Part 1

Structural and boundary change in England
Chapter 1

Structural and boundary change

Change from two tiers to single tier of local government

Local Government Boundary Commission's powers
5
1
This section applies where the Local Government Boundary Commission receive a request for advice under section 4.
2
The Local Government Boundary Commission may provide the advice requested.
3
Where they provide that advice, the Local 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.
S. 5 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)
Pt. 1 Ch. 1: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(1), 148(3)(b) (with s. 63(3)); S.I. 2009/3318, art. 4(i)
Words in s. 5 heading substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 13(2); S.I. 2009/3318, art. 4(ff)
Words in s. 5(1) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 13(3); S.I. 2009/3318, art. 4(ff)
Words in s. 5(2) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 13(3); S.I. 2009/3318, art. 4(ff)
Words in s. 5(3) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 13(3); S.I. 2009/3318, art. 4(ff)
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Somerset West and Taunton (Modification of Boundary Change Enactments) Regulations 2018 (S.I. 2018/638), regs. 1, 3 (with reg. 4)
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Dorset (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2018 (S.I. 2018/636), regs. 1, 3 (with reg. 4)
Pt. 1 Ch. 1 applied (with modifications) (22.2.2019) by The Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019 (S.I. 2019/332), regs. 1, 3(a) (with reg. 5)