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Local Government and Public Involvement in Health Act 2007

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U.K.

Local Government and Public Involvement in Health Act 2007

2007 CHAPTER 28

An Act to make provision with respect to local government and the functions and procedures of local authorities and certain other authorities; to make provision with respect to persons with functions of inspection and audit in relation to local government; to establish the Valuation Tribunal for England; to make provision in connection with local involvement networks; to abolish Patients' Forums and the Commission for Patient and Public Involvement in Health; to make provision with respect to local consultation in connection with health services; and for connected purposes.

[30th October 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1E+WStructural and boundary change in England

Chapter 1E+WStructural and boundary change

Change from two tiers to single tier of local governmentE+W

1“Principal authority” and “single tier of local government”E+W

(1)For the purposes of this Chapter, each of the following is a “principal authority”—

(a)a county council in England;

(b)a district council in England.

(2)For the purposes of this Chapter there is “a single tier of local government” for an area if—

(a)there is a county council and no district councils for that area; or

(b)there is a district council and no county council for that area.

(3)For the purposes of subsection (2)(b) there is a county council “for” an area which is a district if there is a county council which has in relation to that area the functions of a county council.

Commencement Information

I1S. 1 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

2Invitations and directions for proposals for single tier of local governmentE+W

(1)The Secretary of State may invite or direct any principal authority to make one of the following proposals—

(a)a Type A proposal;

(b)a Type B proposal;

(c)a Type C proposal;

(d)a combined proposal.

(2)A Type A proposal is a proposal that there should be a single tier of local government for the area which is the county concerned.

(3)A Type B proposal is a proposal that there should be a single tier of local government for an area which—

(a)is currently a district, or two or more districts, in the county concerned; and

(b)is specified in the proposal.

(4)A Type C proposal is a proposal that there should be a single tier of local government for an area specified in the proposal which currently consists of—

(a)the county concerned or one or more districts in the county concerned; and

(b)one or more relevant adjoining areas.

(5)A combined proposal is a proposal that consists of—

(a)two or more Type B proposals,

(b)two or more Type C proposals, or

(c)one or more Type B proposals and one or more Type C proposals,

but a proposal is not a combined proposal if it includes any Type B or C proposals that are alternatives.

(6)In this section “the county concerned” means—

(a)in relation to a principal authority which is the council for a county, that county;

(b)in relation to a principal authority which is the council for a district, the county in which the district is.

(7)In this section a “relevant adjoining area” means an area which adjoins the county concerned and is currently a county in England, a district in England, or two or more such counties or districts.

(8)An invitation or direction may either—

(a)be such that the authority may choose whether to make a Type A, Type B, Type C or combined proposal; or

(b)specify which one of those kinds of proposal is invited (or, in the case of a direction, required).

(9)Subsection (1) is subject to section 3(1).

Commencement Information

I2S. 2 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

3Invitations, directions and proposals: supplementaryE+W

(1)A direction under section 2—

(a)may not be given after 25 January 2008; and

(b)may be given on or before that date only where the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.

(2)A direction under section 2 may specify a date by which a proposal must be made.

(3)An invitation under section 2 may specify a date by which a proposal may be made.

(4)A proposal made by virtue of section 2 may not specify an area as one for which there should be a single tier of local government unless the whole or any part of that area is currently a two-tier area (as defined by section 23(2)).

(5)In responding to an invitation under section 2, or complying with a direction under that section, an authority must have regard to any guidance from the Secretary of State as to—

(a)what a proposal should seek to achieve;

(b)matters that should be taken into account in formulating a proposal.

(6)Where invitations or directions under section 2 are given to more than one authority, any authority that has received an invitation or direction may respond to the invitation, or comply with the direction, either by—

(a)making its own proposal in accordance with the invitation or direction; or

(b)making a proposal, in accordance with the invitation or direction, jointly with any of the other authorities.

(7)An invitation or direction under section 2 may be varied or revoked.

(8)But a direction under section 2 may not be varied after 25 January 2008 if—

(a)the direction as originally given required the making of a Type A or Type B proposal; and

(b)the direction as varied would require or permit the making of a Type C or combined proposal.

Commencement Information

I3S. 3 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

4Request for [F1Local Government Boundary Commission's] adviceE+W

(1)This section applies where the Secretary of State receives a proposal in response to an invitation or direction under section 2.

(2)The Secretary of State may request the [F2Local Government Boundary Commission] to advise, no later than a date specified in the request, on any matter that—

(a)relates to the proposal; and

(b)is specified in the request.

(3)The Secretary of State may at any time substitute a later date for the date specified in a request under subsection (2) (or for any date previously substituted under this subsection).

Textual Amendments

Commencement Information

I4S. 4 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

5 [F3Local Government Boundary Commission's] powersE+W

(1)This section applies where the [F4Local Government Boundary Commission] receive a request for advice under section 4.

(2)The [F5Local Government Boundary Commission] may provide the advice requested.

(3)Where they provide that advice, the [F6Local Government Boundary Commission] may also do any of the following that they think appropriate—

(a)recommend that the Secretary of State implements the proposal without modification;

(b)recommend that he does not implement it;

(c)make an alternative proposal to him.

(4)In subsection (3)(a) “the proposal” means the Type A, Type B, Type C or combined proposal to which the request for advice related.

(5)In subsection (3)(c) “an alternative proposal” means—

(a)a proposal that there should be a single tier of local government for an area that—

(i)is, or includes, the whole or part of the county concerned; and

(ii)is specified in the alternative proposal; or

(b)a proposal consisting of two or more proposals that are within paragraph (a) (and are not alternatives to one another).

(6)In this section “the county concerned” means—

(a)the county that, under section 2(6), is the county concerned in relation to the authority which made the proposal referred to in subsection (4) above; or

(b)where that proposal was made by more than one authority, any county that (under section 2(6)) is the county concerned in relation to any of the authorities which made that proposal.

(7)The area specified in an alternative proposal under this section may not extend into any area that is currently outside all local government areas.

6 [F7Local Government Boundary Commission's] procedureE+W

(1)A local authority must if requested by the [F8Local Government Boundary Commission] to do so provide the [F9Commission], by such date as the [F9Commission] may specify, with any information that the [F9Commission] may reasonably require in connection with any of their functions under section 5.

(2)In making a recommendation or alternative proposal under section 5 the [F10Local Government Boundary Commission] must have regard to any guidance from the Secretary of State about the exercise of the [F11Commission's] functions under that section.

(3)Any recommendation or alternative proposal under section 5 must be made no later than the relevant date.

(4)Before making an alternative proposal under section 5(3)(c) the [F12Local Government Boundary Commission] must—

(a)publish a draft of the proposal; and

(b)take such steps as they consider sufficient to secure that persons who may be interested are informed of—

(i)the draft proposal; and

(ii)the period within which representations about it may be made to the [F13Commission].

(5)The [F14Local Government Boundary Commission]

(a)must take into account any representations made to them within that period; and

(b)if they make any proposal to the Secretary of State, must inform any person who made such representations—

(i)of the proposal made; and

(ii)that representations about the proposal may be made to the Secretary of State until the end of the relevant period.

(6)In subsection (5)(b) “the relevant period” means four weeks beginning with the relevant date.

(7)In this section and section 7 “the relevant date” means the date specified in the request under section 4(2) (or, if a later date is substituted under section 4(3), the date substituted (or last substituted) under that provision).

Textual Amendments

Commencement Information

I6S. 6 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

7Implementation of proposals by orderE+W

(1)Where the Secretary of State has received a proposal in response to an invitation or direction under section 2, he may—

(a)by order implement the proposal, with or without modification;

(b)if he has received an alternative proposal from the [F15Local Government Boundary Commission] under section 5, by order implement that alternative proposal with or without modification; or

(c)decide to take no action.

(2)But where the Secretary of State has made a request under section 4 in relation to the proposal received in response to the invitation or direction, he may not make an order or decision under this section before the end of six weeks beginning with the relevant date (as defined by section 6(7)).

(3)The Secretary of State may not in any case make an order under subsection (1)(a) implementing a proposal unless he has consulted the following about the proposal—

(a)every authority affected by the proposal (except the authority or authorities which made it); and

(b)such other persons as he considers appropriate.

(4)For the purposes of this section an authority is “affected by” a proposal if it is a principal authority for an area which is, or any part of which is, in an area that the proposal suggests should have a single tier of local government.

(5)Subsection (3) does not apply if the proposal was made jointly by every authority affected by it, and in that case the Secretary of State may before making an order under subsection (1)(a) (or deciding not to) consult such other persons as he considers appropriate.

(6)In any case where he has received an alternative proposal from the [F16Local Government Boundary Commission] under section 5, the Secretary of State may request the [F17Commission] to provide him with information or advice on any matter relating to the proposal.

(7)Where they receive such a request the [F18Local Government Boundary Commission] may provide the information or advice requested.

Boundary changeE+W

8Review by [F19Local Government Boundary Commission] of local government areasE+W

(1)The [F20Local Government Boundary Commission] may, either on their own initiative or at the request of the Secretary of State or a local authority, conduct a review of one or more local government areas.

(2)Where they have conducted a review under this section the [F21Local Government Boundary Commission] may (subject to subsection (4)) recommend to the Secretary of State such boundary change as in consequence of the review seems to them desirable.

(3)For the purposes of this section “boundary change” means any of the following or any combination of the following—

(a)the alteration of a local government area boundary;

(b)the abolition of a local government area;

(c)the constitution of a new local government area.

(4)None of the following may be recommended under this section—

(a)a change consisting of the alteration of the boundary of a single-tier area and consequent abolition of an area that is currently two-tier;

(b)a change consisting of the alteration of the boundary of a two-tier area and consequent abolition of an area that is currently single-tier;

(c)a change consisting of the constitution of a new local government area and consequent abolition of an existing local government area, where the new local government area would include—

(i)the whole or part of any area that is currently single-tier; and

(ii)the whole or part of any area that is currently two-tier;

(d)a change consisting of the alteration of a local government area, or constitution of a new local government area, where the altered or new area would extend into an area that is currently outside all local government areas;

(e)a change whose effect would be that England (excluding the Isles of Scilly, the City of London, the Inner Temple and the Middle Temple) is no longer divided into areas each of which is—

(i)a county divided into districts, or comprising one district; or

(ii)a London borough.

(5)Where the [F22Local Government Boundary Commission] have conducted a review under this section and consider that no boundary change is desirable, they may recommend to the Secretary of State that no boundary change should be made.

(6)In considering whether (and, if so, what) boundary change is desirable, the [F23Local Government Boundary Commission] must have regard to—

(a)the need to secure effective and convenient local government; and

(b)the need to reflect the identities and interests of local communities.

[F24(6A)Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to any local government area, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to—

(a)the electoral arrangements of the area of a local authority;

(b)the electoral arrangements of the area of a parish council.

(6B)In subsection (6A)(a) “electoral arrangements”, in relation to the area of a local authority means—

(a)the total number of members of the local authority (“councillors”);

(b)the number and boundaries of electoral areas for the purposes of the election of councillors;

(c)the number of councillors to be returned by any electoral area in that area; and

(d)the name of any electoral area.

(6C)In subsection (6A)(b) “electoral arrangements”, in relation to the area of a parish council means—

(a)the total number of members of the parish council (“parish councillors”);

(b)arrangements for the division of the parish or (in the case of a common parish council) any of the parishes into wards for the purposes of the election of parish councillors;

(c)the number and boundaries of any wards;

(d)the number of parish councillors to be returned by any ward or, in the case of a common parish council, by each parish; and

(e)the name of any ward.

(6D)Schedule 2 to the Local Democracy, Economic Development and Construction Act 2009 applies in relation to the making of recommendations under subsection (6A).

(6E)Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to the area of a London borough council, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to the area of any constituency for the London Assembly in order to comply with the rules set out in paragraph 7 of Schedule 1 to the Greater London Authority Act 1999.]

(7)In exercising a function under [F25this section], a local authority or the [F26Local Government Boundary Commission] must have regard to any guidance from the Secretary of State about the exercise of that function.

(8)A local authority must if requested by the [F27Local Government Boundary Commission] to do so provide the [F28Commission], by such date as the [F28Commission] may specify, with any information that the [F28Commission] may reasonably require in connection with any of their functions under this section.

Textual Amendments

Commencement Information

I8S. 8 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

9 [F29Local Government Boundary Commission's] review: consultation etcE+W

(1)This section applies where the Boundary Committee conduct a review under section 8.

(2)In conducting the review the [F30Local Government Boundary Commission] must consult—

(a)the council of any local government area to which the review relates; and

(b)such other local authorities, parish councils and other persons as appear to them to have an interest.

(3)Before making any recommendation to the Secretary of State the [F31Local Government Boundary Commission] must—

(a)publish a draft of the recommendation; and

(b)take such steps as they consider sufficient to secure that persons who may be interested are informed of—

(i)the draft recommendation; and

(ii)the period within which representations about it may be made to the [F32Commission].

(4)The [F33Local Government Boundary Commission]

(a)must take into account any representations made to them within that period; and

(b)if they make any recommendation to the Secretary of State, must inform any person who made such representations—

(i)of the recommendation made; and

(ii)that representations about the recommendation may be made to the Secretary of State until the end of four weeks beginning with the recommendation date.

(5)In this section and section 10 “the recommendation date” means the date the recommendation was sent by the [F34Local Government Boundary Commission] to the Secretary of State.

10Implementation of recommendations by orderE+W

(1)Where the [F35Local Government Boundary Commission] make a recommendation to the Secretary of State under section 8(2), the Secretary of State may do any of the following—

(a)by order implement the recommendation, with or without modification;

(b)decide to take no action with respect to the recommendation;

(c)make a request under section 8 for a further review.

(2)Where the [F36Local Government Boundary Commission] make a recommendation to the Secretary of State under section 8(5) the Secretary of State may—

(a)make a request under section 8 for a further review; or

(b)decide not to make such a request.

[F37(2A)Subsections (2B) to (2D) apply where the Local Government Boundary Commission make a recommendation to the Secretary of State under section 8(6A) or (6E) in consequence of a recommendation under section 8(2).

(2B)Where under subsection (1)(a) the Secretary of State implements the recommendation under section 8(2) without modification, the Secretary of State must by order implement the recommendation under section 8(6A) or (6E).

(2C)Where pursuant to subsection (1)(a) the Secretary of State proposes to implement the recommendation under section 8(2) with modification, the Secretary of State must request the Local Government Boundary Commission to recommend whether a modification is needed to their recommendation under section 8(6A) or (6E).

(2D)Where under section (1)(a) the Secretary of State implements a recommendation under section 8(2) with modification—

(a)if the Local Government Boundary Commission have recommended under subsection (2C) that a modification is needed to their recommendation under section 8(6A) or (6E), the Secretary of State must by order implement the recommendation under section 8(6A) or (6E) with that modification;

(b)if the Local Government Boundary Commission have recommended under subsection (2C) that no modification is needed to the recommendation under section 8(6A) or (6E), the Secretary of State must by order implement that recommendation.]

(3)The Secretary of State may not do as mentioned in paragraph (a), (b) or (c) of subsection (1) or paragraph (a) or (b) of subsection (2) before the end of six weeks beginning with the recommendation date (as defined by section 9(5)).

(4)Before doing as mentioned in any of those paragraphs the Secretary of State may request the [F38Local Government Boundary Commission] to provide him with information or advice on any matter relating to the recommendation.

(5)Where they receive such a request the [F39Local Government Boundary Commission] may provide the information or advice requested.

Implementation of changesE+W

11Implementation orders: provision that may be includedE+W

(1)An order under section 7 or 10 may in particular include provision, for the purpose of implementing a proposal or recommendation or in connection with the implementation of a proposal or recommendation, for or with respect to—

(a)any of the matters mentioned in subsection (3);

(b)any of the matters mentioned in subsection (4) (incidental, consequential etc matters).

(2)In subsection (1) “implementing” includes implementing with modifications and “implementation” is to be read accordingly.

