Part 1 Structural and boundary change in England

Chapter 1 Structural and boundary change

Change from two tiers to single tier of local government

1 “Principal authority” and “single tier of local government”

(1) For the purposes of this Chapter, each of the following is a “principal authority”—

(a) a county council in England;

(b) a district council in England.

(2) For the purposes of this Chapter there is “a single tier of local government” for an area if—

(a) there is a county council and no district councils for that area; or

(b) there is a district council and no county council for that area.

(3) For the purposes of subsection (2)(b) there is a county council “for” an area which is a district if there is a county council which has in relation to that area the functions of a county council.

2 Invitations and directions for proposals for single tier of local government

(1) The Secretary of State may invite or direct any principal authority to make one of the following proposals—

(a) a Type A proposal;

(b) a Type B proposal;

(c) a Type C proposal;

(d) a combined proposal.

(2) A Type A proposal is a proposal that there should be a single tier of local government for the area which is the county concerned.

(3) A Type B proposal is a proposal that there should be a single tier of local government for an area which—

(a) is currently a district, or two or more districts, in the county concerned; and

(b) is specified in the proposal.

(4) A Type C proposal is a proposal that there should be a single tier of local government for an area specified in the proposal which currently consists of—

(a) the county concerned or one or more districts in the county concerned; and

(b) one or more relevant adjoining areas.

(5) A combined proposal is a proposal that consists of—

(a) two or more Type B proposals,

(b) two or more Type C proposals, or

(c) one or more Type B proposals and one or more Type C proposals,

but a proposal is not a combined proposal if it includes any Type B or C proposals that are alternatives.

(6) In this section “the county concerned” means—

(a) in relation to a principal authority which is the council for a county, that county;

(b) in relation to a principal authority which is the council for a district, the county in which the district is.

(7) In this section a “relevant adjoining area” means an area which adjoins the county concerned and is currently a county in England, a district in England, or two or more such counties or districts.

(8) An invitation or direction may either—

(a) be such that the authority may choose whether to make a Type A, Type B, Type C or combined proposal; or

(b) specify which one of those kinds of proposal is invited (or, in the case of a direction, required).

(9) Subsection (1) is subject to section 3(1).

3 Invitations, directions and proposals: supplementary

(1) A direction under section 2—

(a) may not be given after 25 January 2008; and

(b) may be given on or before that date only where the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.

(2) A direction under section 2 may specify a date by which a proposal must be made.

(3) An invitation under section 2 may specify a date by which a proposal may be made.

(4) A proposal made by virtue of section 2 may not specify an area as one for which there should be a single tier of local government unless the whole or any part of that area is currently a two-tier area (as defined by section 23(2)).

(5) In responding to an invitation under section 2, or complying with a direction under that section, an authority must have regard to any guidance from the Secretary of State as to—

(a) what a proposal should seek to achieve;

(b) matters that should be taken into account in formulating a proposal.

(6) Where invitations or directions under section 2 are given to more than one authority, any authority that has received an invitation or direction may respond to the invitation, or comply with the direction, either by—

(a) making its own proposal in accordance with the invitation or direction; or

(b) making a proposal, in accordance with the invitation or direction, jointly with any of the other authorities.

(7) An invitation or direction under section 2 may be varied or revoked.

(8) But a direction under section 2 may not be varied after 25 January 2008 if—

(a) the direction as originally given required the making of a Type A or Type B proposal; and

(b) the direction as varied would require or permit the making of a Type C or combined proposal.

4 Request for Boundary Committee for England’s advice

(1) This section applies where the Secretary of State receives a proposal in response to an invitation or direction under section 2.

(2) The Secretary of State may request the Boundary Committee to advise, no later than a date specified in the request, on any matter that—

(a) relates to the proposal; and

(b) is specified in the request.

(3) The Secretary of State may at any time substitute a later date for the date specified in a request under subsection (2) (or for any date previously substituted under this subsection).

5 Boundary Committee’s powers

(1) This section applies where the Boundary Committee receive a request for advice under section 4.

(2) The Boundary Committee may provide the advice requested.

(3) Where they provide that advice, the Boundary Committee may also do any of the following that they think appropriate—

(a) recommend that the Secretary of State implements the proposal without modification;