Local Government and Public Involvement in Health Act 2007

5 [F1 Local Government Boundary Commission's] powers E+W

(1) This section applies where the [F2 Local Government Boundary Commission] receive a request for advice under section 4.

(2) The [F3 Local Government Boundary Commission] may provide the advice requested.

(3) Where they provide that advice, the [F4 Local Government Boundary Commission] 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.

Textual Amendments

F1 Words in s. 5 heading substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 13(2); S.I. 2009/3318, art. 4(ff)

F2 Words in s. 5(1) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 13(3); S.I. 2009/3318, art. 4(ff)

F3 Words in s. 5(2) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 13(3); S.I. 2009/3318, art. 4(ff)

F4 Words in s. 5(3) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 13(3); S.I. 2009/3318, art. 4(ff)

Commencement Information

I1 S. 5 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)