PART 5

Community empowerment
CHAPTER 2

Community right to challenge

Consideration of expression of interest: further provisions
84
1
A relevant authority that is considering an expression of interest from a relevant body may modify the expression of interest.
2
A relevant authority may exercise the power in subsection (1) only if—
a
the authority thinks that the expression of interest would not otherwise be capable of acceptance, and
b
the relevant body agrees to the modification.
3
A relevant authority must specify the maximum period that will elapse between—
a
the date on which it receives an expression of interest submitted by a relevant body, and
b
the date on which it notifies the relevant body of its decision in respect of the expression of interest.
4
The relevant authority may specify different periods for different cases.
5
The relevant authority must publish details of a specification under subsection (3) in such manner as it thinks fit (which must include publication on the authority's website).
6
A relevant authority that receives an expression of interest from a relevant body in accordance with this Chapter must notify the relevant body in writing of the period within which it expects to notify the relevant body of its decision in respect of the expression of interest.
7
The relevant authority must give the notification under subsection (6) —
a
where the expression of interest is one to which a specification under section 82(2) relates and is made within a period so specified, within the period of 30 days beginning immediately after the end of the period so specified, or
b
otherwise, within the period of 30 days beginning with the day on which the relevant authority receives the expression of interest.
8
The relevant authority must—
a
notify the relevant body in writing of its decision in respect of the expression of interest within the period specified by it under subsection (3), and
b
if the authority's decision is to modify or reject the expression of interest, give reasons for that decision in the notification.
9
The relevant authority must publish the notification in such manner as it thinks fit (which must include publication on the authority's website).
10
A relevant body may withdraw an expression of interest after submitting it to a relevant authority (whether before or after a decision has been made by the authority in respect of the expression of interest).
11
The withdrawal of an expression of interest, or the refusal of a relevant body to agree to modification of an expression of interest, does not prevent the relevant authority from proceeding as described in section 83(2) if the relevant authority thinks that it is appropriate to do so.
S. 84 in force at 27.6.2012 in so far as not already in force by S.I. 2012/1463, art. 4
Pt. 5 Ch. 2 modified in part by S.I. 2008/2113, reg. 10A (as inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(4) as amended (2.1.2019) by S.I. 2018/1296, reg. 14(2))
S. 84 modified by S.I. 2008/2113, reg. 10A (as inserted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(4))
Pt. 5 Ch. 2 modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 29(3) (with reg. 1(2)(3))