The Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996

In this Order—

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

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

• “the 1990 Act” means the Town and Country Planning Act 1990^f2;

• “existing”, in relation to an area, means that area as it exists on the date this Order is made;

• “the relevant date” means 5th May 1997;

• “relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;

• “the reorganisation date” means 1st April 1998; and

• “subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978^f3

The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of this Order and any other statutory instrument made under the Act.

A new non-metropolitan district of Malvern Hills shall be constituted and shall comprise the existing areas mentioned in Schedule 1.

A new non-metropolitan district of Herefordshire shall be constituted and shall comprise the areas of—

A new non-metropolitan county of Worcestershire shall be constituted and shall comprise the areas of—

During the period beginning with the date on which this article comes into force and ending immediately before the reorganisation date, the new county of Worcestershire shall not be a county for the purposes of—

The existing principal areas of the county of Hereford and Worcester, the city of Hereford and the districts of Leominster, Malvern Hills and South Herefordshire shall be abolished and the councils of those principal areas shall be wound up and dissolved.

A new county shall be constituted comprising the area of the new district of Herefordshire and shall be named the county of Herefordshire.

Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the new county of Herefordshire.

The new district of Malvern Hills shall be divided into 27 wards which shall bear the names set out in column (1) of Schedule 2.

The wards shall comprise the areas respectively described (by reference to wards of the existing district of Malvern Hills^f1 or, as the case may be, parishes in that district and the existing district of Leominster) in column (2) of that Schedule and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.

The new district of Herefordshire shall be divided into 44 wards which shall bear the names set out in column (1) of Schedule 3.

The wards shall comprise the areas respectively described (by reference to existing wards^f1 or, as the case may be, parishes) in column (2) of that Schedule and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.

The new county of Worcestershire shall be divided into 57 divisions which shall bear the names set out in column (1) of Schedule 4.

Those divisions shall comprise the areas respectively described (by reference to existing divisions of the county of Hereford and Worcester^f1 or, as the case may be, wards of the new district of Malvern Hills) in column (2) of that Schedule.

Elections of all councillors of the councils of the new districts of Malvern Hills and Herefordshire shall be held simultaneously on the ordinary day of election of councillors in 1997, 2000 and 2003 and every fourth year after 2003^f1; and the term of office of any councillor so elected shall be, in the case of a councillor elected in 1997 or 2000, three years and, in any other case, four years.

Elections of all councillors of the council of the new county of Worcestershire shall be held simultaneously on the ordinary day of election of councillors in 1997 and every fourth year after 1997; and the term of office of every councillor so elected shall be four years.

On the fourth day after an election held after 1997 by virtue of this article–

in the case of the new district of Malvern Hills, the returning officer appointed under section 35 of the Representation of the People Act 1983 by the council of the existing district of Malvern Hills;

in the case of the new district of Herefordshire, the returning officer so appointed by the council of the existing district of South Herefordshire; and

in the case of the new county of Worcestershire, the returning officer so appointed by the council of the existing county of Hereford and Worcester.

The ordinary election of councillors in 1997 for the council of the existing county of Hereford and Worcester shall not take place; and any councillor for that council holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.

Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect, in relation to a casual vacancy occurring in the office of councillor for any relevant electoral area, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the reorganisation date; and, for this purpose, “relevant electoral area” means a ward in the existing city of Hereford or the existing district of Leominster, Malvern Hills or South Herefordshire or an electoral division of the existing county of Hereford and Worcester.

The council of the new district of Herefordshire shall be treated as an authority to whose area Chapter I of Part II of the 1990 Act (“Chapter I”) (unitary development plans) applies, instead of Chapter II of that Part (structure and local plans).

For the purposes of paragraph (1) above, the new district of Herefordshire shall be treated as if it were the area of a local planning authority in a metropolitan county and references in Chapter I to the local planning authority shall be construed accordingly.

The 1990 Act shall have effect in relation to the new district of Herefordshire as if—

Until a unitary development plan becomes operative for the area of the new district of Herefordshire (or where parts of such a plan become operative on different dates until every part of such a plan has become operative)—

and Part I of Schedule 2 shall have effect in relation to the new district of Herefordshire as if the reference in paragraph 1(1) to the commencement of the 1990 Act were a reference to the coming into force of this article.

In this article—

• “the 1947 Act” means the Fire Services Act 1947^f1; and

• “the relevant area” means the area comprising the new county of Worcestershire and the new district of Herefordshire.

On the reorganisation date, the new district of Herefordshire shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.

For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if—

Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.

For the purposes of the Local Government Changes for England (Finance) Regulations 1994^f1 and regulation 6(8) and Part III of the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995^f2—

For the purposes of Part V of the Local Government Changes for England (Miscellaneous Provision) Regulations 1996 (miscellaneous employment matters)^f3, the designated authority in respect of an eligible person (within the meaning of that Part) formerly employed by a local authority which is wound up and dissolved by this Order shall be—

In this article, “relevant collection” means—

Any property forming part of a relevant collection and relating exclusively to the whole or any part of the area of the new district of Herefordshire, and any rights or liabilities exclusively in respect of any such property, shall vest in the council of that district.

Any property forming part of a relevant collection and relating exclusively to the whole or any part of the area of the new county of Worcestershire, and any rights or liabilities exclusively in respect of any such property, shall vest in the council of that county.

shall not be local authorities for the purposes of the 1972 Act; and

shall be shadow authorities for the purposes of the Local Government Changes for England Regulations 1994^f1;

The transferor authorities and, during the preliminary period, the transferee authorities may take such steps as appear to them to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by the transferee authorities by virtue or in consequence of this Order or any other relevant provision.

During the preliminary period—

In paragraph (2) above, the reference to the head of a council’s paid service is a reference to the officer designated as such under section 4(1) of the Local Government and Housing Act 1989^f1 and nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of sub-paragraph (b) of that paragraph.