(3)The matters referred to in subsection (1)(a) are—

(a)the constitution of a new local government area;

(b)the abolition of any existing local government area;

(c)the boundary of any local government area;

(d)whether a county or district is to be metropolitan or non-metropolitan;

(e)the establishment, as a county council, district council or London borough council, of an authority for any local government area;

(f)the winding up and dissolution of an existing local authority;

(g)the transfer to a county council of the functions, in relation to an area, of district councils;

(h)the transfer to a district council of the functions, in relation to an area, of a county council.

[F40(i)electoral matters within the meaning of section 12.]

(4)The matters referred to in subsection (1)(b) are—

(a)the name of any local government area;

(b)the name of any local authority;

(c)the boundary of any parish;

F41(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the establishment or membership of public bodies in any area affected by the order and the election of members of such bodies;

(f)the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by the order;

(g)the boundary of any police area in England.

(5)For the purposes of subsection (3)(e)—

(a)the “establishment” of an authority as a council for a county includes an existing district council's becoming the county council for the county;

(b)the “establishment” of an authority as a council for a district includes an existing county council's becoming the district council for the district.

(6)The power of the Secretary of State under section 7(1)(a) to implement a proposal with modifications includes power to make provision whose effect is that there will be a single tier of local government for an area (“the area concerned”) that—

(a)includes all or part of an area specified in the proposal as one for which there should be a single tier of local government; but

(b)is not an area that could itself have been so specified.

(7)But subsection (6) does not authorise the area concerned to extend into any area that is currently outside all local government areas.

12Provision relating to membership etc of authoritiesE+W

(1)In [F42section 11(3)]electoral matters” means any of the following—

(a)the total number of members of any local authority or parish council (“councillors”);

(b)the number and boundaries of electoral areas for the purposes of the election of councillors;

(c)the number of councillors to be returned by any electoral area;

(d)the name of any electoral area;

(e)the election of councillors for any electoral areas;

(f)the order of retirement of councillors;

(g)the election of a mayor of a local authority;

(h)the election of an executive of a local authority;

(i)the appointment by the Secretary of State of members of an existing local authority to be members of a new local authority for a transitional period;

(j)the appointment for a transitional period of an executive of a new local authority;

(k)the functions of a new local authority, and the discharge of those functions, during a transitional period.

[F43(l)the ordinary year of election for a parish council.]

(2)In subsection (1)(i) to (k)—

  • a new local authority” means a local authority established by the order;

  • a transitional period” means a period before the coming into office of members of the authority elected at the first election after the establishment of the authority.

(3)In subsection (2) “established” and “establishment” are to be read in accordance with section 11(5).

(4)An order under section 7 or 10 may provide for an electoral division of a non-metropolitan county to return more than one councillor, and in such a case section 6(2)(a) of the Local Government Act 1972 (c. 70) does not apply.

(5)As soon as practicable after the making of an order under section 7 or 10, [F44the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009 (electoral reviews)].

F45(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Implementation orders: further provisionE+W

(1)The power to make an order under section 7 or 10 includes (as well as power to make any provision authorised by section 11(1)(b)) power to make any other incidental, consequential, transitional or supplementary provision.

(2)Subsection (1) is to be read with section 15.

(3)Any incidental, consequential, transitional or supplementary provision included in an order under section 7 or 10 may relate either to other provisions of the order or to a previous order under section 7 or 10 (and the reference in section 12(2) to “the order” accordingly includes a previous order under section 7 or 10).

(4)The Secretary of State must exercise his powers under section 11(4)(g) in such a way as to ensure that none of the following is divided between two or more police areas—

(a)a county in which there are no district councils;

(b)a district;

(c)a London borough.

Commencement Information

I13S. 13 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

14Regulations for supplementing ordersE+W

(1)The Secretary of State may by regulations of general application make incidental, consequential, transitional or supplementary provision—

(a)for the purposes or in consequence of any orders under section 7 or 10; or

(b)for giving full effect to such orders.

(2)Subsection (1) is to be read with section 15.

(3)Regulations under this section have effect subject to any provision included in an order under section 7 or 10.

Commencement Information

I14S. 14 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

15Incidental etc provision in orders or regulationsE+W

(1)In sections 13 and 14 references to incidental, consequential, transitional or supplementary provision include, in particular, provision—

(a)for the transfer of functions, property, rights or liabilities from a local authority or [F46local policing body] for any area to another local authority or [F46local policing body] whose area consists of or includes the whole or part of that area;

(b)for the transfer of property, rights or liabilities, and of related functions, from an authority which ceases to exist to a residuary body established under section 17;

(c)for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;

(d)for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

(e)for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made;

(f)with respect to the management or custody of transferred property (real or personal);

[F47(fa)as to who is to be a police and crime commissioner;]

(g)with respect to the functions, areas of jurisdiction and costs and expenses of any public body or of—

(i)any justice of the peace other than a District Judge (Magistrates' Courts);

(ii)any coroner or keeper of the rolls;

(iii)any lord-lieutenant, lieutenant or high sheriff; or

(iv)any other officers (including police officers) within the area of any local authority affected by an order under section 7 or 10;

(h)with respect to the functions of any District Judge (Magistrates' Courts);

(i)with respect to charter trustees;

(j)equivalent to any provision that could be contained in an agreement under section 16 (agreements about incidental matters).

[F48(1A)Provision falling within subsection (1)(fa) includes, in particular—

(a)provision for the police and crime commissioner for a police area affected by an order by virtue of provision made under section 11(4)(g) to become the police and crime commissioner for a police area resulting from the order;

(b)provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.]

(2)Any order under section 7 or 10 or regulations under section 14 may for any incidental, consequential, transitional or supplementary purpose—

(a)modify, exclude or apply (with or without modifications) any enactment;

(b)repeal or revoke any enactment with or without savings.

(3)In subsection (2)—

  • enactment” includes—

    (a)

    any enactment contained in this Act (other than a provision of this Part) or in an Act passed after this Act;

    (b)

    any instrument made at any time under an enactment (including an enactment contained in this Act or in an Act passed after this Act);

    (c)

    any charter, whenever granted;

  • modify” includes amend.

[F49(3A)Without prejudice to subsection (2), an order under section 7 or 10 which includes provision within subsection (1A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.]

16Agreements about incidental mattersE+W

(1)Any public bodies affected by an order under section 7 or 10 may from time to time make agreements with respect to—

(a)any property, income, rights, liabilities and expenses (so far as affected by the order) of the parties to the agreement;

(b)any financial relations between the parties to the agreement.

(2)Such an agreement may in particular provide—

(a)for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b)for the making of payments by any party to the agreement in respect of—

(i)property, rights and liabilities so transferred or retained;

(ii)such joint use; or

(iii)the remuneration or compensation payable to any person;

(c)for any such payment to be made by instalments or otherwise;

(d)for interest to be charged on any such instalments.

(3)In default of agreement about any disputed matter, the matter is to be referred to the arbitration of a single arbitrator—

(a)agreed on by the parties; or

(b)in default of agreement, appointed by the Secretary of State.

(4)The arbitrator's award may make any provision that could be contained in an agreement under this section.

(5)In subsection (3) “disputed matter” means any matter that—

(a)could be the subject of provision contained in an agreement under this section; and

(b)is the subject of a dispute between two or more public bodies that is not resolved by or under any order or regulations under this Chapter.

(6)In this section “public body” includes a parish council.

Modifications etc. (not altering text)

C8S. 16 applied (with modifications) by 1972 c. 70, s. 12(2) (as amended) (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 11(3)(a); S.I. 2007/3136, art. 2(b)

Commencement Information

I16S. 16 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

17Residuary bodiesE+W

(1)The Secretary of State may by order establish one or more bodies corporate (“residuary bodies”) for the purpose of taking over any property, rights or liabilities, and any related functions, of local authorities which cease to exist by virtue of orders under section 7 or 10.

(2)An order under subsection (1) may—

(a)make provision with respect to the constitution and membership of a residuary body;

(b)make provision with respect to the powers of a residuary body to make levies and to borrow and lend money and the treatment and distribution of capital and other money by such a body;

(c)make provision with respect to the keeping and auditing of accounts of a residuary body;

(d)make provision with respect to directions which may be given by the Secretary of State in relation to the carrying out by a residuary body of any of its functions;

(e)make provision enabling the Secretary of State to require a residuary body to submit to him a scheme for the winding up of the body and the disposal of its property, rights and liabilities and related functions.

(3)The Secretary of State may by order provide—

(a)for the transfer to any other body or bodies (including any body or bodies corporate established under the order for the purpose) of any property, rights or liabilities, and any related functions, of a residuary body; and

(b)for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (2)(e) and for the dissolution of a residuary body.

(4)An order under this section may include incidental, consequential, transitional or supplementary provision, including in particular provision of a kind mentioned in paragraphs (c) to (f) of section 15(1).

(5)Section 15(2) and (3) (power to apply etc enactments) apply to an order under this section as to an order under section 7.

Commencement Information

I17S. 17 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

18Staff commissionsE+W

(1)The Secretary of State may by order establish one or more staff commissions for the purpose of—

(a)considering and keeping under review the arrangements for the recruitment of staff by relevant authorities affected by orders under this Chapter and for the transfer in consequence of any such order of staff employed by such authorities;

(b)considering such staffing problems arising in consequence of such an order, and such other matters relating to staff employed by any such authority, as may be referred to the staff commission by the Secretary of State; and

(c)advising the Secretary of State on the steps necessary to safeguard the interests of such staff.

(2)Such a commission may be established for the whole or any part of England.

(3)The Secretary of State may give directions to a staff commission with respect to their procedure.

(4)The Secretary of State may give directions to any relevant authority affected by an order under this Chapter with respect to—

(a)the provision of any information requested and the implementation of any advice given by a staff commission;

(b)the payment by such an authority of any expenses incurred by a staff commission in doing anything requested by the authority.

(5)Any expenses incurred by a staff commission under this section and not recovered from a relevant authority shall be paid by the Secretary of State out of money provided by Parliament.

(6)The Secretary of State may by order provide for the winding up of any staff commission established under this section.

(7)A direction under this section may be varied or revoked by a subsequent direction.

(8)In this section “relevant authority” means—

(a)a local authority; or

(b)a residuary body established under section 17.

Commencement Information

I18S. 18 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

19Certain county councils to be billing authoritiesE+W

(1)Where an order under this Chapter transfers the functions of district councils in relation to any area to a council for a county consisting of that area, the county council—

(a)shall, for any financial year beginning at the same time as or after that transfer, be a billing authority for the purposes of Part 1 of the Local Government Finance Act 1992 (c. 14) in relation to the area;

(b)shall not, for any such year, be a major precepting authority for those purposes.

(2)This section does not limit any power to make provision by order under this Chapter or any power to make incidental, consequential, transitional or supplementary provision in connection with the provisions of any such order.

(3)In this section “financial year” means 12 months beginning with 1 April.

Commencement Information

I19S. 19 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

SupplementaryE+W

20Correction of ordersE+W

(1)Where—

(a)an order under any provision of this Chapter has been made by the Secretary of State, and

(b)the Secretary of State is satisfied that there is a mistake in the order which cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the Interpretation Act 1978 (c. 30) (power to amend),

the Secretary of State may rectify the mistake by order under this section.

(2)For the purposes of this section, a “mistake” in an order includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.

(3)In subsection (2) “public body” includes a parish council.

Commencement Information

I20S. 20 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

21Pre-commencement invitations etcE+W

(1)In this section a “pre-commencement invitation” means an invitation given by the Secretary of State before the commencement of this Chapter which, after that commencement, could have been given under the power in section 2.

(2)If before the commencement of this Chapter—

(a)a pre-commencement invitation was given,

(b)guidance as to what a proposal should seek to achieve, or as to matters that should be taken into account in formulating a proposal, was given by the Secretary of State in connection with such an invitation,

(c)a proposal was made in response to such an invitation, or

(d)consultation was carried out by the Secretary of State in relation to such a proposal,

it is immaterial that the invitation or guidance was given, the proposal made, or the consultation carried out, before rather than after the commencement of this Chapter.

(3)Accordingly (and without prejudice to the generality of subsection (2))—

(a)any reference in this Chapter to an invitation under section 2 includes a pre-commencement invitation;

(b)any reference in this Chapter to a proposal made by virtue of section 2 includes a proposal (whenever made) made in response to a pre-commencement invitation;

(c)any reference in this Chapter to the Secretary of State's receiving a proposal in response to an invitation under section 2 includes his receiving before the commencement of this Chapter a proposal made in response to a pre-commencement invitation.

Commencement Information

I21S. 21 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

22Consequential amendmentsE+W

Schedule 1 (amendments consequential on this Chapter) has effect.

Commencement Information

I22S. 22 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

23Definitions for purposes of Chapter 1E+W

(1)In this Chapter—

  • F50...

  • local authority” means a county council in England, a district council in England or a London borough council;

  • local government area” means a county in England, a district in England or a London borough;

  • [F51the Local Government Boundary Commission” means the Local Government Boundary Commission for England;]

  • principal authority” has the meaning given by section 1;

  • public body” includes—

    (a)

    a local authority;

    (b)

    a police authority;

    (c)

    a residuary body established under section 17;

    (d)

    a joint board, or joint committee, on which a local authority is represented;

    (e)

    a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41);

    (f)

    [F52an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

    (g)

    a combined authority established under section 103 of that Act;]

  • single-tier” has the meaning given by subsection (2);

  • staff” includes officers and employees;

  • two-tier” has the meaning given by subsection (2);

  • “Type A”, “Type B”, “Type C” and “combined”, in relation to a proposal, have the meanings given by section 2.

(2)For the purposes of this Chapter an area is—

(a)“single-tier” if there is a single tier of local government for it (within the meaning of section 1) or it is a London borough; and

(b)“two-tier” if it is—

(i)a district for which there is a district council and in relation to which a county council has the functions of a county council; or

(ii)a county for which there is a county council and in which there are districts all of which have district councils.

(3)Any reference in this Chapter to a proposal “in response to” an invitation or direction under section 2 is to a Type A, Type B, Type C or combined proposal which—

(a)is in response to such an invitation or direction; and

(b)is in accordance with the invitation or direction and section 3(4).

(4)Any reference in this Chapter, however framed, to a body affected by an order includes a body—

(a)whose area or functions are affected by the order;

(b)which is to cease to exist in pursuance of the order; or

(c)which is established by or in consequence of the order.

Chapter 2E+WControl of disposals etc

24Authorities dissolved by orders: control of disposals, contracts and reservesE+W

(1)The Secretary of State may direct that, with effect from a date specified in the direction, a relevant authority may not without the written consent of a person or persons so specified—

(a)dispose of any land if the consideration for the disposal exceeds £100,000;

(b)enter into any capital contract—

(i)under which the consideration payable by the relevant authority exceeds £1,000,000; or

(ii)which includes a term allowing the consideration payable by the relevant authority to be varied;

(c)enter into any non-capital contract under which the consideration payable by the relevant authority exceeds £100,000, where—

(i)the period of the contract extends beyond a date specified in the direction; or

(ii)under the terms of the contract, that period may be extended beyond that date; or

(d)include an amount of financial reserves in a calculation under section [F5331A(3) or 42A(3)] of the Local Government Finance Act 1992 (c. 14).

(2)In this Chapter “relevant authority” means a local authority—

(a)which by virtue of an order under section 7 or 10 is to be dissolved; and

(b)which is specified, or of a description specified, in the direction.

(3)In this section—

  • capital contract” means a contract as regards which the consideration payable by the relevant authority would be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (c. 26) (capital finance);

  • non-capital contract” means a contract which is not a capital contract.

(4)A person specified in the direction as a person whose consent is required may be the Secretary of State or such authority or other person as he thinks appropriate; and the direction may specify different persons—

(a)in relation to different matters for which consent is required;

(b)in relation to different relevant authorities or descriptions of relevant authority.

Textual Amendments

Commencement Information

I24S. 24 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

25Directions: further provision about reservesE+W

(1)A direction under section 24—

(a)may provide that the consent of the person or persons specified in the direction is not required for the inclusion, in a calculation under section [F5431A(3) or 42A(3)] of the Local Government Finance Act 1992, of financial reserves of a description specified in the direction;

(b)may, in relation to any authority or description of authority, provide that that consent is not required for the inclusion in such a calculation of an amount of financial reserves not exceeding an amount specified in or determined under the direction.

