2026 No. 264
LOCAL GOVERNMENT, ENGLAND
The Surrey (Structural Changes) Order 2026
Made
9th March 2026
Coming into force in accordance with article 1(2)
The Secretary of State makes this Order in exercise of the powers conferred by sections 7, 11, 12, 13 and 15(2) of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”).
This Order implements a proposal, submitted to the Secretary of State in response to an invitation under section 2 of the 2007 Act, that there should be a single tier of local government for Surrey.
In accordance with section 7(3) of that Act, the Secretary of State has consulted every authority affected by the proposal and such other persons as the Secretary of State considers appropriate.
The proposal was made by Surrey County Council, Elmbridge Borough Council and Mole Valley District Council.
A draft of this Order was laid before and approved by a resolution of each House of Parliament in accordance with section 240(6) of the 2007 Act.
(1) This Order may be cited as the Surrey (Structural Changes) Order 2026.
(2) This Order comes into force on the day after the day on which it is made.
(3) This Order extends to England and Wales and applies in England only.
In this Order—
“the 1972 Act” means the Local Government Act 1972;
“the 1989 Act” means the Local Government and Housing Act 1989;
“the 2000 Act” means the Local Government Act 2000;
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;
“the 2011 Act” means the Localism Act 2011;
“the 2024 Order” means the Surrey (Electoral Changes) Order 2024;
“2026 election” means an election required by article 47(1)(a) or 49(1)(a) to be held in 2026;
“the 2026 election day” means the ordinary day of election of councillors in 2026;
“the article 11 functions” means the functions referred to in article 11;
“the article 6 functions” means the functions referred to in article 6;
“the article 7 functions” means the functions referred to in article 7;
“the county council” means the council of the county of Surrey;
“East Surrey Council” means the district council to be established by article 4(2);
“the East Surrey councils” means Elmbridge Borough Council, Epsom and Ewell Borough Council, Mole Valley District Council, Reigate and Banstead Borough Council and Tandridge District Council;
“the East Surrey districts” means the districts of Elmbridge, Epsom and Ewell, Mole Valley, Reigate and Banstead and Tandridge;
“the East Surrey Joint Committee” is the committee to be established by article 8(1);
“the East Surrey shadow authority” has the meaning given in article 18;
“the East Surrey shadow executive” has the meaning given in article 19(1);
“the Implementation Team” means the team required to be formed under article 15(1);
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983;
“the proper officer”, in relation to any purpose and any council, means the officer appointed for that purpose by that council;
“shadow authority” means an authority (not being a local authority) that will become a local authority on 1st April 2027;
“the shadow period” means the period beginning with the fourth day after the 2026 election day and ending immediately before 1st April 2027;
“West Surrey Council” means the district council to be established by article 5(2);
“the West Surrey councils” means Guildford Borough Council, Runnymede Borough Council, Spelthorne Borough Council, Surrey Heath Borough Council, Waverley Borough Council and Woking Borough Council;
“the West Surrey districts” means the districts of Guildford, Runnymede, Spelthorne, Surrey Heath, Waverley and Woking;
“the West Surrey Joint Committee” is the committee to be established by article 12(1);
“the West Surrey shadow authority” has the meaning given in article 30;
“the West Surrey shadow executive” has the meaning given in article 31(1).
(1) A new non-metropolitan county and a new non-metropolitan district, each to be known as East Surrey, are constituted comprising in each case the area of the East Surrey districts.
(2) A new district council, to be known as East Surrey Council, is established as the sole principal authority for the non-metropolitan district of East Surrey.
(3) Except for the purposes of Part 5 of this Order (electoral matters), before 1st April 2027—
(a) East Surrey Council is not a local authority for the purposes of the 1972 Act or for any other enactment relating to local government; and
(b) subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) has effect in relation to that council as if the words from “and the council” to the end of that subsection were omitted.
(4) In relation to the county of East Surrey, section 2(1) of the 1972 Act (which provides that every county must have a council) does not apply.
(5) On 1st April 2027—
(a) the East Surrey districts are abolished as local government areas; and
(b) the East Surrey councils are wound up and dissolved.
(1) A new non-metropolitan county and a new non-metropolitan district, each to be known as West Surrey, are constituted comprising (in each case) the area of the West Surrey districts.
