Draft Legislative Reform (Community Governance Reviews) Order 2015 - Regulatory Reform Contents


2  Description of the draft Order

Background

3. The draft Order would amend the Local Government and Public Involvement in Health Act 2007 (the "2007 Act"), which requires all local authorities in England to comply with regulations covering community governance reviews—the process that allows for the creation of new town and parish councils. According to the Department, the intention of the draft Order is to "remove the bureaucracy that frustrates and hinders many local campaigners" in calling for such reviews while retaining "the elements of the legislation that currently prevent the risk of councils being set up where there is insufficient support".[2]

4. The draft Order would make three changes to the 2007 Act.

LOWERING THE THRESHOLD OF SIGNATURES REQUIRED TO MAKE A VALID PETITION FROM 10 PER CENT TO 7.5 PER CENT; [3]

5. Lowering the threshold would reduce the percentage of local government electors required to sign the community governance petition, to trigger a review. The Department's original consultation proposed a reduction from 10 per cent to 5 per cent. However, in light of the responses to that consultation, the Department now proposes a 7.5 per cent threshold. The Department has concluded that this modification would provide a better balance between "improving local democracy" and "maintaining the necessary protections".[4] In terms of the protections, the Department is clear that the existing safeguards in the 2007 Act would be retained.[5] In particular, it highlights the fact that provisions under section 79 of the Act 2007—which establish the local authority's role in making the final decision on whether a parish council should be established—are unaffected by the draft Order.[6]

SHORTENING THE AMOUNT OF TIME THE LOCAL AUTHORITY CAN TAKE TO COMPLETE A COMMUNITY GOVERNANCE REVIEW[7]

6. At present, the principal council must complete a review within 12 months of the day that the review begins. The draft Order proposes to reduce this to 12 months from the date of receipt of the petition or application.[8] The intention is to "speed up the process and grant a degree of certainty for local campaigners".[9]

7. The Department argues that the new timetable provides both local authorities and local campaigners with a "clearly defined timeline"[10] and that local campaigners would have the assurance needed to coordinate effective and sustainable campaigns. Furthermore, the Department asserts that the time limit proposed is "realistic to allow for local authorities to complete even the most complex of reviews".[11]

ALLOWING NEIGHBOURHOOD FORUMS TO TRIGGER A COMMUNITY GOVERNANCE REVIEW[12]

8. At present, a Neighbourhood Forum set up under Regulations is required to obtain signatories for a petition for a new council, even if the Forum has secured support for a neighbourhood plan. The draft Order would enable a Neighbourhood Forum (which has agreed a neighbourhood development plan), the right to submit an application for the creation of a new parish. This power would remove the repetitive elements that require campaigners to complete two separate consultation processes to evidence support for their proposals for the future of the community.[13]

9. The Department argues that the proposed change recognises that "the current requirement that forums with an agreed plan must still submit a petition to trigger a review is onerous and unnecessary".[14] It goes on emphasize the fact that the change "only gives the forum the ability to instigate a review if it achieves the required threshold" and did not "in itself make the establishment of a town and parish inevitable".[15]

OTHER AMENDMENTS

10. In order to support Local Government in the implementation of these changes, the Department has undertaken to revise and strengthen the existing joint DCLG and Local Government Boundary Commission guidance on Community Governance Reviews.

11. DCLG and Local Government Boundary Commission Guidance are currently working together to revise the guidance to set out the process for applying the new measures. This will involve a "coordinated approach taken by DCLG and the Commission" to ensure that the guidance is updated at appropriate milestones to reflect "future changes to legislation".[16]

CENTRAL GOVERNMENT SUPPORT FOR NEW BURDENS FOR LOCAL AUTHORITY COMMUNITY GOVERNANCE REVIEWS

12. The Government has also committed to provide support for local authorities subject to conducting community governance reviews as a result of the new measures. The provision of the central fund will mean that local authorities subject to increased petitions will not incur any additional costs as a result of the new measures.[17]


2   Explanatory Document, para 2 Back

3   Explanatory Document, page 6 Back

4   Explanatory Document, para 18 Back

5   Explanatory Document, para 19 Back

6   Explanatory Document, para 19 Back

7   Explanatory Document, page 7 Back

8   Explanatory Document, para 20 Back

9   Explanatory Document, para 20 Back

10   Explanatory Document, para 22 Back

11   Explanatory Document, para 22 Back

12   Explanatory Document, page 8 Back

13   Explanatory Document, para 23 Back

14   Explanatory Document, para 25 Back

15   Explanatory Document, para 25 Back

16   Explanatory Document, para 27 Back

17   Explanatory Document, para 28  Back


 
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© Parliamentary copyright 2015
Prepared 30 January 2015