Local Government Act 1992

13 Duty to conduct reviews and make recommendations. E+W

(1) If the Secretary of State so directs, the Local Government Commission shall, in accordance with this Part and any directions given under it—

(a) conduct a review of such areas in England as are specified in the direction or are of a description so specified; and

(b) recommend to the Secretary of State as respects each of those areas either—

(i) that he should make such structural, boundary or electoral changes as are specified in the recommendations; or

(ii) that he should make no such changes.

[F1 (1A) If the Secretary of State so directs, the Local Government Commission shall, in accordance with this Part and any directions given under it—

(a) conduct a review of such areas in England as are specified in the direction or are of a description so specified; and

(b) recommend to the Secretary of State as respects each of those areas either—

(i) that he should make such parish boundary changes or parish electoral changes as are specified in the recommendations; or

(ii) that he should make no such changes.

(1B) Recommendations under subsection (1A) above for parish boundary changes may include recommendations for the related alteration of the boundaries of any electoral division of a county or ward of a district and any consequential alteration in the number of councillors to be elected for the ward.

(1C) For the purposes of subsections (1A) and (1B) above—

(a) a parish boundary change means a boundary change which is the alteration of the area of a parish, the constitution of a new parish or the abolition of a parish; and

(b) a parish electoral change means an electoral change which is a change of the electoral arrangements mentioned in section 14(4)(b) below]

(2) It shall also be the duty of the Local Government Commission—

(a) independently of any reviews under subsection (1) above, to conduct periodic reviews of every principal area in England for the purpose of determining whether recommendations should be made for electoral changes in that area; and

(b) as respects any area reviewed, to recommend to the Secretary of State either—

(i) that he should make such electoral changes as are specified in the recommendations; or

(ii) that he should make no such changes.

(3) So far as reasonably practicable, the first periodic review of any area under subsection (2) above shall be conducted not less than ten or more than fifteen years after the report of the Local Government Boundary Commission for England on a review under Schedule 9 to the 1972 Act (initial review of counties) was submitted to the Secretary of State in relation to the county in which that area, or the greater part of it, was comprised.

(4) So far as reasonably practicable, subsequent reviews under subsection (2) above shall be conducted within the period of not less than ten or more than fifteen years from the submission to the Secretary of State of the last report on a review under that subsection of any area comprising the whole or a substantial part of that area.

(5) Any structural, boundary or electoral changes recommended to the Secretary of State under this section shall be such as appear to the Local Government Commission desirable having regard to the need—

(a) to reflect the identities and interests of local communities; and

(b) to secure effective and convenient local government.

(6) The Secretary of State may give directions as to the exercise by the Local Government Commission of any functions under this section; and such directions may require that Commission to have regard to any guidance given by the Secretary of State as respects matters to be taken into account.

Textual Amendments

F1 S. 13(1A)-(1C) inserted (19.5.1997) by 1997 c. 29, ss. 19(1), 34(2) (with s. 25)

Modifications etc. (not altering text)

C1 S. 13: power to transfer or modify functions conferred (30.11.2000) by 2000 c. 41, ss. 18(3)(a), 163(3)(d) (with s. 156(6))