Part 1 Structural and boundary change in England

Chapter 1 Structural and boundary change

Change from two tiers to single tier of local government

1 “Principal authority” and “single tier of local government”

(1) For the purposes of this Chapter, each of the following is a “principal authority”—

(a) a county council in England;

(b) a district council in England.

(2) For the purposes of this Chapter there is “a single tier of local government” for an area if—

(a) there is a county council and no district councils for that area; or

(b) there is a district council and no county council for that area.

(3) For the purposes of subsection (2)(b) there is a county council “for” an area which is a district if there is a county council which has in relation to that area the functions of a county council.

2 Invitations and directions for proposals for single tier of local government

(1) The Secretary of State may invite or direct any principal authority to make one of the following proposals—

(a) a Type A proposal;

(b) a Type B proposal;

(c) a Type C proposal;

(d) a combined proposal.

(2) A Type A proposal is a proposal that there should be a single tier of local government for the area which is the county concerned.

(3) A Type B proposal is a proposal that there should be a single tier of local government for an area which—

(a) is currently a district, or two or more districts, in the county concerned; and

(b) is specified in the proposal.

(4) A Type C proposal is a proposal that there should be a single tier of local government for an area specified in the proposal which currently consists of—

(a) the county concerned or one or more districts in the county concerned; and

(b) one or more relevant adjoining areas.

(5) A combined proposal is a proposal that consists of—

(a) two or more Type B proposals,

(b) two or more Type C proposals, or

(c) one or more Type B proposals and one or more Type C proposals,

but a proposal is not a combined proposal if it includes any Type B or C proposals that are alternatives.

(6) In this section “the county concerned” means—

(a) in relation to a principal authority which is the council for a county, that county;

(b) in relation to a principal authority which is the council for a district, the county in which the district is.

(7) In this section a “relevant adjoining area” means an area which adjoins the county concerned and is currently a county in England, a district in England, or two or more such counties or districts.

(8) An invitation or direction may either—

(a) be such that the authority may choose whether to make a Type A, Type B, Type C or combined proposal; or

(b) specify which one of those kinds of proposal is invited (or, in the case of a direction, required).

(9) Subsection (1) is subject to section 3(1).

3 Invitations, directions and proposals: supplementary

(1) A direction under section 2—

(a) may not be given after 25 January 2008; and

(b) may be given on or before that date only where the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.

(2) A direction under section 2 may specify a date by which a proposal must be made.

(3) An invitation under section 2 may specify a date by which a proposal may be made.

(4) A proposal made by virtue of section 2 may not specify an area as one for which there should be a single tier of local government unless the whole or any part of that area is currently a two-tier area (as defined by section 23(2)).

(5) In responding to an invitation under section 2, or complying with a direction under that section, an authority must have regard to any guidance from the Secretary of State as to—

(a) what a proposal should seek to achieve;

(b) matters that should be taken into account in formulating a proposal.

(6) Where invitations or directions under section 2 are given to more than one authority, any authority that has received an invitation or direction may respond to the invitation, or comply with the direction, either by—

(a) making its own proposal in accordance with the invitation or direction; or

(b) making a proposal, in accordance with the invitation or direction, jointly with any of the other authorities.

(7) An invitation or direction under section 2 may be varied or revoked.

(8) But a direction under section 2 may not be varied after 25 January 2008 if—

(a) the direction as originally given required the making of a Type A or Type B proposal; and

(b) the direction as varied would require or permit the making of a Type C or combined proposal.

4 Request for Boundary Committee for England’s advice

(1) This section applies where the Secretary of State receives a proposal in response to an invitation or direction under section 2.

(2) The Secretary of State may request the Boundary Committee to advise, no later than a date specified in the request, on any matter that—

(a) relates to the proposal; and

(b) is specified in the request.

(3) The Secretary of State may at any time substitute a later date for the date specified in a request under subsection (2) (or for any date previously substituted under this subsection).

5 Boundary Committee’s powers

(1) This section applies where the Boundary Committee receive a request for advice under section 4.

(2) The Boundary Committee may provide the advice requested.

(3) Where they provide that advice, the Boundary Committee may also do any of the following that they think appropriate—

(a) recommend that the Secretary of State implements the proposal without modification;

(b) recommend that he does not implement it;

(c) make an alternative proposal to him.

(4) In subsection (3)(a) “the proposal” means the Type A, Type B, Type C or combined proposal to which the request for advice related.

(5) In subsection (3)(c) “an alternative proposal” means—

(a) a proposal that there should be a single tier of local government for an area that—

(i) is, or includes, the whole or part of the county concerned; and

(ii) is specified in the alternative proposal; or

(b) a proposal consisting of two or more proposals that are within paragraph (a) (and are not alternatives to one another).

(6) In this section “the county concerned” means—

(a) the county that, under section 2(6), is the county concerned in relation to the authority which made the proposal referred to in subsection (4) above; or

(b) where that proposal was made by more than one authority, any county that (under section 2(6)) is the county concerned in relation to any of the authorities which made that proposal.

(7) The area specified in an alternative proposal under this section may not extend into any area that is currently outside all local government areas.

6 Boundary Committee’s procedure

(1) A local authority must if requested by the Boundary Committee to do so provide the Boundary Committee, by such date as the Boundary Committee may specify, with any information that the Boundary Committee may reasonably require in connection with any of their functions under section 5.

(2) In making a recommendation or alternative proposal under section 5 the Boundary Committee must have regard to any guidance from the Secretary of State about the exercise of the Boundary Committee’s functions under that section.

(3) Any recommendation or alternative proposal under section 5 must be made no later than the relevant date.

(4) Before making an alternative proposal under section 5(3)(c) the Boundary Committee must—

(a) publish a draft of the proposal; and

(b) take such steps as they consider sufficient to secure that persons who may be interested are informed of—

(i) the draft proposal; and

(ii) the period within which representations about it may be made to the Boundary Committee.

(5) The Boundary Committee—

(a) must take into account any representations made to them within that period; and

(b) if they make any proposal to the Secretary of State, must inform any person who made such representations—

(i) of the proposal made; and

(ii) that representations about the proposal may be made to the Secretary of State until the end of the relevant period.

(6) In subsection (5)(b) “the relevant period” means four weeks beginning with the relevant date.

(7) In this section and section 7 “the relevant date” means the date specified in the request under section 4(2) (or, if a later date is substituted under section 4(3), the date substituted (or last substituted) under that provision).

7 Implementation of proposals by order

(1) Where the Secretary of State has received a proposal in response to an invitation or direction under section 2, he may—

(a) by order implement the proposal, with or without modification;

(b) if he has received an alternative proposal from the Boundary Committee under section 5, by order implement that alternative proposal with or without modification; or

(c) decide to take no action.

(2) But where the Secretary of State has made a request under section 4 in relation to the proposal received in response to the invitation or direction, he may not make an order or decision under this section before the end of six weeks beginning with the relevant date (as defined by section 6(7)).

(3) The Secretary of State may not in any case make an order under subsection (1)(a) implementing a proposal unless he has consulted the following about the proposal—

(a) every authority affected by the proposal (except the authority or authorities which made it); and

(b) such other persons as he considers appropriate.

(4) For the purposes of this section an authority is “affected by” a proposal if it is a principal authority for an area which is, or any part of which is, in an area that the proposal suggests should have a single tier of local government.

(5) Subsection (3) does not apply if the proposal was made jointly by every authority affected by it, and in that case the Secretary of State may before making an order under subsection (1)(a) (or deciding not to) consult such other persons as he considers appropriate.

(6) In any case where he has received an alternative proposal from the Boundary Committee under section 5, the Secretary of State may request the Boundary Committee to provide him with information or advice on any matter relating to the proposal.

(7) Where they receive such a request the Boundary Committee may provide the information or advice requested.

Boundary change

8 Review by Boundary Committee of local government areas

(1) The Boundary Committee may, either on their own initiative or at the request of the Secretary of State or a local authority, conduct a review of one or more local government areas.

(2) Where they have conducted a review under this section the Boundary Committee may (subject to subsection (4)) recommend to the Secretary of State such boundary change as in consequence of the review seems to them desirable.

(3) For the purposes of this section “boundary change” means any of the following or any combination of the following—

(a) the alteration of a local government area boundary;

(b) the abolition of a local government area;

(c) the constitution of a new local government area.

(4) None of the following may be recommended under this section—

(a) a change consisting of the alteration of the boundary of a single-tier area and consequent abolition of an area that is currently two-tier;

(b) a change consisting of the alteration of the boundary of a two-tier area and consequent abolition of an area that is currently single-tier;

(c) a change consisting of the constitution of a new local government area and consequent abolition of an existing local government area, where the new local government area would include—

(i) the whole or part of any area that is currently single-tier; and

(ii) the whole or part of any area that is currently two-tier;

(d) a change consisting of the alteration of a local government area, or constitution of a new local government area, where the altered or new area would extend into an area that is currently outside all local government areas;

(e) a change whose effect would be that England (excluding the Isles of Scilly, the City of London, the Inner Temple and the Middle Temple) is no longer divided into areas each of which is—

(i) a county divided into districts, or comprising one district; or

(ii) a London borough.

(5) Where the Boundary Committee have conducted a review under this section and consider that no boundary change is desirable, they may recommend to the Secretary of State that no boundary change should be made.

(6) In considering whether (and, if so, what) boundary change is desirable, the Boundary Committee must have regard to—

(a) the need to secure effective and convenient local government; and

(b) the need to reflect the identities and interests of local communities.

(7) In exercising a function under subsection (1), (2), (5) or (6), a local authority or the Boundary Committee must have regard to any guidance from the Secretary of State about the exercise of that function.

(8) A local authority must if requested by the Boundary Committee to do so provide the Boundary Committee, by such date as the Boundary Committee may specify, with any information that the Boundary Committee may reasonably require in connection with any of their functions under this section.

9 Boundary Committee’s review: consultation etc

(1) This section applies where the Boundary Committee conduct a review under section 8.

(2) In conducting the review the Committee must consult—

(a) the council of any local government area to which the review relates; and

(b) such other local authorities, parish councils and other persons as appear to them to have an interest.

