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Statutory Instrument 1995 No. 3105

The Local Government (Changes for the Registration Service in Avon, Cleveland, Humberside and North Yorkshire) Order 1995

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1995 No. 3105

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Changes for the Registration Service in Avon, Cleveland, Humberside and North Yorkshire) Order 1995

Made30th November 1995
Laid before Parliament1st December 1995
Coming into force22nd December 1995

    The Secretary of State for Health, in exercise of the powers conferred by sections 17(1) and (4) and 26(5)(b) of the Local Government Act 1992[1] and of all other powers enabling him in that behalf, hereby makes the following Order—
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the Local Government (Changes for the Registration Service in Avon, Cleveland, Humberside and North Yorkshire) Order 1995 and shall come into force on 22nd December 1995.

        (2)  In this Order, unless the context otherwise requires—
      "the 1949 Act" means the Marriage Act 1949[2];

      "the 1953 Act" means the Registration Service Act 1953[3];

      "the 1992 Act" means the Local Government Act 1992;

      "approved registration scheme" means a scheme submitted to the Secretary of State in accordance with article 2 of this Order and approved by the Secretary of State[4] under section 14 of the 1953 Act[5];

      "district" means a registration district for the purposes of section 5 of the 1953 Act[6];

      "new authority" means the authorities to which the functions of an old authority are transferred by an order made under section 17 of the 1992 Act, being: North West Somerset District Council, Bath and North East Somerset District Council, South Gloucestershire District Council and the City of Bristol District Council[7]; Hartlepool Borough Council, Middlesbrough Borough Council, Stockton Borough Council and Redcar and Cleveland Borough Council[8]; East Riding of Yorkshire District Council, the City of Kingston upon Hull District Council, North Lincolnshire District Council and North East Lincolnshire District Council[9]; and York District Council[10].

      "old authority" means Avon County Council, Cleveland County Council, Humberside County Council and North Yorkshire County Council, being local authorities from which functions are transferred to a new authority by an order made under section 17 of the 1992 Act[11];

      "registration officer" means any superintendent registrar or registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act and "office" shall be construed accordingly; and

      "sub-district" means a registration sub-district for the purposes of section 5 of the 1953 Act.

    Local Registration Service
        2.—(1)  Each new authority shall not later than 15th January 1996 submit to the Secretary of State a scheme for the purposes of section 13 of the 1953 Act, and section 13(2) and (3) (provision to be made by local scheme) and section 14(4) (approval of schemes by the Secretary of State) of the 1953 Act shall apply to any scheme so submitted.

        (2)  If a new authority fails to submit a scheme in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, submit to the Secretary of State a scheme for the purposes of section 13 of the 1953 Act and any scheme so prepared by him, if approved by the Secretary of State, shall have effect as if it were a scheme submitted by the new authority and approved by the Secretary of State.

        (3)  Subject to any further scheme made by a new authority and approved by the Secretary of State under section 14 of the 1953 Act, the approved registration scheme shall have effect for the organisation of the registration service in the area of the authority to which it relates from 1st April 1996.
    Transfer of Registration Officers
        3.—(1)  This article applies to any registration officer—
       (a) who immediately before 1st April 1996 holds office in or for a district or sub-district in the area of an old authority under an appointment made by that authority;
       (b) who would have continued to hold that office after 1st April 1996 but for the abolition of that authority or the transfer of local government functions from that authority to a new authority; and
       (c) whose name is mentioned in column (1) of the Schedule to this Order.

        (2)  Every registration officer to whom this article applies shall, on 1st April 1996—
       (a) be transferred from the old authority mentioned in column (2) of the Schedule to this Order opposite his name to the new authority mentioned in column (3) of that Schedule opposite his name; and
       (b) if an office is allocated to him in accordance with article 4 of this Order, become the holder of that office as if he had been appointed to it by the new authority.

