Law Laying Down And Change Of Municipal And County Boundaries (Division Act)

Original Language Title: Lov om fastsetjing og endring av kommune- og fylkesgrenser (inndelingslova)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2001-06-15-70

Law laying down and change of municipal and county boundaries (division Act).


Date LOV-2001-06-15-70


Ministry Ministry of Local Government and Regional Development

Edited

LOV-2016-06-17-60 from 01/07/2016


Published in 2001 Booklet 7


Commencement 01.01.2002

Changes
LOV-1956-12-21-3

Promulgated


Short Title
Cabin Lova

Chapter Overview:

Chapter I. Purpose and scope of the Act (§§ 1-3)
Chapter II. About authorized to take decisions (§§ 4-7)
Chapter III. Initiative. Saks PREPARATION (§§ 8-11)
Chapter IV. Direct distortion effects of boundary change (§§ 12-17)
Chapter V. Financial settlement by LIMIT and sharing of municipalities and counties (§§ 18-24)
Chapter VI. Implementation of the decisions on merger and a decision in which a commune or selection in the county is divided, and in the specific Delane being made to other ... (§§ 25-28)
Chapter VII. Iverksetjing. Transition Rules, repealing other laws (§§ 29-30)

Ref. previously allowed 21 Dec 1956 no. 3, Law 12 November 1954 No.. 1 § 2, temporary law June 21, 1956 no. 9 (bylaws 16 Dec. 1960 no. 6 18 Dec. 1964 no. 2.

Chapter I. Purpose and scope of Act

§ 1. purpose the purpose of this Act is to facilitate for a municipal and county division that within the framework of the national community can ensure EiT functional local democracy and an efficient local administration. Changes in municipal or fylkesinndelinga should contribute to creating purposes stone physician entities that can provide its inhabitants and businesses satisfactory services and management. Activities under this Act shall preventing the principle of local medverknad and right of initiative to limit changes.

§ 2. Scope this Act debt for municipalities and counties. Lova encompassing both the change of borders and laying down limits.

§ 3. definitions Amalgamation means that two or more municipalities or county will quit together to a new entities.
Sharing involves

a) | || that a commune or selection in the county is divided into two or more new entities, or

B)
that a commune or selection in the county is divided, and in the specific Delane being made to other municipalities or county.

Limit Adjustment means that a region will be moved over from a commune to another one or from within a county to pick another. In the same way, it is reckoned when ein heil municipality will be moved over to Another county. The Ministry may decide that changing the borders of a region will be treated as a LIMIT, unless the area has ein smaller proportion of inhabitants in a commune or selection in the county that will be attached to other municipalities or county for other paragraph b.
Omgrepet boundary change this act is a common shape on the merger, division and LIMIT.
Grensefastsetjing means that a decision is made to lay down unclear, contested or previously not fix boundaries between municipalities or county.

Chapter II. For authority to take decisions

§ 4. The decision amalgamation Parliament makes decisions on amalgamation of the county. King makes a decision on amalgamation of municipalities when they municipalities saka debt has stopped the proposal of amalgamation. If someone of municipalities have spoken out against the merger, should the matter be submitted to Parliament for decision-making.

§ 5. Decisions on sharing Parliament makes decisions about sharing EiT county. The King makes decisions about sharing a commune when the municipality or municipalities saka debt, have endorsed the proposal. If one full council has expressed its opposition to sharing, should the matter be submitted to Parliament for decision-making.

§ 6. Decision on LIMIT King makes decisions on adjusting the boundaries between municipalities and between county. If LIMIT between county debt more than one full council, should the matter be submitted to Parliament for decision-making.

§ 7. Resolution grensefastsetjing King makes decisions laying down unclear, contested or previously not fix boundaries between municipalities or county.

Chapter III. Initiative. Saks PREPARATION

§ 8. Initiative Right application for it to be started study on LIMIT or grensefastsetjing can promote by its inhabitants and due to Owner in dei municipalities application liabilities of employed persons who have their registered office confirmed there and by municipal or county council in dei local authority application debt.
Application for it to be started study on amalgamation or division can only promote the municipal or county council self in dei local authority amendment debt.
Ministry may on a separate initiative utgreie questions about boundary changes or grensefastsetjing.

