The Local Government (Structural Changes) (Supplementary Provision and Amendment) Order 2023

• Citation: S.I. 2023/187
• Sections: 13

Section 1 Citation and commencement

This Order may be cited as the Local Government (Structural Changes) (Supplementary Provision and Amendment) Order 2023 and comes into force on 1st April 2023.

Section 2 Charter Trustees

(1) There is established for each area listed in the second column of the table in the Schedule to this Order a body corporate to be known by the name specified in relation to that area in the first column of that table.

(2) The charter trustees for a body listed in the first column of the table in the Schedule are the councillors for the time being for any electoral area all or part of which includes any part of the area specified in the entry for that body in the second column of that table.

Section 3 Local Government pension funds: Cumbria

The local government pension fund maintained by Cumbria County Council by virtue of regulations made under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc) together with all other property, rights and liabilities in respect of the fund, shall vest in Westmorland and Furness Council.

Section 4 Local Government pension funds: Cumbria

(1) The Local Government Pension Scheme Regulations 2013 are amended in accordance with paragraphs (2), (3) and (4).

(2) In regulation 64 (special circumstances where revised actuarial valuations and certificates must be obtained) after paragraph (15) insert—

(16) Where the exiting employers are Cumbria County Council, Allerdale Borough Council, Barrow-in-Furness Borough Council, Carlisle City Council, Copeland Borough Council, Eden District Council and South Lakeland District Council—

(a) the assets and liabilities of the fund in respect of current or former employees (or those of any predecessor authority) of the exiting employers must be allocated between Cumberland Council and Westmorland and Furness Council in proportions to be determined by Westmorland and Furness Council, and

(b) paragraph (17) applies.

(17) Where this paragraph applies, no exit payment or exit credit is due under paragraph (1) and paragraph (2) does not apply.

(18) In determining the proportions for the purposes of paragraph (16)(a) Westmorland and Furness Council must seek advice from an actuary and consult with Cumberland Council.

(3) In Part 1 of Schedule 3 (pension funds) in paragraph 1 at the end insert—

(zd) Westmorland and Furness Council.

(4) In the table after paragraph 4 in Part 2 of Schedule 3 at the end insert—

Section 5 Local Government pension funds: North Yorkshire

(1) The Local Government Pension Scheme Regulations 2013 are amended in accordance with paragraphs (2) and (3).

(2) In regulation 64 (special circumstances where revised actuarial valuations and certificates must be obtained) after paragraph (18) insert—

(19) Paragraph (20) applies where the exiting employers are Craven District Council, Hambleton District Council, Harrogate Borough Council, Richmondshire District Council, Ryedale District Council, Scarborough Borough Council and Selby District Council and the liabilities of the fund in respect of current or former employees (or those of any predecessor authority) of these exiting employers vest in North Yorkshire Council.

(20) Where this paragraph applies, no exit payment or exit credit is due under paragraph (1) and paragraph (2) does not apply.

(3) In the table after paragraph 4 in Part 2 of Schedule 3, for the entry relating to an employee of City of York Council, in the second column, for “North Yorkshire County Council” substitute “North Yorkshire Council” .

Section 6 Local Government pension funds: Somerset

(1) The Local Government Pension Scheme Regulations 2013 are amended in accordance with paragraph (2).

(2) In regulation 64 (special circumstances where revised actuarial valuations and certificates must be obtained) after paragraph (20) insert—

(21) Paragraph (22) applies where the exiting employers are Mendip District Council, Sedgemoor District Council, Somerset West and Taunton Council and South Somerset Council and the liabilities of the fund in respect of current or former employees (or those of any predecessor authority) of these exiting employers vest in Somerset Council.

(22) Where this paragraph applies, no exit payment or exit credit is due under paragraph (1) and paragraph (2) does not apply.

Section 7 Amendment of the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003

(1) The Schedule to the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 (calculation of the sub-liability) is amended in accordance with paragraphs (2) to (10).

(2) In paragraph 4 for the definition of P substitute—

P has the meanings set out in paragraph 9(2) and (4);

(3) In paragraph 4A at the beginning insert “Subject to paragraph 4C,” .

(4) In paragraph 4B at the beginning insert “Subject to paragraph 4D,” .

(5) After paragraph 4B insert—

(4C)

(1) This paragraph applies to North Yorkshire Council, Somerset Council and Westmorland and Furness Council.

(2) The assumed debt is—

(a) in the financial year beginning on 1st April 2023, the amount of debt assumed to be associated with a local authority in that year as set out in Table AA in this Schedule; and

(b) in each subsequent financial year —N* × 1.01.

