The Local Government (Parishes and Parish Councils) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

Part II of the Local Government and Rating Act 1997 (“the 1997 Act”) authorises district councils and unitary county councils to review their areas and make recommendations to the Secretary of State for the abolition or alteration of any existing parish, or the creation of a new parish, in their area. It also requires a district council or unitary county council which has received a valid petition for the creation as a parish of an unparished area and for the establishment of a parish council to pass the petition to the Secretary of State for his consideration. Section 14 of the 1997 Act enables the Secretary of State to make orders by statutory instrument giving effect to such recommendations and petitions (and with or without modification).

These Regulations make incidental, consequential, transitional and supplementary provision of general application for the purposes of, and in consequence of, orders under section 14 of the 1997 Act. The Regulations apply subject to the provisions of the individual orders (as provided by section 15(2) of the 1997 Act) and to any agreements made by the councils affected by the orders under section 20 of the Local Government Act 1992 (which is applied to orders under section 14 of the 1997 Act by section 23(9) of that Act).

The Regulations deal with the distribution of property, rights and liabilities of parish councils affected by an order; the continuity of certain general and local matters; transitional issues including those affecting councillors, staff and charter trustees; and other matters, such as accounts and audit and the minutes of last meetings of parish councils which cease to exist in consequence of orders. Regulation 17 amends the Charter Trustee Regulations 1996 by omitting regulation 18, which is superseded by regulation 16 of these Regulations.