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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes

38

 

(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

alternative style;

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

provision was made.

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

alternative style.

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

style.

(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

the following styles—

30

(a)   

“group of communities”;

(b)   

“group of neighbourhoods”;

(c)   

“group of villages”.

(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

parish lies.

(3)   

After section 12 insert—

“12A    

Parishes: alternative styles

(1)   

This section applies to a parish which is not grouped with any other

45

parish.

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes

39

 

(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

all of the following—

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

meeting”;

(b)   

the parish trustees shall be known by the name of “The

Community Trustees” with the addition of the name of the

25

community.

(5B)   

If the parish has the style of neighbourhood—

(a)   

the parish meeting shall have the style of “neighbourhood

meeting”;

(b)   

the parish trustees shall be known by the name of “The

30

Neighbourhood Trustees” with the addition of the name of the

neighbourhood.

(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)

insert—

“(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

the community.

(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.

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes

40

 

(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

village.”

(6)   

In section 15 (chairman and vice-chairman of parish council or meeting), after

subsection (10) insert—

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—

(a)   

“community”;

(b)   

“neighbourhood”;

30

(c)   

“village”.

(3)   

References to a parish having an alternative style, or a particular

alternative style, are references to the parish having that style by virtue

of—

(a)   

a relevant order, or

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.

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 2 — Power to promote well-being

41

 

(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

Health Act 2007.”

55      

Appointed councillors

(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

members”.

(3)   

In section 16 (parish councillors), in subsection (1) after “number of” insert

“elected”.

(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

following matters—

(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

elected councillor;

(f)   

the filling of vacancies.

30

(4)   

The Secretary of State may issue guidance to parish councils about

appointing councillors.

(5)   

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.”

35

Chapter 2

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

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation

42

 

(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.”

57      

Community strategies

(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

4A.”

(3)   

After section 4 (strategies for promoting well-being) insert—

“4A     

Strategies: parishes

(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.”

Chapter 3

Reorganisation

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

governance review.

(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

comply with—

(a)   

this Chapter, and

(b)   

the terms of reference of the review.

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation

43

 

(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

review to be undertaken.

(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

electors;

(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

electors;

(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

electors.

(4)   

The petition must—

20

(a)   

define the area to which the review is to relate (whether on a map or

otherwise), and

(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

otherwise).

(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

later petition, and

(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

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation

44

 

(10)   

In this section—

“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

(c. 29);

“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

governance review.

(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

under—

(a)   

this section,

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,

 
 

 
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