Local Government Act 1972

Proposals by Local Government Boundary Commission for England E+W

46 Local Government Boundary Commisssion for England. E+W

(1) There shall be a Local Government Boundary Commission for England (in this Act referred to as “the English Commission”) who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 7 to this Act shall have effect with respect to the English Commission.

47 Proposals for changes in local government areas in England. E+W

(1) Subject to subsections (2) and (3) below, the English Commission may in consequence of a review conducted by them or a district council under this Part of this Act make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):—

(a) the alteration of a local government area;

(b) the constitution of a new local government area of any description outside Greater London by the amalgamation of two or more such areas of the like description or by the aggregation of parts of such areas of the like description or by the separation of part of such an area of the like description;

(c) the abolition of a principal area of any description outside Greater London and its distribution among other areas of the like description;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(e) the constitution of a new London borough by the amalgamation of two or more London boroughs or by the aggregation of parts of London boroughs or by the separation of part of a London borough;

(f) the abolition of a London borough and the distribution of its area among other London boroughs;

(g) the constitution of a new parish by—

(i) the establishment of any area which is not a parish or part of one as a parish; or

(ii) the aggregation of the whole or any part of any such area with one or more parishes or parts of parishes;

(h) the abolition of a parish with or without the distribution of its area among other parishes;

(i) a change of electoral arrangements for any local government area . . . F2 which is either consequental on any change in local government areas proposed under the foregoing paragraphs or is a change (hereafter in this Part of this Act referred to as a substantive change) which is independent of any change in local government areas so proposed.

(2) The English Commission shall not make any proposals to the Secretary of State under this section for a substantive change of electoral arrangements for a parish except in accordance with section 50(7) below.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

[F4 (4) For the purposes of subsection 1(b) and (c) above metropolitan and non-metropolitan districts are areas of a like description.]

Textual Amendments

F1 S. 47(1)(d) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F2 Words (inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 Pt. II para. 2(2)) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F3 S. 47(3) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F4 S. 47(4) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 16 para. 4

48 Duty and power to review local government areas in England. E+W

(1) Subject to subsection (2) and section 49(5) below, it shall be the duty of the English Commission not less than ten or more than fifteen years after 1st April 1974 and thereafter at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection to review—

(a) all [F5 non-metropolitan] counties in England, all metropolitan districts and all London boroughs;

(b) the boundaries between Greater London and the counties adjoining it and between the City and the London boroughs adjoining it [F5 and between each of the metropolitan counties and the non-metropolitan counties adjoining it];

for the purpose of considering whether or not to make such proposals in relation to all or any, or any part, of those areas or boundaries as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may by direction given to the English Commission vary the length of any interval specified in subsection (1) above either as respects the whole review or as respects any particular case or class of case.

(3) At a time when the English Commission are not conducting a review under subsection (1) above, they may, subject to section 49(5) below, review all or any, or any part, of the areas mentioned in subsection (1)(a) above or of the boundaries mentioned in subsection (1)(b) above for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) If the English Commission receive a request from a local authority or parish meeting that the Commission should conduct a review under subsection (3) above with respect to any area or boundary in England in which the authority or meeting appear to the Commission to be interested, the Commission shall consider the request.

(5) Subject to section 49(5) below, it shall be the duty of the English Commission to keep under review all non-metropolitan districts for the purpose of considering whether or not to make such proposals in relation to any such districts as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made to them by any local authority or parish meeting appearing to the Commission to be interested in any such district that the Commission should make such proposals, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(6) In any case where the Secretary of State has made an order under section 1 of the M1 New Towns Act 1965 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the English Commisssion a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission, subject to section 49(5) below, to review the areas of those districts for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(7) Subject to section 49(5) below, the English Commission may at any time review the boundaries between the Inner Temple or the Middle Temple and the City or the City of Westminster for the purpose of considering whether or not to make such proposals with respect to any such boundaries as are authorised by section 47 above and what proposals, if any, to make and shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made with respect to any such boundaries by the Common Council, the Council of the City of Westminster, the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(8) Subject to section 49(5) below, it shall be the duty of the council for each district in England to keep the whole of their district under review for the purpose of considering whether or not to make recommendations to the English Commission for such proposals with respect to the constitution of new parishes, the abolition of parishes or the alteration of parishes in their district as are authorised by section 47 above and what recommendations, if any, to make and the council shall, unless to do so would in their opinion impede the proper discharge of their functions under this Part of this Act, consider any request made with respect to any of those matters by any parish council or parish meeting appearing to the district council to be interested, and the district council shall from time to time report to the Commission accordingly.

(9) The English Commission shall consider any report made under subsection (8) above with respect to any district in England and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 47 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

Textual Amendments

F5 Word(s) inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 16 para. 5

Marginal Citations

M1 1965 c. 59.

