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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes

54

 

(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

village.

(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

common council.”

(6)   

In section 15 (chairman and vice-chairman of parish council or meeting), after

subsection (10) insert—

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

parish.”

(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.”

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes

55

 

(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—

(a)   

“community”;

5

(b)   

“neighbourhood”;

(c)   

“village”.

(3)   

References to a parish having an alternative style, or a particular

alternative style, are references to the parish having that style by virtue

of—

10

(a)   

a relevant order, or

(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

Health Act 2007.”

76      

Appointed councillors

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

members”.

30

(3)   

In section 16 (parish councillors), in subsection (1) after “number of” insert

“elected”.

(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

following matters—

40

(a)   

persons who may be appointed;

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 2 — Power to promote well-being

56

 

(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

elected councillor;

(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

Parliament.”

Chapter 2

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

78      

Community strategies

(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

4A.”

30

(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

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.

 
 

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

57

 

(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.”

Chapter 3

Reorganisation

5

Key terms used

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

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

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

those terms).

80      

Community governance petitions

20

(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—

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.

(4)   

The petition must—

(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

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

otherwise).

 
 

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

58

 

(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

area under review.

(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

must publish the terms.

(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

governance review;

(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

 
 

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

59

 

(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

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—

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

received), but

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).

 
 

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

60

 

(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

previously made under—

35

(a)   

this section,

(b)   

Part 1 of this Act,

(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

 
 

 
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