|
| |
| |
(2B) | If the parish has the style of neighbourhood, the council shall be known |
| |
by the name “The Neighbourhood Council” with the addition of the |
| |
name of the neighbourhood. |
| |
(2C) | If the parish has the style of village, the council shall be known by the |
| |
name “The Village Council” with the addition of the name of the |
| 5 |
| |
(2D) | If parishes are grouped under a common parish council— |
| |
(a) | subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that |
| |
council as the subsection would apply in the case of the council |
| |
of an individual parish; but |
| 10 |
(b) | the names of all of the parishes, communities, neighbourhoods |
| |
or villages in the group are to be included in the name of the |
| |
| |
(6) | In section 15 (chairman and vice-chairman of parish council or meeting), after |
| |
| 15 |
“(11) | If the parish has the style of community, the chairman and vice- |
| |
chairman shall (respectively) have the style— |
| |
(a) | “chairman of the community council”; |
| |
(b) | “vice-chairman of the community council”. |
| |
(12) | If the parish has the style of neighbourhood, the chairman and vice- |
| 20 |
chairman shall (respectively) have the style— |
| |
(a) | “chairman of the neighbourhood council”; |
| |
(b) | “vice-chairman of the neighbourhood council”. |
| |
(13) | If the parish has the style of village, the chairman and vice-chairman |
| |
shall (respectively) have the style— |
| 25 |
(a) | “chairman of the village council”; |
| |
(b) | “vice-chairman of the village council”. |
| |
(14) | If parishes which have an alternative style are grouped under a |
| |
common parish council, subsection (11), (12) or (13) (as appropriate) |
| |
applies to the chairman and vice-chairman of that council as the |
| 30 |
subsection would apply in the case of the council of an individual |
| |
| |
(7) | In section 16 (parish councillors), after subsection (5) insert— |
| |
“(6) | If the parish has the style of community, the councillors shall have the |
| |
style of “councillors of the community council”. |
| 35 |
(7) | If the parish has the style of neighbourhood, the councillors shall have |
| |
the style of “councillors of the neighbourhood council”. |
| |
(8) | If the parish has the style of village, the councillors shall have the style |
| |
of “councillors of the village council”. |
| |
(9) | If parishes which have an alternative style are grouped under a |
| 40 |
common parish council, subsection (6), (7) or (8) (as appropriate) |
| |
applies to the councillors of that council as the subsection would apply |
| |
in the case of the council of an individual parish.” |
| |
| |
| |
|
| |
| |
(8) | Before section 18 (and the cross-heading preceding it) insert— |
| |
“17A | Alternative styles: supplementary |
| |
(1) | This section applies for the purposes of sections 9 to 16A. |
| |
(2) | “Alternative style” means one of the following styles— |
| |
| 5 |
| |
| |
(3) | References to a parish having an alternative style, or a particular |
| |
alternative style, are references to the parish having that style by virtue |
| |
| 10 |
| |
(b) | a resolution under section 12A or 12B. |
| |
(4) | The provisions of a relevant order which provide for a parish to have, |
| |
or to cease to have, an alternative style are subject to any resolution |
| |
under section 12A or 12B relating to that parish. |
| 15 |
(5) | A resolution under section 12A or 12B relating to a parish is subject to |
| |
any provisions of a relevant order which provide for a parish to have, |
| |
or to cease to have, an alternative style. |
| |
(6) | A parish shall cease to have an alternative style if the parish begins to |
| |
have the status of a town by virtue of section 245(6). |
| 20 |
(7) | In this section “relevant order” means an order under— |
| |
(a) | section 11 of this Act, or |
| |
(b) | section 86 of the Local Government and Public Involvement in |
| |
| |
| 25 |
(1) | The Local Government Act 1972 (c. 70) is amended as follows. |
| |
(2) | In section 15 (chairman and vice-chairman of parish council)— |
| |
(a) | in subsection (1) after “from among the” insert “elected”; |
| |
(b) | in subsection (6) for “a member” substitute “one of the elected |
| |
| 30 |
(3) | In section 16 (parish councillors), in subsection (1) after “number of” insert |
| |
| |
(4) | After section 16 insert— |
| |
“16A | Appointed councillors |
| |
(1) | A parish council may appoint persons to be councillors of the council. |
| 35 |
(2) | The Secretary of State may by regulations make provision about— |
| |
(a) | the appointment of persons under this section; |
| |
(b) | the holding of office after appointment under this section. |
| |
