|
| |
| |
(b) | provision that each of the parishes in the group which has an |
| |
alternative style shall cease to have an alternative style. |
| |
(4) | Provision made by virtue of subsection (3)(a)— |
| |
(a) | must provide for each of the parishes to have the same |
| |
| 5 |
(b) | may provide for each of the parishes to have an alternative style |
| |
which any of them already has; |
| |
(c) | has the effect that each parish in the new group shall cease to |
| |
have any different alternative style which it had before the |
| |
| 10 |
(5) | An order under section 11(1) which adds one or more parishes to an |
| |
existing group must make the provision set out in subsection (6) if— |
| |
(a) | the parishes in the group do not have an alternative style, and |
| |
(b) | at least one of the parishes which is to be added has an |
| |
| 15 |
(6) | The provision referred to in subsection (5) is provision that each added |
| |
parish which has an alternative style shall cease to have an alternative |
| |
| |
(7) | An order under section 11(1) which adds one or more parishes to an |
| |
existing group must make the provision set out in subsection (8) if— |
| 20 |
(a) | the parishes in the group have an alternative style, and |
| |
(b) | at least one of the parishes which is to be added— |
| |
(i) | has a different alternative style, or |
| |
(ii) | does not have any of the alternative styles. |
| |
(8) | The provision referred to in subsection (7) is provision that each added |
| 25 |
parish shall (if it does not already have the style) have the same |
| |
alternative style as the parishes already in the group. |
| |
(9) | If an order makes provision under subsection (1) or (2) for parishes to |
| |
have an alternative style, the group shall have the appropriate one of |
| |
| 30 |
(a) | “group of communities”; |
| |
(b) | “group of neighbourhoods”; |
| |
| |
(10) | As soon as practicable after making an order which includes any |
| |
provision under this section, the council which makes the order must |
| 35 |
give notice of the change of style to all of the following— |
| |
(a) | the Secretary of State; |
| |
(b) | the Electoral Commission; |
| |
(c) | the Office of National Statistics; |
| |
(d) | the Director General of the Ordnance Survey; |
| 40 |
(e) | any district council or county council within whose area the |
| |
| |
(3) | After section 12 insert— |
| |
“12A | Parishes: alternative styles |
| |
(1) | This section applies to a parish which is not grouped with any other |
| 45 |
| |
| |
| |
|
| |
| |
(2) | The appropriate parish authority may resolve that the parish shall have |
| |
one of the alternative styles. |
| |
(3) | If the parish has an alternative style, the appropriate parish authority |
| |
may resolve that the parish shall cease to have that style. |
| |
(4) | A single resolution may provide for a parish— |
| 5 |
(a) | to cease to have an alternative style, and |
| |
(b) | to have another of the alternative styles instead. |
| |
(5) | As soon as practicable after passing a resolution under this section, the |
| |
appropriate parish authority must give notice of the change of style to |
| |
| 10 |
(a) | the Secretary of State; |
| |
(b) | the Electoral Commission; |
| |
(c) | the Office of National Statistics; |
| |
(d) | the Director General of the Ordnance Survey; |
| |
(e) | any district council, county council or London borough council |
| 15 |
within whose area the parish lies. |
| |
(6) | In this section “appropriate parish authority” means— |
| |
(a) | the parish council, or |
| |
(b) | if the parish does not have a parish council, the parish meeting.” |
| |
(4) | In section 13 (constitution of parish meeting etc) after subsection (5) insert— |
| 20 |
“(5A) | If the parish has the style of community— |
| |
(a) | the parish meeting shall have the style of “community |
| |
| |
(b) | the parish trustees shall be known by the name of “The |
| |
Community Trustees” with the addition of the name of the |
| 25 |
| |
(5B) | If the parish has the style of neighbourhood— |
| |
(a) | the parish meeting shall have the style of “neighbourhood |
| |
| |
(b) | the parish trustees shall be known by the name of “The |
| 30 |
Neighbourhood Trustees” with the addition of the name of the |
| |
| |
(5C) | If the parish has the style of village— |
| |
(a) | the parish meeting shall have the style of “village meeting”; |
| |
(b) | the parish trustees shall be known by the name of “The Village |
| 35 |
Trustees” with the addition of the name of the village.” |
| |
(5) | In section 14 (constitution and powers of parish council), after subsection (2) |
| |
| |
“(2A) | If the parish has the style of community, the council shall be known by |
| |
the name “The Community Council” with the addition of the name of |
| 40 |
| |
(2B) | If the parish has the style of neighbourhood, the council shall be known |
| |
by the name “The Neighbourhood Council” with the addition of the |
| |
name of the neighbourhood. |
| |
| |
| |
|
| |
| |
(2C) | If the parish has the style of village, the council shall be known by the |
| |
name “The Village Council” with the addition of the name of the |
| |
| |
(6) | In section 15 (chairman and vice-chairman of parish council or meeting), after |
| |
| 5 |
“(11) | If the parish has the style of community, the chairman and vice- |
| |
chairman shall (respectively) have the style— |
| |
(a) | “chairman of the community council”; |
| |
(b) | “vice-chairman of the community council”. |
| |
(12) | If the parish has the style of neighbourhood, the chairman and vice- |