(2)If a direction contains provision by virtue of subsection (1), the reference in section 24(1)(d) to an amount of financial reserves is to be read as a reference to an amount of financial reserves other than an amount permitted by the direction.

Textual Amendments

Commencement Information

I25S. 25 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

26Directions: supplementaryE+W

(1)In this section “direction” means a direction under section 24.

(2)A consent for the purposes of a direction may be given—

(a)in respect of a particular disposal or contract, or in respect of disposals or contracts of any description;

(b)unconditionally or subject to conditions.

(3)The following enactments have effect subject to any direction—

(a)section 123 of the Local Government Act 1972 (c. 70) (power to dispose of land);

(b)any other enactment relating to the disposal of land by local authorities.

(4)The consent required by a direction is in addition to any consent required by the enactments mentioned in subsection (3)(a) and (b).

(5)Where the consideration or any of the consideration under a contract is not in money, the limits specified in a direction by virtue of section 24(1)(a) to (c) apply to the value of the consideration.

(6)Where—

(a)a question arises in relation to a direction as to the value of any consideration, and

(b)the relevant authority concerned and the person or persons specified under section 24(1) fail to reach agreement,

the value is to be determined by the Secretary of State.

(7)A direction may be varied or revoked by a subsequent direction.

Commencement Information

I26S. 26 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

27Consideration to be taken into account for purposes of directionE+W

(1)In determining whether the limit specified in a direction by virtue of section 24(1)(a) is exceeded in the case of a disposal of land by a relevant authority, the consideration with respect to any other disposal of land made after 31 December 2006 by the relevant authority is to be taken into account.

(2)In determining whether a limit specified in a direction by virtue of section 24(1)(b) or (c) is exceeded in the case of a contract entered into by a relevant authority (“the contract in question”), the consideration payable by the relevant authority under any other relevant contract shall be taken into account.

(3)For the purposes of subsection (2) a “relevant contract” means a contract which is either or both—

(a)a contract entered into after 31 December 2006 by the relevant authority and the person with whom the contract in question is entered into;

(b)a contract entered into after that date by the relevant authority which relates to the same or a similar description of matter as that to which the contract in question relates.

Commencement Information

I27S. 27 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

28Contraventions of directionE+W

(1)A disposal made in contravention of a direction under section 24 is void.

(2)A contract entered into by an authority (“the old authority”) in contravention of a direction under section 24 is not enforceable against a successor.

(3)In subsection (2) a “successor” means a local authority (other than the old authority)—

(a)which is established by an order under section 7 or 10; and

(b)whose area consists of or includes the whole or part of the area of the old authority.

(4)A contract which apart from this subsection would be a certified contract for the purposes of the Local Government (Contracts) Act 1997 (c. 65) is not a certified contract for those purposes if it is entered into in contravention of a direction under section 24.

(5)If an authority includes financial reserves in a calculation under section [F5531A(3)] of the Local Government Finance Act 1992 (c. 14) in contravention of a direction under section 24, the authority is to be treated for the purposes of section 30(8) of that Act as not having made the calculations required by Chapter 3 of Part 1 of that Act.

(6)If an authority includes financial reserves in a calculation under section [F5642A(3)] of that Act in contravention of a direction under section 24, the authority is to be treated for the purposes of section 40(7) of that Act as not having made the calculations required by Chapter 4 of Part 1 of that Act.

Textual Amendments

Commencement Information

I28S. 28 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

29Power to amendE+W

(1)The Secretary of State may by order—

(a)substitute another sum for any sum for the time being specified in section 24(1);

(b)substitute another date for the date for the time being specified in section 27(1) and (3).

(2)An order under this section may include transitional or saving provision.

Commencement Information

I29S. 29 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

30Definitions for purposes of Chapter 2E+W

(1)In this Chapter—

  • local authority” means a county council in England, a district council in England or a London borough council;

  • relevant authority” has the meaning given by section 24(2).

(2)References in this Chapter to disposing of land include references to—

(a)granting or disposing of any interest in land;

(b)entering into a contract to dispose of land or grant or dispose of any such interest;

(c)granting an option to acquire any land or any such interest.

Commencement Information

I30S. 30 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

Part 2E+WElectoral arrangements

Chapter 1E+WPower of district councils in England to change electoral scheme

Modifications etc. (not altering text)

IntroductoryE+W

31Schemes for electionsE+W

For the purposes of this Chapter—

(a)a council is “subject to a scheme for whole-council elections” if all of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(b)a council is “subject to a scheme for elections by halves” if one-half (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(c)a council is “subject to a scheme for elections by thirds” if one-third (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors.

Commencement Information

I31S. 31 in force at 30.12.2007, see s. 245(2)

[F5731AMinimum period between resolutions to change electoral schemesE+W

If a council passes a resolution under section 32, 37 or 39 (“the earlier resolution”) it may not pass another resolution under any of those sections before the end of five years beginning with the day on which the earlier resolution is passed.]

Textual Amendments

Power of district councils to change to whole-council electionsE+W

32Resolution for whole-council electionsE+W

(1)A district council in England that is subject to a scheme for elections by halves or by thirds may resolve that it is to be subject instead to the scheme for whole-council elections under section 34.

(2)A resolution under this section is referred to in this Chapter as a “resolution for whole-council elections”.

Commencement Information

I32S. 32 in force at 30.12.2007, see s. 245(2)

33Resolution for whole-council elections: requirementsE+W

(1)A council must comply with this section in passing a resolution for whole-council elections.

(2)The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3)The resolution must be passed—

(a)at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b)by a majority of at least two thirds of the members voting on it.

[F58(3A)The resolution must specify the year for the first ordinary elections of the council at which all councillors are to be elected.

(3B)In the case of a district council for a district in a county for which there is a county council, the year specified under subsection (3A) may not be a county-council-elections year; and here “county-council-elections year” means 2013 and every fourth year afterwards.]

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

F60(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I33S. 33 in force at 30.12.2007, see s. 245(2)

34Scheme for whole-council electionsE+W

(1)On passing a resolution for whole-council elections, a council becomes subject to the following electoral scheme.

(2)Ordinary elections of the councillors of the council are to be held in—

[F61(a)the year specified under section 33(3A) in the resolution, and

(b)every fourth year afterwards.]

(3)All councillors are to be elected in each year in which ordinary elections are held.

(4)On the fourth day after ordinary elections are held—

(a)the councillors elected in those elections are to come into office, and

(b)the sitting councillors are to retire.

[F62(4A)Ordinary elections of councillors of the council under the previous electoral scheme are to be held in accordance with that scheme in any year that—

(a)is earlier than the year specified under section 33(3A) in the resolution for whole-council elections, and

(b)is a year in which, under the previous electoral scheme, ordinary elections of councillors of the council are due to be held.

(4B)In subsection (4A) “the previous electoral scheme” means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.]

F63(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I34S. 34 in force at 30.12.2007, see s. 245(2)

35PublicityE+W

(1)A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.

(2)The council must produce an explanatory document.

(3)The council must make the explanatory document—

(a)available for public inspection at the council's principal office at all reasonable times, and

(b)available to the public by such other means as the council thinks appropriate.

(4)The council must publicise these matters—

(a)that the council has become subject to the scheme for whole-council elections under section 34;

(b)when elections will first take place in accordance with the scheme;

(c)how the explanatory document is available in accordance with subsection (3);

(d)the address of the council's principal office.

(5)It is for the council to decide how those matters are to be publicised.

(6)An explanatory document is a document which sets out details of the new electoral scheme as it applies to the council.

Commencement Information

I35S. 35 in force at 30.12.2007, see s. 245(2)

36Notice to [F64Local Government Boundary Commission for England] E+W

(1)A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.

(2)The council must give the [F65Local Government Boundary Commission] notice that it has passed the resolution.

[F66(3)In this Chapter, “Local Government Boundary Commission” means the Local Government Boundary Commission for England.]

Power of district councils to revert to partial-council electionsE+W

37Resolution for elections by halvesE+W

(1)A non-metropolitan district council in England that—

(a)was formerly subject to a scheme for elections by halves, but

(b)is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by halves.

(2)For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by halves if it was subject to such a scheme at any time in the period beginning with—

(a)1 April 1974, or

(b)if later, the date on which the council was created.

(3)A resolution under this section is referred to in this Chapter as a “resolution for elections by halves”.

Commencement Information

I37S. 37 in force at 30.12.2007, see s. 245(2)

38Resolution for elections by halves: requirementsE+W

(1)A council must comply with this section in passing a resolution for elections by halves.

(2)The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3)The resolution must be passed—

(a)at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b)by a majority of at least two thirds of the members voting on it.

F67(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

F68(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I38S. 38 in force at 30.12.2007, see s. 245(2)

39Resolution for elections by thirdsE+W

(1)A district council in England that—

(a)was formerly subject to a scheme for elections by thirds, but

(b)is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by thirds.

(2)For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by thirds if it was subject to such a scheme at any time in the period beginning with—

(a)1 April 1974, or

(b)if later, the date on which the council was created.

(3)A resolution under this section is referred to in this Chapter as a “resolution for elections by thirds”.

Commencement Information

I39S. 39 in force at 30.12.2007, see s. 245(2)

40Resolution for elections by thirds: requirementsE+W

(1)A council must comply with this section in passing a resolution for elections by thirds.

(2)The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3)The resolution must be passed—

(a)at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b)by a majority of at least two thirds of the members voting on it.

F69(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

F70(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I40S. 40 in force at 30.12.2007, see s. 245(2)

41Publicity for resolutionE+W

(1)A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

(2)The council must produce an explanatory document.

(3)The council must make the explanatory document—

(a)available for public inspection at the council's principal office at all reasonable times, and

(b)available to the public by such other means as the council thinks appropriate.

(4)The council must publicise these matters—

(a)that the council has resolved to become subject to the new electoral scheme;

(b)that the [F71Local Government Boundary Commission] is to make provision by order about the operation of, and transition to, the new electoral scheme;

(c)how the explanatory document is available in accordance with subsection (3);

(d)the address of the council's principal office.

(5)It is for the council to decide how these matters are to be publicised.

(6)An explanatory document is a document which sets out details of the new electoral scheme (so far as the details are known at the time the document is prepared).

Textual Amendments

Commencement Information

I41S. 41 in force at 30.12.2007, see s. 245(2)

42Notice to [F72Local Government Boundary Commission] E+W

(1)A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

(2)The council must give the [F73Local Government Boundary Commission] notice that it has passed the resolution.

Textual Amendments

Commencement Information

I42S. 42 in force at 30.12.2007, see s. 245(2)

43 [F74Local Government Boundary Commission] to consider whether electoral review is necessaryE+W

(1)This section applies if the [F75Local Government Boundary Commission] receive notice under section 42 that a council has passed a resolution for elections by halves or a resolution for elections by thirds.

(2)As soon as practicable after receiving the notice, [F76the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009] to conduct a review of the district in question (or any part of it).

(3)As soon as practicable after deciding whether or not [F77to conduct such a review, the Local Government Boundary Commission] must give the council notice of the decision.

44 [F78Local Government Boundary Commission] to make order for new electoral schemeE+W

(1)Where the [F79Local Government Boundary Commission] receive notice under section 42 that a council has passed a resolution, they must—

(a)in the case of a resolution for elections by halves, make an order for elections by halves in relation to the council (see sections 45 and 46);

(b)in the case of a resolution for elections by thirds, make an order for elections by thirds in relation to the council (see sections 47 and 48).

[F80(2)But the Local Government Boundary Commission must not make the order—

(a)before it has decided whether or not conduct an electoral review (see section 43(2)), and

(b)if it has decided to conduct such a review, before the review is concluded.]

45Order for elections by halves: years in which elections are to be heldE+W

(1)An order for elections by halves in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.

(2)Ordinary elections of the councillors of the council are to be held in—

(a)the first relevant year after the year in which the [F81Local Government Boundary Commission makes] the order, and

(b)each subsequent year for elections by halves.

(3)In this section—

  • relevant year” means 2011 and every fourth year afterwards;

  • year for elections by halves” means 2012 and every second year afterwards.

Textual Amendments

Commencement Information

I45S. 45 in force at 30.12.2007, see s. 245(2)

46Orders for elections by halves: councillors to be elected at ordinary electionsE+W

(1)An order for elections by halves in relation to a council must make provision for the election and retirement of councillors in accordance with this section.

(2)In the case of the ordinary elections held in the year determined in accordance with section 45(2)(a)—

(a)all of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)all of the sitting councillors are to retire.

(3)In the case of ordinary elections held subsequently—

(a)one half (or as nearly as may be) of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)the specified sitting councillors are to retire.

(4)The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—

(a)the wards affected;

(b)the councillors affected within particular wards.

(5)In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.

Commencement Information

I46S. 46 in force at 30.12.2007, see s. 245(2)

47Order for elections by thirds: years in which elections are to be heldE+W

(1)An order for elections by thirds in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.

(2)Ordinary elections of the councillors of the council are to be held in—

(a)the first relevant year after the year in which the [F82Local Government Boundary Commission makes] the order, and

(b)each subsequent year, unless it is a fallow year.

(3)In this section—

  • fallow year” means 2013 and every fourth year afterwards;

  • relevant year” means—

    (a)

    in relation to a metropolitan district council: 2014 and every fourth year afterwards;

    (b)

    in relation to a non-metropolitan district council: 2011 and every fourth year afterwards.

Textual Amendments

Commencement Information

I47S. 47 in force at 30.12.2007, see s. 245(2)

48Order for elections by thirds: councillors to be elected at ordinary electionsE+W

(1)An order for elections by thirds in relation to a council must make provision for the election and retirement of councillors in accordance with this section.

(2)In the case of the ordinary elections held in the year determined in accordance with section 47(2)(a)—

(a)all of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)all of the sitting councillors are to retire.

(3)In the case of ordinary elections held subsequently—

(a)one third (or as nearly as may be) of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)the specified sitting councillors are to retire.

(4)The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—

(a)the wards affected;

(b)the councillors affected within particular wards.

(5)In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.

Commencement Information

I48S. 48 in force at 30.12.2007, see s. 245(2)

49Order for elections by halves or elections by thirds: transitional provisionE+W

(1)An order under section 44 (order for elections by halves or for elections by thirds) may include provision about the transition to the council's new electoral scheme.

(2)Provision made by virtue of this section may, in particular, include provision for the retirement of some councillors after their initial election at times different from those otherwise applying, and for identifying which of them are so to retire.

Commencement Information

I49S. 49 in force at 30.12.2007, see s. 245(2)

50Power of [F83Local Government Boundary Commission] to make incidental etc provisionE+W

The [F84Local Government Boundary Commission] may by order make incidental, consequential, transitional or supplemental provision in connection with provision made by order under section 44 (order for elections by halves or for elections by thirds).

Textual Amendments

Commencement Information

I50S. 50 in force at 30.12.2007, see s. 245(2)

51Position if [F85Local Government Boundary Commission] act under existing powersE+W

In a case in which—

[F86(a)the Local Government Boundary Commission decides to conduct an electoral review (see section 43(2)), and

(b)pursuant to that review the Commission makes recommendations for electoral changes,]

nothing in this Chapter requires the Commission to make any provision in relation to matters dealt with, or to be dealt with, by the Commission in an order under [F87section 59 of the Local Democracy, Economic Development and Construction Act 2009] giving effect to those recommendations.

52Publicity for order by [F88Local Government Boundary Commission] E+W

(1)A council must comply with this section as soon as practicable after the [F89Local Government Boundary Commission has] made an order under section 44 (order for elections by halves or for elections by thirds) in relation to it.

(2)The council must produce an explanatory document.

(3)The council must make the explanatory document—

(a)available for public inspection at the council's principal office at all reasonable times, and

(b)available to the public by such other means as the council thinks appropriate.

(4)The council must publicise these matters—

(a)that the council has become subject to the new electoral scheme;

(b)how the explanatory document is available in accordance with subsection (3);

(c)the address of the council's principal office.

