Local Government and Public Involvement in Health Act 2007

Prospective

8 Review by Boundary Committee of local government areas E+W

(1) The Boundary Committee may, either on their own initiative or at the request of the Secretary of State or a local authority, conduct a review of one or more local government areas.

(2) Where they have conducted a review under this section the Boundary Committee may (subject to subsection (4)) recommend to the Secretary of State such boundary change as in consequence of the review seems to them desirable.

(3) For the purposes of this section “boundary change” means any of the following or any combination of the following—

(a) the alteration of a local government area boundary;

(b) the abolition of a local government area;

(c) the constitution of a new local government area.

(4) None of the following may be recommended under this section—

(a) a change consisting of the alteration of the boundary of a single-tier area and consequent abolition of an area that is currently two-tier;

(b) a change consisting of the alteration of the boundary of a two-tier area and consequent abolition of an area that is currently single-tier;

(c) a change consisting of the constitution of a new local government area and consequent abolition of an existing local government area, where the new local government area would include—

(i) the whole or part of any area that is currently single-tier; and

(ii) the whole or part of any area that is currently two-tier;

(d) a change consisting of the alteration of a local government area, or constitution of a new local government area, where the altered or new area would extend into an area that is currently outside all local government areas;

(e) a change whose effect would be that England (excluding the Isles of Scilly, the City of London, the Inner Temple and the Middle Temple) is no longer divided into areas each of which is—

(i) a county divided into districts, or comprising one district; or

(ii) a London borough.

(5) Where the Boundary Committee have conducted a review under this section and consider that no boundary change is desirable, they may recommend to the Secretary of State that no boundary change should be made.

(6) In considering whether (and, if so, what) boundary change is desirable, the Boundary Committee must have regard to—

(a) the need to secure effective and convenient local government; and

(b) the need to reflect the identities and interests of local communities.

(7) In exercising a function under subsection (1), (2), (5) or (6), a local authority or the Boundary Committee must have regard to any guidance from the Secretary of State about the exercise of that function.

(8) A local authority must if requested by the Boundary Committee to do so provide the Boundary Committee, by such date as the Boundary Committee may specify, with any information that the Boundary Committee may reasonably require in connection with any of their functions under this section.