Part 1 E+W Structural and boundary change in England

Chapter 1 E+W Structural and boundary change

Modifications etc. (not altering text)

C1 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)

C2 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)

C3 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)

C4 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 E+W

2 Invitations and directions for proposals for single tier of local government E+W

(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).

Commencement Information

I1 S. 2 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)