PART 1 GENERAL

Citation and commencement and application

1.—(1) These Regulations may be cited as the Local Government (Parishes and Parish Councils) (England) Regulations 2008 and shall come into force on 8th April 2008.

(2) These Regulations apply in relation to England.

Interpretation

2.  In these Regulations—

“the Act” means the Local Government and Public Involvement in Health Act 2007;

“the 1992 Act” means the Local Government Act 1992(2);

“the 1972 Act” means the Local Government Act 1972(3);

“abolished authority” means a parish council which is wound up and dissolved by a reorganisation order(4);

“enactment” includes a local and personal Act, a private Act and any subordinate legislation within the meaning of the Interpretation Act 1978(5);

“existing”, in relation to an area affected by a reorganisation order, means the area as it exists on the date the order is made;

“order date” means the date (being 1st April in any year) which is specified as such in the reorganisation order;

“proper officer”, in relation to any purpose and any body, means the person appointed for that purpose by that body;

“transferor authority” means a parish council which, in consequence of a reorganisation order, ceases to exercise functions in relation to an area (“transferred area”) on the order date; and

“transferee authority” means—

Application of Regulations

3.  These Regulations (which make incidental, consequential, transitional and supplementary provision for the purposes and in consequence of reorganisation orders) apply in relation to every reorganisation order.

Matters not affected

4.  Nothing in these Regulations shall affect—

(a) the status of any city;

(b) the status of any person who is an honorary freeman of any parish having the status of a city or entitled to be called or styled a royal town;

(c) any person’s status, or the right of any person to be admitted, as a freeman of any place;

(d) any right—

(i) of burial; or

(ii) to construct a grave or vault; or

(iii) to place maintain or inscribe a tombstone or memorial.

Continuity of matters

5.—(1) Any thing which, at the order date, is in the process of being done by or in relation to a transferor authority in the exercise of, or in connection with, any of its functions in relation to a transferred area may be continued by or in relation to the transferee authority.

(2) Any thing done before the order date by or in relation to a transferor authority in the exercise of, or in connection with, any of its functions in relation to a transferred area shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the transferee authority.

(3) References in paragraphs (1) and (2) to things done by or in relation to a transferor authority include references to things which, by virtue of any enactment, are treated as having been done by or in relation to that authority.

(4) So far as is required for giving effect to paragraphs (1) and (2), any reference in any document to a transferor authority shall be construed as a reference to the transferee authority.

Maps

6.—(1) A print of any map referred to in a reorganisation order shall be deposited in—

(a) the office of the Secretary of State;

(b) the principal office of the principal council in whose area a parish affected by the order is situated.

(2) The prints deposited in accordance with paragraph (1) shall be available for inspection by any person at any reasonable time.

(3) Prints of any such map shall also be supplied to—

(a) Ordnance Survey;

(b) the Registrar General;

(c) the Land Registry;

(d) the Valuation Office Agency;

(e) the Boundary Commission for England; and

(f) the Electoral Commission.