(3) Before making any recommendation to the Secretary of State the Boundary Committee must—

(a) publish a draft of the recommendation; and

(b) take such steps as they consider sufficient to secure that persons who may be interested are informed of—

(i) the draft recommendation; and

(ii) the period within which representations about it may be made to the Boundary Committee.

(4) The Boundary Committee—

(a) must take into account any representations made to them within that period; and

(b) if they make any recommendation to the Secretary of State, must inform any person who made such representations—

(i) of the recommendation made; and

(ii) that representations about the recommendation may be made to the Secretary of State until the end of four weeks beginning with the recommendation date.

(5) In this section and section 10 “the recommendation date” means the date the recommendation was sent by the Boundary Committee to the Secretary of State.

10 Implementation of recommendations by order

(1) Where the Boundary Committee make a recommendation to the Secretary of State under section 8(2), the Secretary of State may do any of the following—

(a) by order implement the recommendation, with or without modification;

(b) decide to take no action with respect to the recommendation;

(c) make a request under section 8 for a further review.

(2) Where the Boundary Committee make a recommendation to the Secretary of State under section 8(5) the Secretary of State may—

(a) make a request under section 8 for a further review; or

(b) decide not to make such a request.

(3) The Secretary of State may not do as mentioned in paragraph (a), (b) or (c) of subsection (1) or paragraph (a) or (b) of subsection (2) before the end of six weeks beginning with the recommendation date (as defined by section 9(5)).

(4) Before doing as mentioned in any of those paragraphs the Secretary of State may request the Boundary Committee to provide him with information or advice on any matter relating to the recommendation.

(5) Where they receive such a request the Boundary Committee may provide the information or advice requested.

Implementation of changes

11 Implementation orders: provision that may be included

(1) An order under section 7 or 10 may in particular include provision, for the purpose of implementing a proposal or recommendation or in connection with the implementation of a proposal or recommendation, for or with respect to—

(a) any of the matters mentioned in subsection (3);

(b) any of the matters mentioned in subsection (4) (incidental, consequential etc matters).

(2) In subsection (1) “implementing” includes implementing with modifications and “implementation” is to be read accordingly.

(3) The matters referred to in subsection (1)(a) are—

(a) the constitution of a new local government area;

(b) the abolition of any existing local government area;

(c) the boundary of any local government area;

(d) whether a county or district is to be metropolitan or non-metropolitan;

(e) the establishment, as a county council, district council or London borough council, of an authority for any local government area;

(f) the winding up and dissolution of an existing local authority;

(g) the transfer to a county council of the functions, in relation to an area, of district councils;

(h) the transfer to a district council of the functions, in relation to an area, of a county council.

(4) The matters referred to in subsection (1)(b) are—

(a) the name of any local government area;

(b) the name of any local authority;

(c) the boundary of any parish;

(d) electoral matters within the meaning of section 12;

(e) the establishment or membership of public bodies in any area affected by the order and the election of members of such bodies;

(f) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by the order;

(g) the boundary of any police area in England.

(5) For the purposes of subsection (3)(e)—

(a) the “establishment” of an authority as a council for a county includes an existing district council’s becoming the county council for the county;

(b) the “establishment” of an authority as a council for a district includes an existing county council’s becoming the district council for the district.

(6) The power of the Secretary of State under section 7(1)(a) to implement a proposal with modifications includes power to make provision whose effect is that there will be a single tier of local government for an area (“the area concerned”) that—

(a) includes all or part of an area specified in the proposal as one for which there should be a single tier of local government; but

(b) is not an area that could itself have been so specified.

(7) But subsection (6) does not authorise the area concerned to extend into any area that is currently outside all local government areas.

12 Provision relating to membership etc of authorities

(1) In section 11(4) “electoral matters” means any of the following—

(a) the total number of members of any local authority or parish council (“councillors”);

(b) the number and boundaries of electoral areas for the purposes of the election of councillors;

(c) the number of councillors to be returned by any electoral area;

(d) the name of any electoral area;

(e) the election of councillors for any electoral areas;

(f) the order of retirement of councillors;

(g) the election of a mayor of a local authority;

(h) the election of an executive of a local authority;

(i) the appointment by the Secretary of State of members of an existing local authority to be members of a new local authority for a transitional period;

(j) the appointment for a transitional period of an executive of a new local authority;

(k) the functions of a new local authority, and the discharge of those functions, during a transitional period.

(2) In subsection (1)(i) to (k)—

• “a new local authority” means a local authority established by the order;

• “a transitional period” means a period before the coming into office of members of the authority elected at the first election after the establishment of the authority.

(3) In subsection (2) “established” and “establishment” are to be read in accordance with section 11(5).

(4) An order under section 7 or 10 may provide for an electoral division of a non-metropolitan county to return more than one councillor, and in such a case section 6(2)(a) of the Local Government Act 1972 (c. 70) does not apply.

(5) As soon as practicable after the making of an order under section 7 or 10, the Electoral Commission must consider whether to exercise their power under section 13(3) of the Local Government Act 1992 (c. 19) (power to direct the Boundary Committee to conduct a review of a specified area and recommend whether an electoral change should be made).

(6) An order of the Electoral Commission under section 17 of the Local Government Act 1992 (c. 19) (electoral change) may, in consequence of any other provision of that order, revoke a provision of an order made under section 7 or 10 of this Act.

13 Implementation orders: further provision

(1) The power to make an order under section 7 or 10 includes (as well as power to make any provision authorised by section 11(1)(b)) power to make any other incidental, consequential, transitional or supplementary provision.

(2) Subsection (1) is to be read with section 15.

(3) Any incidental, consequential, transitional or supplementary provision included in an order under section 7 or 10 may relate either to other provisions of the order or to a previous order under section 7 or 10 (and the reference in section 12(2) to “the order” accordingly includes a previous order under section 7 or 10).

(4) The Secretary of State must exercise his powers under section 11(4)(g) in such a way as to ensure that none of the following is divided between two or more police areas—

(a) a county in which there are no district councils;

(b) a district;

(c) a London borough.

14 Regulations for supplementing orders

(1) The Secretary of State may by regulations of general application make incidental, consequential, transitional or supplementary provision—

(a) for the purposes or in consequence of any orders under section 7 or 10; or

(b) for giving full effect to such orders.

(2) Subsection (1) is to be read with section 15.

(3) Regulations under this section have effect subject to any provision included in an order under section 7 or 10.

15 Incidental etc provision in orders or regulations

(1) In sections 13 and 14 references to incidental, consequential, transitional or supplementary provision include, in particular, provision—

(a) for the transfer of functions, property, rights or liabilities from a local authority or police authority for any area to another local authority or police authority whose area consists of or includes the whole or part of that area;

(b) for the transfer of property, rights or liabilities, and of related functions, from an authority which ceases to exist to a residuary body established under section 17;

(c) 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;

(d) for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

(e) 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;

(f) with respect to the management or custody of transferred property (real or personal);

(g) with respect to the functions, areas of jurisdiction and costs and expenses of any public body or of—

(i) any justice of the peace other than a District Judge (Magistrates' Courts);

(ii) any coroner or keeper of the rolls;

(iii) any lord-lieutenant, lieutenant or high sheriff; or

(iv) any other officers (including police officers) within the area of any local authority affected by an order under section 7 or 10;

(h) with respect to the functions of any District Judge (Magistrates' Courts);

(i) with respect to charter trustees;

(j) equivalent to any provision that could be contained in an agreement under section 16 (agreements about incidental matters).

(2) Any order under section 7 or 10 or regulations under section 14 may for any incidental, consequential, transitional or supplementary purpose—

(a) modify, exclude or apply (with or without modifications) any enactment;

(b) repeal or revoke any enactment with or without savings.

(3) In subsection (2)—

• “enactment” includes—

  (a)

  any enactment contained in this Act (other than a provision of this Part) or in an Act passed after this Act;

  (b)

  any instrument made at any time under an enactment (including an enactment contained in this Act or in an Act passed after this Act);

  (c)

  any charter, whenever granted;

• “modify” includes amend.

16 Agreements about incidental matters

(1) Any public bodies affected by an order under section 7 or 10 may 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—

(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;

(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 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.

(5) In subsection (3) “disputed matter” means any matter that—

(a) could be the subject of provision contained in an agreement under this section; and

(b) is the subject of a dispute between two or more public bodies that is not resolved by or under any order or regulations under this Chapter.

(6) In this section “public body” includes a parish council.

17 Residuary bodies

(1) The Secretary of State may by order establish one or more bodies corporate (“residuary bodies”) for the purpose of taking over any property, rights or liabilities, and any related functions, of local authorities which cease to exist by virtue of orders under section 7 or 10.

(2) An order under subsection (1) may—

(a) make provision with respect to the constitution and membership of a residuary body;

(b) make provision with respect to the powers of a residuary body to make levies and to borrow and lend money and the treatment and distribution of capital and other money by such a body;

(c) make provision with respect to the keeping and auditing of accounts of a residuary body;

(d) make provision with respect to directions which may be given by the Secretary of State in relation to the carrying out by a residuary body of any of its functions;

(e) make provision enabling the Secretary of State to require a residuary body to submit to him a scheme for the winding up of the body and the disposal of its property, rights and liabilities and related functions.

(3) The Secretary of State may by order provide—

(a) for the transfer to any other body or bodies (including any body or bodies corporate established under the order for the purpose) of any property, rights or liabilities, and any related functions, of a residuary body; and

(b) for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (2)(e) and for the dissolution of a residuary body.

(4) An order under this section may include incidental, consequential, transitional or supplementary provision, including in particular provision of a kind mentioned in paragraphs (c) to (f) of section 15(1).

(5) Section 15(2) and (3) (power to apply etc enactments) apply to an order under this section as to an order under section 7.

18 Staff commissions

(1) The Secretary of State may by order establish one or more staff commissions for the purpose of—

(a) considering and keeping under review the arrangements for the recruitment of staff by relevant authorities affected by orders under this Chapter and for the transfer in consequence of any such order of staff employed by such authorities;

(b) considering such staffing problems arising in consequence of such an order, and such other matters relating to staff employed by any such authority, as may be referred to the staff commission by the Secretary of State; and

(c) advising the Secretary of State on the steps necessary to safeguard the interests of such staff.

