Local Government and Rating Act 1997

9 Reviews of parishes by local authorities. E+W

(1) A district council, or a unitary county council, may conduct a review of the whole or any part of their area for the purpose of considering whether or not to make any recommendations within subsection (2) to the Secretary of State and (if they decide to do so) what recommendations.

(2) The recommendations which the council may make following the review are recommendations for—

(a) the constitution of a new parish by—

(i) the establishment as a parish of any area which is not, and is not part of, a parish,

(ii) the aggregation of any such area with one or more parishes or parts of parishes,

(iii) the aggregation of parts of parishes,

(iv) the amalgamation of two or more parishes, or

(v) the separation of part of any parish,

(b) the abolition of a parish, with or without the distribution of its area among other parishes, or

(c) the alteration of the area of a parish.

(3) Subject to subsection (4), if the council make any recommendation for the constitution of a new parish, they must include recommendations for—

(a) the establishment of a new parish council for the parish, F1 . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (3A) Where the council make recommendations under subsection (3) they must also make proposals to the Electoral Commission for the electoral arrangements for the new parish council.]

(4) If the population of a new parish recommended by the council would include fewer than 200 local government electors, the council may include the recommendations mentioned in subsection (3), [F3 or make the proposals mentioned in subsection (3A),] but are not under a duty to do so.

(5) If the council make a recommendation for the alteration of the area of a parish which has a parish council, they may [F4 make proposals to the Electoral Commission] for changes to the electoral arrangements for the council.

(6) If the council make any recommendation within subsection (2), they may [F4 make proposals to the Electoral Commission] for the related alteration of the boundaries of any electoral division of a county, or ward of a district, within their area and any consequential alteration in the number of councillors to be elected for the ward.

Annotations:

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Amendments (Textual)

F1 Words in s. 9(3) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 9, Sch. 2 para. 3(2)

F2 S. 9(3A) inserted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 3(3)

F3 Words in s. 9(4) inserted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 3(4)

F4 Words in s. 9(5)(6) substituted (1.4.2002) by S.I. 2001/3962, art. 9, Sch. 2 para. 3(5)(6)