(2) A new district council, to be known as West Surrey Council, is established as the sole principal authority for the non-metropolitan district of West Surrey.
(3) Except for the purposes of Part 5 of this Order (electoral matters), before 1st April 2027—
(a) West Surrey Council is not a local authority for the purposes of the 1972 Act or for any other enactment relating to local government; and
(b) subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) has effect in relation to that council as if the words from “and the council” to the end of that subsection were omitted.
(4) In relation to the county of West Surrey, section 2(1) of the 1972 Act (which provides that every county must have a council) does not apply.
(5) On 1st April 2027—
(a) the West Surrey districts are abolished as local government areas; and
(b) the West Surrey councils are wound up and dissolved.
(1) There is added to the functions of the county council the function, which is exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the ordinary day of election of councillors in 2026, of preparing for and facilitating the economic, effective, efficient and timely transfer to East Surrey Council, of such of its functions, property, rights and liabilities as relate to East Surrey and its inhabitants.
(2) There is added to the functions of the county council the function, which is exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the ordinary day of election of councillors in 2026, of preparing for and facilitating the economic, effective, efficient and timely transfer to West Surrey Council, of such of its functions, property, rights and liabilities as relate to West Surrey and its inhabitants.
There is added to the functions of each of the East Surrey councils the function, which is exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the ordinary day of election of councillors in 2026, of preparing for and facilitating the economic, effective, efficient and timely transfer to East Surrey Council of its functions, property, rights and liabilities.
(1) Not later than 14 days after the coming into force of this Order, the county council and the East Surrey councils must establish a joint committee under section 101(5) of the 1972 Act (arrangements for discharge of functions by local authorities) for the purpose of discharging, until the first meeting of the East Surrey shadow authority, the functions mentioned in paragraph (2) (“the East Surrey Joint Committee”).
(2) The functions are—
(a) the article 6 functions;
(b) the article 7 functions; and
(c) the functions referred to in articles 9(1), 10 and 15(1).
(3) The East Surrey Joint Committee is to consist of ten persons—
(a) five persons nominated by the county council, each of whom is for the time being a member of that council for an electoral division whose area is within the East Surrey districts; and
(b) five persons nominated by the East Surrey councils (with each East Surrey council nominating one person), each of whom is for the time being a member of the nominating council.
(4) The county council and each of the East Surrey councils must co-operate in the establishment of the East Surrey Joint Committee.
(5) The East Surrey Joint Committee is to regulate its own proceedings, but a question to be decided by the committee is to be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the chairman of the committee) having one vote.
(6) In the case of an equality of votes, the person presiding at the meeting (whether or not the chairman of the committee) has a casting vote, in addition to any other vote the person may have.
(7) The East Surrey Joint Committee is dissolved on the day following that on which the East Surrey shadow authority holds its first meeting.
9 Implementation Plan and further provisions relevant to the discharge of functions by East Surrey Joint Committee
(1) The East Surrey Joint Committee must prepare, keep under review, and revise as necessary, an Implementation Plan which must include—
(a) such plans and timetables as are, in the opinion of the Joint Committee, necessary to secure the economic, effective, efficient and timely discharge of the article 6 and article 7 functions; and
(b) such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge, on and after 1st April 2027, of the functions that, before that date, are functions of the county council or the East Surrey councils.
(2) For the purposes of—
(a) preparing, reviewing and revising the Implementation Plan,
(b) discharging the article 6 and article 7 functions, and
(c) discharging such other functions as may be conferred on it,
the East Surrey Joint Committee must have regard to the information supplied to the Secretary of State in support of the proposal for single tier local government in Surrey.
(3) The East Surrey Joint Committee may, by written notice to—
(a) the proper officer of the county council, or
(b) the proper officer of any of the East Surrey councils,
require the council referred to in the notice to take such action relevant to any of the article 6 or article 7 functions as may be specified in the notice.
10 Function of East Surrey Joint Committee relevant to code of conduct
(1) The East Surrey Joint Committee must formulate proposals for the code of conduct to be adopted by the East Surrey shadow authority in accordance with article 20(1) and present those proposals at the first meeting of the shadow authority.
(2) In formulating proposals under paragraph (1) the East Surrey Joint Committee must have regard to section 27 of the 2011 Act (duty to promote and maintain high standards of conduct) and section 28 (codes of conduct) of that Act.
