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Prevent
the implementation of existing proposals made for the purposes
of |
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Part 1 of the Local Government
and Public Involvement in Health Act 2007; to |
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revoke the Exeter and Devon
(Structural Changes) Order 2010 and the |
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Norwich and Norfolk (Structural
Changes) Order 2010; and to make provision |
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consequential on that revocation. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Prevention
of implementation of certain proposals for single tier of local
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(1) |
After the commencement of
this Act, no further relevant order may be made |
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under section 7 of the 2007
Act (power to implement proposals for a single tier |
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of local government for an
area). |
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a “relevant order”
means an order implementing (with or without |
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modifications) a proposal
received by the Secretary of State before the |
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commencement of this Act; |
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“the 2007 Act”
means the Local Government and Public Involvement in |
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(3) |
The following orders (which
implement proposals for single tiers of local |
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government with effect from
1 April 2011) are revoked— |
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the Exeter and Devon (Structural
Changes) Order 2010 (S.I. 2010/998); |
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the Norwich and Norfolk
(Structural Changes) Order 2010 (S.I. 2010/997). |
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2 |
Consequential
electoral provision |
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(1) |
This section applies where— |
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(a) |
a councillor’s term
of office was extended by article 11 of an order |
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revoked by section 1;
and |
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(b) |
immediately before the commencement
of this Act the councillor |
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remains in office under that
article. |
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(2) |
This
section also applies where— |
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(a) |
a councillor (“the
original councillor”) whose term of office was |
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extended by article 11 of
an order revoked by section 1
has vacated |
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office before the commencement
of this Act; but |
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(b) |
immediately before the commencement
of this Act, a councillor (“the |
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replacement councillor”)
elected to fill a casual vacancy in the original |
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councillor’s office
is holding office under that article. |
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(3) |
In this section “the
relevant councillor” means— |
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(a) |
where subsection (1) applies,
the councillor mentioned in that |
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(b) |
where subsection (2) applies,
the replacement councillor. |
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(4) |
The relevant councillor
shall retire on the fourth day after the ordinary day of |
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election of councillors in
2011, and the relevant councillor’s term of office shall
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(5) |
The term of office of a
newly-elected councillor coming into office on the |
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retirement of a councillor
under subsection (4) shall be three years, but this is |
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subject to subsection (6). |
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(6) |
If that newly-elected councillor
is one of two or more councillors elected at the |
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same time for the same ward,
the term of office of one of those councillors shall |
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be three years, but that
one shall be— |
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(a) |
the one elected by the smallest
number of votes; or |
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(b) |
in the case of an equality
of votes or if the election is not contested, |
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(7) |
Where under subsection (6)
a question is to be determined by lot— |
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(a) |
in the case of a contested
election, the lot shall be drawn by the |
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returning officer immediately
after the question has arisen; |
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(b) |
in any other case, the lot
shall be drawn at the next meeting of the |
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council after the question
has arisen, and the drawing shall be |
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conducted under the direction
of the person presiding at the meeting. |
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(8) |
The following have effect
subject to the provisions of this section— |
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articles 8 and 9(6) of
the City of Norwich (Electoral Arrangements) Order |
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article 3(1) and (9) of
the City of Exeter (Electoral Changes) Order 1999 |
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so far as relating to the
Cities of Exeter and Norwich, section 7(9)(c) of the |
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Local Government Act 1972. |
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(9) |
In a case where subsection
(6) applies and section 89(5) of the Local |
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Government Act 1972 also
applies— |
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(a) |
subsection (6)(a) has effect
subject to section 89(5)(a); and |
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(b) |
subsection (6)(b) has effect
subject to section 89(5)(a) and (b). |
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3 |
Extent,
commencement and short title |
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(1) |
This Act extends to England
and Wales only. |
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(2) |
This Act comes into force
on the day on which it is passed. |
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(3) |
This Act may be cited as
the Local Government Act 2010. |
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