Extent Information
E1Part II (ss. 20-38) extends to Wales only: see s. 38
(1)An application under section 28, 29 or 29A above may be made only if—
(a)a poll of the local government electors in the community has been held;
(b)a majority of those voting in the poll supports the proposal; and
(c)in the case of an application under section 29(1)(a), the application is made jointly with the communities to be grouped under the common community council.
(2)In the case of an application under section 29A(1), paragraphs (a) and (b) of subsection (1) above apply in relation to each of the communities concerned.
(3)The consent required by section 29(2)(b) or 29A(3)(b) above may be given by a community meeting only if—
(a)a poll of the local government electors in the community has been held; and
(b)a majority of those voting in the poll supports the proposal.
(4)At any community meeting at which there is discussed a proposal—
(a)for the establishment, or for the dissolution, of a community council,
(b)for the grouping of the community with another community or communities (on an application under section 29(1)(a) or (b) above), under a common community council;
(c)for the separation of the community from the communities with which it is grouped under a common community council;
(d)for the dissolution of the common community council for the communities with which it is grouped;
(e)for the giving of the consent required by section 29(2)(b) or 29A(3)(b) above,
a decision to hold a poll on the question shall be effective only if not less than the required number of local government electors is present and voting.
(5)The required number of local government electors is such number as is equal to 30% of the local government electorate or, if that number exceeds 300, is 300.
(6)No poll shall be held for the purposes of this section before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
(7)Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
(8)Where the result of any poll (“the previous poll”) held for the purposes of this section is the rejection of the proposal with respect to which the poll was held, no further poll on that question shall be held before the end of the period of two years beginning with the date on which the previous poll was held.]
Textual Amendments
F1S. 29B inserted (1.4.1996) by 1994 c. 19, s. 12(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 3, Sch. 1