There is added to the functions of each of the West Surrey councils the function, which is exercisable only in the transitional period beginning on the coming into force of this Order and ending on the fourteenth day after the ordinary day of election of councillors in 2026, of preparing for and facilitating the economic, effective, efficient and timely transfer to West Surrey Council of its functions, property, rights and liabilities.
(1) Not later than 14 days after the coming into force of this Order, the county council and the West Surrey councils must establish a joint committee under section 101(5) of the 1972 Act (arrangements for discharge of functions by local authorities) for the purpose of discharging, until the first meeting of the West Surrey shadow authority, the functions mentioned in paragraph (2) (“the West Surrey Joint Committee”).
(2) The functions are—
(a) the article 6 functions;
(b) the article 11 functions; and
(c) the functions referred to in articles 13(1), 14 and 15(1).
(3) The West Surrey Joint Committee is to consist of twelve persons—
(a) six persons nominated by the county council, each of whom is for the time being a member of that council for an electoral division whose area is within the West Surrey districts; and
(b) six persons nominated by the West Surrey councils (with each West Surrey council nominating one person), each of whom is for the time being a member of the nominating council.
(4) The county council and each of the West Surrey councils must co-operate in the establishment of the West Surrey Joint Committee.
(5) The West Surrey Joint Committee is to regulate its own proceedings, but a question to be decided by the committee is to be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the chairman of the committee) having one vote.
(6) In the case of an equality of votes, the person presiding at the meeting (whether or not the chairman of the committee) has a casting vote, in addition to any other vote the person may have.
(7) The West Surrey Joint Committee is dissolved on the day following that on which the West Surrey shadow authority holds its first meeting.
13 Implementation Plan and further provisions relevant to the discharge of functions by West Surrey Joint Committee
(1) The West Surrey Joint Committee must prepare, keep under review, and revise as necessary, an Implementation Plan which must include—
(a) such plans and timetables as are, in the opinion of the Joint Committee, necessary to secure the economic, effective, efficient and timely discharge of the article 6 and article 11 functions; and
(b) such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge, on and after 1st April 2027, of the functions that, before that date, are functions of the county council or the West Surrey councils.
(2) For the purposes of—
(a) preparing, reviewing and revising the Implementation Plan,
(b) discharging the article 6 and article 11 functions, and
(c) discharging such other functions as may be conferred on it,
the West Surrey Joint Committee must have regard to the information supplied to the Secretary of State in support of the proposal for single tier local government in Surrey.
(3) For the same purposes as in paragraph (2), the West Surrey Joint Committee must also have regard to—
(a) the Spelthorne Borough Council Best Value Inspection report dated 17th March 2025;
(b) the Direction dated 8th May 2025 issued by the Secretary of State for Housing, Communities and Local Government to Spelthorne Borough Council under section 15(5) and (6) of the Local Government Act 1999;
(c) the report dated May 2023 following an external assurance review of Woking Borough Council commissioned by the Secretary of State for Levelling Up, Housing and Communities;
(d) the Direction dated 25th May 2023 issued by the Secretary of State for Housing, Communities and Local Government to Woking Borough Council under section 15(5) and (6) of the Local Government Act 1999;
(e) the Woking Borough Council Commissioners’ reports dated 31st August 2023, 7th December 2023, 29th May 2024 and 16th December 2024;
(f) any other Directions issued to Spelthorne Borough Council or Woking Borough Council by the Secretary of State for Housing, Communities and Local Government under section 15(5) and (6) of the Local Government Act 1999 on or after the date on which this Order comes into force;
(g) any other reports published by Spelthorne Borough Council Commissioners or Woking Borough Council Commissioners, whether before the date on which this Order comes into force or on or after that date.
(4) The West Surrey Joint Committee may, by written notice to—
(a) the proper officer of the county council, or
(b) the proper officer of any of the West Surrey councils,
require the council referred to in the notice to take such action relevant to any of the article 6 or article 11 functions as may be specified in the notice.
14 Function of West Surrey Joint Committee relevant to code of conduct
(1) The West Surrey Joint Committee must formulate proposals for the code of conduct to be adopted by the West Surrey shadow authority in accordance with article 32(1) and present those proposals at the first meeting of the shadow authority.
