Regulation 1 Citation, commencement, application and effectI1

England and Wales

(1)

These Regulations may be cited as the Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008 and shall come into force on 8th September 2008.

(2)

These Regulations, which are of general application—

(a)

have effect subject to any provision for the transfer of functions, property, rights or liabilities included in—

(i)

other regulations under Chapter 1 of Part 1 of the Local Government and Public Involvement in Health Act 2007 ^f1 (structural and boundary change),

(ii)

an order under section 20 of that Act (correction of orders),

(iii)

an order under section 86 of that Act (reorganisation of community governance)^f2,

(iv)

regulations under section 97 of that Act (supplementary regulations),

(v)

an order under Part 2 of the Local Government and Rating Act 1997^f3 (parishes and parish councils), F1...

(vi)

regulations under section 7 of the Superannuation Act 1972^f4(superannuation of persons employed in local government service, etc.); F2or

F3(vii)

regulations under section 3 of the Public Service Pensions Act 2013 (scheme regulations); and

(b)

do not affect any transfer of property, rights or liabilities for which provision is contained in an agreement under section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters).

Annotations

Textual amendments

F1: Word in reg. 1(2)(a)(v) omitted (5.9.2018) by virtue of The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 4(2)(a)
F2: Word in reg. 1(2)(a)(vi) substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 4(2)(b)
F3: Reg. 1(2)(a)(vii) inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 4(2)(c)

Commencement

I1: Reg. 1 in force at 8.9.2008, see reg. 1(1)

Footnotes

f1: See also section 14(3), which provides that regulations under section 14 have effect subject to any provision included in an order under section 7 or 10.
f2: See also section 98(3) and (4) and the definition of “reorganisation order” in section 102(2).
f3: 1997 c.29. Part 2 is repealed, with savings; see S.I. 2008/337.
f4: 1972 c.11. There are amendments of which none is relevant to these Regulations.