(2) Such a commission may be established for the whole or any part of England.

(3) The Secretary of State may give directions to a staff commission with respect to their procedure.

(4) The Secretary of State may give directions to any relevant authority affected by an order under this Chapter with respect to—

(a) the provision of any information requested and the implementation of any advice given by a staff commission;

(b) the payment by such an authority of any expenses incurred by a staff commission in doing anything requested by the authority.

(5) Any expenses incurred by a staff commission under this section and not recovered from a relevant authority shall be paid by the Secretary of State out of money provided by Parliament.

(6) The Secretary of State may by order provide for the winding up of any staff commission established under this section.

(7) A direction under this section may be varied or revoked by a subsequent direction.

(8) In this section “relevant authority” means—

(a) a local authority; or

(b) a residuary body established under section 17.

19 Certain county councils to be billing authorities

(1) Where an order under this Chapter transfers the functions of district councils in relation to any area to a council for a county consisting of that area, the county council—

(a) shall, for any financial year beginning at the same time as or after that transfer, be a billing authority for the purposes of Part 1 of the Local Government Finance Act 1992 (c. 14) in relation to the area;

(b) shall not, for any such year, be a major precepting authority for those purposes.

(2) This section does not limit any power to make provision by order under this Chapter or any power to make incidental, consequential, transitional or supplementary provision in connection with the provisions of any such order.

(3) In this section “financial year” means 12 months beginning with 1 April.

Supplementary

20 Correction of orders

(1) Where—

(a) an order under any provision of this Chapter has been made by the Secretary of State, and

(b) the Secretary of State is satisfied that there is a mistake in the order which cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the Interpretation Act 1978 (c. 30) (power to amend),

the Secretary of State may rectify the mistake by order under this section.

(2) For the purposes of this section, a “mistake” in an order includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.

(3) In subsection (2) “public body” includes a parish council.

21 Pre-commencement invitations etc

(1) In this section a “pre-commencement invitation” means an invitation given by the Secretary of State before the commencement of this Chapter which, after that commencement, could have been given under the power in section 2.

(2) If before the commencement of this Chapter—

(a) a pre-commencement invitation was given,

(b) guidance as to what a proposal should seek to achieve, or as to matters that should be taken into account in formulating a proposal, was given by the Secretary of State in connection with such an invitation,

(c) a proposal was made in response to such an invitation, or

(d) consultation was carried out by the Secretary of State in relation to such a proposal,

it is immaterial that the invitation or guidance was given, the proposal made, or the consultation carried out, before rather than after the commencement of this Chapter.

(3) Accordingly (and without prejudice to the generality of subsection (2))—

(a) any reference in this Chapter to an invitation under section 2 includes a pre-commencement invitation;

(b) any reference in this Chapter to a proposal made by virtue of section 2 includes a proposal (whenever made) made in response to a pre-commencement invitation;

(c) any reference in this Chapter to the Secretary of State’s receiving a proposal in response to an invitation under section 2 includes his receiving before the commencement of this Chapter a proposal made in response to a pre-commencement invitation.

22 Consequential amendments

Schedule 1 (amendments consequential on this Chapter) has effect.

23 Definitions for purposes of Chapter 1

(1) In this Chapter—

• “the Boundary Committee” means the Boundary Committee for England;

• “local authority” means a county council in England, a district council in England or a London borough council;

• “local government area” means a county in England, a district in England or a London borough;

• “principal authority” has the meaning given by section 1;

• “public body” includes—

  (a)

  a local authority;

  (b)

  a police authority;

  (c)

  a residuary body established under section 17;

  (d)

  a joint board, or joint committee, on which a local authority is represented;

  (e)

  a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41);

• “single-tier” has the meaning given by subsection (2);

• “staff” includes officers and employees;

• “two-tier” has the meaning given by subsection (2);

• “Type A”, “Type B”, “Type C” and “combined”, in relation to a proposal, have the meanings given by section 2.

(2) For the purposes of this Chapter an area is—

(a) “single-tier” if there is a single tier of local government for it (within the meaning of section 1) or it is a London borough; and

(b) “two-tier” if it is—

(i) a district for which there is a district council and in relation to which a county council has the functions of a county council; or

(ii) a county for which there is a county council and in which there are districts all of which have district councils.

(3) Any reference in this Chapter to a proposal “in response to” an invitation or direction under section 2 is to a Type A, Type B, Type C or combined proposal which—

(a) is in response to such an invitation or direction; and

(b) is in accordance with the invitation or direction and section 3(4).

(4) Any reference in this Chapter, however framed, to a body affected by an order includes a body—

(a) whose area or functions are affected by the order;

(b) which is to cease to exist in pursuance of the order; or

(c) which is established by or in consequence of the order.

Chapter 2 Control of disposals etc

24 Authorities dissolved by orders: control of disposals, contracts and reserves

(1) The Secretary of State may direct that, with effect from a date specified in the direction, a relevant authority may not without the written consent of a person or persons so specified—

(a) dispose of any land if the consideration for the disposal exceeds £100,000;

(b) enter into any capital contract—

(i) under which the consideration payable by the relevant authority exceeds £1,000,000; or

(ii) which includes a term allowing the consideration payable by the relevant authority to be varied;

(c) enter into any non-capital contract under which the consideration payable by the relevant authority exceeds £100,000, where—

(i) the period of the contract extends beyond a date specified in the direction; or

(ii) under the terms of the contract, that period may be extended beyond that date; or

(d) include an amount of financial reserves in a calculation under section 32(3) or 43(3) of the Local Government Finance Act 1992 (c. 14).

(2) In this Chapter “relevant authority” means a local authority—

(a) which by virtue of an order under section 7 or 10 is to be dissolved; and

(b) which is specified, or of a description specified, in the direction.

(3) In this section—

• “capital contract” means a contract as regards which the consideration payable by the relevant authority would be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (c. 26) (capital finance);

• “non-capital contract” means a contract which is not a capital contract.

(4) A person specified in the direction as a person whose consent is required may be the Secretary of State or such authority or other person as he thinks appropriate; and the direction may specify different persons—

(a) in relation to different matters for which consent is required;

(b) in relation to different relevant authorities or descriptions of relevant authority.

25 Directions: further provision about reserves

(1) A direction under section 24—

(a) may provide that the consent of the person or persons specified in the direction is not required for the inclusion, in a calculation under section 32(3) or 43(3) of the Local Government Finance Act 1992, of financial reserves of a description specified in the direction;

(b) may, in relation to any authority or description of authority, provide that that consent is not required for the inclusion in such a calculation of an amount of financial reserves not exceeding an amount specified in or determined under the direction.

(2) If a direction contains provision by virtue of subsection (1), the reference in section 24(1)(d) to an amount of financial reserves is to be read as a reference to an amount of financial reserves other than an amount permitted by the direction.

26 Directions: supplementary

(1) In this section “direction” means a direction under section 24.

(2) A consent for the purposes of a direction may be given—

(a) in respect of a particular disposal or contract, or in respect of disposals or contracts of any description;

(b) unconditionally or subject to conditions.

(3) The following enactments have effect subject to any direction—

(a) section 123 of the Local Government Act 1972 (c. 70) (power to dispose of land);

(b) any other enactment relating to the disposal of land by local authorities.

(4) The consent required by a direction is in addition to any consent required by the enactments mentioned in subsection (3)(a) and (b).

(5) Where the consideration or any of the consideration under a contract is not in money, the limits specified in a direction by virtue of section 24(1)(a) to (c) apply to the value of the consideration.

(6) Where—

(a) a question arises in relation to a direction as to the value of any consideration, and

(b) the relevant authority concerned and the person or persons specified under section 24(1) fail to reach agreement,

the value is to be determined by the Secretary of State.

(7) A direction may be varied or revoked by a subsequent direction.

27 Consideration to be taken into account for purposes of direction

(1) In determining whether the limit specified in a direction by virtue of section 24(1)(a) is exceeded in the case of a disposal of land by a relevant authority, the consideration with respect to any other disposal of land made after 31 December 2006 by the relevant authority is to be taken into account.

(2) In determining whether a limit specified in a direction by virtue of section 24(1)(b) or (c) is exceeded in the case of a contract entered into by a relevant authority (“the contract in question”), the consideration payable by the relevant authority under any other relevant contract shall be taken into account.

(3) For the purposes of subsection (2) a “relevant contract” means a contract which is either or both—

(a) a contract entered into after 31 December 2006 by the relevant authority and the person with whom the contract in question is entered into;

(b) a contract entered into after that date by the relevant authority which relates to the same or a similar description of matter as that to which the contract in question relates.

28 Contraventions of direction

(1) A disposal made in contravention of a direction under section 24 is void.

(2) A contract entered into by an authority (“the old authority”) in contravention of a direction under section 24 is not enforceable against a successor.

(3) In subsection (2) a “successor” means a local authority (other than the old authority)—

(a) which is established by an order under section 7 or 10; and

(b) whose area consists of or includes the whole or part of the area of the old authority.

(4) A contract which apart from this subsection would be a certified contract for the purposes of the Local Government (Contracts) Act 1997 (c. 65) is not a certified contract for those purposes if it is entered into in contravention of a direction under section 24.

(5) If an authority includes financial reserves in a calculation under section 32(3) of the Local Government Finance Act 1992 (c. 14) in contravention of a direction under section 24, the authority is to be treated for the purposes of section 30(8) of that Act as not having made the calculations required by Chapter 3 of Part 1 of that Act.

(6) If an authority includes financial reserves in a calculation under section 43(3) of that Act in contravention of a direction under section 24, the authority is to be treated for the purposes of section 40(7) of that Act as not having made the calculations required by Chapter 4 of Part 1 of that Act.

29 Power to amend

(1) The Secretary of State may by order—

(a) substitute another sum for any sum for the time being specified in section 24(1);

(b) substitute another date for the date for the time being specified in section 27(1) and (3).

(2) An order under this section may include transitional or saving provision.

30 Definitions for purposes of Chapter 2

(1) In this Chapter—

• “local authority” means a county council in England, a district council in England or a London borough council;

• “relevant authority” has the meaning given by section 24(2).

