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| | Electoral Commission to make order for new electoral scheme |
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| To move the following Clause:— |
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| | ‘(1) | Where the Electoral Commission receive notice under section (Notice to |
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| | Electoral Commission) that a council has passed a resolution, they must— |
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| | (a) | in the case of a resolution for elections by halves, make an order for |
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| | elections by halves in relation to the council (see sections (Order for |
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| | elections by halves: years in which elections are to be held) and (Order |
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| | for elections by halves: councillors to be elected at ordinary elections)); |
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| | (b) | in the case of a resolution for elections by thirds, make an order for |
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| | elections by thirds in relation to the council (see sections (Order for |
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| | elections by thirds: years in which elections are to be held) and (Order |
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| | for elections by thirds: councillors to be elected at ordinary elections)). |
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| | (2) | But the Commission must not make the order— |
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| | (a) | before they have decided whether or not to give the Boundary Committee |
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| | a direction to conduct an electoral review (see section (Electoral |
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| | Commission to consider whether electoral review is necessary)(2)), or |
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| | (b) | if they give such a direction, before the Boundary Committee have |
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| | Order for elections by halves: years in which elections are to be held |
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| To move the following Clause:— |
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| | ‘(1) | An order for elections by halves in relation to a council must secure that the |
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| | ordinary elections of councillors of the council are held in years determined in |
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| | accordance with this section. |
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| | (2) | Ordinary elections of the councillors of the council are to be held in— |
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| | (a) | the first relevant year after the year in which the Electoral Commission |
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| | (b) | each subsequent year for elections by halves. |
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| | “relevant year” means 2011 and every fourth year afterwards; |
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| | “year for elections by halves” means 2012 and every second year |
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| | Order for elections by halves: councillors to be elected at ordinary elections |
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| To move the following Clause:— |
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| | ‘(1) | An order for elections by halves in relation to a council must make provision for |
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| | the election and retirement of councillors in accordance with this section. |
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| | (2) | In the case of the ordinary elections held in the year determined in accordance |
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| | with section (Order for elections by halves: years in which elections are to be |
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| | (a) | all of the councillors are to be elected; |
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| | (b) | on the fourth day after the elections are held— |
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| | (i) | the councillors elected in those elections are to come into office, |
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| | (ii) | all of the sitting councillors are to retire. |
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| | (3) | In the case of ordinary elections held subsequently— |
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| | (a) | one half (or as nearly as may be) of the councillors are to be elected; |
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| | (b) | on the fourth day after the elections are held— |
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| | (i) | the councillors elected in those elections are to come into office, |
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| | (ii) | the specified sitting councillors are to retire. |
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| | (4) | The order must include provision for identifying which councillors are to retire in |
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| | each year in which ordinary elections are to be held (other than the first), |
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| | including provision for identifying— |
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| | (b) | the councillors affected within particular wards. |
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| | (5) | In this section “specified sitting councillors”, in relation to ordinary elections, |
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| | means the sitting councillors who are to retire in the year of those elections by |
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| | Order for elections by thirds: years in which elections are to be held |
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| To move the following Clause:— |
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| | ‘(1) | An order for elections by thirds in relation to a council must secure that the |
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| | ordinary elections of councillors of the council are held in years determined in |
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| | accordance with this section. |
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| | (2) | Ordinary elections of the councillors of the council are to be held in— |
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| | (a) | the first relevant year after the year in which the Electoral Commission |
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| | (b) | each subsequent year, unless it is a fallow year. |
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| | “fallow year” means 2013 and every fourth year afterwards; |
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| | (c) | in relation to a metropolitan district council: 2014 and every |
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| | (d) | in relation to a non-metropolitan district council: 2011 and every |
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| | Order for elections by thirds: councillors to be elected at ordinary elections |
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| To move the following Clause:— |
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| | ‘(1) | An order for elections by thirds in relation to a council must make provision for |
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| | the election and retirement of councillors in accordance with this section. |
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| | (2) | In the case of the ordinary elections held in the year determined in accordance |
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| | with section (Order for elections by thirds: years in which elections are to be |
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| | (a) | all of the councillors are to be elected; |
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| | (b) | on the fourth day after the elections are held— |
