Part 4Parishes
C2Chapter 3Reorganisation
Key terms used
I179Community governance reviews
1
A community governance review is a review of the whole or part of the principal council's area, for the purpose of making recommendations of the kinds set out in sections 87 to 92 (if, and so far as, those sections are applicable).
2
In undertaking a community governance review the principal council must comply with—
a
this Chapter, and
b
the terms of reference of the review.
C1C33
A district council which is to undertake a community governance review must notify the county council for its area (if any)—
a
that the review is to be undertaken, and
b
of the terms of reference of the review (including any modification of those terms).
I280Community governance petitions
1
A community governance petition is a petition for a community governance review to be undertaken.
2
A petition is not a valid community governance petition unless the conditions in subsections (3) to (6) are met (so far as they are applicable).
3
The petition must be signed as follows—
a
if the petition area has fewer than 500 local government electors, the petition must be signed by at least F237.5% of the electors;
b
if the petition area has between 500 and 2,500 local government electors, the petition must be signed by at least F3187 of the electors;
c
if the petition area has more than 2,500 local government electors, the petition must be signed by at least F47.5% of the electors.
4
The petition must—
a
define the area to which the review is to relate (whether on a map or otherwise), and
b
specify one or more recommendations which the petitioners wish a community governance review to consider making.
5
If the specified recommendations include the constitution of a new parish, the petition must define the area of the new parish (whether on a map or otherwise).
6
If the specified recommendations include the alteration of the area of an existing parish, the petition must define the area of the parish as it would be after alteration (whether on a map or otherwise).
7
If the specified recommendations include the constitution of a new parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).
8
If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).
80AF1Community governance applications
1
A community governance application is an application for a community governance review to be undertaken.
2
An application is not a valid community governance application unless the conditions in subsections (3) to (7) are met (so far as they are applicable).
3
The application may be made only by an organisation or body designated as a neighbourhood forum under section 61F of the Town and Country Planning Act 1990.
4
The application must relate to the whole or any part of an area specified in a neighbourhood development plan made under section 38A of the Planning and Compulsory Purchase Act 2004.
5
The application must—
a
define the area to which the review is to relate (whether on a map or otherwise), and
b
specify one or more recommendations which the applicant wishes a community governance review to consider making.
6
If the specified recommendations include the constitution of a new parish, the application must define the area of the new parish (whether on a map or otherwise).
7
If the specified recommendations include the alteration of the area of an existing parish, the application must define the area of the parish as it would be after alteration (whether on a map or otherwise).
8
If the specified recommendations include the constitution of a new parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).
9
If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).
I381Terms of reference of review
1
The terms of reference of a community governance review are the terms on which the review is to be undertaken.
2
The terms of reference of a community governance review must specify the area under review.
3
Sections 83 and 84 make further provision about the terms of reference of community governance reviews.
4
Subject to subsection (2), and sections 83 and 84, it is for a principal council—
a
to decide the terms of reference of any community governance review which the council is to undertake; and
b
to decide what modifications (if any) to make to terms of reference.
5
As soon as practicable after deciding terms of reference, the principal council must publish the terms.
6
As soon as practicable after modifying terms of reference, the principal council must publish the modified terms.
Pt. 4 Ch. 3: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(2)(3)(d), 148(3)(b) (with s. 63(4)); S.I. 2009/3318, art. 4(i)