(2) References in this Chapter to disposing of land include references to—

(a) granting or disposing of any interest in land;

(b) entering into a contract to dispose of land or grant or dispose of any such interest;

(c) granting an option to acquire any land or any such interest.

Part 2 Electoral arrangements

Chapter 1 Power of district councils in England to change electoral scheme

Introductory

31 Schemes for elections

For the purposes of this Chapter—

(a) a council is “subject to a scheme for whole-council elections” if all of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(b) a council is “subject to a scheme for elections by halves” if one-half (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(c) a council is “subject to a scheme for elections by thirds” if one-third (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors.

Power of district councils to change to whole-council elections

32 Resolution for whole-council elections

(1) A district council in England that is subject to a scheme for elections by halves or by thirds may resolve that it is to be subject instead to the scheme for whole-council elections under section 34.

(2) A resolution under this section is referred to in this Chapter as a “resolution for whole-council elections”.

33 Resolution for whole-council elections: requirements

(1) A council must comply with this section in passing a resolution for whole-council elections.

(2) The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3) The resolution must be passed—

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b) by a majority of at least two thirds of the members voting on it.

(4) The council must pass the resolution in a permitted resolution period.

(5) In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

(6) In this section “permitted resolution period” means—

(a) in relation to a metropolitan district council—

(i) the period ending with 31 December 2009, or

(ii) the period in 2013, or in any fourth year afterwards, that starts with the day after that council’s annual meeting and ends with 31 December;

(b) in relation to a non-metropolitan district council—

(i) the period ending with 31 December 2010, or

(ii) the period in 2014, or in any fourth year afterwards, that starts with the day after that council’s annual meeting and ends with 31 December.

(7) The Secretary of State may by order provide that a permitted resolution period is to end later than the day determined in accordance with subsection (6).

34 Scheme for whole-council elections

(1) On passing a resolution for whole-council elections, a council becomes subject to the following electoral scheme.

(2) Ordinary elections of the councillors of the council are to be held in—

(a) the election year which follows the end of the resolution period, and

(b) every election year afterwards.

(3) All councillors are to be elected in each year in which ordinary elections are held.

(4) On the fourth day after ordinary elections are held—

(a) the councillors elected in those elections are to come into office, and

(b) the sitting councillors are to retire.

(5) In this section—

• “election year” means—

  (a)

  in relation to a metropolitan district council: 2010 and every fourth year afterwards;

  (b)

  in relation to a non-metropolitan district council: 2011 and every fourth year afterwards;

• “resolution period” means the permitted resolution period in which the council passes a resolution for whole-council elections.

(6) If the council passes a resolution for whole-council elections in a permitted resolution period which has been extended by an order under section 33(7), subsection (2)(a) has effect as if it referred to the election year in which that period ends.

35 Publicity

(1) A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.

(2) The council must produce an explanatory document.

(3) The council must make the explanatory document—

(a) available for public inspection at the council’s principal office at all reasonable times, and

(b) available to the public by such other means as the council thinks appropriate.

(4) The council must publicise these matters—

(a) that the council has become subject to the scheme for whole-council elections under section 34;

(b) when elections will first take place in accordance with the scheme;

(c) how the explanatory document is available in accordance with subsection (3);

(d) the address of the council’s principal office.

(5) It is for the council to decide how those matters are to be publicised.

(6) An explanatory document is a document which sets out details of the new electoral scheme as it applies to the council.

36 Notice to Electoral Commission

(1) A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.

(2) The council must give the Electoral Commission notice that it has passed the resolution.

Power of district councils to revert to partial-council elections

37 Resolution for elections by halves

(1) A non-metropolitan district council in England that—

(a) was formerly subject to a scheme for elections by halves, but

(b) is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by halves.

(2) For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by halves if it was subject to such a scheme at any time in the period beginning with—

(a) 1 April 1974, or

(b) if later, the date on which the council was created.

(3) A resolution under this section is referred to in this Chapter as a “resolution for elections by halves”.

38 Resolution for elections by halves: requirements

(1) A council must comply with this section in passing a resolution for elections by halves.

(2) The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3) The resolution must be passed—

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b) by a majority of at least two thirds of the members voting on it.

(4) The council must pass the resolution in a permitted resolution period.

(5) In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

(6) In this section “permitted resolution period” means the period in 2008, or in any fourth year afterwards, that starts with the day after that council’s annual meeting and ends with 31 December.

(7) The Secretary of State may by order provide that a permitted resolution period is to end later than the day determined in accordance with subsection (6).

39 Resolution for elections by thirds

(1) A district council in England that—

(a) was formerly subject to a scheme for elections by thirds, but

(b) is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by thirds.

(2) For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by thirds if it was subject to such a scheme at any time in the period beginning with—

(a) 1 April 1974, or

(b) if later, the date on which the council was created.

(3) A resolution under this section is referred to in this Chapter as a “resolution for elections by thirds”.

40 Resolution for elections by thirds: requirements

(1) A council must comply with this section in passing a resolution for elections by thirds.

(2) The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3) The resolution must be passed—

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b) by a majority of at least two thirds of the members voting on it.

(4) The council must pass the resolution in a permitted resolution period.

(5) In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

(6) In this section “permitted resolution period” means—

(a) in relation to a metropolitan district council: the period in 2011, or in any fourth year afterwards, that starts with the day after that council’s annual meeting and ends with 31 December;

(b) in relation to a non-metropolitan district council: the period in 2008, or in any fourth year afterwards, that starts with the day after that council’s annual meeting and ends with 31 December.

(7) The Secretary of State may by order provide that a permitted resolution period is to end later than the day determined in accordance with subsection (6).

41 Publicity for resolution

(1) A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

(2) The council must produce an explanatory document.

(3) The council must make the explanatory document—

(a) available for public inspection at the council’s principal office at all reasonable times, and

(b) available to the public by such other means as the council thinks appropriate.

(4) The council must publicise these matters—

(a) that the council has resolved to become subject to the new electoral scheme;

(b) that the Electoral Commission is to make provision by order about the operation of, and transition to, the new electoral scheme;

(c) how the explanatory document is available in accordance with subsection (3);

(d) the address of the council’s principal office.

(5) It is for the council to decide how these matters are to be publicised.

(6) An explanatory document is a document which sets out details of the new electoral scheme (so far as the details are known at the time the document is prepared).

42 Notice to Electoral Commission

(1) A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

(2) The council must give the Electoral Commission notice that it has passed the resolution.

43 Electoral Commission to consider whether electoral review is necessary

(1) This section applies if the Electoral Commission receive notice under section 42 that a council has passed a resolution for elections by halves or a resolution for elections by thirds.

(2) As soon as practicable after receiving the notice, the Commission must consider whether to exercise their power under section 13(3) of the Local Government Act 1992 (c. 19) to direct the Boundary Committee to conduct a review of the district in question (or any part of it).

(3) As soon as practicable after deciding whether or not to direct the Boundary Committee to conduct an electoral review, the Commission must give the council notice of the decision.

44 Electoral Commission to make order for new electoral scheme

(1) Where the Electoral Commission receive notice under section 42 that a council has passed a resolution, they must—

(a) in the case of a resolution for elections by halves, make an order for elections by halves in relation to the council (see sections 45 and 46);

(b) in the case of a resolution for elections by thirds, make an order for elections by thirds in relation to the council (see sections 47 and 48).

(2) But the Commission must not make the order—

(a) before they have decided whether or not to give the Boundary Committee a direction to conduct an electoral review (see section 43(2)), or

(b) if they give such a direction, before the Boundary Committee have concluded the review.

45 Order for elections by halves: years in which elections are to be held

(1) An order for elections by halves in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.

(2) Ordinary elections of the councillors of the council are to be held in—

(a) the first relevant year after the year in which the Electoral Commission make the order, and

(b) each subsequent year for elections by halves.

(3) In this section—

• “relevant year” means 2011 and every fourth year afterwards;

• “year for elections by halves” means 2012 and every second year afterwards.

46 Orders for elections by halves: councillors to be elected at ordinary elections

(1) An order for elections by halves in relation to a council must make provision for the election and retirement of councillors in accordance with this section.

(2) In the case of the ordinary elections held in the year determined in accordance with section 45(2)(a)—

(a) all of the councillors are to be elected;

(b) on the fourth day after the elections are held—

(i) the councillors elected in those elections are to come into office, and

(ii) all of the sitting councillors are to retire.

(3) In the case of ordinary elections held subsequently—

(a) one half (or as nearly as may be) of the councillors are to be elected;

(b) on the fourth day after the elections are held—

(i) the councillors elected in those elections are to come into office, and

(ii) the specified sitting councillors are to retire.

(4) The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—

(a) the wards affected;

(b) the councillors affected within particular wards.

(5) In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.

47 Order for elections by thirds: years in which elections are to be held

(1) An order for elections by thirds in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.

(2) Ordinary elections of the councillors of the council are to be held in—

(a) the first relevant year after the year in which the Electoral Commission make the order, and

(b) each subsequent year, unless it is a fallow year.

(3) In this section—

• “fallow year” means 2013 and every fourth year afterwards;

• “relevant year” means—

  (a)

  in relation to a metropolitan district council: 2014 and every fourth year afterwards;

  (b)

  in relation to a non-metropolitan district council: 2011 and every fourth year afterwards.

48 Order for elections by thirds: councillors to be elected at ordinary elections

(1) An order for elections by thirds in relation to a council must make provision for the election and retirement of councillors in accordance with this section.

(2) In the case of the ordinary elections held in the year determined in accordance with section 47(2)(a)—

(a) all of the councillors are to be elected;

(b) on the fourth day after the elections are held—

(i) the councillors elected in those elections are to come into office, and

(ii) all of the sitting councillors are to retire.

(3) In the case of ordinary elections held subsequently—

(a) one third (or as nearly as may be) of the councillors are to be elected;

(b) on the fourth day after the elections are held—

(i) the councillors elected in those elections are to come into office, and

(ii) the specified sitting councillors are to retire.

(4) The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—

(a) the wards affected;

(b) the councillors affected within particular wards.