Application for it to be started study on boundary change or grensefastsetjing shall be in writing and reasoned, and must contain proposals for new boundaries. The application should be sent the County in the area saka debt. The county governor shall as soon as possible inform the local authority about the application.

§ 9. administrative work Ministry decides whether it should be started Thesis on the basis of initiative under § 8 and take in case a position on what is necessary scope thereof. Decision after the first sentence is not an individual decision by the Public Administration Act § 2 subsection b. Decision on not to initiate the Thesis should still be reasoned in accordance with the rules of the Public Administration Act § 25 and may be appealed in accordance with the rules of the Public Administration Act chapter VI.
Ministry may reject applications from applicants who do not have right of initiative. Rejection shall be in writing and reasoned.
Municipal, county and state-government agency shall give necessary info and in a reasonable period extent contribute by scissors PREPARATION, by incitement from whoever makes Thesis.
Before a decision is made about the boundary change or grensefastsetjing shall dei local authority saka debt, make a statement. In matters relating to merger or division must municipal or county council self heard.

§ 10. Innbyggjar Høyring Council should overtake its inhabitants their opinion on proposed boundary change. Høyringa can happen at folkerøysting, opinion survey, questionnaires investigation, meeting or in other ways.

§ 11. Expenses Ministry decides whether the expenses of the Thesis should berast by someone or several of dei interested municipalities or counties, or wholly or partly by the state. The local authority should be permitted to express their views before the Ministry takes before finally decision-making about cost sharing.

Chapter IV. Direct distortion effects of boundary change

§ 12. Taxation, etc. As with blatant effect from byrjinga of EiT calendar is completed merger of two or more municipalities or sharing as chronicled in § 3 second paragraph letter b, all taxable EiT district that have previously Danna ein awarded individual municipality by the first equation by amalgamation or division as chronicled in § 3 second paragraph letter b to ilikne municipal by dei tax rate that in this district diaper made the basis for laying down forskot on taxes for the deceased taxable. However, this does not apply if the municipal council of the deceased district before merger or division as chronicled in § 3 second paragraph letter b, has made the decision that the next equation shall use other tax rate and such a decision is approved by the County.
Before amalgamation or division as mentioned in the first paragraph is seen in the works, the council of the new municipality or municipalities take decisions about what tax rate to be useful by calculation of forskot on taxes for the forthcoming fiscal year for all forskot mandatory skatteytarar in the new municipality. The resolution must be done innan the deadline stipulated by the County. If the deadline is not being Halden shall the County be decided what for rate to be applied.
When an area is transferred from a commune to another one with blatant effect from byrjinga of EiT calendar, all taxation in this area to ilikne municipal to the municipality who abstain area, the equation that debt fiscal year of transmission.
Person 1 November is settled in a region that from 1 January of the following Layer year due to boundary change Going into dockable municipality, being reckoned as residents in this municipality as regards tax liability for the fiscal year that starts at the point the chronicled January 1, cf. tax Act § 3-1 second paragraph.

§ 13. Local regulations, statutes and planning decisions Upon amalgamation and division of municipalities or county debt local ordinances and regulations framleis before the deceased area until they are changed. The ministry shall issue a closer look deadline for when the local regulations must be considered for needed change.
By LIMIT shall ordinances and regulations in the expanded municipality immediately apply to the transferred area.
Ei boundary change has not blatant effect for municipal and regional land plans that are drafted pursuant to the rules of the Planning and Building Act. For other planning decisions, the Ministry may issue further rules on blatant effect of boundary changes, among other deadlines for the revision of plan decisions.

§ 14. State duties In connection with the disposition which is a direct consequence of border changes after this Act shall not pay stamp duty under § 6 of the Act of 12 December 1975 no. 59 relating to stamp duty, registration fees under § 21 of Act 17. December 1982 No.. 86 for court fees or re-registration fee under § 1 of the law of 19 June 1959 No.. 2 concerning charges for motor vehicles and boats.