(3) | The regulations may, in particular, make provision about any of the |
| |
| 40 |
(a) | persons who may be appointed; |
| |
| |
| |
|
| |
| |
(b) | the number of persons who may be appointed; |
| |
(c) | the term of office of persons appointed; |
| |
(d) | the right of persons appointed to participate in decision-making |
| |
by the council (including voting); |
| |
(e) | purposes for which a person appointed is to be treated as an |
| 5 |
| |
(f) | the filling of vacancies. |
| |
(4) | In exercising a function under or by virtue of this section a parish |
| |
council must have regard to any guidance issued by the Secretary of |
| |
State about the exercise of that function. |
| 10 |
(5) | A statutory instrument containing regulations under this section is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
| |
Power to promote well-being |
| 15 |
77 | 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. |
| |
(2) | The provision of that section becomes subsection (1) of section 1. |
| |
(3) | In subsection (1), after paragraph (a)(v) insert— |
| 20 |
“(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 |
| |
meets the conditions prescribed by the Secretary of State by order for |
| |
the purposes of this section.” |
| 25 |
| |
(1) | The Local Government Act 2000 is amended as follows. |
| |
(2) | In section 2 (promotion of well-being), after subsection (3) insert— |
| |
“(3A) | But, in the case of an eligible parish council, that is subject to section |
| |
| 30 |
(3) | After section 4 (strategies for promoting well-being) insert— |
| |
| |
(1) | The duty in section 4 to prepare a community strategy does not apply |
| |
to an eligible parish council. |
| |
(2) | But in exercising the power under section 2(1), an eligible parish |
| 35 |
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 |
| |
council, means any county council, district council or London borough |
| |
council whose area the parish lies within.” |
| |
| |
| 5 |
| |
79 | 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 87 to 92 (if, and so far as, those sections are applicable). |
| 10 |
(2) | In undertaking a community governance review the principal council must |
| |
| |
| |
(b) | the terms of reference of the review. |
| |
(3) | A district council which is to undertake a community governance review must |
| 15 |
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 |
| |
| |
80 | Community governance petitions |
| 20 |
(1) | A community governance petition is a petition for a community governance |
| |
| |
(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— |
| 25 |
(a) | if the petition area has fewer than 500 local government electors, the |
| |
petition must be signed by at least 50% of the electors; |
| |
(b) | if the petition area has between 500 and 2,500 local government |
| |
electors, the petition must be signed by at least 250 of the electors; |
| |
(c) | if the petition area has more than 2,500 local government electors, the |
| 30 |
petition must be signed by at least 10% of the electors. |
| |
| |
(a) | define the area to which the review is to relate (whether on a map or |
| |
| |
(b) | specify one or more recommendations which the petitioners wish a |
| 35 |
community governance review to consider making. |
| |
(5) | If the specified recommendations include the constitution of a new parish, the |
| |
petition must define the area of the new parish (whether on a map or |
| |
| |
| |
| |
|
| |
| |
(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). |
| |
(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 |
| 5 |
recommendations also include the recommendations in section 87(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 |
| |
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 |
| 10 |
constitution of a new parish or alteration of the area of an existing parish). |
| |
81 | 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 |
| 15 |
| |
(3) | Sections 83 and 84 make further provision about the terms of reference of |
| |
community governance reviews. |
| |
(4) | Subject to subsection (2), and sections 83 and 84, it is for a principal council— |
| |
(a) | to decide the terms of reference of any community governance review |
| 20 |
which the council is to undertake; and |
| |
(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 |
| |
| |
(6) | As soon as practicable after modifying terms of reference, the principal council |
| 25 |
must publish the modified terms. |
| |
Undertaking community governance reviews |
| |
82 | Council’s power to undertake review |
| |
A principal council may undertake a community governance review. |
| |
83 | No review being undertaken: duty to respond to petition |
| 30 |
