OpenLegislation

Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In these Regulations, except where the context otherwise requires, any reference to “the order” is a reference to any order in relation to which these regulations are applicable.

(2)

In these regulations, any reference to—

(a)

“the preliminary date” is a reference to the earliest date on which any action is required to be taken in pursuance of the order;

(b)

“the electoral date” is a reference to the date on which the first elections of councillors for a local government area are held pursuant to the order;

(c)

“the establishment date” is a reference to the date on which the councillors elected on the electoral date come into office;

(d)

“the reorganisation date” is the date on which a structural change or a boundary change comes into effect; and

(e)

“the shadow commencement date” is a reference to the date on which a shadow authority comes into existence.

(3)

In these Regulations, unless the context otherwise requires:

  • “abolished authority” means a local authority which is wound up and dissolved on the reorganisation date;

  • “newly-established authority” means an authority (not being a shadow authority) established by the order;

  • “parish authority” means, in the case of a parish having a separate parish council, that council, in the case of a parish grouped under a joint parish council, the joint parish council, and in any other case, the parish meeting or the parish trustees of the parish, as may be appropriate;

  • “shadow authority” means an authority (not being a local authority) which will become a local authority on the reorganisation date;

  • “transferred area” means each area of land (being the whole or part of a local government area) in respect of which the order effects a boundary change or a structural change (or both such changes) transferring local government functions to an authority specified in the order;

  • “transferee authority” means that specified authority;

  • “transferor authority” means the local authority from which such functions are transferred; and

  • “unitary authority” means any authority which is the sole principal council for its local government area.

(4)

In these Regulations—

  • “abolished area” means a local government area abolished by the order;

  • “the Act” means the Local Government Act 1992;

  • “the 1972 Act” means the Local Government Act 1972f1;

  • “altered area” means a local government area which is altered or to be altered (but not abolished or created) by the order and which is not the subject of a structural change;

  • “district” includes a borough and a metropolitan district;

  • “enactment” includes a local and personal Act and a private Act, any subordinate legislation as defined in section 21 of the Interpretation Act 1978f2, and any scheme made pursuant to any enactment;

  • “county functions” means the functions which, in a non-metropolitan county not having a unitary authority, are the functions of the county council, “district functions” means the functions which, in a non-metropolitan district not having a unitary authority, are the functions of the district council, and “parish functions” means the functions vested in and exercisable by a parish authority;

  • “shadow period” means, where a shadow authority is created, the period between the shadow commencement date and the reorganisation date, and in all other cases the period between the preliminary date and the reorganisation date; and

  • “unparished area” means an area of land not forming part of any parish.

Annotations

Footnotes

f1

1972 c. 70, as amended.

f2

1978 c. 30.