(5)It is for the council to decide how these matters are to be publicised.

(6)An explanatory document is a document which sets out details of the new electoral scheme.

Textual Amendments

Commencement Information

I52S. 52 in force at 30.12.2007, see s. 245(2)

Power of district councils to alter years of ordinary elections of parish councillorsE+W

53Power of council to alter years of ordinary elections of parish councillorsE+W

(1)This section applies if a council passes a resolution under this Chapter.

(2)The council may by order make provision that changes the years in which the ordinary elections of parish councillors for any parish situated in the council's area are to be held.

(3)The power may only be exercised so as to secure that those elections are to be held in years in which ordinary elections of district councillors for a ward in which any part of the parish is situated are to be held.

(4)The order may include transitional provision—

(a)for the retirement of existing parish councillors at times different from those otherwise applying;

(b)for the retirement of some parish councillors after their initial election after the order comes into force at times different from those otherwise applying.

Commencement Information

I53S. 53 in force at 30.12.2007, see s. 245(2)

Amendment of existing provisions about schemes for ordinary electionsE+W

54Amendment of existing provisions about schemes for ordinary electionsE+W

(1)In section 7 of the Local Government Act 1972 (c. 70) (elections of councillors) omit subsections (4) to (6).

(2)In section 8 of the Local Government Act 1972 (constitution and membership of London borough councils), omit subsections (2) and (3).

(3)In section 86 of the Local Government Act 2000 (c. 22) (power to specify scheme for elections)—

(a)before subsection (1) insert—

(A1)The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council in England is the scheme under the first option set out in section 85.;

(b)in subsection (1) after “specified council” insert “ in Wales ”.

(4)If—

(a)a local authority makes a request under section 7(4) of the Local Government Act 1972, and

(b)immediately before subsection (1) above comes into force in relation to that authority, the request has not yet been dealt with,

the repeal of section 7(4) to (6) of the 1972 Act does not apply to the request unless, and until, it is dealt with.

(5)For the purposes of subsection (4) a request under section 7(4) of the 1972 Act is “dealt with” in either of these cases—

(a)if the Secretary of State notifies the local authority that he has decided not to make an order under section 7(6) of the 1972 Act in response to the request;

(b)if the Secretary of State makes an order under section 7(6) in response to the request.

(6)The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section 86(1) of the Local Government Act 2000 (so far as it relates to England) does not affect any order made under that provision before its repeal.

Commencement Information

I54S. 54 in force at 30.12.2007, see s. 245(2)

Chapter 2E+WMiscellaneous

Requests for single-member electoral areas in EnglandE+W

F9055Requests for single-member electoral areasE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electoral Commission and Boundary Committee: reviews and recommendationsE+W

F9056Electoral Commission and Boundary Committee: reviews and recommendationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9057Procedure in connection with reviewsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electoral areas in EnglandE+W

58Metropolitan districts: councillors per wardE+W

(1)Section 6 of the Local Government Act 1972 (c. 70) (term of office and retirement of councillors) is amended as follows.

(2)For subsection (2)(b) substitute—

(b)every metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;.

(3)For subsection (3) substitute—

(3)The number of councillors referred to in subsection (2)(b) or (c) above may be provided—

(a)under or by virtue of the provisions of section 7 below;

(b)by an order under Part 2 of the Local Government Act 1992 (c. 19);

(c)by an order under section 14 of the Local Government and Rating Act 1997 (c. 29);

(d)by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007.

Commencement Information

I55S. 58 in force at 30.12.2007, see s. 245(2)

59Change of name of electoral areaE+W

(1)A local authority may, by resolution, change the name of any of the authority's electoral areas.

(2)A local authority must comply with subsections (3) to (5) in passing a resolution to change the name of an electoral area.

(3)The local authority must not pass the resolution unless it has taken reasonable steps to consult such persons as it considers appropriate on the proposed name.

(4)The resolution must be passed—

(a)at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b)by a majority of at least two thirds of the members voting on it.

(5)If the name of the electoral area is protected, the resolution may not be passed unless the [F91Local Government Boundary Commission] has first agreed to the proposed change.

(6)As soon as practicable after a resolution is passed, the local authority must give notice of the change of name to all of the following—

(a)the [F92Local Government Boundary Commission];

(b)the Boundary Commission for England;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)if the local authority is a county council, the district council (if any) within whose area the electoral area lies;

(f)if the local authority is a district council, the county council (if any) within whose area the electoral area lies.

(7)The change of name does not take effect until the [F93Local Government Boundary Commission] have been given notice of the change.

(8)For the purposes of this section the name of an electoral area is “protected” if—

(a)the name was given to the electoral area by or in pursuance of an order under section 17 of the Local Government Act 1992 (c. 19)[F94, section 59 of the Local Democracy, Economic Development and Construction Act 2009] or section 14 of the Local Government and Rating Act 1997 (c. 29), and

(b)that order was made during the period of five years ending with the day on which a resolution to change the name is to be passed.

(9)In subsection (4) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

(10)In this section—

  • electoral area”, in relation to a local authority, means any area for which councillors are elected to the authority;

  • local authority” means—

    (a)

    a county council in England;

    (b)

    a district council in England; or

    (c)

    a London borough council.

Election datesE+W

60Power to change date of local elections to date of European Parliamentary general electionE+W

(1)In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days of local elections in England and Wales), after subsection (2) insert—

(2A)Subsection (1) is subject to any order under—

(a)section 37A (local government areas in England), or

(b)section 37B (local government areas in Wales).

(2)After that section insert—

37APower to change date of local elections to date of European Parliamentary general election: England

(1)The Secretary of State may by order provide that in a year in which a European Parliamentary general election is to be held—

(a)the ordinary day of election of councillors for counties in England, districts and London boroughs,

(b)the ordinary day of election of councillors for parishes, and

(c)as respects Authority elections, the day on which the poll is to be held at an ordinary election,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

(2)An order under subsection (1) may make provision under all of paragraphs (a) to (c) or under one or more of those paragraphs.

(3)An order under subsection (1) must relate to a single year and must be made at least six months before—

(a)the local election day in that year, or

(b)if earlier, the date of the poll at the European Parliamentary general election in that year.

(4)For this purpose “the local election day” in a particular year is—

(a)the first Thursday in May, or

(b)if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.

(5)Before making an order under this section, the Secretary of State must consult—

(a)the Electoral Commission, and

(b)such other persons as he considers appropriate.

(6)An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

(7)Where the Welsh Ministers make an order under section 37B, the Secretary of State may by order make such consequential provision in relation to elections in England as he thinks fit.

(8)The powers under subsections (6) and (7) include power to make—

(a)different provision for different purposes;

(b)provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

(9)An order under this section must be made by statutory instrument.

(10)A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

37BPower to change date of local elections to date of European Parliamentary general election: Wales

(1)The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for—

(a)counties in Wales and county boroughs, and

(b)communities,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

(2)An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs.

(3)An order under subsection (1) must relate to a single year and must be made at least six months before—

(a)the local election day in that year, or

(b)if earlier, the date of the poll at the European Parliamentary general election in that year.

(4)For this purpose “the local election day” in a particular year is—

(a)the first Thursday in May, or

(b)if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.

(5)Before making an order under this section, the Welsh Ministers must consult—

(a)the Electoral Commission, and

(b)such other persons as they consider appropriate.

(6)An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

(7)Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit.

(8)The powers under subsections (6) and (7) include power to make—

(a)different provision for different purposes;

(b)provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

(9)An order under this section must be made by statutory instrument.

(10)A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

(3)In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary elections), in subsection (3), after “section 37(2)” insert “ or 37A ”.

Commencement Information

I57S. 60 in force at 30.12.2007, see s. 245(2)

Chapter 3E+WConsequential amendments

61Consequential amendmentsE+W

Schedule 2 (electoral arrangements: consequential amendments) has effect.

Commencement Information

I58S. 61 in force at 30.12.2007, see s. 245(2)

Part 3E+WExecutive arrangements for England

62Executive arrangements for EnglandE+W

(1)Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance with this section.

(2)For subsection (1) substitute—

(1)The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.

(3)In subsection (2) for the words before paragraph (a) substitute—

(2)In the case of any local authority in England or Wales, the executive may consist of—.

F95(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3)—

(a)for the words before paragraph (a) substitute—

(3)In the case of any local authority in Wales, the executive may consist of—;

(b)in the words after paragraph (b)(ii), for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.

(6)In subsection (4) for the words before paragraph (a) substitute—

(4)In the case of any local authority in Wales, the executive may consist of—.

(7)In subsection (5) for “It” substitute “ In the case of a local authority in England or Wales, the executive ”.

(8)In subsection (9)—

(a)for “amend subsection (8) so as to provide for” substitute “ specify ”;

(b)for “that subsection” substitute “ subsection (8) ”;

F96(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In subsection (10) for “subsection (3)(a)” substitute “ subsection (2A)(a) or (3)(a) ”.

Textual Amendments

Commencement Information

I59S. 62 in force at 30.12.2007, see s. 245(2)

63Discharge of functionsE+W

(1)The Local Government Act 2000 (c. 22) is amended as follows.

(2)For the title of section 14 substitute “ Discharge of functions: general ”.

(3)For section 14(1) substitute—

(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of—

(a)a mayor and cabinet executive, or

(b)a leader and cabinet executive (England),

are to be discharged in accordance with this section.

(4)In section 14(2) and (3) for “elected mayor” substitute “ senior executive member ”.

(5)In section 14(4)—

(a)for “elected mayor” substitute “ senior executive member ”;

(b)for “that member” substitute “ the member who may discharge the function ”.

(6)In section 14(5) for “elected mayor” substitute “ senior executive member ”.

(7)In section 14(6)—

(a)for “an elected mayor” substitute “ a senior executive member ”;

(b)for “the elected mayor” substitute “ the senior executive member ”.

F98(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In section 15—

(a)for the title substitute “ Discharge of functions: leader and cabinet executive (Wales) ”;

(b)in subsection (1) for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.

Textual Amendments

Commencement Information

I60S. 63 in force at 30.12.2007, see s. 245(2)

F9964Changing governance arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

65Referendum following petitionE+W

(1)Section 34 of the Local Government Act 2000 (c. 22) (referendum following petition) is amended in accordance with subsections (2) to (4).

(2)In subsection (1) for the words from “operate” to the end substitute “ operate a relevant form of executive ”.

(3)After subsection (1) insert—

(1A)In this section “relevant form of executive” means—

(a)in relation to England, an executive which takes such form permitted by or under section 11 as may be specified in the regulations;

(b)in relation to Wales, executive arrangements involving a form of executive for which a referendum is required.

F100(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I61S. 65 in force at 30.12.2007, see s. 245(2)

66Elected mayorsE+W

(1)Section 39 of the Local Government Act 2000 (elected mayors etc) is amended as follows.

(2)For subsection (5) substitute—

(5A)A reference in any enactment (whenever passed or made) to—

(a)a member of a local authority, or

(b)a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(5B)But subsection (5A) is subject to—

(a)regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and

(b)any other contrary intention that appears in any enactment (whenever passed or made).

(5C)Sections 2(2A) and 21(1A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).

(3)For subsection (6) substitute—

(6)Elections for the return of an elected mayor of a local authority in England are to take place on the ordinary day of election in each of the relevant election years.

(7)The term of office of an elected mayor of a local authority is to be four years.

(8)This section is subject to regulations under section 41.

Commencement Information

I62S. 66 in force at 30.12.2007, see s. 245(2)

F10167Leader and cabinet executives (England)E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

68Power to make incidental, consequential provision etcE+W

(1)Section 47 of the Local Government Act 2000 (power to make incidental, consequential provision etc) is amended as follows.

(2)After subsection (3) insert—

(4)The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements (including changes of the kinds set out in sections 33A to 33D).

(5)That includes—

(a)provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements,

(b)provision as to the dates on which and years in which relevant elections may or must be held,

(c)provision as to the intervals between relevant elections, and

(d)provision as to the term of office of any member of any form of executive.

(6)In subsection (5) “relevant election” means—

(a)an election for the return of an elected mayor;

(b)the election by a local authority of the executive leader of a leader and cabinet executive (England).

(7)Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).

Commencement Information

I63S. 68 in force at 30.12.2007, see s. 245(2)

69Time limit for holding further referendumE+W

(1)Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to referendums) is amended as follows.

(2)For subsection (1) substitute—

(1)A local authority—

(a)in England may not hold more than one referendum in any period of ten years;

(b)in Wales may not hold more than one referendum in any period of five years.

F102(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Section 45 as amended by subsection (1) applies to referendums held before, and referendums held after, this section comes into force.

Textual Amendments

Commencement Information

I64S. 69 in force at 30.12.2007, see s. 245(2)

70InterpretationE+W

(1)Section 48 of the Local Government Act 2000 (c. 22) is amended as follows.

(2)In subsection (1) in the definition of “executive leader”, for “section 11(3)(a)” substitute “ section 11(2A)(a) or (3)(a) ”.

F103(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I65S. 70 in force at 30.12.2007, see s. 245(2)

71Larger authorities to cease operating alternative arrangementsE+W

(1)This section applies to a local authority if—

(a)the authority is operating alternative arrangements, and

(b)the resident population of the authority's area on 30th June 1999 was 85,000 or more.

(2)The local authority must draw up proposals for—

(a)ceasing to operate alternative arrangements, and

(b)starting to operate executive arrangements which provide for a leader and cabinet executive (England).

(3)The proposals must include all of the following—

(a)a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England);

(b)a timetable with respect to the implementation of the proposals;

(c)details of any transitional arrangements which are necessary for the implementation of the proposals.

(4)The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority's annual meeting in 2009.

(5)After drawing up the proposals, the local authority must—

(a)secure that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at all reasonable times, and

(b)publish in one or more newspapers circulating in its area a notice which—

(i)states that the authority has drawn up the proposals,

(ii)describes the main features of the proposals,

(iii)states that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(iv)specifies the address of the principal office.

(6)A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England).

(7)Section 29(2) of the Local Government Act 2000 (c. 22) applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements.

(8)If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals.

(9)Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000.

(10)In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section.

(11)For the purposes of this section the resident population of any area on 30th June 1999 is to be taken to be the Registrar General's estimate of that population on that date.

Commencement Information

I66S. 71 in force at 30.12.2007, see s. 245(2)

72Failure to cease operating alternative arrangementsE+W

(1)This section applies if—

(a)section 71 applies to a local authority, and

(b)it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority's annual meeting in 2009.

(2)The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England).

(3)The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority's annual meeting in 2009.

(4)Arrangements which the Secretary of State specifies under subsection (2) are to be treated as having been made by the local authority itself.

(5)Arrangements which come into operation in accordance with subsection (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000 (c. 22).

(6)As soon as practicable after executive arrangements are specified under subsection (2), the local authority must comply with the following provisions of the Local Government Act 2000—

(a)section 29(2)(a);

(b)section 29(2)(b)(ii) to (v).

Commencement Information

I67S. 72 in force at 30.12.2007, see s. 245(2)

73Sections 71 and 72: supplementaryE+W

(1)Section 33C of the Local Government Act 2000 does not apply to a local authority to which section 71 applies.

(2)Section 33I(1) of the Local Government Act 2000 is subject to sections 71 and 72.

(3)Subsection (4) applies to a local authority which—

(a)starts to operate a leader and cabinet executive (England) in accordance with section 71 or 72, and

(b)draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive).

(4)For the purposes of section 33L of the Local Government Act 2000, the first permitted resolution period is to be the period which—

(a)starts with 1 October 2010, and

(b)ends with 31 December 2010;

(rather than the other period ending with 31 December 2010 that is specified in the table in section 33O(5) of the Local Government Act 2000).

(5)Expressions used in section 71 or 72 that are also used in Part 2 of the Local Government Act 2000 have the same meanings in that section as in that Part.

Commencement Information

I68S. 73 in force at 30.12.2007, see s. 245(2)

74Further amendments & transitional provisionE+W

(1)Schedule 3 (executives: further amendments) has effect.

(2)Schedule 4 (new arrangements for executives: transitional provision) has effect.

