Part 1Structural and boundary change in England
C1C2C3C4Chapter 1Structural and boundary change
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Somerset West and Taunton (Modification of Boundary Change Enactments) Regulations 2018 (S.I. 2018/638), regs. 1, 3 (with reg. 4)
Pt. 1 Ch. 1 applied (with modifications) (25.5.2018) by The Dorset (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2018 (S.I. 2018/636), regs. 1, 3 (with reg. 4)
Pt. 1 Ch. 1 applied (with modifications) (22.2.2019) by The Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019 (S.I. 2019/332), regs. 1, 3(a) (with reg. 5)
Change from two tiers to single tier of local government
I12Invitations and directions for proposals for single tier of local government
1
The Secretary of State may invite or direct any principal authority to make one of the following proposals—
a
a Type A proposal;
b
a Type B proposal;
c
a Type C proposal;
d
a combined proposal.
2
A Type A proposal is a proposal that there should be a single tier of local government for the area which is the county concerned.
3
A Type B proposal is a proposal that there should be a single tier of local government for an area which—
a
is currently a district, or two or more districts, in the county concerned; and
b
is specified in the proposal.
4
A Type C proposal is a proposal that there should be a single tier of local government for an area specified in the proposal which currently consists of—
a
the county concerned or one or more districts in the county concerned; and
b
one or more relevant adjoining areas.
5
A combined proposal is a proposal that consists of—
a
two or more Type B proposals,
b
two or more Type C proposals, or
c
one or more Type B proposals and one or more Type C proposals,
but a proposal is not a combined proposal if it includes any Type B or C proposals that are alternatives.
6
In this section “the county concerned” means—
a
in relation to a principal authority which is the council for a county, that county;
b
in relation to a principal authority which is the council for a district, the county in which the district is.
7
In this section a “relevant adjoining area” means an area which adjoins the county concerned and is currently a county in England, a district in England, or two or more such counties or districts.
8
An invitation or direction may either—
a
be such that the authority may choose whether to make a Type A, Type B, Type C or combined proposal; or
b
specify which one of those kinds of proposal is invited (or, in the case of a direction, required).
9
Subsection (1) is subject to section 3(1).
Pt. 1 Ch. 1: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(1), 148(3)(b) (with s. 63(3)); S.I. 2009/3318, art. 4(i)