Regulation 14 Amendment of the Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008

The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008^f1 are amended in accordance with paragraphs (2) and (3).

In regulation 10A (community right to challenge) for paragraph (3) substitute—

“(3)

Where a resolution is made under paragraph (2)—

(a)

except for the references in sections 81(1)(a), 82 and 84(6), Chapter 2 of Part 5 of the 2011 Act has effect as if the references to relevant authority were references to the single tier council;

(b)

sections 81(1)(a) and 82(1), (2) and (3) of the 2011 Act have effect as if the references to relevant authority were references to the predecessor council;

(c)

section 82(4) of the 2011 Act has effect as if the reference to the relevant authority—

(i)

before the reorganisation date were reference to the predecessor council; and

(ii)

after the reorganisation date were reference to the single tier council; and

(d)

section 84 of the 2011 Act has effect as if—

(i)

in subsection (3)(a) the reference to the date on which the relevant authority receives an expression of interest were reference to the reorganisation date;

(ii)

in subsection (6)—

(aa)

the reference to a relevant authority receiving an expression of interest were reference to the predecessor council receiving such an expression of interest; and

(bb)

the reference to a relevant authority notifying the relevant body in writing were reference to the single tier council so notifying the relevant body; and

(iii)

in subsection (7) each time it occurs reference to the period of 30 days were reference to the period of 30 days beginning with the reorganisation date.”.

For regulation 11 (preparation of new agreements and assessments) substitute—

“Preparation of new assessments and strategies

11.

(1)

This regulation applies for the purposes of—

(a)

the preparation and publication of an assessment of relevant needs; and

(b)

the preparation and publication of a joint health and wellbeing strategy^f2,

for the area of a single tier council.

(2)

Part 5 of the 2007 Act has effect during the transitional period—

(a)

in relation to a preparing council which is a district council and to a shadow council, as if that preparing or shadow council, as the case may be, were a responsible local authority under sections 103 and 117 of that Act; and

(b)

in relation to a predecessor council which is a county council, as if that council were a partner authority under sections 104 and 117 of that Act, and not a responsible local authority under sections 103 and 117.

(3)

Where the predecessor council is a county council, its successor council and each partner clinical commissioning group within the meaning of section 116 of the 2007 Act must consult with the predecessor council when preparing an assessment of relevant needs under that section.”.