Local Government Act 1972

56 Power of Secretary of State to direct holding of reviews. E+W

[F1 (1) The Secretary of State may direct the Welsh Commission to conduct a review of—

(a) Wales as a whole,

(b) any one or more local government areas or parts of such areas in Wales, or

(c) any one or more preserved counties or parts of such counties,

for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 54 above and what proposals, if any, to make; and the Commission shall, if they think fit, formulate such proposals accordingly.]

(2) The Secretary of State may, at the request of the Welsh Commission or otherwise, direct [F2 a principal council] in Wales to conduct a review of the whole or any part of [F3 their area] for the purpose of considering whether or not to make recommendations to the Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities in [F3 their area] as are authorised by section 54 above and what recommendations, if any, to make, and to report to the Commission accordingly within a period specified in the direction.

(3) The Welsh Commission shall consider any report made under subsection (2) above with reference to [F4 any principal area] in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in [F5 that principal area] or [F6 the principal council] have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of [F5 that principal area] for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) If a [F7 principal] council fail within the period specified in a direction under subsection (2) above to submit a report to the Welsh Commission, the Secretary of State may direct the Welsh Commission to conduct the review which the [F7 principal] council were directed to conduct for the purpose of considering whether or not to make any such proposals as aforesaid and what, if any, proposals to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

[F8 (4A) A direction given to the Welsh Commission under subsection (4) may require the principal council to pay to the Commission such sum as is specified, or calculated according to a formula contained, in the direction.

(4B) Any dispute as to the sum payable under the direction is to be determined by the Welsh Ministers.

(4C) Any sum payable under a direction under subsection (4) is to be recoverable as a debt due to the Welsh Commission.]

(5) If in conducting a review under this section the Commission or a [F9 principal] council intend to make, or recommend the making of, proposals for a change in [F10 any areas], they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any such matters as are mentioned in section 55(5) above, and subsections (1) to (3) of that section shall apply in relation to such proposals and recommendations as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

Textual Amendments

F1 S. 56(1) substituted (24.10.1994) by 1994 c. 19, s. 1(3), Sch. 2 para. 5 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2790, art. 2(1), Sch.

F2 Words in s. 56(2) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 9(1)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F3 Words in s. 56(2) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 9(1)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F4 Words in s. 56(3) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 9(2)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F5 Words in s. 56(3) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 9(2)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F6 Words in s. 56(3) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 9(2)(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F7 Words in s. 56(4) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 9(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F8 S. 56(4A)-(4C) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 125, 178(2)

F9 Words in s. 56(5) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 9(4)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F10 Words in s. 56(5) substituted (24.10.1994) by 1994 c. 19, s. 66(5), Sch. 15 para. 9(4)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2790, art. 2(1), Sch.

Modifications etc. (not altering text)

C1 S. 56: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))