§ 15. The financial compensation Upon amalgamation of municipalities or county and sharing as chronicled in § 3 second paragraph letter b, the state provides partial compensation for eingong costs directly linking to these processes. In ein transitional period, the state also compensation for loss of frame subsidies.

§ 16. Intermunicipal cooperation municipalities and counties that participate in inter-municipal cooperation for municipal Act § 27, law on inter-municipal company or municipal special law giving may innan one year from iverksetjing of a boundary change may terminate the participant her relationship with ein period of six months. Innan the same deadline also each of the parties requiring disclosure of the Statute of cooperation or partnership agreement will be considered again. The provisions in the Municipal Act § 27 to exit intermunicipal cooperation and rules of the law on inter-municipal company § 30 to exit intermunicipal company, debt elles equivalent in such cases.

§ 16 a. Robeks status by amalgamation If one full or more of the local authority to be slåast together, fulfill the terms of the Local Government Act § 60 no. 1, the Ministry until the Amalgamation is seen in the works, determine that the new municipality authority must follow the requirements for approval and control in the Local Government Act § 60 no. 1 and 2. This applies only if the local authority not wait to cover the the more consumption from before Amalgamation innan two years and after the ministry's assessment is required for approval and control.

§ 16 b. Municipal Amalgamation and pre-emptive right shares when changing cigar directions from one municipality to another one municipality or directions from one county to another one county as a result of merger or division under this Act, does not apply the rules of the Companies Act § 4-15 second and third paragraph and § 4-19 first paragraph.

§ 17. Authorities for the King to issue further rules for implementing works and decisions to make exceptions from debt duck Regulatory King may issue further rules to ensure the implementation of decisions on boundary amendment under this Act.
When it gets counted as necessary to implement decisions on boundary change, the King also designed to make exceptions from debt duck rules in law or regulation. Exemption from the law must tie key to follow conditions:

A)
rules on statutory organ of the state, county or municipality

B)
rules of statutory deadlines, procedural rules, etc.

C)
rules on conditions and terms of arbeidstakarar in state, county or municipality

D)
rules about deadlines and conditions to demand a into eigedomsskatt

E)
rules about the built verande municipal period and about samansetjing by the council, so that municipalities can choose council in the new municipality from among the municipal bypass self and shorten the municipal period for those who have not been selected. Dei same exception can be done for county tinga.

Chapter V. Financial settlement by LIMIT and sharing of municipalities and counties

§ 18. Agreement on economic finality By LIMIT and sharing of municipalities and counties shall be carried out in such economic settlement between municipalities and counties, if they can not find it unnecessary. The municipalities can ask the County for help in negotiating ein agreement on the economic oppgjeret.
If the parties do not become our joint about the economic oppgjeret shall be carried out in such at discretion. By judgment shall rules in §§ 19 to 22 be the basis.

§ 19. Limit adjustment is a region separated from a commune or selection in the county and added that another municipality or Another county, the court as the first local authority has to roads, streets, bridges, public squares and annan management real estate that fully or very largely tener deceased area, be transmitted to the other local authority.
Annan real estate can ford cargo between the local authority, or påbydast new jointly, if this is a reasonable period and expedient out from municipal or county consideration. Gorgeous Tribunal, cf. § 23, determines in what circumstances the partition or cooperation will be superimposed, and can lay down more detailed terms.
Gorgeous Tribunal may be decided that the debt as a commune or county has the foundation in connection with purchase of or påkostnad on real estate as chronicled in the first and second paragraphs, in whole or in part shall be admitted over the local authority eigedommen are transmitted. Optionally be set out that the deceased local authority should pay compensation for eigedommen in pengar.
If no will fry special decision-making, the rights and obligations that do not are distributed by subsections of this section, be att at the origin doctor local authority.


