Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
58

Chapter 2
Power to promote well-being
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Extension of power to certain parish councils
(1)
Section 1 of the Local Government Act 2000 (c. 22) (meaning of local authority
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.
(3)
In subsection (1), after paragraph (a)(v) insert—
“(vi)
an eligible parish council,”.
(4)
After subsection (1) insert—
“(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
the purposes of this section.”
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Community strategies
(1)
The Local Government Act 2000 is amended as follows.
(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
4A.”
(3)
After section 4 (strategies for promoting well-being) insert—
“4A
Strategies: parishes
(1)
The duty in section 4 to prepare a community strategy does not apply
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to an eligible parish council.
(2)
But in exercising the power under section 2(1), an eligible parish
council must have regard to any community strategy prepared by a
relevant principal council.
(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
council whose area the parish lies within.”
Chapter 3
Reorganisation
Key terms used
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85
Community governance reviews
(1)
A community governance review is a review of the whole or part of the
principal council’s area, for the purpose of making recommendations of the
kinds set out in sections 93 to 98 (if, and so far as, those sections are applicable).

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
59

(2)
In undertaking a community governance review the principal council must
comply with—
(a)
this Chapter, and
(b)
the terms of reference of the review.
(3)
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)—
(a)
that the review is to be undertaken, and
(b)
of the terms of reference of the review (including any modification of
those terms).
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Community governance petitions
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(1)
A community governance petition is a petition for a community governance
review to be undertaken.
(2)
A petition is not a valid community governance petition unless the conditions
in subsections (3) to (6) are met (so far as they are applicable).
(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
government electors, the petition must be signed by at least 50% of the
electors;
(b)
if the area to which the petition relates has between 500 and 2,500 local
government electors, the petition must be signed by at least 250 of the
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electors;
(c)
if the area to which the petition relates has more than 2,500 local
government electors, the petition must be signed by at least 10% of the
electors.
(4)
The petition must—
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(a)
define the area to which the review is to relate (whether on a map or
otherwise), and
(b)
specify one or more recommendations which the petitioners wish a
community governance review to consider making.
(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
otherwise).
(6)
If the specified recommendations include the alteration of the area of an
existing parish, the petition must define the area of the parish as it would be
after alteration (whether on a map or otherwise).
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(7)
If the specified recommendations include the constitution of a new parish, the
petition is to be treated for the purposes of this Chapter as if the specified
recommendations also include the recommendations in section 93(5) to (7).
(8)
If the specified recommendations include the establishment of a parish council
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
also include recommendations for such a parish to come into being (either by
constitution of a new parish or alteration of the area of an existing parish).

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
60

87
Terms of reference of review
(1)
The terms of reference of a community governance review are the terms on
which the review is to be undertaken.
(2)
The terms of reference of a community governance review must specify the
area under review.
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(3)
Sections 89 and 90 make further provision about the terms of reference of
community governance reviews.
(4)
Subject to subsection (2), and sections 89 and 90, it is for a principal council—
(a)
to decide the terms of reference of any community governance review
which the council is to undertake; and
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(b)
to decide what modifications (if any) to make to terms of reference.
(5)
As soon as practicable after deciding terms of reference, the principal council
must publish the terms.
(6)
As soon as practicable after modifying terms of reference, the principal council
must publish the modified terms.
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Undertaking community governance reviews
88
Council’s power to undertake review
A principal council may undertake a community governance review.
89
No review being undertaken: duty to respond to petition
(1)
This section applies if these conditions are met—
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(a)
a principal council receives a community governance petition which
relates to the whole or part of a principal council’s area;
(b)
at the time the petition is received, the council is not in the course of
undertaking a community governance review.
(2)
The principal council must undertake a community governance review that
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has terms of reference that allow for the petition to be considered.
(3)
But the duty in subsection (2) does not apply if—
(a)
the principal council has concluded a previous community governance
review within the relevant two-year period, and
(b)
in the council’s opinion the petition area covers the whole or a
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significant part of the area to which the previous review related.

For further provision about this case, see section 91.
90
Review being undertaken: duty to respond to petition
(1)
This section applies if the following conditions are met—
(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;
(b)
at the time the petition is received, the council is in the course of
undertaking a community governance review (“the current review”);
(c)
the petition area is wholly outside the area under review.

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
61

(2)
The principal council must follow one of the options in subsection (4), (5) or (6).
(3)
But the duty in subsection (2) does not apply if—
(a)
the principal council has concluded a previous community governance
review within the relevant two-year period, and
(b)
in the council’s opinion the petition area covers the whole or a
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significant part of the area to which the previous review related.

For further provision about this case, see section 91.
(4)
The first option mentioned in subsection (2) is for the principal council to
modify the terms of reference of the current review so that they allow for the
petition to be considered.
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(5)
The second option is for the principal council to undertake a community
governance review that—
(a)
is separate from the current review, and
(b)
has terms of reference that allow for the petition to be considered.
(6)
The third option is for the principal council to—
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(a)
modify the terms of reference of the current review,
(b)
undertake a community governance review that is separate from the
current review (“the new review”), and
(c)
secure that (when taken together)—
(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,

allow for the petition to be considered.
91
Power to respond to petition
(1)
In any of the following cases where a principal council receive a community
governance petition, it is for the council to decide what action (if any) to take
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under section 88 (power to undertake review) or 87(4)(b) (power to modify
terms of review) in response to that petition.
(2)
The first case is where—
(a)
section 89 applies (no review being undertaken when petition
received), but
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(b)
the duty in section 89(2) does not apply because of section 89(3) (no
duty to respond to petition because previous review concluded in
relevant two-year period).
(3)
The second case is where—
(a)
section 90 applies (review being undertaken when petition received:
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petition area wholly outside area under review), but
(b)
the duty in section 90(2) does not apply because of section 90(3) (no
duty to respond to petition because previous review concluded in
relevant two-year period).
(4)
The third case is where these conditions are met—
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(a)
a principal council receives a community governance petition which
relates to the whole or part of a principal council’s area;
(b)
at the time the petition is received, the council is in the course of
undertaking a community governance review;
(c)
the petition area is wholly or partly inside the area under review.
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