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Local Government and Public Involvement in Health Act 2007 (c. 28)

(The document as of February, 2008)

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Local Government and Public Involvement in Health Act 2007

2007 CHAPTER 28

CONTENTS

Content
  1. Part 1

    Structural and boundary change in England

    1. Chapter 1

      Structural and boundary change

      1. Change from two tiers to single tier of local government

        1. 1. "Principal authority" and "single tier of local government"

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

        3. 3. Invitations, directions and proposals: supplementary

        4. 4. Request for Boundary Committee for England's advice

        5. 5. Boundary Committee's powers

        6. 6. Boundary Committee's procedure

        7. 7. Implementation of proposals by order

      2. Boundary change

        1. 8. Review by Boundary Committee of local government areas

        2. 9. Boundary Committee's review: consultation etc

        3. 10. Implementation of recommendations by order

      3. Implementation of changes

        1. 11. Implementation orders: provision that may be included

        2. 12. Provision relating to membership etc of authorities

        3. 13. Implementation orders: further provision

        4. 14. Regulations for supplementing orders

        5. 15. Incidental etc provision in orders or regulations

        6. 16. Agreements about incidental matters

        7. 17. Residuary bodies

        8. 18. Staff commissions

        9. 19. Certain county councils to be billing authorities

      4. Supplementary

        1. 20. Correction of orders

        2. 21. Pre-commencement invitations etc

        3. 22. Consequential amendments

        4. 23. Definitions for purposes of Chapter 1

    2. Chapter 2

      Control of disposals etc

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

      2. 25. Directions: further provision about reserves

      3. 26. Directions: supplementary

      4. 27. Consideration to be taken into account for purposes of direction

      5. 28. Contraventions of direction

      6. 29. Power to amend

      7. 30. Definitions for purposes of Chapter 2

  2. Part 2

    Electoral arrangements

    1. Chapter 1

      Power of district councils in England to change electoral scheme

      1. Introductory

        1. 31. Schemes for elections

      2. Power of district councils to change to whole-council elections

        1. 32. Resolution for whole-council elections

        2. 33. Resolution for whole-council elections: requirements

        3. 34. Scheme for whole-council elections

        4. 35. Publicity

        5. 36. Notice to Electoral Commission

      3. Power of district councils to revert to partial-council elections

        1. 37. Resolution for elections by halves

        2. 38. Resolution for elections by halves: requirements

        3. 39. Resolution for elections by thirds

        4. 40. Resolution for elections by thirds: requirements

        5. 41. Publicity for resolution

        6. 42. Notice to Electoral Commission

        7. 43. Electoral Commission to consider whether electoral review is necessary

        8. 44. Electoral Commission to make order for new electoral scheme

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

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

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

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

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

        14. 50. Power of Electoral Commission to make incidental etc provision

        15. 51. Position if Electoral Commission act under existing powers

        16. 52. Publicity for order by Electoral Commission

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

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

      5. Amendment of existing provisions about schemes for ordinary elections

        1. 54. Amendment of existing provisions about schemes for ordinary elections

    2. Chapter 2

      Miscellaneous

      1. Requests for single-member electoral areas in England

        1. 55. Requests for single-member electoral areas

      2. Electoral Commission and Boundary Committee: reviews and recommendations

        1. 56. Electoral Commission and Boundary Committee: reviews and recommendations

        2. 57. Procedure in connection with reviews

      3. Electoral areas in England

        1. 58. Metropolitan districts: councillors per ward

        2. 59. Change of name of electoral area

      4. Election dates

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

    3. Chapter 3

      Consequential amendments

      1. 61. Consequential amendments

  3. Part 3

    Executive arrangements for England

    1. 62. Executive arrangements for England

    2. 63. Discharge of functions

    3. 64. Changing governance arrangements

    4. 65. Referendum following petition

    5. 66. Elected mayors

    6. 67. Leader and cabinet executives (England)