Commencement Information

I69S. 74(2) in force at Royal Assent, see s. 245(1)

I70S. 74(1) in force at 30.12.2007, see s. 245(2)

Part 4E+WParishes

Chapter 1E+WParishes

75Parishes: alternative stylesE+W

(1)The Local Government Act 1972 (c. 70) is amended as follows.

(2)After section 11 insert—

11AGrouping: alternative styles

(1)An order under section 11(1) which forms a new group may make the provision set out in subsection (3).

(2)But the order must make that provision in either of these cases—

(a)if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style;

(b)if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style.

(3)The provision referred to in subsections (1) and (2) is—

(a)provision that each of the parishes in the group shall have an alternative style, or

(b)provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style.

(4)Provision made by virtue of subsection (3)(a)—

(a)must provide for each of the parishes to have the same alternative style;

(b)may provide for each of the parishes to have an alternative style which any of them already has;

(c)has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made.

(5)An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if—

(a)the parishes in the group do not have an alternative style, and

(b)at least one of the parishes which is to be added has an alternative style.

(6)The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style.

(7)An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if—

(a)the parishes in the group have an alternative style, and

(b)at least one of the parishes which is to be added—

(i)has a different alternative style, or

(ii)does not have any of the alternative styles.

(8)The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group.

(9)If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles—

(a)“group of communities”;

(b)“group of neighbourhoods”;

(c)“group of villages”.

(10)As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the Electoral Commission;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council or county council within whose area the parish lies.

11BDe-grouping: alternative styles

(1)This section applies if—

(a)the parishes in a group of parishes have an alternative style, and

(b)an order under section 11(4) dissolves the group or separates one or more parishes from the group.

(2)The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.

(3)In subsection (2) “de-grouped parish” means—

(a)in the case of dissolution of the group, each parish in the group;

(b)in the case of separation of one or more parishes from the group, each parish that is separated.

(3)After section 12 insert—

12AParishes: alternative styles

(1)This section applies to a parish which is not grouped with any other parish.

(2)The appropriate parish authority may resolve that the parish shall have one of the alternative styles.

(3)If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style.

(4)A single resolution may provide for a parish—

(a)to cease to have an alternative style, and

(b)to have another of the alternative styles instead.

(5)As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the Electoral Commission;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council, county council or London borough council within whose area the parish lies.

(6)In this section “appropriate parish authority” means—

(a)the parish council, or

(b)if the parish does not have a parish council, the parish meeting.

12BGroups of parishes: alternative styles

(1)This section applies to a group of parishes.

(2)The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.

(3)If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.

(4)A single resolution may provide for each of the grouped parishes—

(a)to cease to have an alternative style, and

(b)to have the same one of the other alternative styles instead.

(5)If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—

(a)“group of communities”;

(b)“group of neighbourhoods”;

(c)“group of villages”.

(6)As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the Electoral Commission;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council, county council or London borough council within whose area the group lies.

(4)In section 13 (constitution of parish meeting etc) after subsection (5) insert—

(5A)If the parish has the style of community—

(a)the parish meeting shall have the style of “community meeting”;

(b)the parish trustees shall be known by the name of “The Community Trustees” with the addition of the name of the community.

(5B)If the parish has the style of neighbourhood—

(a)the parish meeting shall have the style of “neighbourhood meeting”;

(b)the parish trustees shall be known by the name of “The Neighbourhood Trustees” with the addition of the name of the neighbourhood.

(5C)If the parish has the style of village—

(a)the parish meeting shall have the style of “village meeting”;

(b)the parish trustees shall be known by the name of “The Village Trustees” with the addition of the name of the village.

(5)In section 14 (constitution and powers of parish council), after subsection (2) insert—

(2A)If the parish has the style of community, the council shall be known by the name “The Community Council” with the addition of the name of the community.

(2B)If the parish has the style of neighbourhood, the council shall be known by the name “The Neighbourhood Council” with the addition of the name of the neighbourhood.

(2C)If the parish has the style of village, the council shall be known by the name “The Village Council” with the addition of the name of the village.

(2D)If parishes are grouped under a common parish council—

(a)subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that council as the subsection would apply in the case of the council of an individual parish; but

(b)the names of all of the parishes, communities, neighbourhoods or villages in the group are to be included in the name of the common council.

(6)In section 15 (chairman and vice-chairman of parish council or meeting), after subsection (10) insert—

(11)If the parish has the style of community, the chairman and vice-chairman shall (respectively) have the style—

(a)“chairman of the community council”;

(b)“vice-chairman of the community council”.

(12)If the parish has the style of neighbourhood, the chairman and vice-chairman shall (respectively) have the style—

(a)“chairman of the neighbourhood council”;

(b)“vice-chairman of the neighbourhood council”.

(13)If the parish has the style of village, the chairman and vice-chairman shall (respectively) have the style—

(a)“chairman of the village council”;

(b)“vice-chairman of the village council”.

(14)If parishes which have an alternative style are grouped under a common parish council, subsection (11), (12) or (13) (as appropriate) applies to the chairman and vice-chairman of that council as the subsection would apply in the case of the council of an individual parish.

(7)In section 16 (parish councillors), after subsection (5) insert—

(6)If the parish has the style of community, the councillors shall have the style of “councillors of the community council”.

(7)If the parish has the style of neighbourhood, the councillors shall have the style of “councillors of the neighbourhood council”.

(8)If the parish has the style of village, the councillors shall have the style of “councillors of the village council”.

(9)If parishes which have an alternative style are grouped under a common parish council, subsection (6), (7) or (8) (as appropriate) applies to the councillors of that council as the subsection would apply in the case of the council of an individual parish.

(8)Before section 18 (and the cross-heading preceding it) insert—

17AAlternative styles: supplementary

(1)This section applies for the purposes of sections 9 to 16A.

(2)Alternative style” means one of the following styles—

(a)“community”;

(b)“neighbourhood”;

(c)“village”.

(3)References to a parish having an alternative style, or a particular alternative style, are references to the parish having that style by virtue of—

(a)a relevant order, or

(b)a resolution under section 12A or 12B.

(4)The provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style are subject to any resolution under section 12A or 12B relating to that parish.

(5)A resolution under section 12A or 12B relating to a parish is subject to any provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style.

(6)A parish shall cease to have an alternative style if the parish begins to have the status of a town by virtue of section 245(6).

(7)In this section “relevant order” means an order under—

(a)section 11 of this Act, or

(b)section 86 of the Local Government and Public Involvement in Health Act 2007.

Commencement Information

I71S. 75 in force at 13.2.2008 by S.I. 2008/337, art. 2(a)

76Appointed councillorsE+W

(1)The Local Government Act 1972 (c. 70) is amended as follows.

(2)In section 15 (chairman and vice-chairman of parish council)—

(a)in subsection (1) after “from among the” insert “ elected ”;

(b)in subsection (6) for “a member” substitute “ one of the elected members ”.

(3)In section 16 (parish councillors), in subsection (1) after “number of” insert “ elected ”.

(4)After section 16 insert—

16AAppointed councillors

(1)A parish council may appoint persons to be councillors of the council.

(2)The Secretary of State may by regulations make provision about—

(a)the appointment of persons under this section;

(b)the holding of office after appointment under this section.

(3)The regulations may, in particular, make provision about any of the following matters—

(a)persons who may be appointed;

(b)the number of persons who may be appointed;

(c)the term of office of persons appointed;

(d)the right of persons appointed to participate in decision-making by the council (including voting);

(e)purposes for which a person appointed is to be treated as an elected councillor;

(f)the filling of vacancies.

(4)In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.

(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I72S. 76 in force at 1.4.2008 for specified purposes by S.I. 2008/917, art. 4

Chapter 2E+WPower to promote well-being

77Extension of power to certain parish councilsE+W

(1)Section 1 of the Local Government Act 2000 (c. 22) (meaning of local authority in Part 1 of 2000 Act) is amended as follows.

(2)The provision of that section becomes subsection (1) of section 1.

(3)In subsection (1), after paragraph (a)(v) insert—

(vi)an eligible parish council,.

(4)After subsection (1) insert—

(2)A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.

Commencement Information

I73S. 77 in force at 1.4.2008 for specified purposes by S.I. 2008/917, art. 5

I74S. 77 in force at 31.12.2008 in so far as not already in force by S.I. 2008/3110, art. 3(a)

F10478Community strategiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104S. 78 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(d), 115(3)(k)

Chapter 3E+WReorganisation

Modifications etc. (not altering text)

Key terms usedE+W

79Community governance reviewsE+W

(1)A community governance review is a review of the whole or part of the principal council's area, for the purpose of making recommendations of the kinds set out in sections 87 to 92 (if, and so far as, those sections are applicable).

(2)In undertaking a community governance review the principal council must comply with—

(a)this Chapter, and

(b)the terms of reference of the review.

(3)A district council which is to undertake a community governance review must notify the county council for its area (if any)—

(a)that the review is to be undertaken, and

(b)of the terms of reference of the review (including any modification of those terms).

Modifications etc. (not altering text)

Commencement Information

I75S. 79 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

80Community governance petitionsE+W

(1)A community governance petition is a petition for a community governance review to be undertaken.

(2)A petition is not a valid community governance petition unless the conditions in subsections (3) to (6) are met (so far as they are applicable).

(3)The petition must be signed as follows—

(a)if the petition area has fewer than 500 local government electors, the petition must be signed by at least [F10537.5%] of the electors;

(b)if the petition area has between 500 and 2,500 local government electors, the petition must be signed by at least [F106187] of the electors;

(c)if the petition area has more than 2,500 local government electors, the petition must be signed by at least [F1077.5%] of the electors.

(4)The petition must—

(a)define the area to which the review is to relate (whether on a map or otherwise), and

(b)specify one or more recommendations which the petitioners wish a community governance review to consider making.

(5)If the specified recommendations include the constitution of a new parish, the petition must define the area of the new parish (whether on a map or otherwise).

(6)If the specified recommendations include the alteration of the area of an existing parish, the petition must define the area of the parish as it would be after alteration (whether on a map or otherwise).

(7)If the specified recommendations include the constitution of a new parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).

(8)If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).

Textual Amendments

Commencement Information

I76S. 80 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

[F10880A.Community governance applicationsE+W

(1)A community governance application is an application for a community governance review to be undertaken.

(2)An application is not a valid community governance application unless the conditions in subsections (3) to (7) are met (so far as they are applicable).

(3)The application may be made only by an organisation or body designated as a neighbourhood forum under section 61F of the Town and Country Planning Act 1990.

(4)The application must relate to the whole or any part of an area specified in a neighbourhood development plan made under section 38A of the Planning and Compulsory Purchase Act 2004.

(5)The application must—

(a)define the area to which the review is to relate (whether on a map or otherwise), and

(b)specify one or more recommendations which the applicant wishes a community governance review to consider making.

(6)If the specified recommendations include the constitution of a new parish, the application must define the area of the new parish (whether on a map or otherwise).

(7)If the specified recommendations include the alteration of the area of an existing parish, the application must define the area of the parish as it would be after alteration (whether on a map or otherwise).

(8)If the specified recommendations include the constitution of a new parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).

(9)If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).]

81Terms of reference of reviewE+W

(1)The terms of reference of a community governance review are the terms on which the review is to be undertaken.

(2)The terms of reference of a community governance review must specify the area under review.

(3)Sections 83 and 84 make further provision about the terms of reference of community governance reviews.

(4)Subject to subsection (2), and sections 83 and 84, it is for a principal council—

(a)to decide the terms of reference of any community governance review which the council is to undertake; and

(b)to decide what modifications (if any) to make to terms of reference.

(5)As soon as practicable after deciding terms of reference, the principal council must publish the terms.

(6)As soon as practicable after modifying terms of reference, the principal council must publish the modified terms.

Commencement Information

I77S. 81 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Undertaking community governance reviewsE+W

82Council's power to undertake reviewE+W

A principal council may undertake a community governance review.

Commencement Information

I78S. 82 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

83No review being undertaken: duty to respond to petition [F109or application] E+W

(1)This section applies if these conditions are met—

(a)a principal council is not in the course of undertaking a community governance review;

(b)the council receives a community governance petition [F110or community governance application] which relates to the whole or part of the council's area.

(2)The principal council must undertake a community governance review that has terms of reference that allow for the petition [F111or application] to be considered.

(3)But the duty in subsection (2) does not apply if—

(a)the principal council has concluded a previous community governance review within the relevant two-year period, and

(b)in the council's opinion the petition area [F112or application area] covers the whole or a significant part of the area to which the previous review related.

For further provision about this case, see section 85.

Textual Amendments

Commencement Information

I79S. 83 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

84Review being undertaken: duty to respond to petition [F113or application] E+W

(1)This section applies if the following conditions are met—

(a)a principal council is in the course of undertaking a community governance review of part of the council's area (“the current review”);

(b)the council receives a community governance petition [F114or community governance application] which relates to part of the council's area;

(c)the petition area [F115or application area] is wholly outside the area under review.

(2)The principal council must follow one of the options in subsection (4), (5) or (6).

(3)But the duty in subsection (2) does not apply if—

(a)the principal council has concluded a previous community governance review within the relevant two-year period, and

(b)in the council's opinion the petition area [F116or application area] covers the whole or a significant part of the area to which the previous review related.

For further provision about this case, see section 85.

(4)The first option mentioned in subsection (2) is for the principal council to modify the terms of reference of the current review so that they allow for the petition [F117or application] to be considered.

(5)The second option is for the principal council to undertake a community governance review that—

(a)is separate from the current review, and

(b)has terms of reference that allow for the petition [F118or application] to be considered.

(6)The third option is for the principal council to—

(a)modify the terms of reference of the current review,

(b)undertake a community governance review that is separate from the current review (“the new review”), and

(c)secure that (when taken together)—

(i)the terms of reference of the current review (as modified), and

(ii)the terms of reference of the new review,

allow for the petition [F119or application] to be considered.

85Power to respond to petition [F120or application] E+W

(1)In any of the following cases where a principal council receive a community governance petition [F121or community governance application], it is for the council to decide what action (if any) to take under section 82 (power to undertake review) or 81(4)(b) (power to modify terms of review) in response to that petition [F122or application].

(2)The first case is where—

(a)section 83 applies (no review being undertaken when petition [F123or application] received), but

(b)the duty in section 83(2) does not apply because of section 83(3) (no duty to respond to petition [F124or application] because previous review concluded in relevant two-year period).

(3)The second case is where—

(a)section 84 applies (review being undertaken when petition [F125or application] received: petition area [F126or application area] wholly outside area under review), but

(b)the duty in section 84(2) does not apply because of section 84(3) (no duty to respond to petition [F127or application] because previous review concluded in relevant two-year period).

(4)The third case is where these conditions are met—

(a)a principal council is in the course of undertaking a community governance review of part of the council's area;

(b)the council receives a community governance petition [F128or community governance application] which relates to part of the council's area;

(c)the petition area [F129or application area] is not wholly outside the area under review.

(5)The fourth case is where these conditions are met—

(a)a principal council is in the course of undertaking a community governance review of part of the council's area;

(b)the council receives a community governance petition [F130or community governance application] which relates to the whole of the council's area.

(6)The fifth case is where these conditions are met—

(a)a principal council is in the course of undertaking a community governance review of the whole of the council's area;

(b)the council receives a community governance petition [F131or community governance application] which relates to the whole or part of the council's area.

Textual Amendments

Commencement Information

I81S. 85 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Reorganisation of community governanceE+W

86Reorganisation of community governanceE+W

(1)This section applies if a community governance review is undertaken.

(2)The principal council may, by order, give effect to the recommendations made in the review (except recommendations made to the [F132Local Government Boundary Commission] in accordance with section 92).

(3)But such an order may not include provision giving effect to any recommendations to change protected electoral arrangements, unless the [F133Local Government Boundary Commission] agrees to that provision.

(4)An order under this section must include a map showing in general outline the area affected by the order.