(5) In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.

49 Order for elections by halves or elections by thirds: transitional provision

(1) An order under section 44 (order for elections by halves or for elections by thirds) may include provision about the transition to the council’s new electoral scheme.

(2) Provision made by virtue of this section may, in particular, include provision for the retirement of some councillors after their initial election at times different from those otherwise applying, and for identifying which of them are so to retire.

50 Power of Electoral Commission to make incidental etc provision

The Commission may by order make incidental, consequential, transitional or supplemental provision in connection with provision made by order under section 44 (order for elections by halves or for elections by thirds).

51 Position if Electoral Commission act under existing powers

In a case in which—

(a) the Commission give the Boundary Committee a direction to conduct an electoral review (see section 43(2)), and

(b) in response to that request the Boundary Committee make recommendations to the Commission for electoral changes,

nothing in this Chapter requires the Commission to make any provision in relation to matters dealt with, or to be dealt with, by the Commission in an order under section 17 of the Local Government Act 1992 (c. 19) giving effect to those recommendations.

52 Publicity for order by Electoral Commission

(1) A council must comply with this section as soon as practicable after the Electoral Commission have made an order under section 44 (order for elections by halves or for elections by thirds) in relation to it.

(2) The council must produce an explanatory document.

(3) The council must make the explanatory document—

(a) available for public inspection at the council’s principal office at all reasonable times, and

(b) available to the public by such other means as the council thinks appropriate.

(4) The council must publicise these matters—

(a) that the council has become subject to the new electoral scheme;

(b) how the explanatory document is available in accordance with subsection (3);

(c) the address of the council’s principal office.

(5) It is for the council to decide how these matters are to be publicised.

(6) An explanatory document is a document which sets out details of the new electoral scheme.

Power of district councils to alter years of ordinary elections of parish councillors

53 Power of council to alter years of ordinary elections of parish councillors

(1) This section applies if a council passes a resolution under this Chapter.

(2) The council may by order make provision that changes the years in which the ordinary elections of parish councillors for any parish situated in the council’s area are to be held.

(3) The power may only be exercised so as to secure that those elections are to be held in years in which ordinary elections of district councillors for a ward in which any part of the parish is situated are to be held.

(4) The order may include transitional provision—

(a) for the retirement of existing parish councillors at times different from those otherwise applying;

(b) for the retirement of some parish councillors after their initial election after the order comes into force at times different from those otherwise applying.

Amendment of existing provisions about schemes for ordinary elections

54 Amendment of existing provisions about schemes for ordinary elections

(1) In section 7 of the Local Government Act 1972 (c. 70) (elections of councillors) omit subsections (4) to (6).

(2) In section 8 of the Local Government Act 1972 (constitution and membership of London borough councils), omit subsections (2) and (3).

(3) In section 86 of the Local Government Act 2000 (c. 22) (power to specify scheme for elections)—

(a) before subsection (1) insert—

“(A1) The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council in England is the scheme under the first option set out in section 85.”;

(b) in subsection (1) after “specified council” insert “in Wales”.

(4) If—

(a) a local authority makes a request under section 7(4) of the Local Government Act 1972, and

(b) immediately before subsection (1) above comes into force in relation to that authority, the request has not yet been dealt with,

the repeal of section 7(4) to (6) of the 1972 Act does not apply to the request unless, and until, it is dealt with.

(5) For the purposes of subsection (4) a request under section 7(4) of the 1972 Act is “dealt with” in either of these cases—

(a) if the Secretary of State notifies the local authority that he has decided not to make an order under section 7(6) of the 1972 Act in response to the request;

(b) if the Secretary of State makes an order under section 7(6) in response to the request.

(6) The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section 86(1) of the Local Government Act 2000 (so far as it relates to England) does not affect any order made under that provision before its repeal.

Chapter 2 Miscellaneous

Requests for single-member electoral areas in England

55 Requests for single-member electoral areas

In the Local Government Act 1992 (c. 19), after section 14 insert—

“14A Requests for single-member electoral areas

(1) A principal council which falls within subsection (3) may request the Electoral Commission—

(a) to give the Boundary Committee for England a direction under section 13(3) relating to the council’s area, and

(b) to direct that Committee (under section 13(6)) that their recommendations under section 13(3) must contain recommendations as to single-member electoral areas.

(2) In subsection (1) “recommendations as to single-member electoral areas” means a recommendation, as respects each electoral area in the council’s area, as to whether the electoral area should return one councillor.

(3) A principal council falls within this subsection if—

(a) it is not the case that each of the electoral areas in the council’s area returns one councillor, and

(b) the council is subject to a scheme for whole-council elections.

(4) A council is “subject to a scheme for whole-council elections” if, in each year in which ordinary elections of councillors of the council are to be held, all the councillors are to be elected.

(5) If the Electoral Commission grant a request under this section—

(a) they must notify the Boundary Committee for England of the request when they give the directions requested, and

(b) subject to subsection (6), where the Boundary Committee for England make recommendations under section 13(3) in response to those directions they must recommend that each electoral area in the council’s area should return one councillor.

(6) Subsection (5)(b) does not require the Boundary Committee for England to make any recommendation that they consider would be inappropriate having regard to the matters which they are required by section 13(5)(a) to (c) to have regard to.

(7) If the Electoral Commission decide not to grant a request under this section they must notify the council that made the request of—

(a) their decision, and

(b) the reasons for it.

14B Provision supplementary to section 14A

(1) Nothing in section 14A prevents the Electoral Commission—

(a) from making a direction under section 13 where there has been no request under section 14A, or

(b) if they grant a request under section 14A, from making directions under section 13(6) in addition to the one requested.

(2) Nothing in section 14A prevents the Boundary Committee for England, when making a recommendation as to whether electoral areas should return one councillor, from making other recommendations under section 13(3).

(3) In section 14A(2) and (5) references to electoral areas are, in relation to a case where the Boundary Committee for England make recommendations for change to the number or boundaries of electoral areas in the council’s area, to the recommended electoral areas.”

Electoral Commission and Boundary Committee: reviews and recommendations

56 Electoral Commission and Boundary Committee: reviews and recommendations

(1) Section 13 of the Local Government Act 1992 (c. 19) (reviews and recommendations of Electoral Commission and Boundary Committee) is amended as follows.

(2) For subsection (5)(d) substitute—

“(d) in the case of a district council that is subject to a scheme for elections by halves or by thirds, or that has resolved to revert to being subject to such a scheme under Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007, the desirability of securing that each ward in the district returns an appropriate number of councillors.”

(3) After subsection (5) insert—

“(5A) For the purposes of this section—

(a) a council is “subject to a scheme for elections by halves” if one half (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(b) a council is “subject to a scheme for elections by thirds” if one third (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(c) the number of councillors returned by a ward is “appropriate”—

(i) in the case of a scheme for elections by halves, if it is divisible by 2, and

(ii) in the case of a scheme for elections by thirds, if it is divisible by 3.”

57 Procedure in connection with reviews

(1) The Local Government Act 1992 (c. 19) is amended as follows.

(2) In section 13 (electoral reviews and recommendations), after subsection (7) insert—

“(8) A local authority must, if requested by the Boundary Committee for England to do so, provide that Committee, by such date as that Committee may specify, with any information that that Committee may reasonably require in connection with any of their functions under this section.”

(3) In section 15 (procedure on a review)—

(a) in subsection (1)—

(i) at the end of paragraph (a) insert “and”;

(ii) omit paragraph (c) and the word “and” immediately preceding it;

(b) omit subsection (2);

(c) in subsection (3)—

(i) omit paragraph (a);

(ii) in paragraph (b) after “prepare” insert “and publish”;

(iii) at the end of paragraph (b) insert “and”;

(iv) omit paragraph (c);

(d) for subsections (4) and (5) substitute—

“(4) In conducting a review, the Boundary Committee for England may at any time before publishing draft recommendations consult such persons as they consider appropriate.

(5) As soon as the Boundary Committee for England are in a position to submit recommendations to the Electoral Commission they must—

(a) submit them; and

(b) publish the recommendations and take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them.”;

(e) in subsection (6)—

(i) for “the report on a review is” substitute “recommendations are”;

(ii) for “(4) above” substitute “(5) above”;

(iii) in paragraph (a), omit the words “a further report under subsection (4) containing”;

(iv) in paragraph (b), for “report relates” substitute “recommendations relate”;

(f) after subsection (6) insert—

“(6A) Where the Boundary Committee for England submit recommendations under subsection (6)(a), they must publish the recommendations and take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them.”;

(g) omit subsection (8).

(4) Omit section 15A.

(5) In section 17(2) (implementation of recommendations by order), omit the words “or the submission of a report”.

Electoral areas in England

58 Metropolitan districts: councillors per ward

(1) Section 6 of the Local Government Act 1972 (c. 70) (term of office and retirement of councillors) is amended as follows.

(2) For subsection (2)(b) substitute—

“(b) every metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;”.

(3) For subsection (3) substitute—

“(3) The number of councillors referred to in subsection (2)(b) or (c) above may be provided—

(a) under or by virtue of the provisions of section 7 below;

(b) by an order under Part 2 of the Local Government Act 1992 (c. 19);

(c) by an order under section 14 of the Local Government and Rating Act 1997 (c. 29);

(d) by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007.”

59 Change of name of electoral area

(1) A local authority may, by resolution, change the name of any of the authority’s electoral areas.

(2) A local authority must comply with subsections (3) to (5) in passing a resolution to change the name of an electoral area.

(3) The local authority must not pass the resolution unless it has taken reasonable steps to consult such persons as it considers appropriate on the proposed name.

(4) The resolution must be passed—

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b) by a majority of at least two thirds of the members voting on it.

(5) If the name of the electoral area is protected, the resolution may not be passed unless the Electoral Commission has first agreed to the proposed change.

(6) As soon as practicable after a resolution is passed, the local authority must give notice of the change of name to all of the following—

(a) the Electoral Commission;

(b) the Boundary Commission for England;

(c) the Office of National Statistics;

(d) the Director General of the Ordnance Survey;

(e) if the local authority is a county council, the district council (if any) within whose area the electoral area lies;

(f) if the local authority is a district council, the county council (if any) within whose area the electoral area lies.