(2) In formulating proposals under paragraph (1) the West Surrey Joint Committee must have regard to section 27 of the 2011 Act (duty to promote and maintain high standards of conduct) and section 28 (codes of conduct) of that Act.
(1) Not later than 21 days after the coming into force of this Order, the East Surrey Joint Committee and the West Surrey Joint Committee must form a single team of officers (“the Implementation Team”) for the purpose of assisting—
(a) the relevant Joint Committee in the discharge of its functions under this Part; and
(b) if, after the dissolution of the relevant Joint Committee, the relevant shadow authority so requires, that shadow authority.
(2) The members of the Implementation Team must include officers from the county council, and from each of the East Surrey councils and each of the West Surrey councils.
(3) The leader of the Implementation Team must be the person who is for the time being the Chief Executive of the county council.
(4) The deputy leaders of the Implementation Team are to be an officer of one of the East Surrey councils and an officer of one of the West Surrey councils.
(5) The county council and each of the East Surrey councils and each of the West Surrey councils must—
(a) co-operate in the formation of the Implementation Team, and
(b) release the officers concerned from their normal duties at such times or for such periods as the relevant Joint Committee or the relevant shadow authority may reasonably require.
(6) In this article—
“the relevant Joint Committee” means—
as regards the East Surrey councils, the East Surrey Joint Committee;
as regards the West Surrey councils, the West Surrey Joint Committee;
“the relevant shadow authority” means—
as regards the East Surrey councils, the East Surrey shadow authority;
as regards the West Surrey councils, the West Surrey shadow authority.
16 General transitional duties of the county council, the East Surrey councils and the West Surrey councils
(1) The county council, each of the East Surrey councils and each of the West Surrey councils must—
(a) consult and co-operate with one another and with the shadow authorities in order to secure the economic, effective, efficient and timely transfer of the county council’s and those councils’ functions, property, rights and liabilities; and
(b) generally, exercise their functions so as to further the purposes of this Order.
(2) A relevant authority must provide such information relating to its functions as any other relevant authority may reasonably request for the purpose of giving effect to this Order.
(3) A relevant authority must, on request by a person authorised by another relevant authority in that behalf, at all reasonable times allow that person—
(a) to inspect any record belonging to or under the control of the authority to whom the request is made and relating to the authority or its functions; and
(b) to take, or be supplied with, a copy of any such record or part of it.
(4) A relevant authority to whom a request is made under paragraph (3) may, before complying with the request, require the person making the request to produce evidence of the authorisation given by the other relevant authority.
(5) The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
(6) The information referred to in paragraph (2) must, in particular, include any information necessary for the exercise during the shadow period of any of the functions of a shadow authority.
(7) In this article “relevant authority” means—
(a) in the case of East Surrey—
(i) the county council;
(ii) the East Surrey councils;
(iii) the East Surrey shadow authority;
(b) in the case of West Surrey—
(i) the county council;
(ii) the West Surrey councils;
(iii) the West Surrey shadow authority.
The total of the expenditure properly incurred by the East Surrey shadow authority and the West Surrey shadow authority in relation to execution of their duties under this Order is to be divided among, and paid by, the county council, the East Surrey councils and the West Surrey councils in such proportions as may be agreed between them but, where the East Surrey shadow authority or the West Surrey shadow authority notifies the Secretary of State that there is no such agreement, the Secretary of State may—
(a) determine the proportions in which the expenditure is to be divided and paid; or
(b) appoint an arbitrator for that purpose.
19 Duties of the East Surrey shadow authority: executive arrangements
(1) At its first meeting, the East Surrey shadow authority must create a leader and cabinet executive within the meaning of Part 1A of the 2000 Act (arrangements with respect to local authority governance in England) (“the East Surrey shadow executive”).
(2) With the exception of Chapter 4 (changing governance arrangements) the provisions of Part 1A of the 2000 Act, to the extent that they relate to a leader and cabinet executive, have effect in relation to the East Surrey shadow authority as if—
(a) the East Surrey shadow executive were a leader and cabinet executive of a district council;
(b) the executive arrangements that it makes were executive arrangements of a district council;
(c) section 9E (discharge of functions: general) authorised the East Surrey shadow executive to delegate functions not only to officers of the shadow authority but also to officers of the county council and the East Surrey councils.