(5)An order under this section may vary or revoke a provision of an order previously made under—

(a)this section,

(b)Part 1 of this Act,

[F134(ba)section 59 of the Local Democracy, Economic Development and Construction Act 2009,]

(c)section 17 of the Local Government Act 1992 (c. 19), or

(d)section 16 or 17 of the Local Government and Rating Act 1997 (c. 29).

(6)For the purposes of this section electoral arrangements are “protected” if—

(a)the electoral arrangements relate to the council of an existing parish,

(b)the electoral arrangements were made, or altered, by or in pursuance of an order under [F135section 59 of the Local Democracy, Economic Development and Construction Act 2009,] section 17 of the Local Government Act 1992 (c. 19) or section 14 of the Local Government and Rating Act 1997 (c. 29), and

(c)that order was made during the period of five years ending with the day on which the community governance review starts.

Textual Amendments

Modifications etc. (not altering text)

C16S. 86 modified by S.I. 2008/2113, reg. 7(5)(6) (as inserted (E.) (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(2))

Commencement Information

I82S. 86 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Recommendations of reviewE+W

87Constitution of new parishE+W

(1)A community governance review must make recommendations as to what new parish or parishes (if any) should be constituted in the area under review.

(2)A new parish is constituted in any one of the following ways—

(a)by establishing an unparished area as a parish;

(b)by aggregating one or more unparished areas with one or more parished areas;

(c)by aggregating parts of parishes;

(d)by amalgamating two or more parishes;

(e)by separating part of a parish;

but the aggregation of one or more unparished areas with a single parish is not the constitution of a new parish.

(3)For the purposes of subsection (2)—

  • parished area” means an area which—

    (a)

    is a parish, or

    (b)

    is part of a parish;

  • unparished area” means an area which—

    (a)

    is not a parish, and

    (b)

    is not part of a parish.

(4)The following subsections apply if the review recommends that a new parish should be constituted.

(5)The review must also make recommendations as to the name of the new parish.

(6)The review must also make recommendations as to whether or not the new parish should have a parish council.

(7)The review must also make recommendations as to whether or not the new parish should have one of the alternative styles.

Commencement Information

I83S. 87 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

88Existing parishes under reviewE+W

(1)A community governance review must make the following recommendations in relation to each of the existing parishes under review (if any).

(2)The review must make one of the following recommendations—

(a)recommendations that the parish should not be abolished and that its area should not be altered;

(b)recommendations that the area of the parish should be altered;

(c)recommendations that the parish should be abolished.

(3)The review must make recommendations as to whether or not the name of the parish should be changed.

(4)The review must make one of the following recommendations—

(a)if the parish does not have a council: recommendations as to whether or not the parish should have a council;

(b)if the parish has a council: recommendations as to whether or not the parish should continue to have a council.

(5)But the review may not make any recommendations for the parish—

(a)to begin to have an alternative style (if it does not already have one), or

(b)to cease to have an alternative style, or to have a different alternative style, (if it already has one).

(6)In this section—

(a)existing parishes under review” means each of the parishes (if any) which are already in existence in the area under review;

(b)references to the alteration of an area of a parish are references to any alteration which is not the constitution of a new parish (within the meaning of section 87(2)).

Commencement Information

I84S. 88 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

89New council: consequential recommendationsE+W

(1)This section applies if, under a relevant provision, a community governance review makes recommendations that a parish should have a parish council.

(2)The review must also make recommendations as to what electoral arrangements should apply to the council.

(3)These are the relevant provisions for the purposes of this section—

(a)section 87 (new parishes);

(b)section 88 (existing parishes)

Commencement Information

I85S. 89 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

90Council retained: consequential recommendationsE+W

(1)This section applies if, under a section 88, a community governance review makes recommendations that a parish should continue to have a parish council.

(2)The review must also make recommendations as to what changes (if any) should be made to the electoral arrangements that apply to the council.

Commencement Information

I86S. 90 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

91Grouping or de-grouping parishesE+W

(1)A community governance review may make recommendations as to whether or not grouping or de-grouping provision should be made.

(2)If the review recommends that grouping or de-grouping provision should be made, those recommendations must in particular include recommendations as to what changes (if any) should be made to the electoral arrangements that apply to any council affected by the provision.

(3)The reference to grouping or de-grouping provision is a reference to provision equivalent to the provision of an order under section 11 of the Local Government Act 1972 (c. 70).

Commencement Information

I87S. 91 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

92County, district or London borough: consequential recommendationsE+W

(1)This section applies if a community governance review makes recommendations under any other provision of this Chapter.

(2)The review may make recommendations to the [F136Local Government Boundary Commission] as to what related alteration (if any) should be made to the boundaries of the electoral areas of any affected principal council.

(3)The [F137Local Government Boundary Commission] may by order give effect to recommendations made under subsection (2).

(4)The [F138Local Government Boundary Commission] must notify each relevant principal council of whether or not the Commission have given effect to recommendations made under subsection (2).

(5)If the [F139Local Government Boundary Commission] have given effect to the recommendations, they must also send each relevant principal council two copies of the order under this section.

(6)In this section—

  • affected principal council” means any principal council whose area the community governance review relates to (including the council carrying out the review);

  • related” means related to the other recommendations made under this Chapter.

  • relevant principal council”, in relation to recommendations under subsection (2), means—

    (a)

    the principal council that made the recommendations, and

    (b)

    if the recommendations are made by a district council for an area for which there is a county council, the county council.

Duties of council undertaking reviewE+W

93Duties when undertaking a reviewE+W

(1)The principal council must comply with the duties in this section when undertaking a community governance review.

(2)But, subject to those duties, it is for the principal council to decide how to undertake the review.

(3)The principal council must consult the following—

(a)the local government electors for the area under review;

(b)any other person or body (including a local authority) which appears to the principal council to have an interest in the review.

(4)The principal council must have regard to the need to secure that community governance within the area under review—

(a)reflects the identities and interests of the community in that area, and

(b)is effective and convenient.

(5)In deciding what recommendations to make, the principal council must take into account any other arrangements (apart from those relating to parishes and their institutions)—

(a)that have already been made, or

(b)that could be made,

for the purposes of community representation or community engagement in respect of the area under review.

(6)The principal council must take into account any representations received in connection with the review.

(7)As soon as practicable after making any recommendations, the principal council must—

(a)publish the recommendations; and

(b)take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of those recommendations.

(8)The principal council must conclude the review within the period of 12 months starting with the day on which the council [F140receives the community governance petition or community governance application].

Textual Amendments

Modifications etc. (not altering text)

C21S. 93(8) modified by S.I. 2008/2113, reg. 7(5)(6) (as inserted (E.) (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(2))

Commencement Information

I89S. 93 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

94Recommendations to create parish councilsE+W

(1)This section applies where a community governance review is required to make any of the following recommendations—

(a)recommendations under section 87(6) as to whether or not a new parish should have a parish council;

(b)recommendations under section 88(4)(a) as to whether or not an existing parish should have a parish council.

(2)If the parish has 1,000 or more local government electors, the review must recommend that the parish should have a council.

(3)If the parish has 150 or fewer local government electors, the review must recommend that the parish should not have a council.

(4)But subsection (3) does not apply if any part of the parish mentioned in subsection (1) is currently—

(a)a parish which has a council, or

(b)part of such a parish.

(5)If neither subsection (2) nor (3) applies, it is for the principal council to decide whether or not the parish should have a council.

Commencement Information

I90S. 94 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

95Electoral recommendations: general considerationsE+W

(1)This section applies to the principal council when deciding a recommendation of a kind listed in the following table.

RecommendationMade under
What electoral arrangements should apply to a new parish councilSection 89(2)
What changes (if any) should be made to the electoral arrangements which apply to a parish councilSection 90(2)

(2)The principal council must consider the questions in subsection (3) when deciding whether to recommend that a parish should, or should not, be or continue to be divided into wards for the purpose of electing councillors.

(3)Those questions are—

(a)whether the number, or distribution, of the local government electors for the parish would make a single election of councillors impracticable or inconvenient;

(b)whether it is desirable that any area or areas of the parish should be separately represented on the council.

(4)If the principal council decides to recommend that a parish should be divided into wards, the principal council must have regard to the factors in subsection (5) when considering—

(a)the size and boundaries of the wards, and

(b)the number of councillors to be elected for each ward.

(5)Those factors are—

(a)the number of local government electors for the parish;

(b)any change in the number, or distribution, of the local government electors which is likely to occur in the period of five years beginning with the day when the review starts;

(c)the desirability of fixing boundaries which are, and will remain, easily identifiable;

(d)any local ties which will be broken by the fixing of any particular boundaries.

(6)If the principal council decides to recommend that a parish should not be divided into wards, the principal council must have regard to the factors in subsection (7) when considering the number of councillors to be elected for the parish.

(7)Those factors are—

(a)the number of local government electors for the parish;

(b)any change in that number which is likely to occur in the period of five years beginning with the day when the review starts.

Commencement Information

I91S. 95 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Publicising outcome of reviewE+W

96Publicising outcomeE+W

(1)This section applies if a community governance review is undertaken.

(2)As soon as practicable after a principal council has decided to what extent it will give effect to the recommendations made in a community governance review, the council must—

(a)publish—

(i)that decision, and

(ii)the council's reasons for making that decision; and

(b)take such steps as the council considers sufficient to secure that persons who may be interested in the review are informed of that decision and those reasons.

(3)The following subsections apply if the council makes a reorganisation order.

(4)As soon as practicable after making the order, the council must deposit at its principal office—

(a)a copy of the reorganisation order, and

(b)a map which shows the effects of the order in greater detail than the map included in the order.

(5)The council must make the copy of the order and the map available for public inspection at all reasonable times.

(6)The council must publicise that the order and map are available for public inspection in accordance with subsection (5).

(7)As soon as practicable after making the order, the principal council must inform all of the following that the order has been made—

(a)the Secretary of State;

(b)the [F141Local Government Boundary Commission];

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any other principal council whose area the order relates to.

MiscellaneousE+W

97Supplementary regulationsE+W

(1)The Secretary of State may by regulations of general application make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, reorganisation orders.

(2)Regulations under this section are to have effect subject to any provision made by a reorganisation order.

Modifications etc. (not altering text)

C24Ss. 96-100 modified by S.I. 2008/2113, reg. 7(5)(6) (as inserted (E.) (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(2))

Commencement Information

I93S. 97 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

98Orders and regulations under this ChapterE+W

(1)If a principal council makes a reorganisation order, the council must send—

(a)two copies of the order to the Secretary of State; and

(b)two copies of the order to the [F142Local Government Boundary Commission].

(2)If the Secretary of State makes regulations under section 97, he must send two copies of the regulations to the [F143Local Government Boundary Commission].

(3)A reorganisation order may include such incidental, consequential, transitional or supplementary provision as may appear to the principal council to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.

(4)A reorganisation order, or regulations under section 97, may include any of the following provision—

(a)provision with respect to the transfer and management or custody of property (whether real or personal);

(b)provision with respect to the transfer of functions, property, rights and liabilities.

(5)Provision made under subsection (4)(b) may include any of the following—

(a)provision for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;

(b)provision for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

(c)provision for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.

(6)A reorganisation order, or regulations under section 97, may include provision for the exclusion or modification of the application of any of the following—

(a)section 16(3) or 90 of the Local Government Act 1972 (c. 70), or

(b)rules under section 36 of the Representation of the People Act 1983 (c. 2), whenever made.

(7)An order under section 92 may include such incidental, consequential, transitional or supplementary provision as may appear to the [F144Local Government Boundary Commission] to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.

99Agreements about incidental mattersE+W

(1)Any public bodies affected by a reorganisation of community governance may from time to time make agreements with respect to—

(a)any property, income, rights, liabilities and expenses (so far as affected by the order) of the parties to the agreement;

(b)any financial relations between the parties to the agreement.

(2)Such an agreement may in particular provide—

(a)for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b)for the making of payments by any party to the agreement in respect of—

(i)property, rights and liabilities so transferred or retained;

(ii)such joint use; or

(iii)the remuneration or compensation payable to any person;

(c)for any such payment to be made by instalments or otherwise;

(d)for interest to be charged on any such instalments.

(3)In default of agreement about any disputed matter, the matter is to be referred to the arbitration of a single arbitrator—

(a)agreed on by the parties; or

(b)in default of agreement, appointed by the Secretary of State.

(4)The arbitrator's award may make any provision that could be contained in an agreement under this section.

(5)In this section—

  • disputed matter” means any matter that—

    (a)

    could be the subject of provision contained in an agreement under this section; and

    (b)

    is the subject of a dispute between two or more public bodies that is not resolved by or under any order or regulations under this Chapter;

  • public body” has the same meaning as in section 16;

  • reorganisation of community governance” means any changes made by giving effect to a community governance review.

Modifications etc. (not altering text)

C24Ss. 96-100 modified by S.I. 2008/2113, reg. 7(5)(6) (as inserted (E.) (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(2))

Commencement Information

I95S. 99 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

100GuidanceE+W

(1)The Secretary of State may issue guidance about undertaking community governance reviews.

(2)The [F145Local Government Boundary Commission] may issue guidance about the making of recommendations under sections 89(2) or 90(2) (electoral arrangements for parish councils) or 92 (consequential recommendations about county, district or London borough councils).

(3)The Secretary of State may issue guidance about giving effect to recommendations made in community governance reviews.

(4)A principal council must have regard to guidance issued under this section.

101Consequential amendmentsE+W

Schedule 5 (consequential amendments) has effect.

Commencement Information

I97S. 101 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

102InterpretationE+W

(1)This section applies for the purposes of this Chapter.

(2)The following expressions have the meanings given—

  • alternative style” has the same meaning as in sections 9 to 16A of the Local Government Act 1972 (c. 70) (see section 17A of that Act);

  • [F146“application area” means the area to which a community governance application relates;]

  • area under review”, in relation to a community governance review, means however much of the area of a principal council is subject to the review;

  • [F146“community governance application” has the meaning given by section 80A]

  • community governance petition” has the meaning given by section 80;

  • community governance review” has the meaning given by section 79;

  • electoral arrangements”, in relation to a parish council, means all of the following—

    (a)

    the year in which ordinary elections of councillors are to be held;

    (b)

    the number of councillors to be elected to the council, or (in the case of a common council) the number of councillors to be elected to the council by each parish;

    (c)

    the division (or not) of the parish, or (in the case of a common council) any of the parishes, into wards for the purpose of electing councillors;

    (d)

    the number and boundaries of any such wards;

    (e)

    the number of councillors to be elected for any such ward;

    (f)

    the name of any such ward;

  • local government elector” has the same meaning as in the Local Government Act 1972 (see section 270);

  • [F147Local Government Boundary Commission” means the Local Government Boundary Commission for England.]

  • petition area” means the area to which a community governance petition relates;

  • principal council” means—

    (a)

    a district council in England,

    (b)

    a county council in England for an area in which there are no district councils, or

    (c)

    a London borough council;

  • reorganisation order” means an order under section 86;

  • [F148“relevant two-year period”, in relation to receipt of a community governance petition or community governance application, means the period of two years ending with the day on which the petition or application is received by the principal council;]

  • [F149“specified recommendations”, in relation to a community governance petition or community governance application, means the recommendations—

    (a)

    specified in the petition or application, or

    (b)

    treated by section 80 as included in the recommendations specified in the petition or treated by section 80A as included in the recommendations specified in the application;]

  • terms of reference” has the meaning given by section 81.

(3)A principal council “begins” a community governance review when the council publishes the terms of reference of the review.

(4)A principal council “concludes” a community governance review when the council publishes the recommendations made in the review.

(5)A principal council is “in the course of undertaking” a community governance review in the period between—

(a)beginning the review, and

(b)concluding the review.

[F150(6)The terms of reference of a community governance review “allow for a community governance petition or community governance application to be considered” if the terms of reference of the review are such that—

(a)the area under review includes the whole of the petition area or application area; and

(b)the recommendations to be considered by the review include all of the petition’s or application’s specified recommendations.]

