Local Government and Public Involvement in Health Act 2007

Local Government and Public Involvement in Health Act 2007

2007 CHAPTER 28

Commentary on Sections

Part 1: Structural and Boundary Change in England

Introduction

Chapter 1: Structural and Boundary Change

Change from two tiers to single tier of local government

Section 5: Boundary Committee’s powers

30. This section allows the Boundary Committee to provide the advice requested under section 4(2) and also allows the Committee, where such advice is provided, to do one of the following:

• recommend that the Secretary of State implements the proposal;

• recommend that the Secretary of State does not implement the proposal;

• make an alternative proposal to the Secretary of State.

31. Subsection (5) sets out that where the Boundary Committee makes an alternative proposal, it must include the whole or part of the county which was the relevant county in relation to the proposal on which the Boundary Committee was asked for advice.

32. Subsection (7) requires the area specified in an alternative proposal not to extend into an area that is currently outside all local government areas. A local government area is defined in section 23(1) as a county or district in England or a London borough. This means that the area specified in the alternative proposal may not, for example, extend into Wales or the City of London. Subject to that, the area specified can be any area, i.e. it does not have to follow existing county or district boundaries.