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

Part 4E+WParishes

Chapter 3E+WReorganisation

Modifications etc. (not altering text)

C1Pt. 4 Ch. 3: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(2)(3)(d), 148(3)(b) (with s. 63(4)); S.I. 2009/3318, art. 4(i)

Undertaking community governance reviewsE+W

84Review being undertaken: duty to respond to petition [F1or application] E+W

(1)This section applies if the following conditions are met—

(a)a principal council is in the course of undertaking a community governance review of part of the council's area (“the current review”);

(b)the council receives a community governance petition [F2or community governance application] which relates to part of the council's area;

(c)the petition area [F3or application 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 review within the relevant two-year period, and

(b)in the council's opinion the petition area [F4or application 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 85.

(4)The first option mentioned in subsection (2) is for the principal council to modify the terms of reference of the current review so that they allow for the petition [F5or application] 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

(b)has terms of reference that allow for the petition [F6or application] 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

(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 [F7or application] to be considered.

Textual Amendments

F1Words in s. 84 heading inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 8