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Local Government and Public Involvement in Health Act 2007

Recommendations of review

Section 87: Constitution of new parish

206.This section requires a community governance review to recommend either to create a new parish or not, and sets out the different ways that such an area can be created.

207.A community governance review which recommends the constitution of a new parish must also make recommendations as to the geographical name of that area, whether the parish should be known by an alternative style and recommendations as to whether or not there should be a parish council.

Section 88: Existing parishes under review

208.This section provides for a community governance review to recommend the abolition or alteration of an existing parish as a result of a community governance review. The council could also recommend that no change be made to the existing parish. The area of abolished parishes does not have to be redistributed to other parishes.

209.Subsections (3) and (4) specify that a principal council conducting a community governance review must include a recommendation as to whether or not the geographical name of the existing parish should be changed and whether or not parishes should have a parish council.

210.Subsection (5) prevents principal councils from making a recommendation to change the style of an existing parish.

Sections 89 and 90: New or retained councils: consequential recommendations

211.These sections require a community governance review which recommends the establishment or continuation of a parish council to also make recommendations as to the electoral arrangements for that council.

Section 91: Grouping or de-grouping parishes

212.This section provides for a community governance review to recommend the grouping or de-grouping of parishes following a community governance review. The section also requires a review to consider the electoral arrangements of a grouped parish council or of a parish council established after a parish is de-grouped.

Section 92: County, district or London borough: consequential recommendations

213.The section requires a principal council to consider related alterations to the boundaries of electoral areas of county and/or district councils when conducting a community governance review. It provides for the principal council to make recommendations to the Electoral Commission for changes to the boundaries of any division of a county, or ward of a district or London borough in connection with a recommendation made as part of a community governance review.

214.Section 92 also gives the Electoral Commission the power to make an order giving effect to any recommendations it receives under subsection (2). The Electoral Commission must notify the council that made the recommendations and, in any two-tier area, the county council of whether or not it has given effect to the recommendations made. If it makes an order, the Electoral Commission must provide both the principal council and county council (if any) with two copies of the order.

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