    7. 68. Power to make incidental, consequential provision etc

    8. 69. Time limit for holding further referendum

    9. 70. Interpretation

    10. 71. Larger authorities to cease operating alternative arrangements

    11. 72. Failure to cease operating alternative arrangements

    12. 73. Sections 71 and 72: supplementary

    13. 74. Further amendments & transitional provision

  4. Part 4

    Parishes

    1. Chapter 1

      Parishes

      1. 75. Parishes: alternative styles

      2. 76. Appointed councillors

    2. Chapter 2

      Power to promote well-being

      1. 77. Extension of power to certain parish councils

      2. 78. Community strategies

    3. Chapter 3

      Reorganisation

      1. Key terms used

        1. 79. Community governance reviews

        2. 80. Community governance petitions

        3. 81. Terms of reference of review

      2. Undertaking community governance reviews

        1. 82. Council's power to undertake review

        2. 83. No review being undertaken: duty to respond to petition

        3. 84. Review being undertaken: duty to respond to petition

        4. 85. Power to respond to petition

      3. Reorganisation of community governance

        1. 86. Reorganisation of community governance

      4. Recommendations of review

        1. 87. Constitution of new parish

        2. 88. Existing parishes under review

        3. 89. New council: consequential recommendations

        4. 90. Council retained: consequential recommendations

        5. 91. Grouping or de-grouping parishes

        6. 92. County, district or London borough: consequential recommendations

      5. Duties of council undertaking review

        1. 93. Duties when undertaking a review

        2. 94. Recommendations to create parish councils

        3. 95. Electoral recommendations: general considerations

      6. Publicising outcome of review

        1. 96. Publicising outcome

      7. Miscellaneous

        1. 97. Supplementary regulations

        2. 98. Orders and regulations under this Chapter

        3. 99. Agreements about incidental matters

        4. 100. Guidance

        5. 101. Consequential amendments

        6. 102. Interpretation

  5. Part 5

    Co-operation of English authorities with local partners, etc

    1. Chapter 1

      Local area agreements and community strategies

      1. 103. Application of Chapter: responsible local authorities

      2. 104. Application of Chapter: partner authorities

      3. 105. "Local improvement targets": interpretation

      4. 106. Duty to prepare and submit draft of a local area agreement

      5. 107. Approval of draft local area agreement by Secretary of State

      6. 108. Duty to have regard to local improvement targets

      7. 109. Designated targets

      8. 110. Revision and addition of targets

      9. 111. Designated targets: revision proposals

      10. 112. Approval of revision proposal

      11. 113. Duty to publish information about local area agreement

      12. 114. Preparation of community strategy

      13. 115. Orders under Part 1 of Local Government Act 2000: Wales

      14. 116. Health and social care: joint strategic needs assessments

      15. 117. Interpretation of Chapter

      16. 118. Transitional provision

    2. Chapter 2

      Overview and scrutiny committees

      1. 119. Reference of matter by councillor to overview and scrutiny committee

      2. 120. Power of overview and scrutiny committee to question members of authority

      3. 121. Powers to require information from partner authorities

      4. 122. Overview and scrutiny committees: reports and recommendations

      5. 123. Joint overview and scrutiny committees: local improvement targets

      6. 124. Overview and scrutiny committees of district councils: local improvement targets

      7. 125. Guidance

      8. 126. Reference of local crime and disorder matters to crime and disorder committees etc

      9. 127. Overview and scrutiny committees: consequential amendments

      10. 128. Transitional provision

  6. Part 6

    Byelaws

    1. 129. Alternative procedure for byelaws

    2. 130. Fixed penalties for breach of byelaws

    3. 131. Use of fixed penalty receipts

    4. 132. Guidance

    5. 133. Community support officers etc

    6. 134. Revocation of byelaws

    7. 135. Further amendments relating to byelaws

  7. Part 7

    Best value

    1. Best value authorities

      1. 136. Parish councils and community councils etc not to be best value authorities

    2. Duties of best value authorities

      1. 137. Guidance about general best value duty

      2. 138. Involvement of local representatives

      3. 139. Abolition of performance indicators etc except for Welsh authorities

      4. 140. Abolition of best value performance reviews

    3. Powers to modify enactments etc

      1. 141. Consultation with and consent of Welsh Ministers

      2. 142. Power of Welsh Ministers to modify enactments obstructing best value etc

    4. Other

      1. 143. Grants to promote or facilitate exercise of functions by best value authorities