| 10 |
chairman shall (respectively) have the style— |
| |
(a) | “chairman of the neighbourhood council”; |
| |
(b) | “vice-chairman of the neighbourhood council”. |
| |
(13) | If the parish has the style of village, the chairman and vice-chairman |
| |
shall (respectively) have the style— |
| 15 |
(a) | “chairman of the village council”; |
| |
(b) | “vice-chairman of the village council”.” |
| |
(7) | In section 16 (parish councillors), after subsection (5) insert— |
| |
“(6) | If the parish has the style of community, the councillors shall have the |
| |
style of “councillors of the community council”. |
| 20 |
(7) | If the parish has the style of neighbourhood, the councillors shall have |
| |
the style of “councillors of the neighbourhood council”. |
| |
(8) | If the parish has the style of village, the councillors shall have the style |
| |
of “councillors of the village council”.” |
| |
(8) | Before section 18 (and the cross-heading preceding it) insert— |
| 25 |
“17A | Alternative styles: supplementary |
| |
(1) | This section applies for the purposes of sections 9 to 16A. |
| |
(2) | “Alternative style” means one of the following styles— |
| |
| |
| 30 |
| |
(3) | References to a parish having an alternative style, or a particular |
| |
alternative style, are references to the parish having that style by virtue |
| |
| |
| 35 |
(b) | a resolution under section 12A. |
| |
(4) | The provisions of a relevant order which provide for a parish to have, |
| |
or to cease to have, an alternative style are subject to any resolution |
| |
under section 12A relating to that parish. |
| |
(5) | A resolution under section 12A relating to a parish is subject to any |
| 40 |
provisions of a relevant order which provide for a parish to have, or to |
| |
cease to have, an alternative style. |
| |
| |
| |
|
| |
| |
(6) | A parish shall cease to have an alternative style if the parish begins to |
| |
have the status of a town by virtue of section 245(6). |
| |
(7) | In this section “relevant order” means an order under— |
| |
(a) | section 11 of this Act, or |
| |
(b) | section 61 of the Local Government and Public Involvement in |
| 5 |
| |
| |
(1) | The Local Government Act 1972 (c. 70) is amended as follows. |
| |
(2) | In section 15 (chairman and vice-chairman of parish council)— |
| |
(a) | in subsection (1) after “from among the” insert “elected”; |
| 10 |
(b) | in subsection (6) for “a member” substitute “one of the elected |
| |
| |
(3) | In section 16 (parish councillors), in subsection (1) after “number of” insert |
| |
| |
(4) | After section 16 insert— |
| 15 |
“16A | Appointed councillors |
| |
(1) | A parish council may appoint persons to be councillors of the council. |
| |
(2) | The Secretary of State may by regulations make provision about— |
| |
(a) | the appointment of persons under this section; |
| |
(b) | the holding of office after appointment under this section. |
| 20 |
(3) | The regulations may, in particular, make provision about any of the |
| |
| |
(a) | persons who may be appointed; |
| |
(b) | the number of persons who may be appointed; |
| |
(c) | the term of office of persons appointed; |
| 25 |
(d) | the right of persons appointed to participate in decision-making |
| |
by the council (including voting); |
| |
(e) | purposes for which a person appointed is to be treated as an |
| |
| |
(f) | the filling of vacancies. |
| 30 |
(4) | The Secretary of State may issue guidance to parish councils about |
| |
| |
(5) | A statutory instrument containing regulations under this section is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| 35 |
| |
Power to promote well-being |
| |
56 | Extension of power to certain parish councils |
| |
(1) | Section 1 of the Local Government Act 2000 (c. 22) (meaning of local authority |
| |
in Part 1 of 2000 Act) is amended as follows. |
| 40 |
| |
| |
|
| |
| |
(2) | The provision of that section becomes subsection (1) of section 1. |
| |
(3) | In subsection (1), after paragraph (a)(v) insert— |
| |
“(vi) | an eligible parish council,”. |
| |
(4) | After subsection (1) insert— |
| |
“(2) | A parish council is “eligible” for the purposes of this Part if the council |
| 5 |
meets the conditions prescribed by the Secretary of State by order for |
| |
the purposes of this section.” |
| |
| |
(1) | The Local Government Act 2000 (c. 22) is amended as follows. |
| |
(2) | In section 2 (promotion of well-being), after subsection (3) insert— |
| 10 |
“(3A) | But, in the case of an eligible parish council, that is subject to section |
| |
| |
(3) | After section 4 (strategies for promoting well-being) insert— |
| |
| |
(1) | The duty in section 4 to prepare a community strategy does not apply |
| 15 |
to an eligible parish council. |
| |
(2) | But in exercising the power under section 2(1), an eligible parish |
| |
council must have regard to any community strategy prepared by a |
| |
relevant principal council. |
| |
(3) | In this section “relevant principal council”, in relation to a parish |
| 20 |
council, means any county council, district council or London borough |
| |
council whose area the parish lies within.” |
| |
| |
| |
Community governance reviews |
| 25 |
58 | Community governance reviews |
| |
(1) | A principal council must undertake a community governance review if the |
| |
council receives a community governance petition which relates to the whole |
| |
or part of the council’s area. |
| |
(2) | A principal council may, at any other time, undertake a community |