(3) The local authority share cap is—

(a) in the financial year beginning on 1st April 2023, the amount attributable to an authority set out in Table BB in this Schedule; and

(b) in each subsequent financial year—O* × 1.01.

(6) In paragraph 9—

(a) in sub-paragraph (2), at the beginning, insert “Subject to sub-paragraph (3),” ;

(b) after sub-paragraph (2) insert—

(3) In the case of North Yorkshire Council, Somerset Council and Westmorland and Furness Council, P means—

(a) in the financial year beginning on 1st April 2023, 79,555,673.79;

(b) in each subsequent financial year—P* × 1.01.

(7) In Table A (assumed debt for each quarter in a year)—

(a) omit the row entry for “Barrow”;

(b) omit the row entry for “Harrogate”;

(c) omit the row entry for “Richmondshire”;

(d) omit the row entry for “Sedgemoor”;

(e) omit the row entry for “Selby”;

(f) omit the row entry for “Somerset West and Taunton”.

(8) After Table A insert a new Table AA—

(9) In Table B (Local authority share cap for each quarter in a year)—

(a) omit the row entry for “Barrow”;

(b) omit the row entry for “Harrogate”;

(c) omit the row entry for “Richmondshire”;

(d) omit the row entry for “Sedgemoor”;

(e) omit the row entry for “Selby”;

(f) omit the row entry for “Somerset West and Taunton”.

(10) After Table B (Local authority share cap for each quarter in a year) insert a new Table BB—

Section 8 Amendment of the North Western Inshore Fisheries and Conservation Order 2010

(1) The North Western Inshore Fisheries and Conservation Order 2010 is amended in accordance with paragraphs (2) to (4).

(2) In article 3 (the North Western Inshore Fisheries and Conservation District) in paragraph (3)—

(a) omit “Cumbria County Council”;

(b) after the entry for Cheshire West and Chester Council insert—

Cumberland Council;

(c) after the entry for Sefton Council insert—

Westmorland and Furness Council;

(3) In article 5 (membership of the Authority) in the table at paragraph (3)—

(a) omit the entry for Cumbria County Council;

(b) after the entry for Cheshire West and Chester Council insert—

(c) after the entry for Sefton Council insert—

(4) In article 16 (expenses of the Authority) in the table at paragraph (2)—

(a) omit the entry for Cumbria County Council;

(b) after the entry for Cheshire West and Chester Council insert—

(c) after the entry for Sefton Council insert—

Section 9 Amendment of the Sub-national Transport Body (Transport for the North) Regulations 2018

(1) The Sub-national Transport Body (Transport for the North) Regulations 2018 are amended in accordance with paragraph (2).

(2) In regulation 2 (interpretation)—

(a) for “Cumbria County Council” substitute “Cumberland Council” ;

(b) for “North Yorkshire County Council” substitute “North Yorkshire Council” ;

(c) after the entry for “West Yorkshire Combined Authority” insert “Westmorland and Furness Council” .

Section 10 Amendment of the National Park Authorities (England) Order 2015

(1) The National Park Authorities (England) Order 2015 is amended in accordance with paragraph (2).

(2) In Part 2 (appointment of local authority members) of Schedule 1—

(a) in the entry relating to Exmoor National Park Authority, for the second and third columns substitute—

(b) in the entry relating to Lake District National Park Authority, for the second and third columns substitute—

(c) in the entry relating to North York Moors National Park Authority, for the second and third columns substitute—

(d) in the entry relating to Yorkshire Dales National Park Authority, for the second and third columns substitute—

Section 11 Amendment of the Workington Harbour Act 1974

(1) The Workington Harbour Act 1974 is amended in accordance with paragraph (2).

(2) In section 3 (interpretation) for the definition of “the Council” substitute—

“ the Council ” means Cumberland Council;

Section 12 Amendment of the Workington (Pilotage) Harbour Revision Order 1988

(1) The Workington (Pilotage) Harbour Revision Order 1988 is amended in accordance with paragraph (2).

(2) In article 2 (interpretation) for the definition of “the Council” substitute—

“ the Council ” means Cumberland Council;

Section 13 Amendment of the Maryport Harbour Revision Order 2007

(1) The Maryport Harbour Revision Order 2007 is amended in accordance with paragraphs (2) and (3).

(2) In article 2 (interpretation) for the definition of “the County Council” substitute—

“ the Council ” means Cumberland Council;

(3) In article 5 (constitution of Authority)—

(a) for paragraph (1)(a) substitute—

(a) two Members appointed by the Council or, should they fail to make an appointment, by the Authority;

(b) omit paragraph (1)(b).