Statutory Instruments
2019 No. 332
Local Government, England
The Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019
Made
21st February 2019
Coming into force in accordance with regulation 1
The Secretary of State, in exercise of the powers conferred by section 15(1), (3) and (9) of the Cities and Local Government Devolution Act 2016( 1 ) (“the 2016 Act”), makes the following Regulations.
In accordance with section 15(5)( 2 ) of the 2016 Act, Buckinghamshire County Council, being a relevant local authority to whom the Regulations apply, has consented to the making of these Regulations.
A draft of these Regulations was laid before and approved by a resolution of each House of Parliament in accordance with section 15(11) of the 2016 Act.
In accordance with section 15(12) of the 2016 Act the Secretary of State has laid before Parliament a report explaining the effect of these Regulations and why he considers it appropriate to make the Regulations( 3 ).
Citation and commencement
1. These Regulations may be cited as the Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019 and come into force on the day after that on which they are made.
Interpretation
2. In these Regulations—
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007( 4 );
“the relevant authorities” means Aylesbury Vale District Council, Buckinghamshire County Council, Chiltern District Council, South Bucks District Council and Wycombe District Council.
Application of Part 1 of the 2007 Act
3. Chapter 1 of Part 1 (structural and boundary change) of the 2007 Act applies in relation to the relevant authorities as if—
(a) in subsection (1) of section 2 (invitations and directions for proposals for single tier of local government), after “any principal authority to make”, there were inserted “, or any principal authority may make on its own initiative,”;
(b) in section 3 (invitations, directions and proposals: supplementary)—
(i) in subsection (5), after “a direction under that section,”, there were inserted “or in determining whether to make a proposal on its own initiative under that section,”; and
(ii) after subsection (6) there were inserted—
“ (6A) An authority making a proposal under section 2 on its own initiative may make its own proposal or make a proposal jointly with any other authority. ” ;
(c) in section 7 (implementation of proposals by order)—
(i) in subsection (1) after “in response to an invitation or direction”, there were inserted “or on an authority’s own initiative”; and
(ii) in subsection (3) after “implementing a proposal”, there were inserted “received in response to an invitation or direction”.
Pre-commencement proposals
4. A proposal made by any of the relevant authorities before the date that these Regulations come into force that otherwise complies with section 2 of the 2007 Act (as modified by these Regulations) shall be treated as a proposal made under that section.
Expiry of Regulations
5. These Regulations expire at the end of March 2021 (but without affecting any Order made under Part 1 of the 2007 Act as it has been applied under these Regulations).
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Bourne of Aberystwyth
Parliamentary Under Secretary of State
Ministry of Housing, Communities and Local Government
21st February 2019
2016 c.1 .
Section 15(5) provides that regulations may be made under section 15 if at least one relevant local authority in a non-unitary district council area consents. “Relevant local authority” is defined by sections 15(6) and (7). Under section 15(8) subsections (5) to (7) expire at the end of 31st March 2019.
Section 15(13) provides that the report laid in accordance with section 15(12) must include a description of any consultation taken into account by the Secretary of State, information about any representations considered by the Secretary of State in connection with the regulations and any other evidence or contextual information which it is considered appropriate to include.
2007 c. 28 . Relevant amendments were made to section 7 by the Local Democracy, Economic Development and Construction Act 2009 (c. 20) .