(3) Chapter 7 of Part 1 of the 2011 Act (standards) applies in relation to the East Surrey shadow authority as if—
(a) it were a district council (but not a principal authority in relation to a parish council); and
(b) references to co-opted members were omitted.
20 Duties of the East Surrey shadow authority: code of conduct
(1) Subject to paragraph (2), the East Surrey shadow authority must at its first meeting adopt a code of conduct proposed pursuant to article 10.
(2) In complying with paragraph (1), the East Surrey shadow authority must make such amendments or modifications to the proposals submitted to it under article 10 as it considers necessary to secure that, when adopted, the code will satisfy the requirements of section 27 (duty to promote and maintain high standards of conduct) and section 28 (codes of conduct) of the 2011 Act.
21 Duties of the East Surrey shadow authority: appointment of certain officers
(1) At its first meeting, the East Surrey shadow authority must designate on an interim basis—
(a) an officer of the county council or an officer of one of the East Surrey councils to be responsible for performing, in relation to the East Surrey shadow authority, the duties imposed by—
(i) subsections (2) and (3) of section 5 of the 1989 Act (designation and reports of monitoring officer); and
(ii) subsections (2) and (5) of section 5A of the 1989 Act (reports of monitoring officer - local authorities operating executive arrangements),
as applied by paragraph (4) (the “interim monitoring officer”);
(b) an officer of the county council or an officer of one of the East Surrey councils to be responsible for the administration of the financial affairs of the East Surrey shadow authority (the “interim chief finance officer”);
(c) an officer of the county council or an officer of one of the East Surrey councils to be head of the East Surrey shadow authority’s paid service and, accordingly, to be responsible for performing, in relation to the East Surrey shadow authority, the duties imposed by subsections (2) and (4) of section 4 of the 1989 Act (designation and reports of head of paid service) (the “interim head of paid service”).
(2) The East Surrey shadow authority must before 31st December 2026 appoint—
(a) East Surrey Council’s monitoring officer,
(b) East Surrey Council’s chief finance officer, and
(c) East Surrey Council’s head of paid service,
and each appointment is to take effect from the date of such appointment.
(3) A designation under paragraph (1) ceases to have effect on the day on which a person (who may be the same person as the designated officer) is appointed under paragraph (2) to discharge responsibilities equivalent to those of the designated officer.
(4) Subsections (2) to (7) of section 5 of the 1989 Act (designation and reports of monitoring officer) and subsections (2) and (5) of section 5A of that Act (reports of monitoring officer - local authorities operating executive arrangements) apply in relation to—
(a) the East Surrey shadow authority;
(b) its interim monitoring officer; and
(c) its executive arrangements,
as they apply in relation to a relevant authority and the monitoring officer and executive arrangements of a relevant authority as if references in those subsections to a relevant authority and the monitoring officer and executive arrangements of a relevant authority were references to the East Surrey shadow authority, its interim monitoring officer and the executive arrangements that it adopts pursuant to this Order.
(5) Sections 114, 115, 115B and 116 of the Local Government Finance Act 1988 (financial administration, duties and functions) apply in relation to the East Surrey shadow authority and its interim chief finance officer as if—
(a) references to the chief finance officer of a relevant authority included references to the interim chief finance officer of the East Surrey shadow authority;
(b) references to a relevant authority included references to the East Surrey shadow authority; and
(c) references to joint committees were omitted.
(6) Subsections (2) to (5) and (6) of section 4 of the 1989 Act (designation and reports of head of paid service) apply in relation to the East Surrey shadow authority and its interim head of paid service as they apply in relation to a relevant authority and its head of paid service as if references in those subsections to a relevant authority and its head of paid service were references to the East Surrey shadow authority and its interim head of paid service.
22 Duties of the East Surrey shadow authority: members’ allowances for East Surrey Council
(1) The East Surrey shadow authority must formulate proposals for the scheme for the payment of members’ allowances to be adopted by East Surrey Council.
(2) The East Surrey shadow authority must prepare and adopt a scheme for the payment of allowances to its members.
(3) The Local Authorities (Members’ Allowances) (England) Regulations 2003, other than regulations 6 (allowances for members of Association of London Government) and 17 (transitional provisions) and Part 5 (parish councils), apply in relation to the East Surrey shadow authority and its members as they apply in relation to district councils and their members.
