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
62

Reorganisation of community governance
92
Reorganisation of community governance
(1)
This section applies if a community governance review is undertaken.
(2)
The principal council may, by order, give effect to the recommendations made
in the review (except recommendations made to the Electoral Commission in
5
accordance with section 98).
(3)
But such an order may not include provision giving effect to any
recommendations to change protected electoral arrangements, unless the
Electoral Commission agrees to that provision.
(4)
An order under this section must include a map showing in general outline the
10
area affected by the order.
(5)
An order under this section may vary or revoke an order previously made
under—
(a)
this section,
(b)
Part 1 of this Act,
15
(c)
section 17 of the Local Government Act 1992 (c. 19), or
(d)
section 16 or 17 of the Local Government and Rating Act 1997 (c. 29).
(6)
For the purposes of this section electoral arrangements are “protected” if—
(a)
the electoral arrangements relate to the council of an existing parish,
(b)
the electoral arrangements were made, or altered, by or in pursuance of
20
an order under section 17 of the Local Government Act 1992 or section
14 of the Local Government and Rating Act 1997, and
(c)
that order was made during the period of five years ending with the
day on which the community governance review starts.
Recommendations of review
25
93
Constitution of new parish
(1)
A community governance review must make recommendations as to what
new parish or parishes (if any) should be constituted in the area under review.
(2)
A new parish is constituted in any one of the following ways—
(a)
by establishing an available area as a parish;
30
(b)
by aggregating an available area with one or more parishes or parts of
parishes;
(c)
by aggregating parts of parishes;
(d)
by amalgamating two or more parishes;
(e)
by separating part of a parish.
35
(3)
For the purposes of subsection (2) “available area” means an area which—
(a)
is not a parish, and
(b)
is not part of a parish.
(4)
The following subsections apply if the review recommends that a new parish
should be constituted.
40
(5)
The review must also make recommendations as to the name of the new parish.

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Chapter 3 — Reorganisation
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(6)
The review must also make recommendations as to whether or not the new
parish should have a parish council.
(7)
The review must also make recommendations as to whether or not the new
parish should have one of the alternative styles.
94
Existing parishes under review
5
(1)
A community governance review must make the following recommendations
in relation to each of the existing parishes under review.
(2)
The review must make one of the following recommendations—
(a)
recommendations that the parish should not be abolished and that its
area should not be altered;
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(b)
recommendations that the area of the parish should be altered;
(c)
recommendations that the parish should be abolished.
(3)
The review must make recommendations as to whether or not the name of the
parish should be changed.
(4)
The review must make one of the following recommendations—
15
(a)
if the parish does not have a council: recommendations as to whether
or not the parish should have a council;
(b)
if the parish has a council: recommendations as to whether or not the
parish should continue to have a council.
(5)
But the review may not make any recommendations for the parish—
20
(a)
to begin to have an alternative style (if it does not already have one), or
(b)
to cease to have an alternative style, or to have a different alternative
style, (if it already has one).
(6)
In this section “existing parishes under review” means each of the parishes (if
any) which are already in existence in the area under review.
25
95
New council: consequential recommendations
(1)
This section applies if, under a relevant provision, a community governance
review makes recommendations that a parish should have a parish council.
(2)
The review must also make recommendations as to what electoral
arrangements should apply to the council.
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(3)
These are the relevant provisions for the purposes of this section—
(a)
section 93 (new parishes);
(b)
section 94 (existing parishes)
96
Council retained: consequential recommendations
(1)
This section applies if, under a section 94, a community governance review
35
makes recommendations that a parish should continue to have a parish
council.
(2)
The review must also make recommendations as to what changes (if any)
should be made to the electoral arrangements that apply to the council.

