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Arbory and Rushen (Local Government District) Order 2019 Index

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Arbory and Rushen (Local Government District) Order 2019 Index Arbory and Rushen (Local Government District) Order 2019 Index c ARBORY AND RUSHEN (LOCAL GOVERNMENT DISTRICT) ORDER 2019 Index Article Page 1 Title ................................................................................................................................... 3 2 Commencement .............................................................................................................. 3 3 Interpretation ................................................................................................................... 3 4 Purpose ............................................................................................................................. 4 5 Commissioners of the Arbory and Rushen Parish District ....................................... 4 6 Transfer of property, contracts etc ............................................................................... 4 7 Rating ............................................................................................................................... 4 8 Boundary of the Arbory and Rushen Parish District ................................................ 5 9 Division of Arbory and Rushen Parish District into wards ...................................... 5 10 Elections to the Arbory and Rushen Parish District .................................................. 5 11 Dissolution of former authorities ................................................................................. 6 12 Transitional provisions .................................................................................................. 6 13 Provisions consequential on dissolutions etc ............................................................. 6 14 Consequential amendments .......................................................................................... 6 15 Implementation of Order ............................................................................................... 7 SCHEDULE 1 9 TRANSFER OF PROPERTY ETC 9 SCHEDULE 2 13 MAP OF ARBORY AND RUSHEN PARISH DISTRICT 13 ENDNOTES 14 TABLE OF ENDNOTE REFERENCES 14 c SD No.2019/0498 Page 1 Arbory and Rushen (Local Government District) Order 2019 Article 1 Statutory Document No. 2019/0498 c Local Government Act 1985 ARBORY AND RUSHEN (LOCAL GOVERNMENT DISTRICT) ORDER 20191 Approved by Tynwald: 22 January 2020 Coming into operation: in accordance with article 2 The Department of Infrastructure, with the consent of the local authorities of Arbory and Rushen1, makes the following Order under section 6A of the Local Government Act 1985. 1 Title This Order is the Arbory and Rushen (Local Government District) Order 2019. 2 Commencement If approved by Tynwald, this Order comes into operation on2 — (a) for the purposes of preparing for elections to the Commissioners, on 24 January 2020; (b) for all purposes other than articles 13 and 14, on 1 April 2020; and2 (c) for the purposes of articles 13 and 14, on 1 May 2020.3 3 Interpretation In this Order — “the appointed day” means the 1 May 2020; “the Arbory and Rushen Parish District” means the Local Government District of Arbory and Rushen constituted under article 5; “the Clerks” means the Clerks of the former authorities; “the Commissioners” means the Commissioners of the Local Government District of Arbory and Rushen; and “the former authorities” means the former local authorities known as Arbory Parish District and Rushen Parish District. 1 As required under section 6A(1) of the Local Government Act 1985. 2 Tynwald approval is required under section 6A(5) of the Local Government Act 1985. c SD No.2019/0498 Page 3 Article 4 Arbory and Rushen (Local Government District) Order 2019 4 Purpose This Order unites, with effect from the appointed day, the former authorities as a new local government district to be known as the Arbory and Rushen Parish District. 5 Commissioners of the Arbory and Rushen Parish District (1) The Commissioners of the Arbory and Rushen Parish District shall be a body corporate known as the Arbory and Rushen Parish District Commissioners. (2) On and after 1 August 2021, there shall be 6 Commissioners3.4 (2A) There shall be 10 Commissioners from the appointed day to 31 July 2021 (inclusive). This paragraph shall cease to have effect on 1 August 2021.5 (3) Members of the former authorities shall go out of office on 1 May 2020. (4) The first Commissioners for the Arbory and Rushen Parish District take up office on the appointed day and hold office for a term of 1 year and 3 months.6 (5) Commissioners for the Arbory and Rushen Parish District who take up office on or after 1 August 2021 shall hold office until 1 May 2025 (and their successors shall take up office in each fourth succeeding year, other than when filling a casual vacancy in their number).7 6 Transfer of property, contracts etc Schedule 1 has effect with respect to the transfer of the property, rights, staff and liabilities of the former authorities. 