(1) | This section applies if these conditions are met— |
| |
(a) | a principal council is not in the course of undertaking a community |
| |
| |
(b) | the council receives a community governance petition which relates to |
| |
the whole or part of the council’s area. |
| 35 |
(2) | The principal council must undertake a community governance review that |
| |
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 |
| 40 |
| |
| |
|
| |
| |
(b) | in the council’s opinion the petition area covers the whole or a |
| |
significant part of the area to which the previous review related. |
| |
| For further provision about this case, see section 85. |
| |
84 | Review being undertaken: duty to respond to petition |
| |
(1) | This section applies if the following conditions are met— |
| 5 |
(a) | a principal council is in the course of undertaking a community |
| |
governance review of part of the council’s area (“the current review”); |
| |
(b) | the council receives a community governance petition which relates to |
| |
part of the council’s area; |
| |
(c) | the petition area is wholly outside the area under review. |
| 10 |
(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 |
| 15 |
significant part of the area to which the previous review related. |
| |
| For further provision about this case, see section 85. |
| |
(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. |
| 20 |
(5) | The second option is for the principal council to undertake a community |
| |
| |
(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— |
| 25 |
(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 |
| 30 |
(ii) | the terms of reference of the new review, |
| |
| allow for the petition to be considered. |
| |
85 | 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 |
| 35 |
under section 82 (power to undertake review) or 81(4)(b) (power to modify |
| |
terms of review) in response to that petition. |
| |
(2) | The first case is where— |
| |
(a) | section 83 applies (no review being undertaken when petition |
| |
| 40 |
(b) | the duty in section 83(2) does not apply because of section 83(3) (no |
| |
duty to respond to petition because previous review concluded in |
| |
relevant two-year period). |
| |
| |
| |
|
| |
| |
(3) | The second case is where— |
| |
(a) | section 84 applies (review being undertaken when petition received: |
| |
petition area wholly outside area under review), but |
| |
(b) | the duty in section 84(2) does not apply because of section 84(3) (no |
| |
duty to respond to petition because previous review concluded in |
| 5 |
relevant two-year period). |
| |
(4) | The third case is where these conditions are met— |
| |
(a) | a principal council is in the course of undertaking a community |
| |
governance review of part of the council’s area; |
| |
(b) | the council receives a community governance petition which relates to |
| 10 |
part of the council’s area; |
| |
(c) | the petition area is not wholly outside the area under review. |
| |
(5) | The fourth case is where these conditions are met— |
| |
(a) | a principal council is in the course of undertaking a community |
| |
governance review of part of the council’s area; |
| 15 |
(b) | the council receives a community governance petition which relates to |
| |
the whole of the council’s area. |
| |
(6) | The fifth case is where these conditions are met— |
| |
(a) | a principal council is in the course of undertaking a community |
| |
governance review of the whole of the council’s area; |
| 20 |
(b) | the council receives a community governance petition which relates to |
| |
the whole or part of the council’s area. |
| |
Reorganisation of community governance |
| |
86 | Reorganisation of community governance |
| |
(1) | This section applies if a community governance review is undertaken. |
| 25 |
(2) | The principal council may, by order, give effect to the recommendations made |
| |
in the review (except recommendations made to the Electoral Commission in |
| |
accordance with section 92). |
| |
(3) | But such an order may not include provision giving effect to any |
| |
recommendations to change protected electoral arrangements, unless the |
| 30 |
Electoral Commission agrees to that provision. |
| |
(4) | An order under this section must include a map showing in general outline the |
| |
area affected by the order. |
| |
(5) | An order under this section may vary or revoke a provision of an order |
| |
| 35 |
| |
| |
(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— |
| 40 |
(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 |
| |
an order under section 17 of the Local Government Act 1992 or section |
| |
14 of the Local Government and Rating Act 1997, and |
| |
| |
| |
|