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| | (i) | the councillors elected in those elections are to come into office, |
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| | (ii) | all of the sitting councillors are to retire. |
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| | (3) | In the case of ordinary elections held subsequently— |
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| | (a) | one third (or as nearly as may be) of the councillors are to be elected; |
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| | (b) | on the fourth day after the elections are held— |
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| | (i) | the councillors elected in those elections are to come into office, |
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| | (ii) | the specified sitting councillors are to retire. |
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| | (4) | The order must include provision for identifying which councillors are to retire in |
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| | each year in which ordinary elections are to be held (other than the first), |
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| | including provision for identifying— |
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| | (b) | the councillors affected within particular wards. |
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| | (5) | In this section “specified sitting councillors”, in relation to ordinary elections, |
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| | means the sitting councillors who are to retire in the year of those elections by |
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| | Order for elections by halves or elections by thirds: transitional provision |
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| To move the following Clause:— |
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| | ‘(1) | An order under section (Electoral Commission to make order for new electoral |
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| | scheme) (order for elections by halves or for elections by thirds) may include |
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| | provision about the transition to the council’s new electoral scheme. |
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| | (2) | Provision made by virtue of this section may, in particular, include provision for |
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| | the retirement of some councillors after their initial election at times different |
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| | from those otherwise applying, and for identifying which of them are so to |
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| | Power of Electoral Commission to make incidental etc provision |
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| To move the following Clause:— |
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| | ‘The Commission may by order make incidental, consequential, transitional or |
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| | supplemental provision in connection with provision made by order under section |
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| | (Electoral Commission to make order for new electoral scheme) (order for |
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| | elections by halves or for elections by thirds).’. |
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| | Position if Electoral Commission acts under existing powers |
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| To move the following Clause:— |
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| | (a) | the Commission give the Boundary Committee a direction to conduct an |
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| | electoral review (see section (Electoral Commission to consider whether |
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| | electoral review is necessary)(2)), and |
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| | (b) | in response to that request the Boundary Committee make |
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| | recommendations to the Commission for electoral changes, |
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| | nothing in this Part requires the Commission to make any provision in relation to |
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| | matters dealt with, or to be dealt with, by the Commission in an order under |
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| | section 17 of the Local Government Act 1992 (c. 19) giving effect to those |
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| | Publicity for order by Electoral Commission |
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| To move the following Clause:— |
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| | ‘(1) | A council must comply with this section as soon as practicable after the Electoral |
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| | Commission have made an order under section (Electoral Commission to make |
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| | order for new electoral scheme) (order for elections by halves or for elections by |
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| | thirds) in relation to it. |
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| | (2) | The council must produce an explanatory document. |
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| | (3) | The council must make the explanatory document— |
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| | (a) | available for public inspection at the council’s principal office at all |
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| | (b) | available to the public by such other means as the council thinks |
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| | (4) | The council must publicise these matters— |
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| | (a) | that the council has become subject to the new electoral scheme; |
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| | (b) | how the explanatory document is available in accordance with subsection |
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| | (c) | the address of the council’s principal office. |
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| | (5) | It is for the council to decide how these matters are to be publicised. |
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| | (6) | An explanatory document is a document which sets out details of the new |
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| | Power of council to alter years of ordinary elections of parish councillors |
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| To move the following Clause:— |
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| | ‘(1) | This section applies if a council passes a resolution under this Part. |
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| | (2) | The council may by order make provision that changes the years in which the |
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| | ordinary elections of parish councillors for any parish situated in the council’s |
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| | (3) | The power may only be exercised so as to secure that those elections are to be held |
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| | in years in which ordinary elections of district councillors for a ward in which any |
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| | part of the parish is situated are to be held. |
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| | (4) | The order may include transitional provision— |
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| | (a) | for the retirement of existing parish councillors at times different from |
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| | those otherwise applying; |
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| | (b) | for the retirement of some parish councillors after their initial election |
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| | after the order comes into force at times different from those otherwise |
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| | Terms of reference of review |
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| To move the following Clause:— |