23 Functions of the East Surrey shadow authority: Implementation Plan
(1) After the dissolution of the East Surrey Joint Committee, the East Surrey shadow authority must keep under review, and revise as necessary, the Implementation Plan prepared by that committee.
(2) Article 9(2) applies in relation to the East Surrey shadow authority as if—
(a) the word “preparing” were omitted;
(b) for “the article 6 and article 7 functions”, there were substituted “the main transitional functions”; and
(c) for “East Surrey Joint Committee”, there were substituted “East Surrey shadow authority”.
(3) Article 9(3) applies in relation to the East Surrey shadow authority as if—
(a) for “East Surrey Joint Committee”, there were substituted “East Surrey shadow authority”; and
(b) for “the article 6 or article 7 functions”, there were substituted “the main transitional functions”.
(4) In article 9(2) and (3), as applied by paragraphs (2) and (3), “the main transitional functions” means the functions referred to in article 25.
24 Other functions of the East Surrey shadow authority
During the shadow period the East Surrey shadow authority has, in addition to the functions specified or referred to in articles 19 to 23, the functions referred to or specified in articles 25 to 28.
25 Other functions of the East Surrey shadow authority
The East Surrey shadow authority must take all such practicable steps as are necessary or expedient—
(a) to commence and sustain their running as a shadow authority;
(b) to prepare the authority for the assumption, as East Surrey Council, of local government functions and full local authority powers on 1st April 2027;
(c) to prepare any budgets or plans required by East Surrey Council when those functions are assumed;
(d) to liaise with the county council and the West Surrey shadow authority for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2027; and
(e) to liaise with the East Surrey councils for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2027.
26 Other functions of the East Surrey shadow authority
Subject to article 27, the East Surrey shadow authority has all the other powers of a non-metropolitan county council and a non-metropolitan district council.
27 Other functions of the East Surrey shadow authority
The powers conferred by article 26 may be exercised by the East Surrey shadow authority only—
(a) in the discharge of the functions specified or referred to in articles 19 to 23, 25 and 28;
(b) in the case of the powers of a non-metropolitan county council, in the same manner, and subject to the same conditions and limitations, as if it were a non-metropolitan county council;
(c) in the case of the powers of a non-metropolitan district council, in the same manner, and subject to the same conditions and limitations, as if it were a non-metropolitan district council; and
(d) where the exercise of the power would involve incurring expenditure or acquiring a liability which, before 1st April 2027—
(i) is the responsibility of the county council, with the prior consent of that council; or
(ii) is the responsibility of a district council, with the prior consent of that council.
28 Other functions of the East Surrey shadow authority
(1) The following provisions apply in relation to the East Surrey shadow authority, notwithstanding that it does not have the functions and full powers of a local authority—
(a) the following provisions of the Local Democracy, Economic Development and Construction Act 2009—
(i) section 109A (proposal for new combined authority); and
(ii) section 110 (requirements in connection with establishment of combined authority);
(b) the following provisions of the 1972 Act—
(i) section 3 (chairman);
(ii) section 5 (vice-chairman);
(iii) Parts 5 and 5A (general provisions as to members and proceedings of local authorities, access to meetings and documents of certain authorities, committees and sub-committees);
(iv) section 103 (expenses of joint committees);
(v) section 106 (standing orders);
(vi) section 146 (transfer of securities on alteration of area, etc.);
(vii) section 178 (regulations as to allowances); and
(viii) section 245 (status of certain districts, parishes and communities).
(2) The East Surrey shadow authority, notwithstanding that it does not have the functions and full powers of a local authority, is to be treated—
(a) for the purposes of the Local Audit and Accountability Act 2014 and any regulations made under that Act as if it were a district council;
(b) for the purposes of section 101 of the 2000 Act (indemnification of members and officers of relevant authorities), as a relevant authority;
(c) for the purposes of Part 1 of the Local Government Act 2003 (capital finance etc and accounts), as a local authority;
(d) for the purposes of the Local Authorities (Standing Orders) (England) Regulations 2001, as a relevant authority;
(e) for the purposes of the Data Protection Act 2018, as a public authority; and
(f) for the purposes of the Freedom of Information Act 2000, as a public authority.
