Statutory Instruments
Local Government, England
Made
25th February 2008
Coming into force in accordance with article 1
ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN COUNTY DURHAM
DUTIES OF COUNTY DURHAM COUNCIL AND 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 County Durham.
That proposal was made by Durham 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.
In accordance with section 240(6) of the Local Government and Public Involvement in Health Act 2007, a draft of this Order was laid before, and approved by, both Houses of Parliament.
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 County Durham (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 County Durham council(3);
“the 1972 Act” means the Local Government Act 1972(4);
“article 7 functions” means the functions referred to in article 7;
“County Durham”, except in the definition of “the County Durham council” and the second mention of those words in article 3(2), means the county of County Durham;
“the 2008 election” means the election required by article 13(1) to be held in 2008;
“the 2008 election day” means the ordinary day of election of councillors(5) in 2008;
“the County Durham council” means the council of the county of County Durham;
“the district councils” means the councils specified in article 4(b);
“the first transitional period” means the period beginning on the date on which this Order comes into force and ending on the fourth day after the 2008 election day;
“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); and
“the second transitional period” means the period beginning on the fourth day after the 2008 election day and ending on 1st April 2009.
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 County Durham council. Back [3]
1972 c.70. Back [4]
See section 37 of the Representation of the People Act 1983 (c.2). Back [5]