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| | ‘(1) | The terms of reference of a community governance review are the terms on which |
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| | the review is to be undertaken. |
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| | (2) | The terms of reference of a community governance review must specify the area |
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| | (3) | Sections (No review being undertaken: duty to respond to petition) and (Review |
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| | being undertaken: duty to respond to petition) make further provision about the |
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| | terms of reference of community governance reviews. |
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| | (4) | Subject to subsection (2), and sections (No review being undertaken: duty to |
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| | respond to petition) and (Review being undertaken: duty to respond to petition), |
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| | it is for a principal council— |
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| | (a) | to decide the terms of reference of any community governance review |
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| | which the council is to undertake; and |
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| | (b) | to decide what modifications (if any) to make to terms of reference. |
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| | (5) | As soon as practicable after deciding terms of reference, the principal council |
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| | (6) | As soon as practicable after modifying terms of reference, the principal council |
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| | must publish the modified terms.’. |
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| | Council’s power to undertake review |
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| To move the following Clause:— |
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| | ‘A principal council may undertake a community governance review.’. |
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| | No review being undertaken: duty to respond to petition |
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| To move the following Clause:— |
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| | ‘(1) | This section applies if these conditions are met— |
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| | (a) | a principal council receives a community governance petition which |
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| | relates to the whole or part of a principal council’s area; |
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| | (b) | at the time the petition is received, the council is not in the course of |
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| | undertaking a community governance review. |
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| | (2) | The principal council must undertake a community governance review that has |
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| | terms of reference that allow for the petition to be considered. |
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| | (3) | But the duty in subsection (2) does not apply if— |
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| | (a) | the principal council has concluded a previous community governance |
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| | review within the relevant two-year period, and |
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| | (b) | in the council’s opinion the petition area covers the whole or a significant |
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| | part of the area to which the previous review related. |
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| | | For further provision about this case, see section (Power to respond to petition).’. |
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| | Review being undertaken: duty to respond to petition |
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| To move the following Clause:— |
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| | ‘(1) | This section applies if the following conditions are met— |
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| | (a) | a principal council receives a community governance petition which |
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| | relates to the whole or part of a principal council’s area; |
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| | (b) | at the time the petition is received, the council is in the course of |
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| | undertaking a community governance review (“the current review”); |
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| | (c) | the petition area is wholly outside the area under review. |
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| | (2) | The principal council must follow one of the options in subsection (4), (5) or (6). |
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| | (3) | But the duty in subsection (2) does not apply if— |
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| | (a) | the principal council has concluded a previous community governance |
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| | review within the relevant two-year period, and |
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| | (b) | in the council’s opinion the petition area covers the whole or a significant |
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| | part of the area to which the previous review related. |
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| | | For further provision about this case, see section (Power to respond to petition). |
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| | (4) | The first option mentioned in subsection (2) is for the principal council to modify |
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| | the terms of reference of the current review so that they allow for the petition to |
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| | (5) | The second option is for the principal council to undertake a community |
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| | (a) | is separate from the current review, and |
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| | (b) | has terms of reference that allow for the petition to be considered. |
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| | (6) | The third option is for the principal council to— |
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| | (a) | modify the terms of reference of the current review, |
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| | (b) | undertake a community governance review that is separate from the |
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| | current review (“the new review”), and |
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| | (c) | secure that (when taken together)— |
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| | (i) | the terms of reference of the current review (as modified), and |
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| | (ii) | the terms of reference of the new review, |
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| | | allow for the petition to be considered.’. |
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| | Power to respond to petition |
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| To move the following Clause:— |
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| | ‘(1) | In any of the following cases where a principal council receive a community |
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| | governance petition, it is for the council to decide what action (if any) to take |
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| | under section (Council’s power to undertake review) (power to undertake review) |
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| | or (Terms of reference of review)(4)(b) (power to modify terms of review) in |
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| | response to that petition. |
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| | (2) | The first case is where— |
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