7 Rating (1) Where, before the appointed day, the former authorities set an identical rate which was in force immediately before that day, the rate for the financial year 2020-2021 shall be the same as that identical rate. (2) Where paragraph (1) does not apply, the rates for the financial year shall be set in accordance with the Local Government Act 2006. (3) The rates for subsequent financial years after the 2020/2021 financial year must be set in accordance with the section 11 of the Local Government Act 2006. 3 Article 9 provides that there shall be 3 Commissioners for each of the two wards of the new district. Page 4 SD No.2019/0498 c Arbory and Rushen (Local Government District) Order 2019 Article 8 8 Boundary of the Arbory and Rushen Parish District (1) The boundary of the Arbory and Rushen Parish District is shown by a line in red on the plan in Schedule 2. (2) A certified copy of the plan must be deposited at the Central Registry by the Department. (3) The Commissioners must arrange for a copy of the plan to be available for inspection at its principal office at all reasonable times by any person. 9 Division of Arbory and Rushen Parish District into wards (1) The boundaries of the former authorities become, with effect from the appointed day, the boundaries of the new wards within the Arbory and Rushen Parish District and those wards are to be known respectively as the Arbory Parish Ward, and the Rushen Parish Ward. (2) On and after 1 May 2021, each ward shall elect 3 of the Commissioners.8 (2A) Each ward shall be represented by 5 Commissioners from the former authorities that make up that ward on the appointed day for the period up to 30 April 2021 (inclusive). This paragraph shall cease to have effect on 1 May 2021.9 (3) The areas of the new wards are shown by different colours on the plan in Schedule 2. 10 Elections to the Arbory and Rushen Parish District (1) Subject to section 6 of the Local Elections Act 1986, for the purpose of holding elections to the Arbory and Rushen Parish District, any voter whose name is entered (at 1 April 2020) on the register of electors for any of the former authorities, is qualified to vote in the first elections of the Commissioners. (2) Elections for the new members of the Arbory and Rushen Parish District are to be held in April 2020 in accordance with the provisions of section 3(1) of the Local Elections Act 1986 and the Local Election Rules 20034. (3) For the purposes of anything to be done, or required to be done by the Arbory and Rushen Parish District, any reference in the Local Election Rules 2003 to either of the former authorities is to be read, as the case requires, as a reference to — (a) the Arbory and Rushen Parish District; or (b) the Arbory Parish Ward, or as required, the Rushen Parish Ward. 4 SD 888/03 as amended by SD 40/08 and SD 1082/11. c SD No.2019/0498 Page 5 Article 11 Arbory and Rushen (Local Government District) Order 2019 11 Dissolution of former authorities On the appointed day the former authorities are dissolved. 12 Transitional provisions (1) Subject to the provisions of this Order, anything done prior to the appointed day in relation to the area of either of the former authorities is to be taken as from that day and have effect in relation to that area (despite the creation of the new parish district) as if it had been done by the Commissioners. (2) Any reference in any enactment to a former local authority shall with effect from the appointed day be taken as reference to the new Arbory and Rushen Parish District or, as the case may be, the Arbory Parish Ward or Rushen Parish Ward. 13 Provisions consequential on dissolutions etc All acts duly done and decisions duly made before the appointed day by or on behalf of a former authority continue to have such force and effect as they had immediately before that day, subject to any express provision to the contrary made by this Order. 14 Consequential amendments (1) In the Southern Sheltered Housing Joint Board Order 2020, — (a) in article 3 (interpretation), in the definition of “the constituent authorities” for “parish districts of Arbory, Malew, and Rushen” substitute «parish districts of Arbory and Rushen, and Malew». (b) in paragraph 1(1) of Schedule 1 (constitution of the joint board) for “6” substitute «5».10 (2) In the Southern Swimming Pool Board Order 20005, — (a) in article 1(2) (citation, commencement and interpretation), the definition of “constituent authorities” for “parish districts of Arbory, Malew, Rushen and Santon” substitute « parish districts of Arbory and Rushen, Malew, and Santon»; and (b) in article 2(2) (constitution
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