      2. 144. Best value: minor and consequential amendments

  8. Part 8

    Local services: inspection and audit

    1. Chapter 1

      Constitution of the Audit Commission

      1. 145. Membership

      2. 146. Change of name

    2. Chapter 2

      Audit Commission and auditors: functions and procedure

      1. Benefits inspections

        1. 147. Powers of the Audit Commission relating to benefits

        2. 148. Benefit Fraud Inspectorate: transfers to the Audit Commission

      2. Interaction with other authorities

        1. 149. Interaction of the Audit Commission with other authorities

        2. 150. Interaction of benefits inspectors with the Audit Commission

      3. Inspections and audit

        1. 151. Powers of auditors and inspectors to obtain information

        2. 152. Inspections of best value authorities

      4. Studies and reports etc

        1. 153. National studies

        2. 154. Studies at request of particular bodies

        3. 155. Registered social landlords

        4. 156. Information about performance standards of local authorities etc

        5. 157. Reports on English local authorities

        6. 158. Reports categorising English local authorities

      5. Miscellaneous

        1. 159. Appointment of auditors

        2. 160. Inspection and disclosure of personal information

        3. 161. Right to make objections at audit

        4. 162. Appointment of auditor to carry out agreed audits

        5. 163. Consent for the purposes of agreed audit

        6. 164. Disclosure of information obtained by the Audit Commission or an auditor

        7. 165. Publication of information by the Audit Commission

    3. Chapter 3

      Auditor General for Wales and auditors

      1. 166. Registered social landlords in Wales

      2. 167. Disclosure of information obtained by the Auditor General for Wales or an auditor

  9. Part 9

    The Commission for Local Administration in England

    1. 168. Appointment and removal of Commissioners

    2. 169. Responsibilities of Commissioners

    3. 170. Annual reports

    4. 171. Power to investigate

    5. 172. Authorities subject to investigation

    6. 173. Matters subject to investigation

    7. 174. Complaints and matters coming to Commissioners' attention

    8. 175. Reports and statements of reasons

    9. 176. Power of Commissioners to make recommendations etc

    10. 177. Publication of reports etc by Commissioners

    11. 178. Making complaints etc electronically

    12. 179. Disqualifications

    13. 180. Expenses of the Commission

    14. 181. Delegation

    15. 182. Minor and consequential amendments

  10. Part 10

    Ethical standards

    1. Chapter 1

      Conduct of local authority members

      1. Codes of conduct

        1. 183. Conduct that may be covered by code

        2. 184. Certain references to code of conduct to include default code

      2. Conduct of members of authorities in England: assessment of allegations

        1. 185. Assessment of allegations

        2. 186. Information to be provided to Standards Board by relevant authority

      3. Conduct of local authority members: miscellaneous amendments

        1. 187. Chairmen of standards committees

        2. 188. Sub-committees of standards committees

        3. 189. Joint committees of relevant authorities in England

        4. 190. Standards Board for England: functions

        5. 191. Ethical standards officers: investigations and findings

        6. 192. Ethical standards officers: reports etc

        7. 193. Disclosure by monitoring officers of ethical standards officers' reports

        8. 194. Matters referred to monitoring officers

        9. 195. References to Adjudication Panel for action in respect of misconduct

        10. 196. Consultation with ombudsmen

        11. 197. Interim case tribunals

        12. 198. Case tribunals: England

        13. 199. Case tribunals: Wales

        14. 200. Exemption from Data Protection Act 1998

        15. 201. Supplementary and consequential provision

    2. Chapter 2

      Employees

      1. 202. Politically restricted posts: grant and supervision of exemptions

      2. 203. Politically restricted posts: consequential amendments

      3. 204. Political assistants' pay

  11. Part 11

    Joint Waste Authorities

    1. 205. Proposals for joint waste authorities in England

    2. 206. Consultation

    3. 207. Implementation of proposals by order

    4. 208. Membership of joint waste authorities

    5. 209. Consequential amendments

    6. 210. Joint waste authorities in Wales

    7. 211. Interpretation

  12. Part 12

    Entities controlled etc by local authorities

    1. 212. Entities controlled etc by local authorities

    2. 213. Trusts

    3. 214. Further provision about orders

    4. 215. Exemptions from orders

    5. 216. Consequential amendments

    6. 217. Definition of certain terms in amended enactments: England

    7. 218. Definition of certain terms in amended enactments: Wales

  13. Part 13

    The Valuation Tribunal for England

    1. 219. Establishment of the Tribunal

    2. 220. Consequential and transitional provision etc

  14. Part 14

    Patient and public involvement in health and social care

    1. Local involvement networks

      1. 221. Health services and social services: local involvement networks

      2. 222. Arrangements under section 221(1)

      3. 223. Arrangements: power to make further provision

      4. 224. Duties of services-providers to respond to local involvement networks

      5. 225. Duties of services-providers to allow entry by local involvement networks

