Local Government Act 1972

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

(1) Where the Welsh Commission have—

(a) in accordance with section 55 or 56 above been conducting a review of any area or considering any recommendations made by a [F1 principal] council; or

(b) in accordance with section 57 above [F2 or in accordance with a direction under section 167 of the Local Government (Wales) Measure 2011] 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 Welsh 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.

[F3 (3A) The Secretary of State shall exercise his power to make orders under this section in relation to police areas in such a way as to ensure that no county or county borough is divided between two or more police areas.]

[F4 (4) Any statutory instrument containing an order under this section which—

(a) alters the area of a principal council,

(b) alters the area of a preserved county, or

(c) abolishes a principal area,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Word in s. 58(1) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 11(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F2 Words in s. 58(1)(b) inserted (31.8.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 168(2), 178(3); S.I. 2011/2011, art. 2(s)

F3 S. 58(3A) inserted (1.4.1995) by 1994 c. 29, s. 40(3); S.I. 1994/3262, art. 4(1), Sch.

F4 S. 58(4) substituted (24.10.1994) by 1994 c. 19, s. 66(5), Sch. 15 para. 11(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2790, art. 2(1), Sch.

Modifications etc. (not altering text)

C1 S. 58: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

C2 S. 58(1) excluded by S.I. 1986/553, art. 3(1)