Regulation 2 InterpretationI1
England and Wales
In these Regulations—
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“the Act” means the Local Government and Public Involvement in Health Act 2007;
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“agreement”, except in regulations 14, 15 and 17(1)(b), means an agreement under section 16 of the Act;
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“caretaker council” has the meaning given by regulation 13(1);
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“default award”, means the arbitrator’s award in the arbitration of a disputed matter under section 16(3) of the Act (agreements about incidental matters)f1;
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“nominated council” has the meaning given by regulation 10(1);
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“preparing council” means a local authority which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date;
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“predecessor council”, in relation to a section 7 order, means a county or district council for whose winding up and dissolution the order provides;
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“relevant instrument” means a statutory instrument made under the Act or, in connection with the Act or such an instrument, under any other Act, and includes these Regulations;
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“the reorganisation date”, in relation to a predecessor council and a section 7 order, means the date specified in the order as that on which the council is to be wound up and dissolved;
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“section 7 order” means an order under section 7 of the Act (implementation of proposals by order);
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“single tier council” means the county or district council which, on the reorganisation date, becomes the principal authority for an area for which there is a single tier of local governmentf2; and
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“successor council”—
- (a)
in relation to a predecessor council whose entire area becomes part of the area of a sole single tier council on the reorganisation date, means that council;
- (b)
in relation to a predecessor council whose area becomes the area of more than one single tier council on the reorganisation date, means those councils,
but this is subject to paragraph (2).
- (a)
Where, as regards any period—
during which a provision of these Regulations requires or authorises steps to be taken by a successor council,
the definition of “successor council” shall have effect as if, for “that council” and “those councils”, there were substituted—
as regards a shadow period, “the shadow authority”;
as regards part of a transitional period before the reorganisation date, “the preparing council”.
Any reference in these Regulations to rights or liabilities of a predecessor council includes a reference to rights or liabilities acquired or incurred by any predecessor in title of that council.
Annotations
Commencement
- I1
Reg. 2 in force at 8.9.2008, see reg. 1(1)
Footnotes
- f1
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As to “disputed matter”, see section 16(5) of the Local Government and Public Involvement in Health Act 2007.
- f2
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As to “a single tier of local government”, see section 1(2) of the Local Government and Public Involvement in Health Act 2007.
- f3
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See, for example, the definition in article 2 of S.I. 2008/634 and article 14 of S.I. 2008/907.
- f4
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See, for example, article 6(1) of S.I. 2008/490 and 2008/491.