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Local Government and Public Involvement in Health Bill


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

61

 

(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

87      

Constitution of new parish

(1)   

A community governance review must make recommendations as to what

5

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 unparished area as a parish;

(b)   

by aggregating an unparished area with one or more parishes or parts

of parishes;

10

(c)   

by aggregating parts of parishes;

(d)   

by amalgamating two or more parishes;

(e)   

by separating part of a parish.

(3)   

For the purposes of subsection (2) “unparished area” means an area which—

(a)   

is not a parish, and

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(b)   

is not part of a parish.

(4)   

The following subsections apply if the review recommends that a new parish

should be constituted.

(5)   

The review must also make recommendations as to the name of the new parish.

(6)   

The review must also make recommendations as to whether or not the new

20

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.

88      

Existing parishes under review

(1)   

A community governance review must make the following recommendations

25

in relation to each of the existing parishes under review (if any).

(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;

(b)   

recommendations that the area of the parish should be altered;

30

(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—

(a)   

if the parish does not have a council: recommendations as to whether

35

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—

(a)   

to begin to have an alternative style (if it does not already have one), or

40

 
 

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

62

 

(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.

89      

New council: consequential recommendations

5

(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.

(3)   

These are the relevant provisions for the purposes of this section—

10

(a)   

section 87 (new parishes);

(b)   

section 88 (existing parishes)

90      

Council retained: consequential recommendations

(1)   

This section applies if, under a section 88, a community governance review

makes recommendations that a parish should continue to have a parish

15

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.

91      

Grouping or de-grouping parishes

(1)   

A community governance review may make recommendations as to whether

20

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

to what changes (if any) should be made to the electoral arrangements that

apply to any council affected by the provision.

25

(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).

92      

County, district or London borough: consequential recommendations

(1)   

This section applies if a community governance review makes

30

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

electoral areas of any affected principal council.

(3)   

The Electoral Commission may by order give effect to recommendations made

35

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

under subsection (2).

 
 

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

63

 

(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—

“affected principal council” means any principal council whose area the

5

community governance review relates to (including the council

carrying out the review);

“related” means related to the other recommendations made under this

Chapter.

“relevant principal council”, in relation to recommendations under

10

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.

Duties of council undertaking review

15

93      

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

undertake the review.

20

(3)   

The principal council must consult the following—

(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

25

governance within the area under review—

(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

30

their institutions)—

(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.

35

(6)   

The principal council must take into account any representations received in

connection with the review.

(7)   

As soon as practicable after making any recommendations, the principal

council must—

(a)   

publish the recommendations; and

40

(b)   

take such steps as it considers sufficient to secure that persons who may

be interested in the review are informed of those recommendations.

(8)   

The principal council must conclude the review within the period of 12 months

starting with the day on which the council begins the review.

 
 

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

64

 

94      

Recommendations to create parish councils

(1)   

This section applies where a community governance review is required to

make any of the following recommendations—

(a)   

recommendations under section 87(6) as to whether or not a new parish

should have a parish council;

5

(b)   

recommendations under section 88(4)(a) as to whether or not an

existing parish should have a parish council.

(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

10

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

parish should have a council.

95      

Electoral recommendations: general considerations

(1)   

This section applies to the principal council when deciding a recommendation

15

of a kind listed in the following table.

 

Recommendation

Made under

 
 

What electoral arrangements should apply to a new

Section 89(2)

 
 

parish council

  
 

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

Section 90(2)

 

20

 

arrangements which apply to a parish council

  

(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—

25

(a)   

whether the number, or distribution, of the local government electors

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.

30

(4)   

If the principal council decides to recommend that a parish should be divided

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.

35

(5)   

Those factors are—

(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;

40

(c)   

the desirability of fixing boundaries which are, and will remain, easily

identifiable;

 
 

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

65

 

(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

subsection (7) when considering the number of councillors to be elected for the

5

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

years beginning with the day when the review starts.

10

Publicising outcome of review

96      

Publicising outcome

(1)   

This section applies if a community governance review is undertaken.

(2)   

As soon as practicable after a principal council has decided to what extent it

will give effect to the recommendations made in a community governance

15

review, the council must—

(a)   

publish—

(i)   

that decision, and

(ii)   

the council’s reasons for making that decision; and

(b)   

take such steps as the council considers sufficient to secure that persons

20

who may be interested in the review are informed of that decision and

those reasons.

(3)   

The following subsections apply if the council makes a reorganisation order.

(4)   

As soon as practicable after making the order, the council must deposit at its

principal office—

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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.

(5)   

The council must make the copy of the order and the map available for public

inspection at all reasonable times.

30

(6)   

The council must publicise that the order and map are available for public

inspection in accordance with subsection (5).

(7)   

As soon as practicable after making the order, the principal council must

inform all of the following that the order has been made—

(a)   

the Secretary of State;

35

(b)   

the Electoral Commission;

(c)   

the Office of National Statistics;

(d)   

the Director General of the Ordnance Survey;

(e)   

any other principal council whose area the order relates to.

 
 

 
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