Local Government (Implementation) Act 1999

This Act may be cited as the Local Government (Implementation) Act 1999.

In this Act—

1934 Act means the Local Government Act 1934;

1999 Act means the Local Government Act 1999;

1999 Electoral Act means the Local Government (Elections) Act 1999;

general election means a general election within the meaning of the 1999 Act;

relevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used.

All councils, council committees, areas and wards in existence immediately before the relevant day continue under the 1999 Act (and, for the purposes of that or any other Act, will be taken to have been constituted under that Act).

All persons (other than returning officers) holding office under or by virtue of the provisions of the 1934 Act immediately before the relevant day continue to hold office under the 1999 Act or the 1999 Electoral Act (as appropriate).

A person holding the office of alderman under the 1934 Act immediately before the relevant day will be taken to be a councillor appointed or elected as a representative of the area as a whole for the relevant council under the 1999 Act and may continue to use the title of "alderman" until the conclusion of the general election for the council to be held in May 2000.

Section 54(1)(e) of the 1999 Act does not apply to a member of a council holding office immediately before the relevant day until the conclusion of the general election for the Council to be held in May 2000.

A reference in another Act to an authorised person as defined in the Local Government Act 1999 will, until the relevant day, be taken to include a reference to an authorised person as defined in the Local Government Act 1934.

A proceeding or review commenced under Part 2 of the 1934 Act that has not been finally determined at the relevant day may be continued and completed under the 1934 Act as if this Act had not been enacted.

The validity of a notice published by a council pursuant to Division 11 of Part 2 of the 1934 Act on the basis of a certificate of the Electoral Commissioner under section 24(11) of that Act cannot be called into question.

A council cannot be required to undertake a review of its composition and ward structure under section 12(24) of the 1999 Act by virtue only of the fact that a variation in representation levels has occurred as a result of the enactment of the 1999 Electoral Act1.

Note—

1 This provision does not affect the powers of the Electoral Commissioner under section 12(4) of the 1999 Act.

If immediately before the relevant day a proclamation is in force under Division 13 of Part 2 of the 1934 Act declaring a council to be a defaulting council, section 273 of the 1999 Act will apply to the council from the relevant day as if the proclamation had been made under that section.

A delegation of a council in operation under the 1934 Act immediately before the relevant day will continue in operation under or for the purposes of the 1999 Act or the 1999 Electoral Act (as the case may require).

Subject to subsection (2), any register or code of conduct or practice in force under the 1934 Act immediately before the relevant day may, to the extent that a corresponding register or code is required under the 1999 Act, be taken to have been made under the 1999 Act (but may still be used for the purposes of the 1934 Act, if required).

For the purposes of Chapter 5 Part 4 Division 2 of the 1999 Act—

any person elected as a member of a council at the general election to be held in May 2000 (including a person who was a member of the council before that election) must, within six weeks after election, submit to the chief executive officer a primary return under that Division; and

a member of the public is not entitled to inspect the Register under that Division until six weeks after the general election to be held in May 2000.

A council may, at any time after the commencement of Part 5 of Chapter 5 of the 1999 Act, fix the annual allowances to be payable to council members according to the rates under that Part notwithstanding—

that the council is acting at a meeting that does not fall within the ambit of section 76(2) of the 1999 Act; and

that the annual allowances being paid to council members are not otherwise due to be reviewed.

However—

an annual allowance fixed under subsection (1) for the principal member of a council cannot be less than the annual allowance payable to the member under the 1934 Act immediately before the relevant day (and if the regulations under the 1999 Act prescribe a lesser amount as the maximum allowance payable under section 76(2) of the 1999 Act, the regulations will not apply to the extent necessary to ensure compliance with this paragraph); and

the council must still proceed to fix rates of annual allowances under section 76(2) of the 1999 Act with respect to the period commencing at the conclusion of the periodic election to be held in May 2000 (and at that time the power to fix allowances under subsection (1) will expire).

A council may, in fixing an allowance under subsection (1), determine that any increase in an allowance will be back-dated to 1 July 1999.

A regulation made for the purposes of Part 5 of Chapter 5 of the 1999 Act before the periodic election to be held in May 2000 may be brought into operation on 1 July 1999 even if that date is earlier than the date of its publication in the Gazette.

Unless or until a council fixes allowances under subsection (1), the allowances payable to members of the council under the 1934 Act immediately before the relevant day will continue as if they had been fixed under the 1999 Act (and will then be fixed or reviewed under the provisions of the 1999 Act).

Subsection (3) of section 76 of the 1999 Act, insofar as it relates to the fixing of allowances at the first ordinary meeting of a council at the conclusion of the periodic election to be held in May 2000, operates subject to the qualification that any amount fixed at that meeting for the ensuing period of 12 months must not exceed the maximum allowance prescribed by the regulations for the purposes of that section.

Any process or proceeding commenced under Part 6 of the 1934 Act that has not been finally determined at the relevant day may be continued and completed as if the 1999 Act and this Act had not been enacted.

All voters rolls for areas or wards in force under the 1934 Act immediately before the relevant day will, until revised, continue in force under the 1999 Electoral Act.

An application for enrolment made under Part 7 of the 1934 Act that has not been finally determined before the relevant day may be considered and determined under the 1999 Electoral Act.

If, immediately before the relevant day, an extraordinary vacancy exists in the membership of a council and a day has not been appointed for the nomination of persons as candidates for election to that vacancy, nominations will be made and the election held under the 1999 Electoral Act as if the vacancy occurred on the relevant day.

If, immediately before the relevant day, an extraordinary vacancy exists in the membership of a council and a day has been appointed under the 1934 Act for the nomination of persons as candidates for election to that vacancy, nominations will be made and the election held as if the 1999 Electoral Act and this Act had not been enacted.

A proclamation under the 1934 Act that refers to an election or elections to be held on the first Saturday of May in 2000 will be taken to refer to the periodic election to be held in May 2000 under the 1999 Electoral Act.

Any investment made by a council before the relevant day is not affected by the operation of the 1999 Act.

A person holding office as the auditor of a council immediately before the relevant day but who is not qualified to be appointed as an auditor under the 1999 Act may nevertheless continue as the auditor of the council until the completion of the audit for the financial year ending on the 30 June next following the relevant day.