Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. 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)
C3Pt. 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)
C4Pt. 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)
(1)The [F2Local Government Boundary Commission] 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 [F3Local Government Boundary Commission] 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 [F4Local Government Boundary Commission] 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 [F5Local Government Boundary Commission] 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.
[F6(6A)Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to any local government area, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to—
(a)the electoral arrangements of the area of a local authority;
(b)the electoral arrangements of the area of a parish council.
(6B)In subsection (6A)(a) “electoral arrangements”, in relation to the area of a local authority means—
(a)the total number of members of the local authority (“councillors”);
(b)the number and boundaries of electoral areas for the purposes of the election of councillors;
(c)the number of councillors to be returned by any electoral area in that area; and
(d)the name of any electoral area.
(6C)In subsection (6A)(b) “electoral arrangements”, in relation to the area of a parish council means—
(a)the total number of members of the parish council (“parish councillors”);
(b)arrangements for the division of the parish or (in the case of a common parish council) any of the parishes into wards for the purposes of the election of parish councillors;
(c)the number and boundaries of any wards;
(d)the number of parish councillors to be returned by any ward or, in the case of a common parish council, by each parish; and
(e)the name of any ward.
(6D)Schedule 2 to the Local Democracy, Economic Development and Construction Act 2009 applies in relation to the making of recommendations under subsection (6A).
(6E)Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to the area of a London borough council, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to the area of any constituency for the London Assembly in order to comply with the rules set out in paragraph 7 of Schedule 1 to the Greater London Authority Act 1999.]
(7)In exercising a function under [F7this section], a local authority or the [F8Local Government Boundary Commission] 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 [F9Local Government Boundary Commission] to do so provide the [F10Commission], by such date as the [F10Commission] may specify, with any information that the [F10Commission] may reasonably require in connection with any of their functions under this section.
Textual Amendments
F1Words in s. 8 heading substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 16(2); S.I. 2009/3318, art. 4(ff)
F2Words in s. 8(1) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 16(3); S.I. 2009/3318, art. 4(ff)
F3Words in s. 8(2) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 16(3); S.I. 2009/3318, art. 4(ff)
F4Words in s. 8(5) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 16(3); S.I. 2009/3318, art. 4(ff)
F5Words in s. 8(6) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 16(3); S.I. 2009/3318, art. 4(ff)
F6S. 8(6A)-(6E) inserted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 65(2), 148(3)(b); S.I. 2009/3318, art. 4(l)
F7Words in s. 8(7) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 65(3), 148(3)(b); S.I. 2009/3318, art. 4(l)
F8Words in s. 8(7) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 16(3); S.I. 2009/3318, art. 4(ff)
F9Words in s. 8(8) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 16(4)(a); S.I. 2009/3318, art. 4(ff)
F10Word in s. 8(8) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 16(4)(b); S.I. 2009/3318, art. 4(ff)
Commencement Information
I1S. 8 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)