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 reviewsthe 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 2007which establish the local authority's
role in making the final decision on whether a parish council
should be establishedare 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
|