      6. 226. Local involvement networks: referrals of social care matters

      7. 227. Local involvement networks: annual reports

      8. 228. Transitional arrangements

      9. 229. Sections 221 to 228: interpretation and supplementary

    2. Abolition of Patients' Forums etc

      1. 230. Abolition of functions of Patients' Forums

      2. 231. Abolition of Patients' Forums

      3. 232. Abolition of Commission for Patient and Public Involvement in Health

    3. Consultation about health services

      1. 233. Duty to involve users of health services

      2. 234. Reports on consultation

  15. Part 15

    Powers of National Assembly for Wales

    1. 235. Powers of National Assembly for Wales

  16. Part 16

    Miscellaneous

    1. Exercise of functions by members of local authorities in England

      1. 236. Exercise of functions by local councillors in England

      2. 237. Exercise of functions under section 236: records

    2. Accounting

      1. 238. Amendments relating to capital finance and accounting practices

    3. Contracting out

      1. 239. Contracting out

  17. Part 17

    Final provisions

    1. 240. Orders, regulations and guidance

    2. 241. Repeals

    3. 242. Financial provisions

    4. 243. Power to make further amendments and repeals

    5. 244. Extent

    6. 245. Commencement

    7. 246. Short title

    1. Schedule 1

      Structural and boundary change: consequential amendments

      1. Part 1

        Amendments of Local Government Act 1992

      2. Part 2

        Other amendments

    2. Schedule 2

      Electoral arrangements: consequential amendments

    3. Schedule 3

      Executives: further amendments

    4. Schedule 4

      New arrangements for executives: transitional provision

      1. Part 1

        Old-style leader and cabinet executive

      2. Part 2

        Mayor and council manager executive

      3. Part 3

        Other transitional provision

    5. Schedule 5

      Parishes: further amendments

    6. Schedule 6

      Byelaws: further amendments

    7. Schedule 7

      Amendments consequential on removing parish councils etc from best value duties

    8. Schedule 8

      Best value: minor and consequential amendments

      1. Part 1

        Part 1 of Local Government Act 1999

      2. Part 2

        Other minor and consequential amendments

    9. Schedule 9

      Consequential amendments relating to change of name of the Audit Commission

    10. Schedule 10

      Benefit Fraud Inspectorate: transfer schemes

    11. Schedule 11

      Schedule to be inserted in Audit Commission Act 1998

    12. Schedule 12

      The Commission for Local Administration in England: minor and consequential amendments

      1. Part 1

        Amendments of Part 3 of Local Government Act 1974

      2. Part 2

        Other amendments

    13. Schedule 13

      Consequential amendments relating to joint waste authorities

      1. Part 1

        Amendments of Local Government Act 1972

      2. Part 2

        Other amendments

    14. Schedule 14

      Consequential amendments relating to entities controlled etc by local authorities

    15. Schedule 15

      The Valuation Tribunal for England

    16. Schedule 16

      Consequential amendments relating to the creation of the Valuation Tribunal for England

    17. Schedule 17

      Powers of National Assembly for Wales

    18. Schedule 18

      Repeals

      1. Part 1

        Structural and boundary change

      2. Part 2

        Electoral arrangements

      3. Part 3

        Executive arrangements

      4. Part 4

        Parishes

      5. Part 5

        Community strategies

      6. Part 6

        Overview and scrutiny committees

      7. Part 7

        Byelaws

      8. Part 8

        Best value

      9. Part 9

        Change of name of the Audit Commission

      10. Part 10

        Interaction of the Audit Commission with other authorities

      11. Part 11

        Studies and reports etc of the Audit Commission

      12. Part 12

        Audit Commission and auditors: miscellaneous

      13. Part 13

        Auditor General for Wales and auditors

      14. Part 14

        The Commission for Local Administration in England

      15. Part 15

        Ethical standards

      16. Part 16

        Entities controlled etc by local authorities

      17. Part 17

        Valuation tribunals

      18. Part 18

        Patient and public involvement in health

      19. Part 19

        Contracting out

An Act to make provision with respect to local government and the functions and procedures of local authorities and certain other authorities; to make provision with respect to persons with functions of inspection and audit in relation to local government; to establish the Valuation Tribunal for England; to make provision in connection with local involvement networks; to abolish Patients' Forums and the Commission for Patient and Public Involvement in Health; to make provision with respect to local consultation in connection with health services; and for connected purposes.

[30th October 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



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.

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