| 30 |
| |
(3) | A community governance review is a review of the whole or part of the |
| |
principal council’s area, for the purpose of making recommendations of the |
| |
kinds set out in sections 62 to 67 (if, and so far as, those sections are applicable). |
| |
(4) | In undertaking a community governance review the principal council must |
| 35 |
| |
| |
(b) | the terms of reference of the review. |
| |
| |
| |
|
| |
| |
(5) | A district council which is to undertake a community governance review must |
| |
notify the county council for its area (if any)— |
| |
(a) | that the review is to be undertaken, and |
| |
(b) | of the terms of reference of the review. |
| |
59 | Community governance petitions |
| 5 |
(1) | A community governance petition is a petition for a community governance |
| |
| |
(2) | A petition is not a valid community governance petition unless the conditions |
| |
in subsections (3) to (6) are met (so far as they are applicable). |
| |
(3) | The petition must be signed as follows— |
| 10 |
(a) | if the area to which the petition relates has fewer than 500 local |
| |
government electors, the petition must be signed by at least 50% of the |
| |
| |
(b) | if the area to which the petition relates has between 500 and 2,500 local |
| |
government electors, the petition must be signed by at least 250 of the |
| 15 |
| |
(c) | if the area to which the petition relates has more than 2,500 local |
| |
government electors, the petition must be signed by at least 10% of the |
| |
| |
| 20 |
(a) | define the area to which the review is to relate (whether on a map or |
| |
| |
(b) | specify one or more proposed recommendations. |
| |
(5) | If the specified recommendations include the constitution of a new parish, the |
| |
petition must define the area of the new parish (whether on a map or |
| 25 |
| |
(6) | If the specified recommendations include the alteration of the area of an |
| |
existing parish, the petition must define the area of the parish as it would be |
| |
after alteration (whether on a map or otherwise). |
| |
(7) | A principal council which receives a petition may treat the petition as not being |
| 30 |
a valid community governance petition if— |
| |
(a) | an earlier relevant petition has been made to the council within the |
| |
period of two years ending with the day when the council receives the |
| |
| |
(b) | in the opinion of the council, the area to which the later petition relates |
| 35 |
covers the whole or a significant part of the area to which the earlier |
| |
relevant petition related. |
| |
(8) | If the specified recommendations include the constitution of a new parish, the |
| |
petition is to be treated for the purposes of this Chapter as if the specified |
| |
recommendations also include the recommendations in section 62(5) to (7). |
| 40 |
(9) | If the specified recommendations include the establishment of a parish council |
| |
or parish meeting for an area which does not exist as a parish, the petition is to |
| |
be treated for the purposes of this Chapter as if the specified recommendations |
| |
also include recommendations for such a parish to come into being (either by |
| |
constitution of a new parish or alteration of the area of an existing parish). |
| 45 |
| |
| |
|
| |
| |
| |
“proposed recommendations” means recommendations which the |
| |
petitioners wish a community governance review to consider making; |
| |
“relevant petition” means a valid petition— |
| |
(a) | under this section, or |
| 5 |
(b) | under section 11 of the Local Government and Rating Act 1997 |
| |
| |
“specified recommendations” means the proposed recommendations |
| |
which are specified in the community governance petition. |
| |
60 | Terms of reference of review |
| 10 |
(1) | This section applies if a principal council is to undertake a community |
| |
| |
(2) | The principal council must decide the terms of reference of the review. |
| |
(3) | The terms of reference are the terms on which the review is to be undertaken. |
| |
(4) | The terms of reference must specify the area under review. |
| 15 |
(5) | If the review is undertaken because a community governance petition has been |
| |
received, the terms of reference must be such as to permit the review to |
| |
consider all of recommendations which are specified recommendations |
| |
(within the meaning of section 59). |
| |
(6) | The terms of reference may include any other provision which the principal |
| 20 |
council thinks appropriate. |
| |
Reorganisation of community governance |
| |
61 | Reorganisation of community governance |
| |
(1) | This section applies if a community governance review is undertaken. |
| |
(2) | The principal authority may, by order, give effect to the recommendations |
| 25 |
made in the review (except recommendations made to the Electoral |
| |
Commission in accordance with section 67). |
| |
(3) | But such an order may not include provision giving effect to any |
| |
recommendations to change protected electoral arrangements, unless the |
| |
Electoral Commission agrees to that provision. |
| 30 |
(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 an order previously made |
| |
| |
| 35 |
(b) | section 17 or 26 of the Local Government Act 1992 (c. 19), or |
| |
(c) | section 16 or 17 of the Local Government and Rating Act 1997. |
| |
(6) | For the purposes of this section electoral arrangements are “protected” if— |
| |
(a) | the electoral arrangements relate to the council of an existing parish, |
| |
| |
| |
|
