Local Government and Public Involvement in Health Act 2007

Valid from 13/02/2008

Section 101

SCHEDULE 5 E+W Parishes: further amendments

1 E+W The Local Government Act 1972 (c. 70) is amended in accordance with paragraphs 2 to 9.

2 (1) Section 9 (parish meetings and councils) is amended as follows. E+W

(2) In subsection (4) for “section 14 of the Local Government and Rating Act 1997” substitute “ section 86 of the Local Government and Public Involvement in Health Act 2007 ”.

(3) In subsection (6)—

(a) for “section 16 of the Local Government and Rating Act 1997” substitute “ section 86 of the Local Government and Public Involvement in Health Act 2007 ”;

(b) for “section 16 of the Act of 1997” substitute “ section 86 of the 2007 Act ”.

3 (1) Section 10 (power to dissolve parish councils in small parishes) is amended as follows. E+W

(2) In subsection (1) after “district council” in each place insert or “ London borough council ”.

4 (1) Section 11 (orders for grouping parishes etc) is amended as follows. E+W

(2) In subsection (1)—

(a) after “district council” in each place insert “ or London borough council ”;

(b) after “same district” insert “ or London borough ”.

(3) In subsection (3), for paragraph (b) substitute—

“(b) the electoral arrangements that are to apply to the council;”.

(4) After subsection (3) insert—

“(3A) In this section “electoral arrangements”, in relation to a 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 by each parish;

(c) the division (or not) of 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.”

(5) In subsection (4) after “district council” in each place insert “ or London borough council ”.

(6) In subsection (5) for “section 16 of the Local Government and Rating Act 1997” in each place substitute “ section 86 of the Local Government and Public Involvement in Health Act 2007 ”.

5 (1) Section 12 (provision supplementary to sections 9 to 11) is amended as follows. E+W

(2) In subsection (1)—

(a) after “district councils” in the first place insert “ or by a London borough council ”;

(b) after “district councils” in the second place insert “ or the London borough council ”.

6 (1) Section 16 (parish councillors) is amended as follows. E+W

(2) In subsection (1), after “each parish” insert “ council ”.

(3) In subsection (2), at the end insert “ and relevant electoral arrangements ”.

(4) After subsection (2) insert—

“(2A) In their application to the election of parish councillors, this Act and Part 1 of the Representation of the People Act 1983 (c. 2) are subject to the relevant electoral arrangements that apply to the election.

(2B) For the purposes of this section “relevant electoral arrangements” means—

(a) any arrangements about the election of councillors that are made in, or applicable by virtue of, provision made by virtue of section 245(6)(b) of the Local Government and Public Involvement in Health Act 2007 (transitional, saving or transitory provision), and

(b) any electoral arrangements applicable to the council by virtue of an order under section 7 or 10 or an order under section 86 of the Local Government and Public Involvement in Health Act 2007.”

Valid from 31/12/2008

7 (1) Section 137 (power of local authorities to incur expenditure for certain purposes) is amended as follows. E+W

(2) In subsection (9) for “means a parish or community council” substitute “means—

(a) a parish council which is not an eligible parish council for the purposes of Part 1 of the Local Government Act 2000, or

(b) a community council”.

8 (1) Section 245 (status of certain districts, parishes and communities) is amended as follows. E+W

(2) After subsection (7) insert—

“(7A) A resolution under subsection (6) shall cease to have effect if the parish has an alternative style (within the meaning of section 17A) by virtue of any of the following—

(a) an order under section 11;

(b) a resolution under section 12A;

(c) an order under section 86 of the Local Government and Public Involvement in Health Act 2007.”

9 (1) Schedule 3 (establishment of new authorities in England) is amended as follows. E+W

(2) In paragraph 10(1), (2) and (3) (parish councillors) for “Part II of the Local Government and Rating Act 1997” substitute “ Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007 ”.

10 (1) The Local Government and Rating Act 1997 (c. 29) is amended as follows. E+W

(2) Omit Part 2.