Part 4

Parishes
Chapter 3

Reorganisation

Reorganisation of community governance

Reorganisation of community governance
86
1
This section applies if a community governance review is undertaken.
2
The principal council may, by order, give effect to the recommendations made in the review (except recommendations made to the Local Government Boundary Commission in accordance with section 92).
3
But such an order may not include provision giving effect to any recommendations to change protected electoral arrangements, unless the Local Government Boundary Commission agrees to that provision.
4
An order under this section must include a map showing in general outline the area affected by the order.
5
An order under this section may vary or revoke a provision of an order previously made under—
a
this section,
b
Part 1 of this Act,
ba
section 59 of the Local Democracy, Economic Development and Construction Act 2009,
c
section 17 of the Local Government Act 1992 (c. 19), or
d
section 16 or 17 of the Local Government and Rating Act 1997 (c. 29).
6
For the purposes of this section electoral arrangements are “protected” if—
a
the electoral arrangements relate to the council of an existing parish,
b
the electoral arrangements were made, or altered, by or in pursuance of an order under section 59 of the Local Democracy, Economic Development and Construction Act 2009, section 17 of the Local Government Act 1992 (c. 19) or section 14 of the Local Government and Rating Act 1997 (c. 29), and
c
that order was made during the period of five years ending with the day on which the community governance review starts.
S. 86 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)
S. 86 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 7(2)
S. 86 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 8(3)
Pt. 4 Ch. 3: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(2)(3)(d), 148(3)(b) (with s. 63(4)); S.I. 2009/3318, art. 4(i)
Words in s. 86(2) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 31(2); S.I. 2009/3318, art. 4(ff)
Words in s. 86(3) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 31(2); S.I. 2009/3318, art. 4(ff)
S. 86(5)(ba) inserted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 31(3); S.I. 2009/3318, art. 4(ff)
Words in s. 86(6)(b) inserted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 31(4); S.I. 2009/3318, art. 4(ff)
S. 86 modified by S.I. 2008/2113, reg. 7(5)(6) (as inserted (E.) (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(2))
S. 86 modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 14(2) (with reg. 1(2)(3))
S. 86 modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 14(5)(b) (with reg. 1(2)(3))
S. 86: functions made exercisable (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 7(3)(d)
S. 86 applied (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 17(c)