Part 2

Local government reviews

Reviews

Local government review
13
1
If the Secretary of State is considering whether to cause a referendum to be held in a region about the establishment of an elected assembly for the region, he may direct the Boundary Committee for England—
a
to carry out a local government review of the region;
b
to make recommendations as to the matters considered by the review.
2
But the Secretary of State must not give a direction unless he has considered the level of interest in the region in the holding of a referendum.
3
If at any time the Secretary of State is considering whether to cause a referendum to be held in two or more regions he may consider (for the purpose of deciding in respect of which (if any) regions to give a direction) any differences in the levels of interest in the different regions in the holding of a referendum.
4
For the purposes of subsections (2) and (3) the Secretary of State must consider—
a
views expressed and information and evidence provided to him;
b
such published material as he thinks appropriate.
5
For the purposes of deciding in respect of which (if any) regions to give a direction the Secretary of State may also consider—
a
the effects he thinks the carrying out of a local government review will have on the relevant local authorities (taken as a whole) in the region;
b
differences in the effects he thinks the carrying out of local government reviews will have on the relevant local authorities (taken as a whole) in different regions;
c
the implications for the Boundary Committee of the making of directions in respect of two or more regions at the same time or in close proximity of time;
d
the resources needed for the Boundary Committee to carry out local government reviews;
e
whether the Boundary Committee have made any recommendations in respect of a region in pursuance of an earlier direction under this section.
6
For the purposes of subsection (5)(a) and (b) the Secretary of State—
a
must have regard (in particular) to the number of relevant local authorities in a region and the number of people living in the areas of those authorities;
b
must ignore any effect of the implementation of recommendations of the Boundary Committee following a review.
7
It is immaterial that anything done for the purposes of subsection (4) or (5) is done before the passing of this Act.
8
A direction may require the Boundary Committee—
a
to start the review not later than a specified date;
b
to make their recommendations not later than a specified date.
9
But the Secretary of State must not give a direction containing such requirements unless he has consulted the Boundary Committee as to the dates he proposes to specify.
10
A direction under this section may be varied or revoked by a subsequent direction.
Act repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 146, 148, Sch. 7 Pt. 4; S.I. 2009/3318, art. 4