Local Government and Public Involvement in Health Act 2007

7 Implementation of proposals by order E+W

(1) Where the Secretary of State has received a proposal in response to an invitation or direction under section 2, he may—

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

(b) if he has received an alternative proposal from the [F1 Local Government Boundary Commission] under section 5, by order implement that alternative proposal with or without modification; or

(c) decide to take no action.

(2) But where the Secretary of State has made a request under section 4 in relation to the proposal received in response to the invitation or direction, he may not make an order or decision under this section before the end of six weeks beginning with the relevant date (as defined by section 6(7)).

(3) The Secretary of State may not in any case make an order under subsection (1)(a) implementing a proposal unless he has consulted the following about the proposal—

(a) every authority affected by the proposal (except the authority or authorities which made it); and

(b) such other persons as he considers appropriate.

(4) For the purposes of this section an authority is “affected by” a proposal if it is a principal authority for an area which is, or any part of which is, in an area that the proposal suggests should have a single tier of local government.

(5) Subsection (3) does not apply if the proposal was made jointly by every authority affected by it, and in that case the Secretary of State may before making an order under subsection (1)(a) (or deciding not to) consult such other persons as he considers appropriate.

(6) In any case where he has received an alternative proposal from the [F2 Local Government Boundary Commission] under section 5, the Secretary of State may request the [F3 Commission] to provide him with information or advice on any matter relating to the proposal.

(7) Where they receive such a request the [F4 Local Government Boundary Commission] may provide the information or advice requested.

Textual Amendments

F1 Words in s. 7(1)(b) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 15(2); S.I. 2009/3318, art. 4(ff)

F2 Words in s. 7(6) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 15(3)(a); S.I. 2009/3318, art. 4(ff)

F3 Word in s. 7(6) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 15(3)(b); S.I. 2009/3318, art. 4(ff)

F4 Words in s. 7(7) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 15(4); S.I. 2009/3318, art. 4(ff)

Modifications etc. (not altering text)

C1 S. 7 restricted (16.12.2010) by Local Government Act 2010 (c. 35), ss. 1(1), 2(2)

Commencement Information

I1 S. 7 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)