PART 1 GENERAL

Citation and commencement

1. This Order may be cited as the Northumberland (Structural Change) Order 2008 and shall come into force on the day after that on which it is made.

Interpretation

2. In this Order—

“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;

“the 2000 Act” means the Local Government Act 2000 as it has effect in relation to the Northumberland council( 3 );

“the 1972 Act” means the Local Government Act 1972( 4 );

“article 7 functions” means the functions referred to in article 7;

“Northumberland”, except in the definition of “the Northumberland council” and the second mention of those words in article 3(2), means the county of Northumberland;

“the 2008 election” means the election required by article 13(1) to be held in 2008;

“the 2008 election day” means the ordinary day of election of councillors( 5 ) in 2008;

“the district councils” means the councils specified in article 4(b);

“the first transitional period” means the period beginning on the date on which this Order comes into force and ending on the fourth day after the 2008 election day;

“the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 6(3);

“the main transitional function” has the meaning given by article 6(1);

“the Northumberland council” means the council of the county of Northumberland; and

“the second transitional period” means the period beginning on the fourth day after the 2008 election day and ending on 1st April 2009.

PART 2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN NORTHUMBERLAND

Single tier local government in Northumberland

3. —(1) On and after 1st April 2009 the Northumberland council shall be the sole principal authority for Northumberland.

(2) For the purposes of enactments relating to local government, there shall be a new district, whose area shall be co-terminous with that of Northumberland; and the name of that new district shall be Northumberland.

Abolition of districts and winding up and dissolution of district councils

4. On 1st April 2009—

(a) the following local government areas shall be abolished—

(i) the borough of Berwick-upon-Tweed,

(ii) the borough of Blyth Valley,

(iii) the borough of Castle Morpeth,

(iv) the district of Alnwick,

(v) the district of Tynedale, and

(vi) the district of Wansbeck; and

(b) the following councils shall be wound up and dissolved—

(i) Berwick-upon-Tweed Borough Council,

(ii) Blyth Valley Borough Council,

(iii) Castle Morpeth Borough Council,

(iv) Alnwick District Council,

(v) Tynedale District Council, and

(vi) Wansbeck District Council.

Cessation of term of office of district councillors

5. Every person who holds office as a councillor of one of the district councils immediately before 1st April 2009 shall cease to hold office on that date.

PART 3 TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE

Main transitional function and Implementation Executive

6. —(1) On the coming into force of this Order there shall be added to the functions of the Northumberland council the function, which is to be exercisable only during the first and second transitional periods, of preparing for and facilitating the economic, effective, efficient and timely transfer of the district councils’ functions, property, rights and liabilities (“the main transitional function”).

(2) Throughout the first transitional period, section 15 of the 2000 Act (discharge of functions: leader and cabinet executive) shall have effect in relation to the Northumberland council and—

(a) the main transitional function, and

(b) the other transitional functions referred to in article 7 (“the article 7 functions”),

as if, in subsection (1), after the words “19 or 20,” there were inserted “or under the Northumberland (Structural Change) Order 2008,”.

(3) The Northumberland council’s executive arrangements shall provide for the discharge of the main transitional function and the article 7 functions to be the responsibility, throughout the first transitional period, of a committee of the council’s executive, to be known as the Implementation Executive.

(4) Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply throughout the first transitional period to, or in relation to, the Implementation Executive subject only to paragraphs (5) and (7) to (9) of this article and article 8(2) to (4); and for this purpose “statutory provisions” includes —

(a) any enactment contained in an Act passed after the making of this Order; and

(b) any instrument made at any time under an enactment (including an enactment contained in an Act passed after the 2007 Act).

(5) The Implementation Executive shall consist of—

(a) the person who is for the time being the leader of the Northumberland council’s executive;

(b) the two persons who are for the time being the leaders of the Conservative and Independent Group and the Liberal Democrat Group on the Northumberland council;

(c) one person nominated by the Northumberland council who, for the time being, represents the Labour Group on that council;

(d) seven other persons nominated by the Northumberland council who, for the time being, are both members of that council and cabinet members of its executive; and

(e) the six persons who, for the time being, are the leaders of the district councils.

(6) It shall be the duty of the Northumberland council and each of the district councils to co-operate in the establishment of the Implementation Executive.

