Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
45

(b)
the electoral arrangements were made, or altered, by or in pursuance of
an order under 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.
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Recommendations of review
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Constitution of new parish
(1)
A community governance review must make recommendations as to what
new parish or parishes (if any) should be constituted in the area under review.
(2)
A new parish is constituted in any one of the following ways—
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(a)
by establishing an available area as a parish;
(b)
by aggregating an available area with one or more parishes or parts of
parishes;
(c)
by aggregating parts of parishes;
(d)
by amalgamating two or more parishes;
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(e)
by separating part of a parish.
(3)
For the purposes of subsection (2) “available area” means an area which—
(a)
is not a parish, and
(b)
is not part of a parish.
(4)
The following subsections apply if the review recommends that a new parish
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should be constituted.
(5)
The review must also make recommendations as to the name of the new parish.
(6)
The review must also make recommendations as to whether or not the new
parish should have a parish council.
(7)
The review must also make recommendations as to whether or not the new
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parish should have one of the alternative styles.
63
Existing parishes under review
(1)
A community governance review must make the following recommendations
in relation to each of the existing parishes under review.
(2)
The review must make one of the following recommendations—
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(a)
recommendations that the parish should not be abolished and that its
area should not be altered;
(b)
recommendations that the area of the parish should be altered;
(c)
recommendations that the parish should be abolished.
(3)
The review must make recommendations as to whether or not the name of the
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parish should be changed.
(4)
The review must make one of the following recommendations—
(a)
if the parish does not have a council: recommendations as to whether
or not the parish should have a council;
(b)
if the parish has a council: recommendations as to whether or not the
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parish should continue to have a council.

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
46

(5)
But the review may not make any recommendations for the parish—
(a)
to begin to have an alternative style (if it does not already have one), or
(b)
to cease to have an alternative style, or to have a different alternative
style, (if it already has one).
(6)
In this section “existing parishes under review” means each of the parishes (if
5
any) which are already in existence in the area under review.
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New council: consequential recommendations
(1)
This section applies if, under a relevant provision, a community governance
review makes recommendations that a parish should have a parish council.
(2)
The review must also make recommendations as to what electoral
10
arrangements should apply to the council.
(3)
These are the relevant provisions for the purposes of this section—
(a)
section 62 (new parishes);
(b)
section 63 (existing parishes)
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Council retained: consequential recommendations
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(1)
This section applies if, under a section 63, a community governance review
makes recommendations that a parish should continue to have a parish
council.
(2)
The review must also make recommendations to what changes (if any) should
be made to the electoral arrangements that apply to the council.
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66
Grouping or de-grouping parishes
(1)
A community governance review may make recommendations as to whether
or not grouping or de-grouping provision should be made.
(2)
If the review recommends that grouping or de-grouping provision should be
made, those recommendations must in particular include recommendations as
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to what changes (if any) should be made to the electoral arrangements that
apply to any council affected by the provision.
(3)
The reference to grouping or de-grouping provision is a reference to provision
equivalent to the provision of an order under section 11 of the Local
Government Act 1972 (c. 70).
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67
County, district or London borough: consequential recommendations
(1)
This section applies if a community governance review makes
recommendations under any other provision of this Chapter.
(2)
The review may make recommendations to the Electoral Commission as to
what related alteration (if any) should be made to the boundaries of the
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electoral areas of any affected principal council.
(3)
In this section—
“affected principal council” means any principal council whose area the
community governance review relates to (including the council
carrying out the review);
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Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
47

“related” means related to the other recommendations made under this
Chapter.
Undertaking reviews
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Duties when undertaking a review
(1)
The principal council must comply with the duties in this section when
5
undertaking a community governance review.
(2)
But, subject to those duties, it is for the principal council to decide how to
undertake the review.
(3)
The principal council must consult the following—
(a)
the local government electors for the area under review;
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(b)
any other person or body (including a local authority) which appears to
the principal council to have an interest in the review.
(4)
The principal council must have regard to the need to secure that community
governance within the area under review—
(a)
reflects the identities and interests of the community in that area, and
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(b)
is effective and convenient.
(5)
In deciding what recommendations to make, the principal council must take
into account any arrangements (other than those relating to parishes and their
institutions)—
(a)
that have already been made, or
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(b)
that could be made,

for the purposes of community representation or community engagement in
respect of the area under review.
(6)
The principal council must take into account any representations received in
connection with the review.
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(7)
The principal council must conclude the review within the period of 12 months
starting with the relevant day.
(8)
In this section “relevant day” means—
(a)
in a case where the review is being undertaken because a community
governance petition has been received: the day on which the petition is
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received by the principal council;
(b)
in any other case: the day on which the review starts.
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Recommendations to create parish councils
(1)
This section applies where a community governance review is required to
make any of the following recommendations—
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(a)
recommendations under section 62(6) as to whether or not a new parish
should have a parish council;
(b)
recommendations under section 63(4)(a) as to whether or not an
existing parish should have a parish council.
(2)
If the parish has 1,000 or more local government electors, the review must
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recommend that the parish should have a council.

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
48

(3)
If the parish has 150 or fewer local government electors, the review must
recommend that the parish should not have a council.
(4)
In any other case, it is for the principal council to decide whether or not the
parish should have a council.
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Electoral recommendations: general considerations
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(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
Section 64(2)

parish council

10

What changes (if any) should be made to the electoral
Section 65(2)

arrangements which apply to a parish council

(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.
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(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
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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
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(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
30
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.
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(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—
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(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.