Part 1Structural and boundary change in England
Chapter 1Structural and boundary change
Change from two tiers to single tier of local government
5F1Local Government Boundary Commission's powers
(1)
This section applies where the F2Local Government Boundary Commission receive a request for advice under section 4.
(2)
The F3Local Government Boundary Commission may provide the advice requested.
(3)
Where they provide that advice, the F4Local 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
F5(a)
in relation to a proposal in response to an invitation or direction under section 2, the Type A, Type B, Type C or combined proposal to which the request for advice related, or
(b)
in relation to a proposal in response to an invitation or direction under section 2A, the proposal to which the request for advice related.
(5)
In subsection (3)(c) “an alternative proposal” means—
F6(a)
in relation to a proposal in response to an invitation or direction under section 2—
(i)
a proposal that there should be a single tier of local government for an area that is, or includes, the whole or part of the county concerned, and is specified in the alternative proposal, or
(ii)
a proposal consisting of two or more proposals that are within paragraph (i) (and are not alternatives to one another);
(b)
in relation to a proposal in response to an invitation or direction under section 2A, a proposal that there should be one or more single tiers of local government for an area that—
(i)
includes the relevant area and one or more other areas for which there is a single tier of local government, and
(ii)
is specified in the alternative proposal.
(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) F7(a) 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.
F8(6A)
In this section the “relevant area” means—
(a)
the area of the relevant principal authority which made the proposal referred to in subsection (4)(b), or
(b)
where that proposal was made by more than one relevant principal authority, the area of any of those authorities.
(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.