Part 4

Parishes
Chapter 3

Reorganisation

Duties of council undertaking review

Electoral recommendations: general considerations
95
1
This section applies to the principal council when deciding a recommendation of a kind listed in the following table.
Recommendation | Made under
What electoral arrangements should apply to a new parish council | Section 89(2)
What changes (if any) should be made to the electoral arrangements which apply to a parish council | Section 90(2)
2
The principal council must consider the questions in subsection (3) when deciding whether to recommend that a parish should, or should not, be or continue to be divided into wards for the purpose of electing councillors.
3
Those questions are—
a
whether the number, or distribution, of the local government electors for the parish would make a single election of councillors impracticable or inconvenient;
b
whether it is desirable that any area or areas of the parish should be separately represented on the council.
4
If the principal council decides to recommend that a parish should be divided into wards, the principal council must have regard to the factors in subsection (5) when considering—
a
the size and boundaries of the wards, and
b
the number of councillors to be elected for each ward.
5
Those factors are—
a
the number of local government electors for the parish;
b
any change in the number, or distribution, of the local government electors which is likely to occur in the period of five years beginning with the day when the review starts;
c
the desirability of fixing boundaries which are, and will remain, easily identifiable;
d
any local ties which will be broken by the fixing of any particular boundaries.
6
If the principal council decides to recommend that a parish should not be divided into wards, the principal council must have regard to the factors in subsection (7) when considering the number of councillors to be elected for the parish.
7
Those factors are—
a
the number of local government electors for the parish;
b
any change in that number which is likely to occur in the period of five years beginning with the day when the review starts.
S. 95 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)
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)
S. 95: functions made exercisable (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 7(3)(l)
S. 95 applied (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 17(l)