(7) The leader of the Implementation Executive shall be the person who is for the time being the leader of the Northumberland council’s executive; and that person shall preside at all meetings of the Implementation Executive at which he is present.

(8) The Implementation Executive shall regulate its own proceedings, but a question to be decided by the Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Executive) having one vote.

(9) In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Executive) shall have a casting vote, in addition to any other vote the person may have.

Other transitional functions

7. —(1) The other transitional functions referred to in article 6(2)(b), which are to be exercisable only during the first and second transitional periods, are—

(a) such executive and non-executive functions of the Northumberland council as exist on the date on which this Order is made; and

(b) such other functions (including functions exercisable by all or any of the district councils, and functions conferred on or after that date on local authorities generally or on particular classes of local authority),

as, by any of the means mentioned in paragraph (2), the Secretary of State may specify.

(2) The means referred to in paragraph (1) are—

(a) this Order,

(b) a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend)( 6 ),

(c) an order under section 20 of the 2007 Act (correction of orders), and

(d) regulations under section 14 of the 2007 Act (regulations for supplementing orders).

Discharge of functions by Implementation Executive

8. —(1) The discharge of the main transitional function and the article 7 functions shall be a responsibility, throughout the first transitional period, of the Implementation Executive, and shall not, during that period, be a responsibility of the executive of the Northumberland council.

(2) Section 15(7) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an officer of the authority) shall have effect during the first transitional period in relation to the Implementation Executive as if—

(a) references to functions included references to responsibilities, and

(b) the reference to an officer of the authority included a reference to—

(i) a sub-committee of the Implementation Executive, and

(ii) an officer of any of the district councils.

(3) Section 15(9) of the 2000 Act (which enables a person who has made arrangements for the discharge by another person of any function of his, to discharge that function himself) shall have effect during the first transitional period in relation to arrangements made under subsection (7) of that section (as modified by paragraph (2) above) as if —

(a) references to functions included references to responsibilities, and

(b) the reference to an officer of the authority included a reference to—

(i) a sub-committee of the Implementation Executive, and

(ii) an officer of any of the district councils.

(4) Section 21 of the 2000 Act (overview and scrutiny committees) shall not apply during the first transitional period in relation to any matter that is—

(a) a responsibility of the Implementation Executive by virtue of paragraph (1), or

(b) the responsibility of that Executive under arrangements made by the Northumberland council under the 2000 Act.

(5) Section 13 of the 2000 Act (functions which are the responsibility of an executive) shall have effect as if, at the end of subsection (10)(c), there were added “or as mentioned in article 8(6) of the Northumberland (Structural Change) Order 2008”.

(6) At any time during the first transitional period, the Northumberland council and the district councils may discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of—

(a) reviewing or scrutinising decisions made, or other action taken, by the Implementation Executive in connection with any matter of a description mentioned in paragraph (4); or

(b) preparing reports for, or making recommendations to, the Implementation Executive in connection with any function or responsibility of that Executive.

(7) Where such arrangements as are mentioned in paragraph (6) are made, the joint committee shall, not later than the end of the first transitional period, inform the Northumberland council and the district councils of—

(a) the matters that it has considered, and

(b) the conclusions (if any) that it has reached concerning those matters.

Implementation Plan and further provisions relevant to discharge of functions by Implementation Executive

9. —(1) During the first transitional period, the Implementation Executive shall prepare, keep under review, and revise as necessary, an Implementation Plan which shall include—

(a) such plans and timetables as the Implementation Executive considers necessary to secure the effective, efficient and timely discharge of the main transitional function and the article 7 functions; and

(b) such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of the Northumberland council’s functions on or after 1st April 2009.

(2) For the purposes of —

(a) preparing, reviewing and revising the Implementation Plan,

(b) discharging the main transitional function and the article 7 functions, and

(c) discharging such other functions as may be conferred on it,

the Implementation Executive shall have regard to the information supplied by the Northumberland council to the Secretary of State in support of its proposal for single tier local government in Northumberland and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006( 7 ).

(3) The Implementation Executive may, by written notice to—

(a) the proper officer of the Northumberland council, or

(b) the proper officer of any of the district councils,

require the council referred to in the notice to take such action relevant to the main transitional function or any of the article 7 functions as may be specified in the notice.

(4) In paragraph (3), “the proper officer”, means the officer appointed by the Northumberland council or the district council concerned (as the case may be) for the purpose of receiving such notices.