(7) The change of name does not take effect until the Electoral Commission have been given notice of the change.

(8) For the purposes of this section the name of an electoral area is “protected” if—

(a) the name was given to the electoral area by or in pursuance of an order under section 17 of the Local Government Act 1992 (c. 19) or section 14 of the Local Government and Rating Act 1997 (c. 29), and

(b) that order was made during the period of five years ending with the day on which a resolution to change the name is to be passed.

(9) In subsection (4) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

(10) In this section—

• “electoral area”, in relation to a local authority, means any area for which councillors are elected to the authority;

• “local authority” means—

  (a)

  a county council in England;

  (b)

  a district council in England; or

  (c)

  a London borough council.

Election dates

60 Power to change date of local elections to date of European Parliamentary general election

(1) In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days of local elections in England and Wales), after subsection (2) insert—

“(2A) Subsection (1) is subject to any order under—

(a) section 37A (local government areas in England), or

(b) section 37B (local government areas in Wales).”

(2) After that section insert—

“37A Power to change date of local elections to date of European Parliamentary general election: England

(1) The Secretary of State may by order provide that in a year in which a European Parliamentary general election is to be held—

(a) the ordinary day of election of councillors for counties in England, districts and London boroughs,

(b) the ordinary day of election of councillors for parishes, and

(c) as respects Authority elections, the day on which the poll is to be held at an ordinary election,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

(2) An order under subsection (1) may make provision under all of paragraphs (a) to (c) or under one or more of those paragraphs.

(3) An order under subsection (1) must relate to a single year and must be made at least six months before—

(a) the local election day in that year, or

(b) if earlier, the date of the poll at the European Parliamentary general election in that year.

(4) For this purpose “the local election day” in a particular year is—

(a) the first Thursday in May, or

(b) if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.

(5) Before making an order under this section, the Secretary of State must consult—

(a) the Electoral Commission, and

(b) such other persons as he considers appropriate.

(6) An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

(7) Where the Welsh Ministers make an order under section 37B, the Secretary of State may by order make such consequential provision in relation to elections in England as he thinks fit.

(8) The powers under subsections (6) and (7) include power to make—

(a) different provision for different purposes;

(b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

(9) An order under this section must be made by statutory instrument.

(10) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

37B Power to change date of local elections to date of European Parliamentary general election: Wales

(1) The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for—

(a) counties in Wales and county boroughs, and

(b) communities,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

(2) An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs.

(3) An order under subsection (1) must relate to a single year and must be made at least six months before—

(a) the local election day in that year, or

(b) if earlier, the date of the poll at the European Parliamentary general election in that year.

(4) For this purpose “the local election day” in a particular year is—

(a) the first Thursday in May, or

(b) if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.

(5) Before making an order under this section, the Welsh Ministers must consult—

(a) the Electoral Commission, and

(b) such other persons as they consider appropriate.

(6) An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

(7) Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit.

(8) The powers under subsections (6) and (7) include power to make—

(a) different provision for different purposes;

(b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

(9) An order under this section must be made by statutory instrument.

(10) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.”

(3) In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary elections), in subsection (3), after “section 37(2)” insert “or 37A”.

Chapter 3 Consequential amendments

61 Consequential amendments

Schedule 2 (electoral arrangements: consequential amendments) has effect.

Part 3 Executive arrangements for England

62 Executive arrangements for England

(1) Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance with this section.

(2) For subsection (1) substitute—

“(1) The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.”

(3) In subsection (2) for the words before paragraph (a) substitute—

“(2) In the case of any local authority in England or Wales, the executive may consist of—”.

(4) After subsection (2) insert—

“(2A) In the case of any local authority in England, the executive may consist of—

(a) a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b) two or more councillors of the authority appointed to the executive by the executive leader.

Such an executive is referred to in this Part as a leader and cabinet executive (England).”

(5) In subsection (3)—

(a) for the words before paragraph (a) substitute—

“(3) In the case of any local authority in Wales, the executive may consist of—”;

(b) in the words after paragraph (b)(ii), for “leader and cabinet executive” substitute “leader and cabinet executive (Wales)”.

(6) In subsection (4) for the words before paragraph (a) substitute—

“(4) In the case of any local authority in Wales, the executive may consist of—”.

(7) In subsection (5) for “It” substitute “In the case of a local authority in England or Wales, the executive”.

(8) In subsection (9)—

(a) for “amend subsection (8) so as to provide for” substitute “specify”;

(b) for “that subsection” substitute “subsection (8)”;

(c) after “exercised” insert “in relation to Wales”.

(9) After subsection (9) insert—

“(9A) In this Part, a reference to a leader and cabinet executive is a reference to either or both of the following, as appropriate in the context—

(a) a leader and cabinet executive (England);

(b) a leader and cabinet executive (Wales).”

(10) In subsection (10) for “subsection (3)(a)” substitute “subsection (2A)(a) or (3)(a)”.

63 Discharge of functions

(1) The Local Government Act 2000 (c. 22) is amended as follows.

(2) For the title of section 14 substitute “Discharge of functions: general”.

(3) For section 14(1) substitute—

“(1) Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of—

(a) a mayor and cabinet executive, or

(b) a leader and cabinet executive (England),

are to be discharged in accordance with this section.”

(4) In section 14(2) and (3) for “elected mayor” substitute “senior executive member”.

(5) In section 14(4)—

(a) for “elected mayor” substitute “senior executive member”;

(b) for “that member” substitute “the member who may discharge the function”.

(6) In section 14(5) for “elected mayor” substitute “senior executive member”.

(7) In section 14(6)—

(a) for “an elected mayor” substitute “a senior executive member”;

(b) for “the elected mayor” substitute “the senior executive member”.

(8) After section 14(6) insert—

“(7) In this section “senior executive member” means—

(a) in the case of a mayor and cabinet executive: the elected mayor;

(b) in the case of a leader and cabinet executive (England): the executive leader.”.

(9) In section 15—

(a) for the title substitute “Discharge of functions: leader and cabinet executive (Wales)”;

(b) in subsection (1) for “leader and cabinet executive” substitute “leader and cabinet executive (Wales)”.

64 Changing governance arrangements

After section 33 of the Local Government Act 2000 (c. 22) insert—

“Changing governance arrangements: general provisions

33A Executive arrangements: different form of executive

A local authority in England which is operating executive arrangements may—

(a) vary the arrangements so that they provide for a different form of executive, and

(b) if it makes such a variation, vary the arrangements in such other respects (if any) as it considers appropriate.

33B Executive arrangements: other variation of arrangements

A local authority in England which is operating executive arrangements may vary the arrangements so that they—

(a) differ from the existing arrangements in any respect, but

(b) still provide for the same form of executive.

33C Alternative arrangements: move to executive arrangements

A local authority in England which is operating alternative arrangements may—

(a) cease to operate alternative arrangements, and

(b) start to operate executive arrangements.

33D Alternative arrangements: variation of arrangements

A local authority in England which is operating alternative arrangements may vary the arrangements so that they differ from the existing arrangements in any respect.

33E Proposals by local authority

(1) This section applies to a local authority which wishes to make a change in governance arrangements.

(2) The local authority must draw up proposals for the change.

(3) The proposals must include—

(a) a timetable with respect to the implementation of the proposals, and

(b) details of any transitional arrangements which are necessary for the implementation of the proposals.

(4) The following subsections apply if the proposed change is of the kind set out in—

(a) section 33A (different form of executive), or

(b) section 33C (move to executive arrangements).

(5) The proposals may provide for the change in governance arrangements to be subject to approval in a referendum.

(6) Before drawing up its proposals, the local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(7) In drawing up the proposals, the local authority must consider the extent to which the proposals, if implemented, would be likely to assist in securing continuous improvement in the way in which the local authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(8) After drawing up the proposals, the local authority must—

(a) secure that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at all reasonable times, and

(b) publish in one or more newspapers circulating in its area a notice which—

(i) states that the authority has drawn up the proposals,

(ii) describes the main features of the proposals,

(iii) states that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(iv) specifies the address of their principal office.

33F Resolution of local authority

(1) A resolution of a local authority is required in order for the authority to make a change in governance arrangements.

(2) Section 29(2) applies to a resolution under this section as it applied to a resolution to operate executive arrangements.

33G Implementation: new executive or move to executive arrangements

(1) This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—

(a) section 33A (new form of executive), or

(b) section 33C (move to executive arrangements).

(2) On the third day after the relevant elections, the local authority must—

(a) cease operating the old form of executive, or the alternative arrangements, and

(b) start operating the form of executive which the change in governance arrangements provides for.

(3) Subject to subsection (2), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

(4) In this section “relevant elections” means, if the change in governance arrangements provides for the local authority to operate—

(a) a leader and cabinet executive (England): the appropriate elections of councillors;

(b) a mayor and cabinet executive: the first election of the mayor.

(5) For the purposes of subsection (4)(a), the “appropriate elections of councillors” are the elections determined in accordance with whichever of the following paragraphs is applicable—

(a) if the local authority is currently operating a mayor and cabinet executive, the “appropriate elections of councillors” are the ordinary elections of councillors of the local authority held on the day on which the next ordinary election of a mayor was expected to be held when the resolution to make the change in governance arrangements was passed;

(b) if the local authority—

(i) is not currently operating a mayor and cabinet executive, and

(ii) is required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the “appropriate elections of councillors” are the first ordinary elections of councillors of the local authority to be held after the end of the permitted resolution period in which the resolution is passed;

(c) if the local authority—

(i) is not currently operating a mayor and cabinet executive, and

(ii) is not required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the “appropriate elections of councillors” are the first ordinary elections of councillors of the local authority to be held after the resolution is passed.

33H Implementation: other change in governance arrangements

(1) This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—

(a) section 33B (variation of executive arrangements), or

(b) section 33D (variation of alternative arrangements).

(2) The local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

33I General

(1) Except as provided for in sections 33A to 33D or in regulations under section 34, 35 or 36, a local authority which is operating executive arrangements or alternative arrangements may not vary, or cease to operate, those arrangements.