Part 5E+WCo-operation of English authorities with local partners, etc

Chapter 1E+WF151...Community strategies

Textual Amendments

F151Words in Pt. 5 Ch. 1 heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(2), 115(3)(k)

103Application of Chapter: responsible local authoritiesE+W

For the purposes of this Chapter, each of the following is a responsible local authority—

(a)a county council in England;

(b)a district council in England, other than a council for a district in a county for which there is a county council;

(c)a London borough council;

(d)the Council of the Isles of Scilly;

(e)the Common Council of the City of London in its capacity as a local authority.

Commencement Information

I99S. 103 in force at 30.12.2007, see s. 245(2)

104Application of Chapter: partner authoritiesE+W

(1)For the purposes of this Chapter, each of the following is a partner authority in relation to a responsible local authority—

(a)any person mentioned in subsection (2) who acts or is established for an area which, or any part of which, coincides with or falls within the responsible local authority's area;

(b)any person mentioned in subsection (3) who provides services at or from a hospital or other establishment or facility which falls within the responsible local authority's area; and

(c)any person mentioned in subsection (4).

(2)The persons referred to in subsection (1)(a) are—

(a)any district council which is not a responsible local authority;

(b)a fire and rescue authority;

(c)a National Park authority;

(d)the Broads Authority;

[F152(e)a local policing body;]

(f)a chief officer of police;

F153(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);

[F154(i)an Integrated Transport Authority for an integrated transport area in England;]

[F155(ia)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(ib)a combined authority established under section 103 of that Act;]

(j)Transport for London;

[F156(ja)a clinical commissioning group;

(jb)the National Health Service Commissioning Board;]

F157(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F158(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)a local probation board established by section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

(n)a youth offending team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

(3)The persons referred to in subsection (1)(b) are—

(a)a National Health Service trust;

(b)an NHS foundation trust.

(4)The persons referred to in subsection (1)(c) are—

(a)the Arts Council of England;

(b)the English Sports Council;

(c)the Environment Agency;

(d)the Health and Safety Executive;

[F159(da)the Office for Nuclear Regulation;]

(e)the Historic Buildings and Monuments Commission;

[F160(ea)the Homes and Communities Agency;]

F161(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F162(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the Museums, Libraries and Archives Council;

(h)Natural England;

(i)the Secretary of State, but only in relation to—

(i)his functions under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees);

(ii)functions which he has as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66);F163...

(iii)functions which he has as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27).

[F164(iv)his functions under sections 2 and 3 of the Offender Management Act 2007 (responsibility for ensuring the provision of probation services throughout England and Wales).]

(5)In this section, “fire and rescue authority” means—

(a)a fire and rescue authority constituted by—

(i)a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21); or

(ii)a scheme to which section 4 of that Act applies;

[F165(aa)a fire and rescue authority created by an order under section 4A of that Act;]

(b)a metropolitan county fire and rescue authority; or

(c)[F166the London Fire and Emergency Planning Authority.]

[F166the London Fire Commissioner.]

[F167(5A)The Secretary of State's functions under this Chapter as a partner authority of a local authority in relation to the functions referred to in subsection (4)(i)(iv) are functions to which section 2(1)(c) of the Offender Management Act 2007 (functions to be performed through arrangements under section 3 of that Act) applies.]

(6)In subsection (1)(a), references to the area for which a person acts or is established are references—

(a)in the case of the Commissioner of Police of the Metropolis, to the metropolitan police district (within the meaning of the Police Act 1996 (c. 16));

(b)in the case of the Commissioner of the City of London Police, to the City of London police area (within the meaning of that Act);

(c)in the case of any other chief officer of police, to the police area listed in Schedule 1 to that Act for which his police force is maintained;

(d)in the case of Transport for London, Greater London.

(7)The Secretary of State may by order—

(a)amend subsection (2), (3) or (4) by—

(i)adding to it any person who has functions of a public nature;

(ii)removing from it any person for the time being mentioned in it; or

(iii)adding to subsection (4)(i) any function of the Secretary of State or removing from it any function for the time being mentioned in it; and

(b)make such other amendments of this section as appear to him to be necessary or expedient in consequence of provision made under paragraph (a).

(8)Before making an order under subsection (7) the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

Textual Amendments

F158S. 104(2)(l) repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

F161S. 104(4)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 59

F162S. 104(4)(fa) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 39; S.I. 2012/924, art. 2

F163Word in s. 104(4)(i) omitted (1.4.2008) by virtue of the Offender Management Act 2007 (c. 21), s. 41, Sch. 3 para. 5(2)(a), Sch. 5 Pt. 1; S.I. 2008/504, art. 3(l)(n)

F164S. 104(4)(i)(iv) and semi-colon inserted (1.4.2008) by the Offender Management Act 2007 (c. 21), s. 41, Sch. 3 para. 5(2)(b); S.I. 2008/504, art. 3(l)

F165S. 104(5)(aa) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 84; S.I. 2017/399, reg. 2, Sch. para. 38

F166S. 104(5)(c) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 114

Commencement Information

I100S. 104 in force at 30.12.2007, see s. 245(2)

F168105“Local improvement targets”: interpretationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Ss. 105-113 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(a), 115(3)(k)

F168106Duty to prepare and submit draft of a local area agreementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Ss. 105-113 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(a), 115(3)(k)

F168107Approval of draft local area agreement by Secretary of StateE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Ss. 105-113 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(a), 115(3)(k)

F168108Duty to have regard to local improvement targetsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Ss. 105-113 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(a), 115(3)(k)

F168109Designated targetsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Ss. 105-113 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(a), 115(3)(k)

F168110Revision and addition of targetsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Ss. 105-113 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(a), 115(3)(k)

F168111Designated targets: revision proposalsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Ss. 105-113 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(a), 115(3)(k)

F168112Approval of revision proposalE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Ss. 105-113 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(a), 115(3)(k)

F168113Duty to publish information about local area agreementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Ss. 105-113 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(a), 115(3)(k)

F169114Preparation of community strategyE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F169S. 114 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(d), 115(3)(k)

115Orders under Part 1 of Local Government Act 2000: WalesE+W

(1)Part 1 of the Local Government Act 2000 (promotion of economic, social or environmental well-being etc) is amended as follows.

F170(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 5 (power to amend or repeal enactments relating to power to promote well-being), for subsection (4) substitute—

(4)In exercising the power under subsection (1), the Secretary of State must not make any provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.

(4A)In exercising the power under subsection (1), the Secretary of State—

(a)must not make any provision amending, repealing or disapplying any Measure or Act of the National Assembly for Wales without the consent of the National Assembly for Wales, and

(b)must not make any provision amending, revoking or disapplying subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.

(4B)Subsection (4A) does not apply to the extent that the Secretary of State is making incidental or consequential provision.

(4)In subsection (5) of that section, for “The National Assembly for Wales” substitute “ The Welsh Ministers ”.

(5)In section 6 (power to modify enactments concerning plans etc)—

(a)in subsection (1), at the end insert “so far as that enactment has effect in relation to a local authority in England”;

(b)in subsection (2)(a) and (b), after “authorities” insert “ in England ”;

(c)in subsection (2)(c), after “authority” insert “ in England ”; and

(d)omit subsections (5) and (6).

(6)In section 7 (power to modify enactments concerning plans etc: Wales)—

(a)in subsection (1)—

(i)for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and

(ii)for “to which subsection (2) applies” substitute “ (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter ”;

(b)omit subsection (2);

(c)in subsection (4), for “the National Assembly for Wales considers” substitute “ the Welsh Ministers consider ”; and

(d)omit subsection (6).

(7)At the end of that section insert—

(8)An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence.

(9)For the purposes of subsection (8), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted.

(10)Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

(11)A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales..

(8)In section 9 (procedure for orders under section 5 or 6)—

(a)in subsection (2), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and

(b)in subsection (3)(d), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”.

(9)After section 9 insert—

9AProcedure for orders under section 7

(1)Before the Welsh Ministers make an order under section 7 they must consult—

(a)such local authorities in Wales,

(b)such representatives of local government in Wales, and

(c)such other persons (if any),

as appear to them to be likely to be affected by their proposals.

(2)If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 7 they must lay before the National Assembly for Wales a document which—

(a)explains their proposals,

(b)sets them out in the form of a draft order, and

(c)gives details of consultation under subsection (1).

(3)Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(4)In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.

(5)In preparing a draft order under section 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).

(6)A draft order under section 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—

(a)any representations considered in accordance with subsection (5), and

(b)any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).

(7)Nothing in this section applies to an order under section 7 which is made only for the purpose of amending an earlier order under that section—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

Textual Amendments

Commencement Information

I101S. 115 in force at 30.12.2007, see s. 245(2)

116Health and social care: joint strategic needs assessmentsE+W

(1)An assessment of relevant needs must be prepared in relation to the area of each responsible local authority.

(2)A further assessment of relevant needs in relation to the area of a responsible local authority—

(a)must be prepared if the Secretary of State so directs; and

(b)may be prepared at any time.

(3)A direction under subsection (2)(a) may be revoked.

(4)It is for—

(a)the responsible local authority, and

[F171(b)each of its partner clinical commissioning groups,]

to prepare any assessment of relevant needs under this section in relation to the area of the responsible local authority.

(5)The responsible local authority must publish each assessment of relevant needs prepared under this section in relation to its area.

(6)For the purposes of this section, there is a relevant need in relation to so much of the area of a responsible local authority as falls within the area [F172of a partner clinical commissioning group] if there appears to the responsible local authority and [F173the partner clinical commissioning group] to be a need [F174or to be likely to be a need] to which subsection (7) applies.

(7)This subsection applies to a need—

(a)which—

(i)is capable of being met to a significant extent by the exercise by the responsible local authority of any of its functions; and

(ii)could also be met, or could otherwise be affected, to a significant extent by the exercise by [F175the partner clinical commissioning group or the National Health Service Commissioning Board] of any of its functions; or

(b)which—

(i)is capable of being met to a significant extent by the exercise by [F176the partner clinical commissioning group or the National Health Service Commissioning Board] of any of its functions; and

(ii)could also be met, or could otherwise be affected, to a significant extent by the exercise by the responsible local authority of any of its functions.

(8)In preparing an assessment under this section, the responsible local authority and [F177each of its partner clinical commissioning groups] must—

(a)co-operate with one another;

(b)have regard to any guidance issued by the Secretary of State;

[F178(ba)involve the Local Healthwatch organisation for the area of the responsible local authority;

(bb)involve the people who live or work in that area;] and

(c)if the responsible local authority is a county council, [F179involve] each relevant district council.

[F180(8A)In preparing an assessment under this section, the responsible local authority or a partner clinical commissioning group may consult any person it thinks appropriate.]

(9)In this section—

  • [F181partner clinical commissioning group”, in relation to a responsible local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the authority;]

  • relevant district council” means—

    (a)

    in relation to a responsible local authority, any district council which is a partner authority of it; and

    (b)

    in relation to [F182a partner clinical commissioning group] of a responsible local authority, any district council which is a partner authority of the responsible local authority and whose district falls wholly or partly within [F183the area of the clinical commissioning group].

Textual Amendments

F175Words in s. 116(7)(a)(ii) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F176Words in s. 116(7)(b)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F179Word in s. 116(8)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C31Ss. 116-116B modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

C32Ss. 116-116B modified by 2006 c. 41, s. 14Z24(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 26, 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

Commencement Information

I102S. 116 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

[F184116AHealth and social care: joint health and wellbeing strategiesE+W

(1)This section applies where an assessment of relevant needs is prepared under section 116 by a responsible local authority and each of its partner clinical commissioning groups.

(2)The responsible local authority and each of its partner clinical commissioning groups must prepare a strategy for meeting the needs included in the assessment by the exercise of functions of the authority, the National Health Service Commissioning Board or the clinical commissioning groups (“a joint health and wellbeing strategy”).

(3)In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must, in particular, consider the extent to which the needs could be met more effectively by the making of arrangements under section 75 of the National Health Service Act 2006 (rather than in any other way).

(4)In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must have regard to—

(a)the mandate published by the Secretary of State under section 13A of the National Health Service Act 2006, and

(b)any guidance issued by the Secretary of State.

(5)In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must—

(a)involve the Local Healthwatch organisation for the area of the responsible local authority, and

(b)involve the people who live or work in that area.

(6)The responsible local authority must publish each strategy prepared by it under this section.

(7)The responsible local authority and each of its partner clinical commissioning groups may include in the strategy a statement of their views on how arrangements for the provision of health-related services in the area of the local authority could be more closely integrated with arrangements for the provision of health services and social care services in that area.

(8)In this section and section 116B—

(a)partner clinical commissioning group”, in relation to a responsible local authority, has the same meaning as in section 116, and

(b)health services”, “health-related services” and “social care services” have the same meaning as in section 195 of the Health and Social Care Act 2012.

Textual Amendments

Modifications etc. (not altering text)

C31Ss. 116-116B modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

C32Ss. 116-116B modified by 2006 c. 41, s. 14Z24(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 26, 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

116BDuty to have regard to assessments and strategiesE+W

(1)A responsible local authority and each of its partner clinical commissioning groups must, in exercising any functions, have regard to—

(a)any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical commissioning groups under section 116 which is relevant to the exercise of the functions, and

(b)any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.

(2)The National Health Service Commissioning Board must, in exercising any functions in arranging for the provision of health services in relation to the area of a responsible local authority, have regard to—

(a)any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical commissioning groups under section 116 which is relevant to the exercise of the functions, and

(b)any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.]

Textual Amendments

Modifications etc. (not altering text)

C31Ss. 116-116B modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

C32Ss. 116-116B modified by 2006 c. 41, s. 14Z24(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 26, 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

C33S. 116B applied (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 27(4), 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

C34S. 116B applied (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 26(7), 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

117Interpretation of ChapterE+W

In this Chapter—

  • F185...

  • F185...

  • F185...

  • partner authority”, in relation to a responsible local authority, has the meaning given by section 104;

  • responsible local authority” has the meaning given by section 103;F186...

  • F185...

Textual Amendments

F185Words in s. 117 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(b)(i), 115(3)(k)

F186Words in s. 117 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(b)(ii), 115(3)(k)

Commencement Information

I103S. 117 in force at 30.12.2007, see s. 245(2)

118Transitional provisionE+W

F187(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Offender Management Act 2007 (c. 21) is amended as follows.

(4)In paragraph 5 of Schedule 3 (which adds functions of the Secretary of State in relation to probation services to the functions in relation to which the Secretary of State is a partner authority)—

(a)in sub-paragraph (1), for “Section 80” substitute “ Section 104 ”;

(b)in sub-paragraph (2), for “subsection (3)(g)” substitute “ subsection (4)(i) ”; and

(c)in sub-paragraph (3), in the inserted subsection (5A), for “subsection (3)(g)(iv)” substitute “ subsection (4)(i)(iv) ”.

(5)In Part 1 of Schedule 5 (repeals relating to probation services), in the entry relating to this Act—

(a)for “section 80(3)” substitute “ section 104(4) ”; and

(b)for “(g)(ii)” substitute “ (i)(ii) ”.

Textual Amendments

F187S. 118(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(c), 115(3)(k)

F188S. 118(2) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(1)(c), 115(3)(k)

Commencement Information

I104S. 118 in force at 30.12.2007, see s. 245(2)

Chapter 2E+WOverview and scrutiny committees

119Reference of matter by councillor to overview and scrutiny committeeE+W

After section 21 of the Local Government Act 2000 (c. 22) insert—

21AReference of matters to overview and scrutiny committee etc

(1)Executive arrangements by a local authority must include provision which—

(a)enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,

(b)enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and

(c)in the case of a local authority in England, enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.

(2)For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.

(3)In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued by the Secretary of State.

(4)Guidance under subsection (3) may make different provision for different cases.

(5)Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).

(6)In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.

(7)If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(8)The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.

(9)Subsection (8) is subject to section 21D.

(10)In this section “local government matter”, in relation to a member of a local authority, means a matter which—

(a)relates to the discharge of any function of the authority,

(b)affects all or part of the electoral area for which the member is elected or any person who lives or works in that area, and

(c)is not an excluded matter.

(11)In subsection (10)(c), “excluded matter” means any matter which is—

(a)a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)a matter of any description specified in an order made by the Secretary of State for the purposes of this section.