49 Power of Secretary of State to direct holding or postponement of reviews. E+W

(1) The Secretary of State may direct the English Commission to conduct a review of the principal areas in England as a whole, or of any one or more local government areas or parts of such areas in England, for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 47 above and what proposals, if any, to make and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may, at the request of the English Commission or otherwise, direct the council of a district in England to conduct a review of the whole or any part of their district for the purpose of considering whether or not to make recommendations to the Commission for such proposals with respect to the constitution of new parishes, the abolition of parishes or the alteration of parishes in their district as are authorised by section 47 above and what recommendations, if any, to make, and to report to the Commission accordingly within a period specified in the direction.

(3) The English Commission shall consider any report made under subsection (2) above with respect to any district in England and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 47 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) If a district council fail within the period specified in a direction under subsection (2) above to submit a report to the English Commission, the Secretary of State may direct the English Commission to conduct the review which the district council were directed to conduct for the purpose of considering whether or not to make any such proposals as aforesaid and what, if any, proposals to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) The Secretary of State may direct—

(a) the English Commisssion not to undertake during a specified period a review of any one or more local government areas or parts of such areas, or boundaries between such areas, which the Commission have the duty or power to review under section 48 above; and

(b) a district council not to undertake during a specified period a review of the whole or any specified part of their district which they have power to review under that section.

50 Substantive changes in electoral arrangements. E+W

(1) No review shall be conducted under section 48 or 49 above for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the English Commission not less than ten or more than fifteen years after the completion of the initial review of the electoral arrangements for counties under Schedule 9 below and thereafter, so far as is reasonably practicable, at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection in relation to the area in question, to review the electoral arrangements for every principal area in England . . . F6 for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(3) Without prejudice to subsection (2) above, the English Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a principal area in England . . . F6 for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) It shall be the duty of the council of each district in England to keep under review the electoral arrangements for the parishes (if any) in their district for the purpose of considering whether or not to make substantive changes in those arrangements and what changes, if any, to make, and the council shall consider any request made with respect to those arrangements by the council for, or not less than thirty local government electors of, any parish appearing to the district council to be likely to be affected by those changes, and the district council may, if they think fit, make an order giving effect to those changes.

(5) The English Commission may, on a request made by the council for, or not less than thirty local government electors of, any parish, review the electoral arrangements for the parish for the purpose of considering whether or not to make proposals to the district council for an order under subsection (6) below changing those arrangements and what proposals, if any, to make, and may, if they think fit, formulate such proposals and send them to the district council accordingly.

(6) Where a district council have received proposals from the English Commission under subsection (5) above for an order under this subsection they may, if they think fit, make the order proposed or may suggest modifications to the proposals and, where the Commission agree to the modifications suggested, may make the order with those modifications.

(7) If after receiving any such proposals a district council inform the English Commission that in their opinion the order proposed should not be made (whether with or without modifications) or, if within six months of receiving any such proposals the district council have not made the order proposed (whether with or without modifications), the Commission may report that fact to the Secretary of State and make to him the proposals which they made to the district council.

(8) No representations shall be made after the passing of this Act under paragraph 1 of Part III of Schedule 1 to the 1963 Act (consideration of electoral arrangements for London boroughs).

Textual Amendments

F6 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), S. 19(5)(6), Sch. 9 Pt. II para. 2(3) and repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7),l 235(6), 237(2), Sch. 13 Pt. I

51 Commission’s reports and their implementation. E+W

(1) Where the English Commission have—

(a) in accordance with section 48 or 49 above been conducting a review of any area or considering any recommendations made by a district council; or

(b) in accordance with section 50 above been conducting a review of electoral arrangements on which they have a power or duty to formulate proposals to, or submit a report to, the Secretary of State;

and in either case are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it or any of the recommendations, they shall submit a report to him on the review or that part or those recommendations, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3) If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4) Any statutory instrument containing an order under this section which alters the area of a county, district or London borough, the City, the Inner Temple or the Middle Temple or abolishes a county, district or London borough shall be subject to annulment in pursuance of a resolution of either House of Parliament.

52 Directions about reviews. E+W

(1) The Secretary of State may give the English Commission or the council of a district in England directions for their guidance in conducting reviews under section 48, 49 or 50 above and making proposals or recommendations or considering substantive changes in electoral arrangements in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(2) A direction shall not be given under subsection (1) above with respect to all reviews, reviews of any class or a single review of all or any class of the principal areas in England except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(3) The Secretary of State may give directions to the English Commission with respect to the order in which areas or electoral arrangements are to be reviewed by them under any provision of section 48 or 49 above.