Local Government (Wales) Act 1994

9 Establishment, dissolution and grouping etc. of community councils. E+W

For section 28 of the 1972 Act substitute—

“28 Establishment or dissolution of community councils.

(1) A community meeting of a community which does not have a separate community council may apply to the principal council within whose area it lies for an order establishing a council for the community.

(2) A community meeting of a community which has a separate community council may apply to the principal council within whose area it lies for an order dissolving the community council.

(3) If, on any application under this section, the principal council are satisfied that the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, they shall make the order applied for.

(4) An order under this section establishing a separate community council for a community shall make such provision as appears to the council making it to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the M1 People Act 1983.

(5) An order under this section establishing a separate community council for a community grouped under a common community council shall not be made unless—

(a) the community is separated from the group, or

(b) the group is dissolved,

by the order, or by an order under section 29A below.

(6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council making it to be necessary for the alteration of the group’s community council.

(7) Subject to section 30 below, an application under subsection (1) or (2) above may be made at any time.

(8) This section is subject to section 29B below.”

Marginal Citations

M1 1983 c. 2.