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Local Government and Rating Act 1997

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This is the original version (as it was originally enacted).

21Consultation with parish councils

(1)Where a county council or a district council are to consider any proposal relating to a matter designated for the purposes of this subsection, the council must—

(a)afford parish councils within their area an opportunity to make representations to them about the proposal,

(b)before taking any decision in relation to the proposal, take into account any representations about the proposal made to them by any parish council within their area, and

(c)when they take a decision with respect to the proposal, notify without delay any parish council within their area by whom any representations about the proposal have been made.

(2)If a parish council have given written notice to a county council or district council whose area they are within—

(a)that they wish to be consulted about a specified proposal to be considered by the council which relates to a matter designated for the purposes of this subsection, or

(b)that they wish to be consulted about any proposal to be considered by the council which relates to such a matter,

the county council or district council must take the steps mentioned in subsection (1) in relation to that parish council.

(3)An order under this section may prescribe circumstances (including, in particular, the need to act with urgency) in which subsections (1) and (2) do not apply.

(4)A contravention of the duty imposed by subsection (1) or (2) does not affect the validity of any decision of a county council or district council or of anything done in pursuance of any such decision.

(5)For the purposes of this section, a parish council is within the area of a county council or district council if—

(a)the parish is situated within the county or (as the case may be) the district, or

(b)where it is the council of a group of parishes, the area of the group is situated wholly or in part within the county or (as the case may be) the district.

(6)In this section “designated” means designated by an order made by the Secretary of State.

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