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Part IVS Community Councils

Modifications etc. (not altering text)

53 Amendment of schemes.S

(1)Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of this Act and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals.

[F1(2)The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with—

(a)the notified proposals; or

(b)those proposals as amended to take account of any such representations:

Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above.

(3)A decision of the local authority—

(a)to review, under subsection (1) above; or

(b)to amend, under subsection (2) above,

a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.]

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 53(2)(3) substituted for s. 53(2)–(4) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(1) by Sch. 2 para. 3(2) it is provided that para. 31(1) has no effect as regards the operation of s. 53 in relation to proposals which were submitted to the Secretary of State before 11.6.1981 under s. 53(3))

F2S. 53(4) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(2), Sch. 4 (by Sch. 2 para. 31(2) it is provided that para. 31(1) and, in so far as relating to s. 53, Sch. 4 to that Act have no effect as regards the operation of s. 53 in relation to proposals which, before 11.6.1981, were submitted to the Secretary of State under s. 53(3))