Part I E Local Government Areas and Authorities in England

Extent Information

E1 Part I (ss. 1-19) extends to England only: see s. 19

Parishes E

9 Parish meetings and councils. E

(1) For every parish there shall be a parish meeting for the purpose of discussing parish affairs and exercising any functions conferred on such meetings by any enactment and, subject to the provisions of this Act or any instrument made thereunder, for every parish or group of parishes having a parish council before 1st April 1974 there shall continue to be a parish council.

F1 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subject to any order under [F3 section 10 or 11 below [F4 Part II of the Local Government Act 1992 or [F5 section 86 of the Local Government and Public Involvement in Health Act 2007]]], there shall be a separate parish council for—

(a) every parish which immediately before the passing of this Act was a borough included in a rural district;

(b) every parish which immediately before the passing of this Act was co-extensive with a rural district;

(c) every parish established by paragraph 1 of Part IV of Schedule 1 to this Act;

(d) every parish to which part of another parish is added by paragraph 2 of the said Part IV and which immediately before the passing of this Act had no parish council; and

(e) every parish constituted under Part V of Schedule 1 to this Act.

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An order shall not be made under [F7 section 86 of the Local Government and Public Involvement in Health Act 2007] establishing a separate parish council for a parish grouped under a common parish council unless by that order or an order under section 11(4) below the parish is separated from the group or the group is dissolved, and where the group is not dissolved, the order under [F8 section 86 of the 2007 Act] shall make such provision as appears to the district council to be necessary for the alteration of the parish council of the group.

Textual Amendments

F1 S. 9(2) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(2) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F2 S. 9(3) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(2) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(a))

F3 Words in s. 9(4) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 8; S.I. 1992/2371, art. 2

F4 Words in s. 9(4) substituted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(3)

F5 Words in s. 9(4) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 2(2); S.I. 2008/337, art. 2(b)(c)

F6 S. 9(5) omitted (19.5.1997) by 1997 c. 29, ss. 33(1), 34(2), Sch. 3 para. 6(2) (and expressed to be repealed (18.3.1998) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1998/694, art. 2(c))

F7 Words in s. 9(6) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 2(3)(a); S.I. 2008/337, art 2(b)(c)

F8 Words in s. 9(6) substituted (13.2.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 101, 245, Sch. 5 para. 2(3)(b); S.I. 2008/337, art 2(b)(c)

Modifications etc. (not altering text)

C1 S. 9 excluded by S.I. 1979/1123, art. 4(2)