Boundary change
Section 8: Review by Boundary Committee of local government areas
44.Section 8 allows the Boundary Committee to conduct a review of one or more local government areas and as a result recommend a boundary change to the Secretary of State. The Boundary Committee may conduct this review either on its own initiative or at the request of the Secretary of State or a local authority.
45.Subsection (3) defines the term “boundary change” as an alteration of a local government area boundary, and/or the abolition of a local government area, and/or the constitution of a new local government area.
46.Subsection (4) specifies the type of recommendations for change that are not allowed under this section. These are:
alteration of a boundary of a single tier area or London borough which will result in the abolition of a two-tier area;
alteration of a two-tier area which will result in the abolition of a single tier area or London borough;
the constitution of a new local government area and resultant abolition of an existing local government area where the new area includes a combination of the whole or part of a single tier area, or London borough, and the whole or part of a two-tier area;
the alteration of a local government area or creation of a new local government area that would extend into an area that is currently outside all local government areas. This means that the recommendation for boundary change may not extend an area into Wales, the City of London or the Temples.
the alteration of any local government area that results in a change to the overall pattern of local government in England. Proposals must ensure the existing pattern, comprising wholly of counties divided into districts, counties comprising one district or London boroughs, is retained (with the exception of the Isles of Scilly, the City of London, the Inner Temple and the Middle Temple which do not reflect this pattern).
47.Subsection (5) allows the Boundary Committee to recommend to the Secretary of State that no change should be made where they consider this to be desirable.
48.Subsection (6) ensures that when the Boundary Committee are considering whether (or if so what) boundary change is necessary they must have regard to:
the need to secure effective and convenient local government; and
the need to reflect the identities and interests of local communities.
49.Subsection (7) requires the Boundary Committee to have regard to any guidance issued by the Secretary of State in exercising its functions of conducting a boundary review, in having regard to the matters at subsection (6) when considering whether boundary change is desirable and in recommending boundary change, or no change. Similarly, a local authority must have regard to any guidance issued by the Secretary of State when requesting the Boundary Committee to conduct a boundary review.
50.Subsection (8) requires a local authority, where requested to do so, to provide any information that the Boundary Committee may reasonably require in undertaking a review. The information must be provided by such date as the Boundary Committee may specify.
Section 9: Boundary Committee’s review: consultation etc
51.This section sets out the procedure to be followed by the Boundary Committee when carrying out a review of a local government area.
52.Subsection (2) requires the Boundary Committee to consult the council of the local government area that is being reviewed and other local authorities, parish councils or other persons it believes to have an interest.
53.Subsection (3) provides that before the Boundary Committee makes a recommendation, it must publish a draft of the recommendation and take steps they consider sufficient to inform those persons that may have an interest of the recommendation of it, and of the length of time that they have to make representations on the recommendation to the Committee.
54.Subsection (4) requires the Boundary Committee to take into account any representations that it receives within the specified period. Where the Committee makes a recommendation to the Secretary of State it must inform all persons who made representations in relation to the recommendation. It must also inform them that if they wish to make representations to the Secretary of State about the recommendation they have four weeks from the date that the recommendation was sent by the Boundary Committee to the Secretary of State.
Section 10: Implementation of recommendations by order
55.Section 10 provides that, following a recommendation by the Boundary Committee to the Secretary of State for boundary change, the Secretary of State may implement the recommendation with or without modification by order. The Secretary of State may also decide to take no action or request a further review.
56.Subsection (2) provides that, where the Boundary Committee makes a recommendation for no boundary change, the Secretary of State may if he so chooses make a request for a further review under section 8.
57.The Secretary of State must allow 6 weeks from the date that the recommendation was sent to him before making an order, a decision to take no action or a decision to request a further review. This is to allow time for representations to be made directly to the Secretary of State and for him to consider them.
58.Subsection (4) allows the Secretary of State, when he receives a recommendation from the Boundary Committee, to make a request to the Boundary Committee to supply him with information or advice on any matter relating to the recommendation.