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Chapter 3 — Reorganisation
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97
Grouping or de-grouping parishes
(1)
A community governance review may make recommendations as to whether
or not grouping or de-grouping provision should be made.
(2)
If the review recommends that grouping or de-grouping provision should be
made, those recommendations must in particular include recommendations as
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to what changes (if any) should be made to the electoral arrangements that
apply to any council affected by the provision.
(3)
The reference to grouping or de-grouping provision is a reference to provision
equivalent to the provision of an order under section 11 of the Local
Government Act 1972 (c. 70).
10
98
County, district or London borough: consequential recommendations
(1)
This section applies if a community governance review makes
recommendations under any other provision of this Chapter.
(2)
The review may make recommendations to the Electoral Commission as to
what related alteration (if any) should be made to the boundaries of the
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electoral areas of any affected principal council.
(3)
The Electoral Commission may by order give effect to recommendations made
under subsection (2).
(4)
The Electoral Commission must notify each relevant principal council of
whether or not the Commission have given effect to recommendations made
20
under subsection (2).
(5)
If the Electoral Commission have given effect to the recommendations, they
must also send each relevant principal council two copies of the order under
this section.
(6)
In this section—
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“affected principal council” means any principal council whose area the
community governance review relates to (including the council
carrying out the review);
“related” means related to the other recommendations made under this
Chapter.
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“relevant principal council”, in relation to recommendations under
subsection (2), means—
(a)
the principal council that made the recommendations, and
(b)
if the recommendations are made by a district council for an
area for which there is a county council, the county council.
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Duties of council undertaking review
99
Duties when undertaking a review
(1)
The principal council must comply with the duties in this section when
undertaking a community governance review.
(2)
But, subject to those duties, it is for the principal council to decide how to
40
undertake the review.
(3)
The principal council must consult the following—

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(a)
the local government electors for the area under review;
(b)
any other person or body (including a local authority) which appears to
the principal council to have an interest in the review.
(4)
The principal council must have regard to the need to secure that community
governance within the area under review—
5
(a)
reflects the identities and interests of the community in that area, and
(b)
is effective and convenient.
(5)
In deciding what recommendations to make, the principal council must take
into account any other arrangements (apart from those relating to parishes and
their institutions)—
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(a)
that have already been made, or
(b)
that could be made,

for the purposes of community representation or community engagement in
respect of the area under review.
(6)
The principal council must take into account any representations received in
15
connection with the review.
(7)
The principal council must conclude the review within the period of 12 months
starting with the day on which the council begins the review.
100
Recommendations to create parish councils
(1)
This section applies where a community governance review is required to
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make any of the following recommendations—
(a)
recommendations under section 93(6) as to whether or not a new parish
should have a parish council;
(b)
recommendations under section 94(4)(a) as to whether or not an
existing parish should have a parish council.
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(2)
If the parish has 1,000 or more local government electors, the review must
recommend that the parish should have a council.
(3)
If the parish has 150 or fewer local government electors, the review must
recommend that the parish should not have a council.
(4)
In any other case, it is for the principal council to decide whether or not the
30
parish should have a council.
101
Electoral recommendations: general considerations
(1)
This section applies to the principal council when deciding a recommendation
of a kind listed in the following table.

Recommendation
Made under

35

What electoral arrangements should apply to a new
Section 95(2)

parish council

What changes (if any) should be made to the electoral
Section 96(2)

arrangements which apply to a parish council

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(2)
The principal council must consider the questions in subsection (3) when
deciding whether to recommend that a parish should, or should not, be or
continue to be divided into wards for the purpose of electing councillors.
(3)
Those questions are—
(a)
whether the number, or distribution, of the local government electors
5
for the parish would make a single election of councillors impracticable
or inconvenient;
(b)
whether it is desirable that any area or areas of the parish should be
separately represented on the council.
(4)
If the principal council decides to recommend that a parish should be divided
10
into wards, the principal council must have regard to the factors in subsection
(5) when considering—
(a)
the size and boundaries of the wards, and
(b)
the number of councillors to be elected for each ward.
(5)
Those factors are—
15
(a)
the number of local government electors for the parish;
(b)
any change in the number, or distribution, of the local government
electors which is likely to occur in the period of five years beginning
with the day when the review starts;
(c)
the desirability of fixing boundaries which are, and will remain, easily
20
identifiable;
(d)
any local ties which will be broken by the fixing of any particular
boundaries.
(6)
If the principal council decides to recommend that a parish should not be
divided into wards, the principal council must have regard to the factors in
25
subsection (7) when considering the number of councillors to be elected for the
parish.
(7)
Those factors are—
(a)
the number of local government electors for the parish;
(b)
any change in that number which is likely to occur in the period of five
30
years beginning with the day when the review starts.
Publicising outcome of review
102
Publicising outcome
(1)
This section applies if a community governance review is undertaken.
(2)
As soon as practicable after the review is concluded, the principal council must
35
take such steps as it considers sufficient to secure that persons who may be
interested in the review are informed of the following matters—
(a)
the outcome of the review (including any recommendations made);
(b)
how (if at all) the council intends to give effect to the review.
(3)
The steps taken under subsection (2) must include publication of a notice
40
setting out the matters referred to in subsection (2)(a) and (b).
(4)
The following subsections apply if the council gives effect to the review.
(5)
The council must deposit at its principal office—

