Section 8: Review by Boundary Committee of local government areas
44.Section 8 allows the Boundary Committee to conduct a review of one or more local government areas and as a result recommend a boundary change to the Secretary of State. The Boundary Committee may conduct this review either on its own initiative or at the request of the Secretary of State or a local authority.
45.Subsection (3) defines the term “boundary change” as an alteration of a local government area boundary, and/or the abolition of a local government area, and/or the constitution of a new local government area.
46.Subsection (4) specifies the type of recommendations for change that are not allowed under this section. These are:
alteration of a boundary of a single tier area or London borough which will result in the abolition of a two-tier area;
alteration of a two-tier area which will result in the abolition of a single tier area or London borough;
the constitution of a new local government area and resultant abolition of an existing local government area where the new area includes a combination of the whole or part of a single tier area, or London borough, and the whole or part of a two-tier area;
the alteration of a local government area or creation of a new local government area that would extend into an area that is currently outside all local government areas. This means that the recommendation for boundary change may not extend an area into Wales, the City of London or the Temples.
the alteration of any local government area that results in a change to the overall pattern of local government in England. Proposals must ensure the existing pattern, comprising wholly of counties divided into districts, counties comprising one district or London boroughs, is retained (with the exception of the Isles of Scilly, the City of London, the Inner Temple and the Middle Temple which do not reflect this pattern).
47.Subsection (5) allows the Boundary Committee to recommend to the Secretary of State that no change should be made where they consider this to be desirable.
48.Subsection (6) ensures that when the Boundary Committee are considering whether (or if so what) boundary change is necessary they must have regard to:
the need to secure effective and convenient local government; and
the need to reflect the identities and interests of local communities.
49.Subsection (7) requires the Boundary Committee to have regard to any guidance issued by the Secretary of State in exercising its functions of conducting a boundary review, in having regard to the matters at subsection (6) when considering whether boundary change is desirable and in recommending boundary change, or no change. Similarly, a local authority must have regard to any guidance issued by the Secretary of State when requesting the Boundary Committee to conduct a boundary review.
50.Subsection (8) requires a local authority, where requested to do so, to provide any information that the Boundary Committee may reasonably require in undertaking a review. The information must be provided by such date as the Boundary Committee may specify.
