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Local Government and Rating Act 1997

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14 Implementation by Secretary of State.E+W

(1)The Secretary of State may, if he thinks fit, by order give effect to—

(a)any recommendations made to him under section 9 (together with any proposals relating to them sent to him by the Local Government Commission for England),

(b)any petition sent to him under section 11 (together with any recommendations sent to him under section 12, and any proposals sent to him by the Commission, relating to the petition),

and may do so with or without modifications.

(2)An order under this section may also make a related alteration of the boundaries of any electoral division of a county, or ward of a district, within the area of the district council, or unitary county council, concerned and any consequential alteration in the number of councillors to be elected for the ward.

(3)An order under this section establishing a parish council must include any provision which appears to the Secretary of State to be necessary for the election of the council in accordance with the M1Local Government Act 1972 and Part I of the M2Representation of the People Act 1983.

(4)An order under this section may direct the district council, or unitary county council, concerned—

(a)to establish a parish council for a new parish constituted by any such order,

(b)to make specified electoral arrangements for the parish council, and

(c)to make specified provision for the election of the parish council in accordance with the M3Local Government Act 1972 and Part I of the M4Representation of the People Act 1983.

(5)The power of the Secretary of State under this section to give effect to a petition sent to him under section 11 or recommendations sent to him under section 12 is not affected by the fact that the petition or recommendations were sent after the end of the periods mentioned in sections 11(4) and 12(7) respectively.

Modifications etc. (not altering text)

C1Ss. 13, 14, 17(4): power to transfer or modify functions conferred (30.11.2000 so far as the section confers power to make an order or regulations and otherwise 30.10.2001) by 2000 c. 41, s. 18(3)(b)(4) (with s. 156(6)); S.I. 2001/3526, art. 2(c)

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