Implementation Team

10. —(1) Not later than 21 days after the coming into force of this Order the Implementation Executive shall form a team of officers (“the Implementation Team”) for the purposes of—

(a) during the first transitional period, assisting the Implementation Executive in the discharge of the main transitional function and the article 7 functions; and

(b) during the second transitional period, assisting the executive of the Northumberland council in the discharge of those functions.

(2) The members of the Implementation Team shall include officers from both the Northumberland council and each of the district councils.

(3) The leader of the Implementation Team shall be an officer of the Northumberland council.

(4) It shall be the duty of the Northumberland council and each of the district councils to co-operate in the formation of the Implementation Team and to release the officers concerned from their normal duties at such times or for such periods as the Implementation Executive or the executive of the Northumberland council may reasonably require.

Dissolution of Implementation Executive, etc and further provisions relevant to transition

11. —(1) The Implementation Executive, any sub-committee of that Executive and any joint committee established as mentioned in article 8(6) shall be dissolved on the fourth day after the 2008 election day.

(2) The discharge of the main transitional function and the article 7 functions in the second transitional period shall be an executive function of the Northumberland council (falling to be discharged by that council’s executive in accordance with executive arrangements under the 2000 Act).

(3) Section 15(7) of the 2000 Act shall have effect in relation to the discharge of that executive function as if the reference to an officer of the authority included a reference to an officer of any of the district councils.

(4) Article 9 shall have effect in relation to the second transitional period as if—

(a) the reference to the first transitional period were a reference to the second transitional period;

(b) references to the Implementation Executive were references to the Northumberland council’s executive; and

(c) paragraph (3)(a) were omitted.

PART 4 DUTIES OF THE NORTHUMBERLAND COUNCIL AND THE DISTRICT COUNCILS RELEVANT TO TRANSITION

General transitional duties of the Northumberland council and the district councils

12. —(1) It shall be the duty of the Northumberland council and the district councils—

(a) to take, whether alone or in any combination, such steps as may be necessary to prepare for the transfer of the functions, property, rights and liabilities of the district councils;

(b) to consult and co-operate with each other in order to secure the economic, effective, efficient and timely transfer of those functions, property, rights and liabilities; and

(c) generally, to exercise their functions so as to further the purposes of this Order.

(2) Without prejudice to the generality of paragraph (1), the Northumberland council and each of the district councils shall provide such information relating to its functions as any other of those councils may reasonably request for the purpose of giving effect to this Order.

(3) Any person authorised in that behalf by the council making the request shall be entitled, at all reasonable times, on producing evidence of his authority (if so required by the council from which the information is sought)—

(a) to inspect any record belonging to or under the control of the council providing the information and relating to that council or its functions; and

(b) to take, or be supplied with, a copy of any such record or part of it.

(4) The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.

PART 5 ELECTORAL MATTERS

Northumberland council election in 2008

13. —(1) A whole council election of councillors of the Northumberland council shall be held on the 2008 election day, on the ordinary day of election of councillors( 8 ) in 2013, and every fourth year thereafter.

(2) The term of office of councillors elected to the Northumberland council in 2005 or at any by-election held after the ordinary day of election of councillors in 2005 and before the 2008 election day shall end on the fourth day after the 2008 election day.

(3) Notwithstanding section 7(1) of the 1972 Act, the term of office of councillors elected to the Northumberland council on the 2008 election day shall be five years, and they shall retire on the fourth day after the ordinary day of election of councillors in 2013.

(4) The person who is for the time being the returning officer for Northumberland( 9 ) shall take such steps as are necessary or appropriate to prepare for the 2008 election and shall, in particular, ensure that all necessary alterations are made in the electoral register.

Cancellation of parish council elections, etc

14. —(1) Notwithstanding section 16(3) of the 1972 Act (election of parish councillors)—

(a) elections shall not be held in 2011 for the return of councillors to the council of any parish in Northumberland; and

(b) the term of office of parish councillors elected in 2007 or at any subsequent by-election held before the ordinary day of election of councillors in 2013 shall end on the fourth day after the ordinary day of election of councillors in 2013( 10 ).

(2) Elections of parish councillors for those parishes in which, but for paragraph (1), elections would have been held in 2011 shall be held on the ordinary day of election of councillors in 2013

and every fourth year thereafter.