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(1) | The Local Government Act 1972 (c. 70) is amended as follows. |
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(2) | In section 15 (chairman and vice-chairman of parish council)— |
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(a) | in subsection (1) after “from among the” insert “elected”; |
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(b) | in subsection (6) for “a member” substitute “one of the elected |
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(3) | In section 16 (parish councillors), in subsection (1) after “number of” insert |
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(4) | After section 16 insert— |
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“16A | Appointed councillors |
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(1) | A parish council may appoint persons to be councillors of the council. |
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(2) | The Secretary of State may by regulations make provision about— |
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(a) | the appointment of persons under this section; |
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(b) | the holding of office after appointment under this section. |
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(3) | The regulations may, in particular, make provision about any of the |
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(a) | persons who may be appointed; |
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(b) | the number of persons who may be appointed; |
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(c) | the term of office of persons appointed; |
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(d) | the right of persons appointed to participate in decision-making |
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by the council (including voting); |
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(e) | purposes for which a person appointed is to be treated as an |
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(f) | the filling of vacancies. |
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(4) | The Secretary of State may issue guidance to parish councils about |
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(5) | A statutory instrument containing regulations under this section is |
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subject to annulment in pursuance of a resolution of either House of |
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Power to promote well-being |
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57 | Extension of power to certain parish councils |
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(1) | Section 1 of the Local Government Act 2000 (c. 22) (meaning of local authority |
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in Part 1 of 2000 Act) is amended as follows. |
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(2) | The provision of that section becomes subsection (1) of section 1. |
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(3) | In subsection (1), after paragraph (a)(v) insert— |
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“(vi) | an eligible parish council,”. |
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(4) | After subsection (1) insert— |
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“(2) | A parish council is “eligible” for the purposes of this Part if the council |
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meets the conditions prescribed by the Secretary of State by order for |
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the purposes of this section.” |
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(1) | The Local Government Act 2000 (c. 22) is amended as follows. |
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(2) | In section 2 (promotion of well-being), after subsection (3) insert— |
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“(3A) | But, in the case of an eligible parish council, that is subject to section |
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(3) | After section 4 (strategies for promoting well-being) insert— |
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(1) | The duty in section 4 to prepare a community strategy does not apply |
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to an eligible parish council. |
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(2) | But in exercising the power under section 2(1), an eligible parish |
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council must have regard to any community strategy prepared by a |
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relevant principal council. |
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(3) | In this section “relevant principal council”, in relation to a parish |
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council, means any county council, district council or London borough |
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council whose area the parish lies within.” |
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Community governance reviews |
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59 | Community governance reviews |
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(1) | A principal council must undertake a community governance review if the |
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council receives a community governance petition which relates to the whole |
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or part of the council’s area. |
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(2) | A principal council may, at any other time, undertake a community |
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(3) | A community governance review is a review of the whole or part of the |
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principal council’s area, for the purpose of making recommendations of the |
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kinds set out in sections 63 to 68 (if, and so far as, those sections are applicable). |
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(4) | In undertaking a community governance review the principal council must |
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(b) | the terms of reference of the review. |
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(5) | A district council which is to undertake a community governance review must |
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notify the county council for its area (if any)— |
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(a) | that the review is to be undertaken, and |
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(b) | of the terms of reference of the review. |
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60 | Community governance petitions |
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(1) | A community governance petition is a petition for a community governance |
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(2) | A petition is not a valid community governance petition unless the conditions |
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in subsections (3) to (6) are met (so far as they are applicable). |
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(3) | The petition must be signed as follows— |
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(a) | if the area to which the petition relates has fewer than 500 local |
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government electors, the petition must be signed by at least 50% of the |
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(b) | if the area to which the petition relates has between 500 and 2,500 local |
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government electors, the petition must be signed by at least 250 of the |
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(c) | if the area to which the petition relates has more than 2,500 local |
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government electors, the petition must be signed by at least 10% of the |
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(a) | define the area to which the review is to relate (whether on a map or |
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(b) | specify one or more proposed recommendations. |
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(5) | If the specified recommendations include the constitution of a new parish, the |
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petition must define the area of the new parish (whether on a map or |
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(6) | If the specified recommendations include the alteration of the area of an |
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existing parish, the petition must define the area of the parish as it would be |
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after alteration (whether on a map or otherwise). |
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(7) | A principal council which receives a petition may treat the petition as not being |
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a valid community governance petition if— |
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(a) | an earlier relevant petition has been made to the council within the |
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period of two years ending with the day when the council receives the |
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(b) | in the opinion of the council, the area to which the later petition relates |
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covers the whole or a significant part of the area to which the earlier |
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relevant petition related. |
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(8) | If the specified recommendations include the constitution of a new parish, the |
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petition is to be treated for the purposes of this Chapter as if the specified |
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recommendations also include the recommendations in section 63(5) to (7). |
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(9) | If the specified recommendations include the establishment of a parish council |
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or parish meeting for an area which does not exist as a parish, the petition is to |
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be treated for the purposes of this Chapter as if the specified recommendations |
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also include recommendations for such a parish to come into being (either by |
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constitution of a new parish or alteration of the area of an existing parish). |
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“proposed recommendations” means recommendations which the |
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petitioners wish a community governance review to consider making; |
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“relevant petition” means a valid petition— |
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(a) | under this section, or |
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(b) | under section 11 of the Local Government and Rating Act 1997 |
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“specified recommendations” means the proposed recommendations |
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which are specified in the community governance petition. |
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61 | Terms of reference of review |
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(1) | This section applies if a principal council is to undertake a community |
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(2) | The principal council must decide the terms of reference of the review. |
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(3) | The terms of reference are the terms on which the review is to be undertaken. |
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(4) | The terms of reference must specify the area under review. |
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(5) | If the review is undertaken because a community governance petition has been |
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received, the terms of reference must be such as to permit the review to |
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consider all of recommendations which are specified recommendations |
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(within the meaning of section 60). |
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(6) | The terms of reference may include any other provision which the principal |
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council thinks appropriate. |
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Reorganisation of community governance |
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62 | Reorganisation of community governance |
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(1) | This section applies if a community governance review is undertaken. |
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(2) | The principal authority may, by order, give effect to the recommendations |
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made in the review (except recommendations made to the Electoral |
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Commission in accordance with section 68). |
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(3) | But such an order may not include provision giving effect to any |
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recommendations to change protected electoral arrangements, unless the |
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Electoral Commission agrees to that provision. |
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(4) | An order under this section must include a map showing in general outline the |
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area affected by the order. |
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(5) | An order under this section may vary or revoke an order previously made |
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(b) | section 17 or 26 of the Local Government Act 1992 (c. 19), or |
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(c) | section 16 or 17 of the Local Government and Rating Act 1997. |
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(6) | For the purposes of this section electoral arrangements are “protected” if— |
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(a) | the electoral arrangements relate to the council of an existing parish, |
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(b) | the electoral arrangements were made, or altered, by or in pursuance of |
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an order under section 17 of the Local Government Act 1992 or section |
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14 of the Local Government and Rating Act 1997, and |
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(c) | that order was made during the period of five years ending with the |
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day on which the community governance review starts. |
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