Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
57

86
Review being undertaken: duty to respond to petition
(1)
This section applies if the following conditions are met—
(a)
a principal council receives a community governance petition which
relates to the whole or part of a principal council’s area;
(b)
at the time the petition is received, the council is in the course of
5
undertaking a community governance review (“the current review”);
(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
10
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 87.
(4)
The first option mentioned in subsection (2) is for the principal council to
15
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
20
(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
25
(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.
87
Power to respond to petition
30
(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 84 (power to undertake review) or 83(4)(b) (power to modify
terms of review) in response to that petition.
(2)
The first case is where—
35
(a)
section 85 applies (no review being undertaken when petition
received), but
(b)
the duty in section 85(2) does not apply because of section 85(3) (no
duty to respond to petition because previous review concluded in
relevant two-year period).
40
(3)
The second case is where—
(a)
section 86 applies (review being undertaken when petition received:
petition area wholly outside area under review), but

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
58

(b)
the duty in section 86(2) does not apply because of section 86(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 receives a community governance petition which
5
relates to the whole or part of a principal council’s area;
(b)
at the time the petition is received, the council is in the course of
undertaking a community governance review;
(c)
the petition area is wholly or partly inside the area under review.
Reorganisation of community governance
10
88
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 94).
15
(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.
20
(5)
An order under this section may vary or revoke 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
25
(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 or section
30
14 of the Local Government and Rating Act 1997, and
(c)
that order was made during the period of five years ending with the
day on which the community governance review starts.
Recommendations of review
89
Constitution of new parish
35
(1)
A community governance review must make recommendations as to what
new parish or parishes (if any) should be constituted in the area under review.
(2)
A new parish is constituted in any one of the following ways—
(a)
by establishing an available area as a parish;
(b)
by aggregating an available area with one or more parishes or parts of
40
parishes;

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
59

(c)
by aggregating parts of parishes;
(d)
by amalgamating two or more parishes;
(e)
by separating part of a parish.
(3)
For the purposes of subsection (2) “available area” means an area which—
(a)
is not a parish, and
5
(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
10
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.
90
Existing parishes under review
(1)
A community governance review must make the following recommendations
15
in relation to each of the existing parishes under review.
(2)
The review must make one of the following recommendations—
(a)
recommendations that the parish should not be abolished and that its
area should not be altered;
(b)
recommendations that the area of the parish should be altered;
20
(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
25
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
30
(b)
to cease to have an alternative style, or to have a different alternative
style, (if it already has one).
(6)
In this section “existing parishes under review” means each of the parishes (if
any) which are already in existence in the area under review.
91
New council: consequential recommendations
35
(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—
40
(a)
section 89 (new parishes);

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 3 — Reorganisation
60

(b)
section 90 (existing parishes)
92
Council retained: consequential recommendations
(1)
This section applies if, under a section 90, a community governance review
makes recommendations that a parish should continue to have a parish
council.
5
(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.
93
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.
10
(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
15
equivalent to the provision of an order under section 11 of the Local
Government Act 1972 (c. 70).
94
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.
20
(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).
25
(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
30
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);
35
“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
40
(b)
if the recommendations are made by a district council for an
area for which there is a county council, the county council.