(2) In making a change in governance arrangements, the local authority must comply with any directions given by the Secretary of State in connection with the making of such a change.

(3) Sections 33J to 33N contain further requirements which, in certain cases, apply to proposals or resolutions.

Further requirements for certain changes

33J New form of executive or move to executive: general requirements

(1) This section applies to a change in governance arrangements of the kind set out in—

(a) section 33A (new form of executive), or

(b) section 33C (move to executive arrangements).

(2) The proposals must state the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive which will be operated if the proposals are implemented.

(3) The proposals (particularly any provision about timetables and transitional matters included in accordance with section 33E(3)) must be such as to ensure that the proposed change can take effect (so far as required to) in accordance with section 33G(2).

33K Changes subject to approval in a referendum: additional requirements

(1) This section applies to a change in governance arrangements if—

(a) the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and

(b) the change is subject to approval in a referendum.

(2) The local authority must hold a referendum on its proposals before taking any steps to implement them.

(3) The local authority may not pass a resolution which makes the proposed change unless the result of the referendum is to approve the proposals.

(4) Any such resolution must be passed within the period of 28 days beginning with the day when the referendum is held.

(5) Any such resolution must be passed at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object.

(6) If the result of the referendum is not to approve the proposals, the local authority must publish in one or more newspapers circulating it its area a notice which—

(a) summarises the proposals,

(b) states that the referendum did not approve the proposals,

(c) summarises the authority’s existing executive arrangements, and

(d) states that the authority will be continuing to operate those arrangements.

33L Change not subject to approval in a referendum: additional requirements

(1) This section applies to a change of governance arrangements if—

(a) the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and

(b) the change is not subject to approval in a referendum.

(2) Any resolution to make the change in governance arrangements must be passed during a permitted resolution period.

(3) Subsection (4) applies if—

(a) the local authority is operating a mayor and cabinet executive, and

(b) the proposed new form of executive is a leader and cabinet executive (England).

(4) In such a case—

(a) the consultation required by section 33E(6) must last for at least 12 weeks; and

(b) the local authority’s proposals must include statements of the following things—

(i) the arguments in favour of making the proposed change;

(ii) any arguments against making the proposed change;

(iii) the local authority’s reasons for wishing to make the proposed change.

(5) Subsection (6) applies if—

(a) the local authority is operating a mayor and cabinet executive, and

(b) the proposed new form of executive is a form prescribed in regulations under section 11(5).

(6) In such a case, the resolution to make the change in governance arrangements must be passed—

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object;

(b) by a majority of at least two thirds of members voting on it.

(7) In subsection (6) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

33M Cases in which change subject to approval in referendum

(1) For the purposes of sections 33K and 33L a change in governance arrangements is subject to approval in a referendum in either of the following cases.

(2) The first case is where the proposals for implementing the local authority’s current form of executive were themselves approved in a referendum.

(3) The second case is where the local authority’s proposals under section 33E provide for the change in governance arrangements to be subject to approval in a referendum.

33N Variation of mayoral executive

(1) This section applies to a change in governance arrangements of the kind set out in section 33B (variation of executive arrangements) if the local authority is operating a mayor and cabinet executive.

(2) The local authority may not make any proposals for the change in governance arrangements unless the elected mayor has given written consent to the proposed change.

Miscellaneous

33O Interpretation

(1) This section applies for the purposes of sections 33A to 33N.

(2) References to a change in governance arrangements are references to any change of a kind set out in sections 33A to 33D.

(3) References to a different form of executive are references to any of the following kinds of executive that a local authority is not operating—

(a) a leader and cabinet executive (England);

(b) a mayor and cabinet executive;

(c) a form of executive prescribed under section 11(5).

(4) In sections 33A to 33N—

• “permitted resolution period”, in relation to a local authority, means a period specified in the second column of the following table in relation to that type of authority;

• “proposals” means proposals under section 33E;

• “proposed change” means the change in governance arrangements which is proposed in proposals.

(5) This is the table referred to in the definition of “permitted resolution period”—

(6) The Secretary of State may by order provide that a permitted resolution period is to end later than the last day of that period specified in the table.”

65 Referendum following petition

(1) Section 34 of the Local Government Act 2000 (c. 22) (referendum following petition) is amended in accordance with subsections (2) to (4).

(2) In subsection (1) for the words from “operate” to the end substitute “operate a relevant form of executive”.

(3) After subsection (1) insert—

“(1A) In this section “relevant form of executive” means—

(a) in relation to England, an executive which takes such form permitted by or under section 11 as may be specified in the regulations;

(b) in relation to Wales, executive arrangements involving a form of executive for which a referendum is required.”

(4) In subsection (3) after “33” insert “or of any of sections 33A to 33O”.

(5) In section 35(3) of the Local Government Act 2000 (c. 22) (referendum following direction) after “33” insert “or of any of sections 33A to 33O”.

(6) In section 36(3) of the Local Government Act 2000 (referendum following order) after “33” insert “or of any of sections 33A to 33O”.

66 Elected mayors

(1) Section 39 of the Local Government Act 2000 (elected mayors etc) is amended as follows.

(2) For subsection (5) substitute—

“(5A) A reference in any enactment (whenever passed or made) to—

(a) a member of a local authority, or

(b) a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(5B) But subsection (5A) is subject to—

(a) regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and

(b) any other contrary intention that appears in any enactment (whenever passed or made).

(5C) Sections 2(2A) and 21(1A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).”

(3) For subsection (6) substitute—

“(6) Elections for the return of an elected mayor of a local authority in England are to take place on the ordinary day of election in each of the relevant election years.

(7) The term of office of an elected mayor of a local authority is to be four years.

(8) This section is subject to regulations under section 41.”

67 Leader and cabinet executives (England)

After section 44 of the Local Government Act 2000 insert—

“Leader and cabinet executives (England)

44A Election of leader: whole-council elections

(1) This section applies to a local authority if it—

(a) is subject to whole-council elections, and

(b) is, on the day of a post-election annual meeting, operating a leader and cabinet executive (England).

(2) The executive leader is to be elected at the post-election annual meeting.

(3) But if the council fails to elect the executive leader at the post-election annual meeting, an executive leader is to be elected at a subsequent meeting of the council.

(4) For the purposes of this section and section 44D—

(a) a local authority is subject to whole-council elections if, under the scheme for the ordinary elections of its councillors, all of the councillors are elected in each year in which the elections are held;

(b) “post-election annual meeting” means the first annual meeting of a local authority to be held after ordinary elections take place.

44B Election of leader: partial-council elections

(1) This section applies to a local authority if it—

(a) is subject to partial-council elections, and

(b) is, on the day of a relevant annual meeting, operating a leader and cabinet executive (England).

(2) The executive leader is to be elected at the relevant annual meeting.

(3) But if the council fails to elect the executive leader at the relevant annual meeting, the executive leader is to be elected at a subsequent meeting of the council.

(4) For the purposes of this section and section 44E—

(a) a local authority is subject to partial-council elections if, under the scheme for the ordinary elections of its councillors, one-half or one-third (or, in either case, as nearly as may be) of the councillors are elected in each year in which the elections are held;

(b) “relevant annual meeting” means—

(i) the first annual meeting to be held after the local authority starts to operate the leader and cabinet executive (England), or

(ii) any subsequent annual meeting held on a day when an executive leader’s term of office is to end by virtue of section 44E(3).

44C Removal of leader

(1) Executive arrangements by a local authority which provide for a leader and cabinet executive (England) may include provision for the council to remove the executive leader by resolution.

(2) If a council passes a resolution to remove the executive leader, a new executive leader is to be elected—

(a) at the meeting at which the leader is removed from office, or

(b) at a subsequent meeting.

44D Term of office of leader: whole-council elections

(1) This section applies to the executive leader of a local authority which—

(a) is operating a leader and cabinet executive (England), and

(b) is subject to whole-council elections.

(2) The executive leader’s term of office starts on the day of his election as leader.

(3) The executive leader’s term of office ends on the day of the post-election annual meeting which follows his election as leader.

(4) But if the executive leader is removed from office in accordance with section 44C, his term of office ends on the day of his removal.

44E Term of office of leader: partial-council elections

(1) This section applies to the executive leader of a local authority which—

(a) is operating a leader and cabinet executive (England), and

(b) is subject to partial-council elections.

(2) The executive leader’s term of office starts on the day of his election.

(3) The executive leader’s term of office ends on the day when the council holds its first annual meeting after the leader’s normal day of retirement as a councillor.

(4) But that is subject to subsections (5) and (6).

(5) If the executive leader is removed from office in accordance with section 44C, his term of office ends on the day of his removal.

(6) If the local authority becomes subject to whole-council elections, the executive leader’s term of office ends on the day of the annual meeting which follows the first whole-council elections.

(7) For the purposes of this section an executive leader’s normal day of retirement as a councillor is the day when the leader would next be required to retire as a councillor of the council if section 44F were disregarded.

44F Leader to continue to hold office as councillor

(1) The executive leader of a leader and cabinet executive (England) remains a member of the council during his term of office as leader.

(2) Accordingly, any enactment which provides for his earlier retirement as a councillor does not apply.

(3) This section does not affect anything by which the executive leader may cease to be a councillor otherwise than by retirement (including disqualification or resignation).

44G No other means of electing or removing leader

(1) This section applies to a local authority which operate a leader and cabinet executive (England).

(2) An executive leader may not be elected except in accordance with section 44A, 44B or 44C or regulations under section 44H.

(3) An executive leader may not be removed from office except in accordance with section 44C or regulations under section 44H.

44H Regulations

(1) The Secretary of State may by regulations make provision—

(a) as to the dates on which and years in which executive leaders of leader and cabinet executives (England) are to be elected by local authorities,

(b) as to the intervals between elections of executive leaders of leader and cabinet executives (England),

(c) as to the term of office of an executive leader of a leader and cabinet executive (England), and

(d) as to the filling of vacancies in the office of executive leader of a leader and cabinet executive (England).

(2) Sections 44A to 44E are subject to regulations under this section.”

68 Power to make incidental, consequential provision etc

(1) Section 47 of the Local Government Act 2000 (power to make incidental, consequential provision etc) is amended as follows.

