Part 1E+WStructural and boundary change in England

Chapter 1E+WStructural and boundary change

Modifications etc. (not altering text)

Boundary changeE+W

8Review by [F1Local Government Boundary Commission] of local government areasE+W

(1)The [F2Local Government Boundary Commission] may, either on their own initiative or at the request of the Secretary of State or a local authority, conduct a review of one or more local government areas.

(2)Where they have conducted a review under this section the [F3Local Government Boundary Commission] may (subject to subsection (4)) recommend to the Secretary of State such boundary change as in consequence of the review seems to them desirable.

(3)For the purposes of this section “boundary change” means any of the following or any combination of the following—

(a)the alteration of a local government area boundary;

(b)the abolition of a local government area;

(c)the constitution of a new local government area.

(4)None of the following may be recommended under this section—

(a)a change consisting of the alteration of the boundary of a single-tier area and consequent abolition of an area that is currently two-tier;

(b)a change consisting of the alteration of the boundary of a two-tier area and consequent abolition of an area that is currently single-tier;

(c)a change consisting of the constitution of a new local government area and consequent abolition of an existing local government area, where the new local government area would include—

(i)the whole or part of any area that is currently single-tier; and

(ii)the whole or part of any area that is currently two-tier;

(d)a change consisting of the alteration of a local government area, or constitution of a new local government area, where the altered or new area would extend into an area that is currently outside all local government areas;

(e)a change whose effect would be that England (excluding the Isles of Scilly, the City of London, the Inner Temple and the Middle Temple) is no longer divided into areas each of which is—

(i)a county divided into districts, or comprising one district; or

(ii)a London borough.

(5)Where the [F4Local Government Boundary Commission] have conducted a review under this section and consider that no boundary change is desirable, they may recommend to the Secretary of State that no boundary change should be made.

(6)In considering whether (and, if so, what) boundary change is desirable, the [F5Local Government Boundary Commission] must have regard to—

(a)the need to secure effective and convenient local government; and

(b)the need to reflect the identities and interests of local communities.

[F6(6A)Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to any local government area, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to—

(a)the electoral arrangements of the area of a local authority;

(b)the electoral arrangements of the area of a parish council.

(6B)In subsection (6A)(a) “electoral arrangements”, in relation to the area of a local authority means—

(a)the total number of members of the local authority (“councillors”);

(b)the number and boundaries of electoral areas for the purposes of the election of councillors;

(c)the number of councillors to be returned by any electoral area in that area; and

(d)the name of any electoral area.

(6C)In subsection (6A)(b) “electoral arrangements”, in relation to the area of a parish council means—

(a)the total number of members of the parish council (“parish councillors”);

(b)arrangements for the division of the parish or (in the case of a common parish council) any of the parishes into wards for the purposes of the election of parish councillors;

(c)the number and boundaries of any wards;

(d)the number of parish councillors to be returned by any ward or, in the case of a common parish council, by each parish; and

(e)the name of any ward.

(6D)Schedule 2 to the Local Democracy, Economic Development and Construction Act 2009 applies in relation to the making of recommendations under subsection (6A).

(6E)Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to the area of a London borough council, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to the area of any constituency for the London Assembly in order to comply with the rules set out in paragraph 7 of Schedule 1 to the Greater London Authority Act 1999.]

(7)In exercising a function under [F7this section], a local authority or the [F8Local Government Boundary Commission] must have regard to any guidance from the Secretary of State about the exercise of that function.

(8)A local authority must if requested by the [F9Local Government Boundary Commission] to do so provide the [F10Commission], by such date as the [F10Commission] may specify, with any information that the [F10Commission] may reasonably require in connection with any of their functions under this section.

Textual Amendments

Commencement Information

I1S. 8 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

9 [F11Local Government Boundary Commission's] review: consultation etcE+W

(1)This section applies where the Boundary Committee conduct a review under section 8.

(2)In conducting the review the [F12Local Government Boundary Commission] must consult—

(a)the council of any local government area to which the review relates; and

(b)such other local authorities, parish councils and other persons as appear to them to have an interest.

(3)Before making any recommendation to the Secretary of State the [F13Local Government Boundary Commission] must—

(a)publish a draft of the recommendation; and

(b)take such steps as they consider sufficient to secure that persons who may be interested are informed of—

(i)the draft recommendation; and

(ii)the period within which representations about it may be made to the [F14Commission].

(4)The [F15Local Government Boundary Commission]—

(a)must take into account any representations made to them within that period; and

(b)if they make any recommendation to the Secretary of State, must inform any person who made such representations—

(i)of the recommendation made; and

(ii)that representations about the recommendation may be made to the Secretary of State until the end of four weeks beginning with the recommendation date.

(5)In this section and section 10 “the recommendation date” means the date the recommendation was sent by the [F16Local Government Boundary Commission] to the Secretary of State.

Textual Amendments

Commencement Information

I2S. 9 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

10Implementation of recommendations by orderE+W

(1)Where the [F17Local Government Boundary Commission] make a recommendation to the Secretary of State under section 8(2), the Secretary of State may do any of the following—

(a)by order implement the recommendation, with or without modification;

(b)decide to take no action with respect to the recommendation;

(c)make a request under section 8 for a further review.

(2)Where the [F18Local Government Boundary Commission] make a recommendation to the Secretary of State under section 8(5) the Secretary of State may—

(a)make a request under section 8 for a further review; or

(b)decide not to make such a request.

[F19(2A)Subsections (2B) to (2D) apply where the Local Government Boundary Commission make a recommendation to the Secretary of State under section 8(6A) or (6E) in consequence of a recommendation under section 8(2).

(2B)Where under subsection (1)(a) the Secretary of State implements the recommendation under section 8(2) without modification, the Secretary of State must by order implement the recommendation under section 8(6A) or (6E).

(2C)Where pursuant to subsection (1)(a) the Secretary of State proposes to implement the recommendation under section 8(2) with modification, the Secretary of State must request the Local Government Boundary Commission to recommend whether a modification is needed to their recommendation under section 8(6A) or (6E).

(2D)Where under section (1)(a) the Secretary of State implements a recommendation under section 8(2) with modification—

(a)if the Local Government Boundary Commission have recommended under subsection (2C) that a modification is needed to their recommendation under section 8(6A) or (6E), the Secretary of State must by order implement the recommendation under section 8(6A) or (6E) with that modification;

(b)if the Local Government Boundary Commission have recommended under subsection (2C) that no modification is needed to the recommendation under section 8(6A) or (6E), the Secretary of State must by order implement that recommendation.]

(3)The Secretary of State may not do as mentioned in paragraph (a), (b) or (c) of subsection (1) or paragraph (a) or (b) of subsection (2) before the end of six weeks beginning with the recommendation date (as defined by section 9(5)).

(4)Before doing as mentioned in any of those paragraphs the Secretary of State may request the [F20Local Government Boundary Commission] to provide him with information or advice on any matter relating to the recommendation.

(5)Where they receive such a request the [F21Local Government Boundary Commission] may provide the information or advice requested.

Textual Amendments

Commencement Information

I3S. 10 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)