§ 20. sharing agreements is a commune or selection in county divided, ref. § 3, second paragraph, shall § 19 subsection equivalent apply management real estate that fully or very largely tener one-specific area.
Annan real estate and other duties are shared among them local authority areas will be made to. The distribution will be made on the basis of a relationship stalling that has been calculated by tax revenues over the past five years in quarter of lands, with less discretion Tribunal of special grounds stipulates something else. So framt it is possible, should oppgjeret through harks follows:

1.
Real real estate is added to the local authority which must be deemed to be most directly komen to the fullest from people talet and inhabitants their needs and location as of eigedommen - also in relation to other plants.

2.
Debt is distributed in relation to dei translate medical values ​​that are being left out.

3.
Other receivables and obligations are being left out of the local authority as by the conditions are counted as approaching to acquire them.

4.
Construction with rights and obligations after the partition not have a reasonable period that someone single local authority takes over, you påbydast new jointly by two or more of the local authority.

Have someone local authority by the distribution of rights and duties frying over more or less than that which follows from relation random behavior, it should be Equalize in pengar.

§ 21. Compensation If ein local authority after it oppgjeret being conducted in accordance with §§ 19 or 20, will be substantially svekt financially, dockable of the local authority, where it is counted as a reasonable period, instruct pay compensation being paid with ein eingongssum or annual Ratar a specified transition period.

§ 22. Guarantee Municipal or county guarantee for debts or obligations that are linking to real property or business shall at the LIMIT and sharing be admitted over the local authority where eigedommen or business resides for boundary changes.
By sharing local authority shall warranties for debts or obligations that do not associate with real property or business, ford cargo among them new local authority for matters random behavior of the economic oppgjeret the total.

§ 23. Gorgeous Board and a higher authority board Municipal or county that is covered by the boundary change after this act may be innan one year after the decision is put into effect, requiring disclosure of the economic oppgjeret - or parts of it - should also be set at the discretion so framt parties first tried to quickly reach full consensus whether a financial settlement.
To lay down such a judgment nemner Ministry up a judgment tribunal of three members with deputies. The Tribunal shall have a function period of four years.
Where the parties can innan two months after they has taken in the Decision to judgment Tribunal, travel saka for a tribunal a higher authority for decision-making before finally. Ministry nemner up a higher authority Tribunal, which has three members with deputies. The Tribunal shall have a function period of four years.
LEADER committees which their deputies shall have dei Properties area that is lead-written for dommarar, cf. Court Act §§ 53 and 54, second paragraph. The rules of court Act Chapter 6 on disqualified cabinets debt equivalent for members of discretion Tribunal and a higher authority board. Ministry determines matter of disqualified cabinet for LEADER committees which their deputies. Elles are such issues settled by the deceased tribunal owner.

§ 24. Procedural and costs awarded at the discretion of the parties who travels a case for judgment tribunal for decision-making, will provide a study on their requirement and they actual conditions under which the requirement build upon. The Tribunal shall obtain viewpoint from counterparty and may otherwise instruct each of the parties to the comet with ytterlegare enlightenment. Gorgeous Tribunal should as early as possible convene the parties to the Jubilee where the matter will be discussed in the main feature and it otherwise becomes frying necessary decisions about the treatment of the case.
Gorgeous Tribunal and a higher authority board stipulates the issue of coverage of costs, among other things on the allocation of expenses between the parties when this synest reasonable period. Ministry responsible Remuneration and other expenses of the members of the committees. Ministry gives more detailed rules on Remuneration and expenses.

Chapter VI. Implementation of the decisions on merger and a decision in which a commune or selection in the county is divided, and in the specific Delane being made to other municipalities or county


§ 25. Joint municipal or county council meeting Having made the decision on merger of two or more municipalities or the sharing of municipalities as chronicled in § 3 second paragraph letter b shall Fylkesmannen snare possible call together for a joint meeting with regard to relevant municipality bypass. By amalgamation or division of municipalities as chronicled in § 3 second paragraph letter b kallar Ministry together municipal councils if municipalities opposition in different county. By amalgamation or division of the county as chronicled in § 3 second paragraph letter b kallar Ministry saman county tinga. The ministry may make exceptions from the requirement of such a joint meeting. At such meeting shall follow the issues discussed:

A)
proposed names for the new municipality or the new county

B)
count of members in the new council or county council

C)
criterion for samansetjing and functions common commission pursuant to § 26 of this Act

D)
val of Auditors for its activities in public Tribunal

E)
creation of any other public body to ensure implementation of the Amalgamation.

