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amend
the Sustainable Communities Act 2007 to make further provision
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regarding the consideration
of proposals and the representation of parish |
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councils; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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1 |
Submission
of proposals by the selector |
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(1) |
The Sustainable
Communities Act 2007 (c. 23) (“the 2007 Act”)
is amended as |
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(2) |
After section 3 of the
2007 Act insert— |
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“3A |
Proposals
made by the selector |
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(1) |
The first short list
of proposals drawn up by the selector subsequent to |
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the
passing of this Act may contain as many proposals as the selector
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thinks
it is reasonably practicable for the Secretary of State to consider. |
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(2) |
After that first short
list of proposals has been submitted the selector |
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may
submit such further proposals as in his opinion it is reasonably
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10 |
practicable
for the Secretary of State to consider. |
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(3) |
The selector must, provided
that he has sufficient proposals from local |
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authorities,
ensure that there is always a reasonable number of |
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proposals
under consideration by the Secretary of State at any given |
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15 |
(4) |
The selector must publish
his reasons for rejecting any proposals from |
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2 |
Representation
of parish councils |
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(1) |
A panel of representatives
of local persons (“a panel”) established or |
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recognised pursuant to
section 5(4) of the 2007 Act must, subject to subsection |
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20 |
(2), include representatives
of parish councils in that local authority’s area. |
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(2) |
A
local authority that has established or recognised such a panel
shall select |
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representatives of parish
councils to be members of any such panel unless— |
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(a) |
the parish councils within
its area have selected at least two members |
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to serve on the panel within
6 months of the coming into force of this |
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5 |
(b) |
there are no parish councils
within the authority’s area. |
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(3) |
For the purpose of making
proposals to the Secretary of State pursuant to |
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section 2(1) of the 2007
Act “local authorities” shall be taken to include
any |
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county association of parish
councils in a local authority area. |
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(4) |
Before it makes any proposals
a county association of parish councils must |
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consult and try to reach
agreement with parish councils in its area about those |
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3 |
Petitions
and referendums |
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(1) |
Where a local authority
has decided not to make proposals to the Secretary of |
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State pursuant to section
2 of the 2007 Act and it receives a petition signed by |
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15 |
at least 5 per cent of
electors in its area requesting that such proposals should |
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be submitted, the authority
must hold a referendum of all its electors on the |
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proposals outlined in that
petition. |
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(2) |
If a majority of those
voting in a referendum held under subsection (1) support |
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the petition the local
authority must make proposals to the Secretary of State |
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under section 2 of the
2007 Act. |
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(3) |
The Secretary of State
must, within 12 months of the passing of this Act, make |
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regulations about the drawing
up and submission of petitions and the holding |
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of referendums under this
Act. |
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25 |
(1) |
The power to make regulations
under this Act is exercisable by statutory |
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(2) |
A statutory instrument
containing regulations under this Act is subject to |
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annulment in pursuance
of a resolution of either House of Parliament. |
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30 |
(1) |
This Act may be cited
as the Sustainable Communities 2007 (Amendment) Act |
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(2) |
This Act extends to England
only. |
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