Local Government and Public Involvement in Health Act 2007

Valid from 13/02/2008

85 Power to respond to petition E+W

(1) In any of the following cases where a principal council receive a community governance petition, it is for the council to decide what action (if any) to take under section 82 (power to undertake review) or 81(4)(b) (power to modify terms of review) in response to that petition.

(2) The first case is where—

(a) section 83 applies (no review being undertaken when petition received), but

(b) the duty in section 83(2) does not apply because of section 83(3) (no duty to respond to petition because previous review concluded in relevant two-year period).

(3) The second case is where—

(a) section 84 applies (review being undertaken when petition received: petition area wholly outside area under review), but

(b) the duty in section 84(2) does not apply because of section 84(3) (no duty to respond to petition because previous review concluded in relevant two-year period).

(4) The third case is where these conditions are met—

(a) a principal council is in the course of undertaking a community governance review of part of the council's area;

(b) the council receives a community governance petition which relates to part of the council's area;

(c) the petition area is not wholly outside the area under review.

(5) The fourth case is where these conditions are met—

(a) a principal council is in the course of undertaking a community governance review of part of the council's area;

(b) the council receives a community governance petition which relates to the whole of the council's area.

(6) The fifth case is where these conditions are met—

(a) a principal council is in the course of undertaking a community governance review of the whole of the council's area;

(b) the council receives a community governance petition which relates to the whole or part of the council's area.