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Local Government and Rating Act 1997

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This is the original version (as it was originally enacted).

12Views of local authority about the petition

(1)The views which a district council or unitary county council send to the Secretary of State (together with a petition) under section 11 must—

(a)show whether or not they agree with the proposals contained in the petition, and

(b)summarise any information the council have about the opinions held by local government electors in their area about the proposals,

and may contain any other information or observations they think fit.

(2)Where a district council or unitary county council receive a petition which they propose to send to the Secretary of State under section 11 and decide to consider—

(a)the electoral arrangements for the proposed parish council, or

(b)the related alteration of the boundaries of any electoral division of a county, or ward of a district, within their area and any consequential alteration in the number of councillors for that ward,

they must inform the Secretary of State of their decision when they send him the petition.

(3)Further, if the council decide to consider either of those matters, they must—

(a)as soon as reasonably practicable take the steps they consider sufficient to secure that persons who may be interested in any of those matters are informed of the period within which representations about them may be made, and

(b)take into consideration any representations about those matters made to them within the period.

(4)If the council then decide to make any recommendations to the Secretary of State about those matters, they must send them to the Secretary of State and, as soon as they do so—

(a)deposit copies of the recommendations at their principal office, and

(b)take the steps they consider sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which the copies may be inspected.

(5)Further, the council must keep the copies available for inspection at their principal office throughout the period within which they may be inspected.

(6)If the council decide not to make any recommendations to the Secretary of State about those matters, they must inform him of their decision as soon as reasonably practicable.

(7)Any recommendations about those matters must be sent to the Secretary of State before the end of the period of six months beginning with the day when the council received the petition.

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