29 Discharge of the East Surrey shadow authority’s functions by the East Surrey shadow executive
(1) Except to the extent that any provision of any Act, this Order, or regulations under section 9D of the 2000 Act (functions which are the responsibility of an executive), section 9DA of that Act (functions of an executive: further provision), or section 13 of that Act (functions which are the responsibility of an executive) requires otherwise, the functions conferred on the East Surrey shadow authority by or under this Order are to be delegated to, and discharged by, the East Surrey shadow executive.
(2) Paragraph (1) does not prevent the East Surrey shadow executive from requesting the East Surrey shadow authority to discharge any function specified in a notice given by the shadow executive to the proper officer of the shadow authority, and the shadow authority must comply with any such request within such period as the shadow executive may specify.
31 Duties of the West Surrey shadow authority: executive arrangements
(1) At its first meeting, the West Surrey shadow authority must create a leader and cabinet executive within the meaning of Part 1A of the 2000 Act (arrangements with respect to local authority governance in England) (“the West Surrey shadow executive”).
(2) With the exception of Chapter 4 (changing governance arrangements) the provisions of Part 1A of the 2000 Act, to the extent that they relate to a leader and cabinet executive, have effect in relation to the West Surrey shadow authority as if—
(a) the West Surrey shadow executive were a leader and cabinet executive of a district council;
(b) the executive arrangements that it makes were executive arrangements of a district council;
(c) section 9E (discharge of duties: general) authorised the West Surrey shadow executive to delegate functions not only to officers of the shadow authority but also to officers of the county council and the West Surrey councils.
(3) Chapter 7 of Part 1 of the 2011 Act (standards) applies in relation to the West Surrey shadow authority as if—
(a) it were a district council (but not a principal authority in relation to a parish council); and
(b) references to co-opted members were omitted.
32 Duties of the West Surrey shadow authority: code of conduct
(1) Subject to paragraph (2), the West Surrey shadow authority must at its first meeting adopt a code of conduct proposed pursuant to article 14.
(2) In complying with paragraph (1), the West Surrey shadow authority must make such amendments or modifications to the proposals submitted to it under article 14 as it considers necessary to secure that, when adopted, the code will satisfy the requirements of section 27 (duty to promote and maintain high standards of conduct) and section 28 (codes of conduct) of the 2011 Act.
33 Duties of the West Surrey shadow authority: appointment of certain officers
(1) At its first meeting, the West Surrey shadow authority must designate on an interim basis—
(a) an officer of the county council or an officer of one of the West Surrey councils to be responsible for performing, in relation to the West Surrey shadow authority, the duties imposed by—
(i) subsections (2) and (3) of section 5 of the 1989 Act (designation and reports of monitoring officer); and
(ii) subsections (2) and (5) of section 5A of the 1989 Act (reports of monitoring officer - local authorities operating executive arrangements),
as applied by paragraph (4) (the “interim monitoring officer”);
(b) an officer of the county council or an officer of one of the West Surrey councils to be responsible for the administration of the financial affairs of the West Surrey shadow authority (the “interim chief finance officer”);
(c) an officer of the county council or an officer of one of the West Surrey councils to be head of the West Surrey shadow authority’s paid service and, accordingly, to be responsible for performing, in relation to the West Surrey shadow authority, the duties imposed by subsections (2) and (4) of section 4 of the 1989 Act (designation and reports of head of paid service) (the “interim head of paid service”).
(2) The West Surrey shadow authority must before 31st December 2026 appoint—
(a) West Surrey Council’s monitoring officer,
(b) West Surrey Council’s chief finance officer, and
(c) West Surrey Council’s head of paid service,
and each appointment is to take effect from the date of such appointment.
(3) A designation under paragraph (1) ceases to have effect on the day on which a person (who may be the same person as the designated officer) is appointed under paragraph (2) to discharge responsibilities equivalent to those of the designated officer.
(4) Subsections (2) to (7) of section 5 of the 1989 Act (designation and reports of monitoring officer) and subsections (2) and (5) of section 5A of that Act (reports of monitoring officer - local authorities operating executive arrangements) apply in relation to—
(a) the West Surrey shadow authority;
(b) its interim monitoring officer; and
(c) its executive arrangements,
as they apply in relation to a relevant authority and the monitoring officer and executive arrangements of a relevant authority as if references in those subsections to a relevant authority and the monitoring officer and executive arrangements of a relevant authority were references to the West Surrey shadow authority, its interim monitoring officer and the executive arrangements that it adopts pursuant to this Order.