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Chapter 3 — Reorganisation
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(a)
a copy of the reorganisation order, and
(b)
a map which shows the effects of the order in greater detail than the
map included in the order.
(6)
The council must make the copy of the order and the map available for public
inspection at all reasonable times.
5
(7)
The council must publicise the following matters—
(a)
how the council has given effect to the review;
(b)
that the order and map are available for public inspection in accordance
with subsection (6).
(8)
As soon as practicable after making a reorganisation order, the principal
10
council must inform all of the following that the order has been made—
(a)
the Secretary of State;
(b)
the Electoral Commission;
(c)
the Office of National Statistics;
(d)
the Director General of the Ordnance Survey;
15
(e)
any other principal council whose area the order relates to.
Miscellaneous
103
Supplementary regulations
(1)
The Secretary of State may by regulations of general application make
incidental, consequential, transitional or supplementary provision for the
20
purposes of, or in consequence of, reorganisation orders.
(2)
Regulations under this section are to have effect subject to any provision made
by a reorganisation order.
104
Orders and regulations under this Chapter
(1)
If a principal council makes a reorganisation order, the council must send—
25
(a)
two copies of the order to the Secretary of State; and
(b)
two copies of the order to the Electoral Commission.
(2)
If the Secretary of State makes regulations under section 103, he must send two
copies of the regulations to the Electoral Commission.
(3)
A reorganisation order may include such incidental, consequential,
30
transitional or supplementary provision as may appear to the principal council
to be necessary or proper for the purposes of, or in consequence of, or for
giving full effect to, the order.
(4)
A reorganisation order, or regulations under section 103, may include any of
the following provision—
35
(a)
provision with respect to the transfer and management or custody of
property (whether real or personal);
(b)
provision with respect to the transfer of functions, property, rights and
liabilities.
(5)
Provision made under subsection (4)(b) may include any of the following—
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Chapter 3 — Reorganisation
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(a)
provision for legal proceedings commenced by or against any body to
be continued by or against a body to whom functions, property, rights
or liabilities are transferred;
(b)
provision for the transfer of staff, compensation for loss of office,
pensions and other staffing matters;
5
(c)
provision for treating any body to whom a transfer is made for some or
all purposes as the same person in law as the body from whom the
transfer is made.
(6)
A reorganisation order, or regulations under section 103, may include
provision for the exclusion or modification of the application of any of the
10
following—
(a)
section 16(3) or 90 of the Local Government Act 1972 (c. 70), or
(b)
rules under section 36 of the Representation of the People Act 1983
(c. 2), whenever made.
(7)
An order under section 98 may include such incidental, consequential,
15
transitional or supplementary provision as may appear to the Electoral
Commission to be necessary or proper for the purposes of, or in consequence
of, or for giving full effect to, the order.
105
Agreements about incidental matters
(1)
Any public bodies affected by a reorganisation of community governance may
20
from time to time make agreements with respect to—
(a)
any property, income, rights, liabilities and expenses (so far as affected
by the order) of the parties to the agreement;
(b)
any financial relations between the parties to the agreement.
(2)
Such an agreement may in particular provide—
25
(a)
for the transfer or retention of any property, rights and liabilities, with
or without conditions, and for the joint use of any property;
(b)
for the making of payments by any party to the agreement in respect
of—
(i)
property, rights and liabilities so transferred or retained;
30
(ii)
such joint use; or
(iii)
the remuneration or compensation payable to any person;
(c)
for any such payment to be made by instalments or otherwise;
(d)
for interest to be charged on any such instalments.
(3)
In default of agreement about any disputed matter, the matter is to be referred
35
to the arbitration of a single arbitrator—
(a)
agreed on by the parties; or
(b)
in default of agreement, appointed by the Secretary of State.
(4)
The arbitrator’s award may make any provision that could be contained in an
agreement under this section.
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(5)
In this section—
“disputed matter” means any matter that—
(a)
could be the subject of provision contained in an agreement
under this section; and