§ Lord Brougham and Vaux
asked Her Majesty's Government:
Whether they intend to appeal against the ruling of the High Court on 6 October 1995 that their decision to abolish Berkshire County Council and transfer its functions to the six existing district councils was invalid in so far as it concerns the transfer of functions to the borough of Bracknell Forest and the Royal Borough of Windsor and Maidenhead.
The Minister of State, Department of the Environment (Earl Ferrers)
The court ruling was not a judgment on the merits of the decision of the Secretary of State for the Environment on the structure of local government in Berkshire. It turned on a point of interpretation of the Local Government Act 1992 which the Secretary of State feels needs to be tested further. Leave to appeal was granted by the High Court, and the Secretary of State will be serving Notice of Appeal to enable the matter to be argued further in the Court of Appeal. The Secretary of State will not lay the Berkshire (Structural Change) Order before Parliament while the appeal is proceeding.