        (3)  Any provision in this Order for the transfer of a person not engaged whole-time as a registration officer shall apply only to his office as a registration officer.
    Allocation of Staff
        4.—(1)  Each new authority shall not later than 15th February 1996 submit to the Registrar General proposals for allocating to the posts described in the approved registration scheme for the area of the authority the registration officers who may, pursuant to paragraph (2) of article 3 of this Order, be transferred to the new authority on 1st April 1996.

        (2)  Not later than the day on which proposals under paragraph (1) of this article are submitted to the Registrar General, the new authority shall send a copy of the proposals to every registration officer affected by them and the Registrar General, after considering any representations with respect to the proposals made by any such officer within a period of fourteen days after the submission of the proposals, may approve the proposals with or without modifications.

        (3)  The new authority shall allocate the officers who are transferred to the new authority pursuant to paragraph (2) of article 3 of this Order to the posts described in the approved registration scheme for the area of the authority in accordance with the proposals approved by the Registrar General under paragraph (2) of this article.

        (4)  If any new authority fails to submit proposals in accordance with paragraph (1) of this article, the Registrar General may determine the allocation of officers to the posts described in the approved registration scheme for the area of the authority and any allocation so determined shall have effect as if it had been proposed by the new authority and approved by the Registrar General.
    Registration Officers to be Treated as Employees for Certain Purposes
        5.    For the purposes of any order made under section 23 of the 1992 Act (staff commissions)[12] and regulations 3 (continuity of employment), 4 (transfers of staff) and 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 1995[13] any registration officer shall, as respects his office, be treated as employed by the old authority by which he was appointed and, on and after 1st April 1996, as an officer in the employment of the new authority to which he is transferred in accordance with article 3(2) of this Order, and any reference in such order or in those regulations—
       (a) to "employed", "employment", "employee"[14] or "employer" shall be construed accordingly; and
       (b) to a "contract of employment" shall be construed as a reference to the terms and conditions of the registration officer's appointment.


Signed by authority of the Secretary of State for Health

R. R. Horam

Parliamentary Under Secretary of State Department of Health

30th November 1995




Notes:

[1] 1992 c. 19.

[2] 1949 c. 76.

[3] 1953 c. 37.

[4] Section 14 requires the approval of "the Minister" which, by virtue of section 21(1) of the 1953 Act means the Minister of Health. The functions of the Minister of Health were transferred to the Secretary of State by virtue of the Secretary of State for Social Services Order 1968 (S.I. 1968/1699).

[5] Section 14 was amended by section 251 of and paragraph 41(2) of Schedule 29 to the Local Government Act 1972 (1972 c. 70).

[6] Section 5 was amended by section 251 of and paragraph 41(1) of Schedule 29 to the Local Government Act 1972.

[7] By article 11 of The Avon (Structural Change) Order 1995 (S.I. 1995/493) the functions of Avon County Council in relations to each Avon district (as defined in that Order) are transferred to these authorities.

[8] By article 3(1) of The Cleveland (Structural Change) Order 1995 (S.I. 1995/187) the functions of Cleveland County Council in relation to each Cleveland borough (as defined in that Order) are transferred to these authorities. By virtue of section 245 of the Local Government Act 1972, district councils are able to petition Her Majesty for the grant of borough status. All the district councils in Cleveland have been granted that status.

[9] By article 9 of The Humberside (Structural Change) Order 1995 (S.I. 1995/600) the functions of Humberside County Council in relation to each Humberside district (as defined in that Order) are transferred to these authorities.

[10] By article 10 of The North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 (S.I. 1995/610) the functions of North Yorkshire County Council in relation to the new district of York (as defined in that Order) are transferred to this authority.

[11] See S.I. 1995/493, S.I. 1995/187, S.I. 1995/600 and S.I. 1995/610.

[12] See S.I. 1993/1098.

[13] S.I. 1995/520.

[14] "Staff" in section 23 includes "employee" by virtue of section 28(1).

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