§ 26. Joint Board Upon amalgamation of municipalities or county municipalities and by division as chronicled in § 3 second paragraph letter b shall establish a joint committee to coordinate and take care of PREPARATION of Amalgamation or the partition. The Tribunal should flipped by innbyggjar random behavior of the individual municipalities or counties. There will still be a minimum of three members of the Board from each municipality or county. Joint Appeals Board will be elected by and from among the members of the council or the county council. Also members of the municipal council or county council may choose. Tribunal well self-owner and second owner. The provisions in the Municipal Act of val and procedures in people selected organ debt elles equivalent.
Local authority may also establish a joint party Composite Selection for municipal Act § 25 for the treatment of matters concerning the relationship between the new unit of that employer and the employees.
Joint Committee shall take care of it for general work on the economic plan and the budget for the first year after the merger or the partition as chronicled in § 3 second paragraph letter b, is seen in the works. The Tribunal shall include in its work period give declaration of provisional to the Ministry on annual budgets and financial plans for those municipalities or counties saka debt.
Other arbeidsoppgåver and powers of the Tribunal will determine the rules that must be adopted in all municipal councils or county tinga. Where the local authority may ask the Ministry to take decision-making on such issues if it is not possible to quickly reach full consensus.
Tribunal may obtain authorization to tilsetje staff of the new unit of. This encompasses also recruiting of Administration and auditors. Recruiting staff of auditors is based on the recommendation of the Control Committee. The Tribunal may also be given the authority to vidar lead participation in inter-municipal cooperation on audit or escalated the deal with annan auditor. Similarly Ande debt for the Secretariat for control selection. Such resolution occurs after the recommendation of the Control Committee.
Joint Appeals Board may give EiT work selection authority to take decisions in individual cases or in matters not of fundamental nature.
The provisions in the Municipal Act of meetings and to speak for the mayor, the leader of communal councils or county executive, head of administration and adding debt equivalent to the Tribunal. The provisions of § 59 of lovleg control debt equivalent to decisions joint committee tek.
Function Period joint committee goes out when the new municipal or county council is acting pursuant to the rules in § 27

§ 27. Appointment of new municipal or county council When it is completed val to municipal or county during September monthly year before a merger or division as chronicled in § 3 second paragraph letter b, is seen in the works, it should nyvalte municipal or county council be called together for inaugural meeting by the end of October month. Leader and the joint committee skulls together and rent the meeting until a new mayor is elected. Elles debt rules in the Municipal Act § 17 Nos. 1 to 3 in the inaugural meeting oa in municipal and county councils.
Function period for municipal and county councils in dei municipalities and counties to be slåast together, lasts until the time of iverksetjing of Amalgamation or the partition as chronicled in § 3 second paragraph letter b. Deira responsibilities and authorities are still restricted to what is necessary for to end the agency's activities for the existing entities.

§ 28. Lovleg Control Ministry can supervise lovleg Openingtimes budget decisions in municipalities and counties when study on amalgamation or division as chronicled in § 3 second paragraph letter b, are going.

Chapter VII. Iverksetjing. Transition Rules, repealing other laws

§ 29. Iverksetjing etc. Act shall come into force from the time of King fastset.1

From the same time, the law amending the municipal division on December 21, 1956 no. 3 be called off.

§ 30. Transitional Rules That ahead financially settlement between municipalities pursuant to the rules of the Law of 21 December 1956 no. 3, oppgjeret End key after chronicled law Chapter II if not the parties are our joint to enclose the rules in this Act to shallow. Cases that are pending before the judgment tribunal or a higher authority board, is closed in accordance with the rules in the chronicled Act.