(2) After subsection (3) insert—

“(4) The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements (including changes of the kinds set out in sections 33A to 33D).

(5) That includes—

(a) provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements,

(b) provision as to the dates on which and years in which relevant elections may or must be held,

(c) provision as to the intervals between relevant elections, and

(d) provision as to the term of office of any member of any form of executive.

(6) In subsection (5) “relevant election” means—

(a) an election for the return of an elected mayor;

(b) the election by a local authority of the executive leader of a leader and cabinet executive (England).

(7) Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).”

69 Time limit for holding further referendum

(1) Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to referendums) is amended as follows.

(2) For subsection (1) substitute—

“(1) A local authority—

(a) in England may not hold more than one referendum in any period of ten years;

(b) in Wales may not hold more than one referendum in any period of five years.”

(3) In subsection (9) after “section 27” insert “or 33K”.

(4) Section 45 as amended by subsection (1) applies to referendums held before, and referendums held after, this section comes into force.

70 Interpretation

(1) Section 48 of the Local Government Act 2000 (c. 22) is amended as follows.

(2) In subsection (1) in the definition of “executive leader”, for “section 11(3)(a)” substitute “section 11(2A)(a) or (3)(a)”.

(3) In subsection (1) insert the following definition at the appropriate place—

““ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,”.

(4) After subsection (1) insert—

“(1A) In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority.

71 Larger authorities to cease operating alternative arrangements

(1) This section applies to a local authority if—

(a) the authority is operating alternative arrangements, and

(b) the resident population of the authority’s area on 30th June 1999 was 85,000 or more.

(2) The local authority must draw up proposals for—

(a) ceasing to operate alternative arrangements, and

(b) starting to operate executive arrangements which provide for a leader and cabinet executive (England).

(3) The proposals must include all of the following—

(a) a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England);

(b) a timetable with respect to the implementation of the proposals;

(c) details of any transitional arrangements which are necessary for the implementation of the proposals.

(4) The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority’s annual meeting in 2009.

(5) After drawing up the proposals, the local authority must—

(a) secure that copies of a document setting out the proposals are available at the authority’s principal office for inspection by members of the public at all reasonable times, and

(b) publish in one or more newspapers circulating in its area a notice which—

(i) states that the authority has drawn up the proposals,

(ii) describes the main features of the proposals,

(iii) states that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(iv) specifies the address of the principal office.

(6) A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England).

(7) Section 29(2) of the Local Government Act 2000 (c. 22) applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements.

(8) If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals.

(9) Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000.

(10) In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section.

(11) For the purposes of this section the resident population of any area on 30th June 1999 is to be taken to be the Registrar General’s estimate of that population on that date.

72 Failure to cease operating alternative arrangements

(1) This section applies if—

(a) section 71 applies to a local authority, and

(b) it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority’s annual meeting in 2009.

(2) The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England).

(3) The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority’s annual meeting in 2009.

(4) Arrangements which the Secretary of State specifies under subsection (2) are to be treated as having been made by the local authority itself.

(5) Arrangements which come into operation in accordance with subsection (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000 (c. 22).

(6) As soon as practicable after executive arrangements are specified under subsection (2), the local authority must comply with the following provisions of the Local Government Act 2000—

(a) section 29(2)(a);

(b) section 29(2)(b)(ii) to (v).

73 Sections 71 and 72: supplementary

(1) Section 33C of the Local Government Act 2000 does not apply to a local authority to which section 71 applies.

(2) Section 33I(1) of the Local Government Act 2000 is subject to sections 71 and 72.

(3) Subsection (4) applies to a local authority which—

(a) starts to operate a leader and cabinet executive (England) in accordance with section 71 or 72, and

(b) draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive).

(4) For the purposes of section 33L of the Local Government Act 2000, the first permitted resolution period is to be the period which—

(a) starts with 1 October 2010, and

(b) ends with 31 December 2010;

(rather than the other period ending with 31 December 2010 that is specified in the table in section 33O(5) of the Local Government Act 2000).

(5) Expressions used in section 71 or 72 that are also used in Part 2 of the Local Government Act 2000 have the same meanings in that section as in that Part.

74 Further amendments & transitional provision

(1) Schedule 3 (executives: further amendments) has effect.

(2) Schedule 4 (new arrangements for executives: transitional provision) has effect.

Part 4 Parishes

Chapter 1 Parishes

75 Parishes: alternative styles

(1) The Local Government Act 1972 (c. 70) is amended as follows.

(2) After section 11 insert—

“11A Grouping: alternative styles

(1) An order under section 11(1) which forms a new group may make the provision set out in subsection (3).

(2) But the order must make that provision in either of these cases—

(a) if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style;

(b) if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style.

(3) The provision referred to in subsections (1) and (2) is—

(a) provision that each of the parishes in the group shall have an alternative style, or

(b) provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style.

(4) Provision made by virtue of subsection (3)(a)—

(a) must provide for each of the parishes to have the same alternative style;

(b) may provide for each of the parishes to have an alternative style which any of them already has;

(c) has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made.

(5) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if—

(a) the parishes in the group do not have an alternative style, and

(b) at least one of the parishes which is to be added has an alternative style.

(6) The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style.

(7) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if—

(a) the parishes in the group have an alternative style, and

(b) at least one of the parishes which is to be added—

(i) has a different alternative style, or

(ii) does not have any of the alternative styles.

(8) The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group.

(9) If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles—

(a) “group of communities”;

(b) “group of neighbourhoods”;

(c) “group of villages”.

(10) As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following—

(a) the Secretary of State;

(b) the Electoral Commission;

(c) the Office of National Statistics;

(d) the Director General of the Ordnance Survey;

(e) any district council or county council within whose area the parish lies.

11B De-grouping: alternative styles

(1) This section applies if—

(a) the parishes in a group of parishes have an alternative style, and

(b) an order under section 11(4) dissolves the group or separates one or more parishes from the group.

(2) The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.

(3) In subsection (2) “de-grouped parish” means—

(a) in the case of dissolution of the group, each parish in the group;

(b) in the case of separation of one or more parishes from the group, each parish that is separated.”

(3) After section 12 insert—

“12A Parishes: alternative styles

(1) This section applies to a parish which is not grouped with any other parish.

(2) The appropriate parish authority may resolve that the parish shall have one of the alternative styles.

(3) If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style.

(4) A single resolution may provide for a parish—

(a) to cease to have an alternative style, and

(b) to have another of the alternative styles instead.

(5) As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following—

(a) the Secretary of State;

(b) the Electoral Commission;

(c) the Office of National Statistics;

(d) the Director General of the Ordnance Survey;

(e) any district council, county council or London borough council within whose area the parish lies.

(6) In this section “appropriate parish authority” means—

(a) the parish council, or

(b) if the parish does not have a parish council, the parish meeting.

12B Groups of parishes: alternative styles

(1) This section applies to a group of parishes.

(2) The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.

(3) If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.

(4) A single resolution may provide for each of the grouped parishes—

(a) to cease to have an alternative style, and

(b) to have the same one of the other alternative styles instead.

(5) If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—

(a) “group of communities”;

(b) “group of neighbourhoods”;

(c) “group of villages”.

(6) As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—

(a) the Secretary of State;

(b) the Electoral Commission;

(c) the Office of National Statistics;

(d) the Director General of the Ordnance Survey;

(e) any district council, county council or London borough council within whose area the group lies.”

(4) In section 13 (constitution of parish meeting etc) after subsection (5) insert—

“(5A) If the parish has the style of community—

(a) the parish meeting shall have the style of “community meeting”;

(b) the parish trustees shall be known by the name of “The Community Trustees” with the addition of the name of the community.

(5B) If the parish has the style of neighbourhood—

(a) the parish meeting shall have the style of “neighbourhood meeting”;

(b) the parish trustees shall be known by the name of “The Neighbourhood Trustees” with the addition of the name of the neighbourhood.

(5C) If the parish has the style of village—

(a) the parish meeting shall have the style of “village meeting”;

(b) the parish trustees shall be known by the name of “The Village Trustees” with the addition of the name of the village.”

(5) In section 14 (constitution and powers of parish council), after subsection (2) insert—

“(2A) If the parish has the style of community, the council shall be known by the name “The Community Council” with the addition of the name of the community.

(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 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

(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—

“(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-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—

(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 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”.

(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 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—

(a) “community”;

(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—

(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.

(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).

(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

(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”.

(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.

(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—

(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 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.

(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

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—

“(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.”

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.”

(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 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.”

Chapter 3 Reorganisation

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).

(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 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

(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—

(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 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 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).

(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 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 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 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 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 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

(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.

(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

(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—

(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.

(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 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.

(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—

(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

(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 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

(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 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 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;

(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;

(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.

(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 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—

(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—

(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 (c. 19) or section 14 of the Local Government and Rating Act 1997 (c. 29), 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

87 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 unparished area as a parish;

(b) by aggregating one or more unparished areas with one or more parished areas;

(c) by aggregating parts of parishes;

(d) by amalgamating two or more parishes;

(e) by separating part of a parish;

but the aggregation of one or more unparished areas with a single parish is not the constitution of a new parish.

(3) For the purposes of subsection (2)—

• “parished area” means an area which—

  (a)

  is a parish, or

  (b)

  is part of a parish;

• “unparished 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.

(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 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 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;

(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 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

(b) to cease to have an alternative style, or to have a different alternative style, (if it already has one).

(6) In this section—

(a) “existing parishes under review” means each of the parishes (if any) which are already in existence in the area under review;

(b) references to the alteration of an area of a parish are references to any alteration which is not the constitution of a new parish (within the meaning of section 87(2)).

89 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.

(3) These are the relevant provisions for the purposes of this section—

(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 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 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.

(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 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 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).

(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 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 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

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.

(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 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 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.

(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

(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.

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;

(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 recommend that the parish should not have a council.

(4) But subsection (3) does not apply if any part of the parish mentioned in subsection (1) is currently—

(a) a parish which has a council, or

(b) part of such a parish.

(5) If neither subsection (2) nor (3) applies, 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 of a kind listed in the following table.

(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 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 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—

(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 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 subsection (7) when cons