Commencement Information

I105S. 119 in force at 12.12.2008 for specified purposes by S.I. 2008/3110, art. 2(a)

I106S. 119 in force at 1.4.2009 in so far as not already in force by S.I. 2008/3110, art. 4(a)

120Power of overview and scrutiny committee to question members of authorityE+W

(1)In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (13), before “and” immediately following paragraph (a) insert—

(aa)may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England),.

(2)In subsection (14) of that section, for the words following “mentioned in” substitute “ paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph ”.

Commencement Information

I107S. 120 in force at 1.4.2009 by S.I. 2008/3110, art. 4(b)

121Powers to require information from partner authoritiesE+W

F189(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime and disorder matters), after subsection (6) insert—

(6A)In subsection (5)(c) and (d), references to information are, in relation to any crime and disorder committee, to information relating to—

(a)the discharge, or decisions made or other action taken in connection with the discharge, by the responsible authorities of their crime and disorder functions; or

(b)local crime and disorder matters in relation to which the committee has functions under or by virtue of section 19.

(3)In subsection (7) of that section, for “and “co-operating persons and bodies”” substitute “, “ co-operating persons and bodies ”, “ crime and disorder functions ” and “ local crime and disorder matters ””.

(4)In section 244 of the National Health Service Act 2006 (c. 41) (functions of overview and scrutiny committees), after subsection (2) insert—

(2A)In subsection (2)(d) and (e), references to information are to information relating to matters relating to the health service in the authority's area.

Textual Amendments

Commencement Information

I108S. 121 in force at 1.4.2009 by S.I. 2008/3110, art. 4(c)

122Overview and scrutiny committees: reports and recommendationsE+W

(1)After section 21A of the Local Government Act 2000 (c. 22) (inserted by section 119) insert—

21BDuty of authority or executive to respond to overview and scrutiny committee

(1)This section applies where an overview and scrutiny committee of a local authority in England makes a report or recommendations to the authority or the executive, otherwise than—

(a)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)by virtue of subsection (3)(a) of that section.

(2)The overview and scrutiny committee may publish the report or recommendations.

(3)The overview and scrutiny committee must by notice in writing require the authority or executive—

(a)to consider the report or recommendations,

(b)to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take,

(c)if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response,

(d)if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response,

and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.

(4)It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

(5)Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A).

(6)In this section—

(a)references to an overview and scrutiny committee include references to a sub-committee of such a committee; and

(b)references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.

21CReports and recommendations of overview and scrutiny committees: duties of certain partner authorities

(1)This section applies where—

(a)a relevant committee makes a report or recommendations to the authority or the executive, otherwise than—

(i)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(ii)by virtue of subsection (3)(a) of that section, and

(b)the report or any of the recommendations relates to a local improvement target which—

(i)relates to a relevant partner authority, and

(ii)is specified in a local area agreement of the authority.

(2)The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising their functions.

(3)A notice under subsection (2) must be accompanied by a copy of the report or recommendations.

(4)It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice.

(5)Subsection (2) does not apply if—

(a)the relevant partner authority is a health service body, and

(b)by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive).

(6)In subsection (5), “health service body” means—

(a)a National Health Service trust,

(b)an NHS foundation trust, or

(c)a Primary Care Trust.

(7)Subsections (2) and (3) are subject to section 21D.

(8)In this section—

  • the authority”, in relation to a relevant committee, means—

    (a)

    in the case of an overview and scrutiny committee, the local authority by which it is established, and

    (b)

    in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established,

  • the executive”, in relation to a relevant committee, means the executive of the authority,

  • local improvement target” and “local area agreement” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007 (local area agreements),

  • relevant committee” means—

    (a)

    any overview and scrutiny committee of—

    (i)

    a county council in England,

    (ii)

    a district council in England, other than a council for a district in a county for which there is a county council, or

    (iii)

    a London borough council, or

    (b)

    a sub-committee of an overview and scrutiny committee within paragraph (a), and

  • relevant partner authority”, in relation to a relevant committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than—

    (a)

    a police authority, or

    (b)

    a chief officer of police;

and references to a target relating to a relevant partner authority are to be construed in accordance with section 105(3) of the Local Government and Public Involvement in Health Act 2007.

21DPublication etc of reports, recommendations and responses: confidential and exempt information

(1)This section applies to—

(a)the publication under section 21B of any document comprising—

(i)a report or recommendations of an overview and scrutiny committee, or

(ii)a response of a local authority to any such report or recommendations, and

(b)the provision of a copy of such a document—

(i)to a member of a local authority under section 21A(8) or section 21B, or

(ii)to a relevant partner authority under section 21C,

by an overview and scrutiny committee or a local authority.

(2)The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority—

(a)must exclude any confidential information, and

(b)may exclude any relevant exempt information.

(3)The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.

(4)Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—

(a)may replace so much of the document as discloses the information with a summary which does not disclose that information, and

(b)must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.

(5)If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—

(a)excludes information, or

(b)replaces part of the report or recommendations with a summary,

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations.

(6)In this section—

  • confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),

  • exempt information” has the meaning given by section 100I of that Act, and, in relation to—

    (a)

    any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or

    (b)

    any response to such a report or recommendations,

    also includes information which is exempt information under section 246 of the National Health Service Act 2006,

  • relevant exempt information” means—

    (a)

    in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and

    (b)

    in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered, and

  • relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 21C, has the same meaning as in that section.

(7)In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.

(2)In section 22 of that Act (access to information etc), after subsection (12) insert—

(12A)The Secretary of State may by regulations make provision, in relation to—

(a)the publication by executives of local authorities in England under section 21B, or under any provision of regulations under section 21E which applies or reproduces (with or without modifications) any provision of section 21B, of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or

(b)the provision by such executives under that section of copies of such responses,

which applies or reproduces (with or without modifications) any provisions of section 21D.

Commencement Information

I109S. 122 in force at 1.4.2009 by S.I. 2008/3110, art. 4(d)

[F190123Joint overview and scrutiny committeesE+W

(1)The Secretary of State may by regulations make provision under which any two or more local authorities in England may—

(a)appoint a joint committee (a “joint overview and scrutiny committee”), and

(b)arrange for the committee to exercise any functions in subsection (2).

(2)The functions in this subsection are functions of making reports or recommendations to—

(a)any of the local authorities appointing the committee (the “appointing authorities”), or

(b)if any of the appointing authorities is a non-unitary district council, the related county council,

about any matter which is not an excluded matter.

(3)In subsection (2) “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—

(a)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny crime and disorder matters), or

(b)by virtue of subsection (3)(a) of that section.

(4)In subsection (2) references to making reports or recommendations to a local authority include, in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000, making reports or recommendations to its executive.

(5)Regulations under this section may in particular—

(a)provide for arrangements to be made only in circumstances, or subject to conditions or limitations, specified in the regulations;

(b)in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of—

(i)section 21(4) and (6) to (12) of the Local Government Act 2000,

(ii)sections 21A to 21D of that Act, or

(iii)section 246 of, and Schedule 17 to, the National Health Service Act 2006,

with or without modifications;

(c)make provision as to information which an associated authority of any appointing authority must provide, or may not disclose, to a joint overview and scrutiny committee (or, if the regulations make provision for the appointment of sub-committees of such a committee, to such a sub-committee).

(6)In subsection (5)(c) “associated authority”, in relation to any appointing authority, means—

(a)in the case of an appointing authority which is a non-unitary district council—

(i)the related county council, and

(ii)any person who is a partner authority in relation to the related county council;

(b)in the case of any other appointing authority, any person who is a partner authority in relation to the appointing authority.

(7)In subsection (6) “partner authority” has the same meaning as in Chapter 1 of this Part except that it does not include [F191a local policing body] or a chief officer of police.

(8)Regulations under this section may not make provision of a kind mentioned in subsection (5)(c) with respect to information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).

(9)Any local authority and any joint overview and scrutiny committee must, in exercising or deciding whether to exercise any function conferred on it by or under this section, have regard to any guidance issued by the Secretary of State.

(10)In this section—

  • local authority” has the same meaning as in Part 2 of the Local Government Act 2000;

  • non-unitary district council” means a district council for a district in a county for which there is a county council (and the “related county council”, in relation to a non-unitary district council, means that county council).]

Textual Amendments

Modifications etc. (not altering text)

C35S. 123 modified by 2000 c. 22, s. 9FH(6) (as inserted (3.12.2011 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/1008, art. 4(b))

Commencement Information

I110S. 123 in force at 1.4.2009 by S.I. 2008/3110, art. 4(e)

F192124Overview and scrutiny committees of district councils: local improvement targetsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

125GuidanceE+W

In section 21 of the Local Government Act 2000 (overview and scrutiny committees: authorities operating executive arrangements), at the end insert—

(16)In exercising, or deciding whether to exercise, any of its functions—

(a)an overview and scrutiny committee of a local authority in England, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State; and

(b)an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.

(17)Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.

Commencement Information

I111S. 125 in force at 12.12.2008 by S.I. 2008/3110, art. 2(b)

126Reference of local crime and disorder matters to crime and disorder committees etcE+W

(1)The Police and Justice Act 2006 (c. 48) is amended as follows.

(2)In section 19 (local authority scrutiny of crime and disorder matters), for subsections (3) to (8) substitute—

(3)A local authority must—

(a)ensure that its crime and disorder committee has power (whether by virtue of section 21(2) of the Local Government Act 2000 or regulations made under section 32(3) of that Act or otherwise) to make a report or recommendations to the local authority with respect to any matter which is a local crime and disorder matter in relation to a member of the authority, and

(b)make arrangements which enable any member of the authority who is not a member of the crime and disorder committee to refer any local crime and disorder matter to the committee.

(4)For the purposes of subsection (3)(b), arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee.

(5)Subsections (6) and (7) apply where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b).

(6)In considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any power which it has by virtue of subsection (3)(a) in relation to the matter.

(7)If the committee decides not to make a report or recommendations to the local authority in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(8)Where a crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), it must—

(a)provide a copy of the report or recommendations to any member of the authority who referred the local crime and disorder matter in question to the committee in accordance with arrangements made under subsection (3)(b), and

(b)provide a copy of the report or recommendations to such of—

(i)the responsible authorities, and

(ii)the co-operating persons and bodies,

as it thinks appropriate.

(8A)Subsection (8B) applies where the crime and disorder committee of a local authority—

(a)makes a report or recommendations to the authority by virtue of subsection (3)(a), or

(b)provides a copy of a report or recommendations under subsection (2) or (8)(b).

(8B)Where this subsection applies—

(a)the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations or provides the copy that paragraph (b) applies, and

(b)the authority, body or person must—

(i)consider the report or recommendations;

(ii)respond to the committee indicating what (if any) action it proposes to take;

(iii)have regard to the report or recommendations in exercising its functions.

(3)In subsection (9)(b), for “subsection (1)(b) or (6)” substitute “ this section ”.

(4)In subsection (11)—

(a)after the definition of “crime and disorder functions” insert— “ electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983; ”, and

(b)for the definition of “local crime and disorder matter” substitute— local crime and disorder matter”, in relation to a member of a local authority, means a matter concerning—

(a)crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment), or

(b)the misuse of drugs, alcohol and other substances,

which affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.

(5)Section 20 (guidance and regulations regarding crime and disorder matters) is amended as follows.

(6)In subsections (1) and (2), after “under” insert “ or by virtue of ”.

(7)In subsection (5), omit—

(a)paragraph (f); and

(b)sub-paragraphs (i) to (iii) of paragraph (g).

Commencement Information

I112S. 126 in force at 30.4.2009 for E. by S.I. 2009/959, art. 2(a)

I113S. 126 in force at 1.10.2009 for W. by S.I. 2009/2539, art. 2(a)

127Overview and scrutiny committees: consequential amendmentsE+W

(1)In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees)—

(a)in subsection (2), after “their overview and scrutiny committees” insert “ , and any joint overview and scrutiny committees, ”;

(b)after that subsection insert—

(2A)In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

(a)a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities,

(b)an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section,

(c)a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,

(d)an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or

(e)a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees: local improvement targets) appointed by a group of partner authorities (within the meaning of that section) which includes the authority concerned.;

(c)in subsection (4)—

(i)after “this section” insert “ , sections 21A to 21C ”; and

F193(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)omit subsection (8).

F194(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint overview and scrutiny committees etc)—

(a)in sub-paragraph (i), for “(15)” substitute “ (17) ”; F195...

F195(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint overview and scrutiny committees etc)—

(a)in sub-paragraph (i), for “(15)” substitute “ (17) ”; and

(b)after that sub-paragraph insert—

(ia)section 21A(1)(a) or (b) or (2) of that Act,.

Textual Amendments

F195S. 127(3)(b) and preceding word repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(c)

Commencement Information

I114S. 127 in force at 1.4.2009 by S.I. 2008/3110, art. 4(g)

128Transitional provisionE+W

(1)Section 33E of the Local Government Act 2000 (c. 22) (proposals for change in governance arrangements) (which is inserted by section 64) applies (in addition to the cases mentioned in subsection (1) of that section) to a local authority which—

(a)by virtue of the coming into force of any provision of this Chapter is required to vary its executive arrangements; or

(b)by virtue of the coming into force of any provision of regulations made under section 32 of that Act (alternative arrangements) by virtue of any provision of this Chapter is required to vary its alternative arrangements.

(2)In this section, “alternative arrangements”, “executive arrangements” and “local authority” have the same meanings as in Part 2 of the Local Government Act 2000.

Commencement Information

I115S. 128 in force at 1.4.2009 by S.I. 2008/3110, art. 4(h)

Part 6E+WByelaws

129Alternative procedure for byelawsE+W

(1)The Local Government Act 1972 (c. 70) is amended as follows.

(2)In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the section does not apply), after “apply to” insert—

(a)byelaws of a class prescribed by regulations under section 236A, or

(b).

(3)After section 236 insert—

236AAlternative procedure for certain byelaws

(1)The Secretary of State may, in relation to England, by regulations—

(a)prescribe classes of byelaws to which section 236 does not apply, and

(b)make provision about the procedure for the making and coming into force of such byelaws.

(2)The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—

(a)the enactment under which byelaws are made,

(b)the subject-matter of byelaws,

(c)the authority by whom byelaws are made,

(d)the authority or person by whom byelaws are confirmed.

(3)The regulations may, in particular, include provision about—

(a)consultation to be undertaken before a byelaw is made,

(b)publicising a byelaw after it is made.

(4)The regulations may make—

(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and

(b)different provision for different areas, including different provision for different localities and for different authorities.

(5)Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(4)In section 237 (offences against byelaws), after “applies” insert “ and byelaws of a class prescribed by regulations under section 236A ”.

Commencement Information

I116S. 129 in force at 27.1.2010 by S.I. 2010/112, art. 2(a)

130Fixed penalties for breach of byelawsE+W

(1)After section 237 of the Local Government Act 1972 (c. 70) insert—

237AFixed penalty notices

(1)The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies.

(2)The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—

(a)the enactment under which byelaws are made,

(b)the subject-matter of byelaws,

(c)the authority by whom byelaws are made,

(d)the authority or person by whom byelaws are confirmed.

(3)Where—

(a)an authorised officer of an authority which has made a byelaw to which this section applies has reason to believe that a person has committed an offence against the byelaw, or

(b)an authorised officer of a parish council has reason to believe that a person has in its area committed an offence against a byelaw to which this section applies made by an authority other than the parish council,

the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.

(4)A fixed penalty notice under this section is payable to the authority whose officer gave the notice.

(5)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings may be instituted for the offence before the end of the period of fourteen days following the date of the notice, and

(b)he may not be convicted of the offence if he pays the fixed penalty before the end of that period.

(6)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence.

(7)A notice under this section must also state—

(a)the period during which, by virtue of subsection (5), proceedings will not be taken for the offence,

(b)the amount of the fixed penalty, and

(c)the person to whom and the address at which the fixed penalty may be paid.

(8)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned.

(9)Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(10)The form of a notice under this section may be specified in regulations under subsection (1).

(11)In any proceedings a certificate which—

(a)