wiltshire District Council.
5. Every person who holds office as a councillor of one of the district councils immediately before 1st April 2009 shall cease to hold office on that date.
2007 c.28. See section 21(3) as to proposals made in response to pre-commencement invitations, and section 23(3). Back [1]
See section 7(4) as to authorities “affected by” a proposal for the purposes of that section. Back [2]
2000 c.22. Relevant amendments are made by Part 3 of the Local Government and Public Involvement in Health Act 2007, but see paragraph 2 of Schedule 4 to that Act for transitional provisions relevant to the Wiltshire council. Back [3]
1972 c.70. Back [4]
See section 37 of the Representation of the People Act 1983 (c.2). Back [5]
The Wiltshire (Structural Change) Order 2008