(5) Sections 114, 115, 115B and 116 of the Local Government Finance Act 1988 (financial administration, duties and functions) apply in relation to the West Surrey shadow authority and its interim chief finance officer as if—
(a) references to the chief finance officer of a relevant authority included references to the interim chief finance officer of the West Surrey shadow authority;
(b) references to a relevant authority included references to the West Surrey shadow authority; and
(c) references to joint committees were omitted.
(6) Subsections (2) to (5) and (6) of section 4 of the 1989 Act (designation and reports of head of paid service) apply in relation to the West Surrey shadow authority and its interim head of paid service as they apply in relation to a relevant authority and its head of paid service as if references in those subsections to a relevant authority and its head of paid service were references to the West Surrey shadow authority and its interim head of paid service.
34 Duties of the West Surrey shadow authority: members’ allowances for West Surrey Council
(1) The West Surrey shadow authority must formulate proposals for the scheme for the payment of members’ allowances to be adopted by West Surrey Council.
(2) The West Surrey shadow authority must prepare and adopt a scheme for the payment of allowances to its members.
(3) The Local Authorities (Members’ Allowances) (England) Regulations 2003, other than regulations 6 (allowances for members of Association of London Government) and 17 (transitional provisions) and Part 5 (parish councils), apply in relation to the West Surrey shadow authority and its members as they apply in relation to district councils and their members.
35 Functions of the West Surrey shadow authority: Implementation Plan
(1) After the dissolution of the West Surrey Joint Committee, the West Surrey shadow authority must keep under review, and revise as necessary, the Implementation Plan prepared by that committee.
(2) Article 13(2) applies in relation to the West Surrey shadow authority as if—
(a) the word “preparing” were omitted;
(b) for “the article 6 and article 11 functions”, there were substituted “the main transitional functions”; and
(c) for “West Surrey Joint Committee”, there were substituted “West Surrey shadow authority”.
(3) Article 13(3) applies in relation to the West Surrey shadow authority as if for “West Surrey Joint Committee” there were substituted “West Surrey shadow authority”.
(4) Article 13(4) applies in relation to the West Surrey shadow authority as if—
(a) for “West Surrey Joint Committee”, there were substituted “West Surrey shadow authority”; and
(b) for “the article 6 or article 11 functions”, there were substituted “the main transitional functions”.
(5) In article 13(2) and (4), as applied by paragraphs (2) and (4), “the main transitional functions” means the functions referred to in article 37.
36 Other functions of the West Surrey shadow authority
During the shadow period the West Surrey shadow authority has, in addition to the functions specified or referred to in articles 31 to 35, the functions referred to or specified in articles 37 to 40.
37 Other functions of the West Surrey shadow authority
The West Surrey shadow authority must take all such practicable steps as are necessary or expedient—
(a) to commence and sustain their running as a shadow authority;
(b) to prepare the authority for the assumption, as West Surrey Council, of local government functions and full local authority powers on 1st April 2027;
(c) to prepare any budgets or plans required by West Surrey Council when those functions are assumed;
(d) to liaise with the county council and the East Surrey shadow authority for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2027; and
(e) to liaise with the West Surrey councils for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2027.
38 Other functions of the West Surrey shadow authority
Subject to article 39, the West Surrey shadow authority has all the other powers of a non-metropolitan county council and a non-metropolitan district council.
39 Other functions of the West Surrey shadow authority
The powers conferred by article 38 may be exercised by the West Surrey shadow authority only—
(a) in the discharge of the functions specified or referred to in articles 31 to 35, 37 and 40;
(b) in the case of the powers of a non-metropolitan county council, in the same manner, and subject to the same conditions and limitations, as if it were a non-metropolitan county council;
(c) in the case of the powers of a non-metropolitan district council, in the same manner, and subject to the same conditions and limitations, as if it were a non-metropolitan district council; and
(d) where the exercise of the power would involve incurring expenditure or acquiring a liability which, before 1st April 2027—
(i) is the responsibility of the county council, with the prior consent of that council; or
(ii) is the responsibility of a district council, with the prior consent of that council.