Local Government and Public Involvement in Health Act 2007

Yn ddilys o 13/02/2008

75 Parishes: alternative styles E+W

(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.”