Part 1Structural and boundary change in England
C1C2C3C4Chapter 1Structural and boundary change
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Somerset West and Taunton (Modification of Boundary Change Enactments) Regulations 2018 (S.I. 2018/638), regs. 1, 3 (with reg. 4)
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Dorset (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2018 (S.I. 2018/636), regs. 1, 3 (with reg. 4)
Pt. 1 Ch. 1 applied (with modifications) (22.2.2019) by The Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019 (S.I. 2019/332), regs. 1, 3(a) (with reg. 5)
Change from two tiers to single tier of local government
I13Invitations, 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.
Pt. 1 Ch. 1: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(1), 148(3)(b) (with s. 63(3)); S.I. 2009/3318, art. 4(i)