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Local Government Act 1972

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55 Review of local government areas in Wales.E+W

(1)It shall be the duty of the Welsh Commission to keep under review all [F1principal areas] in Wales for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made to them by any local authority appearing to the Commission to be interested in any such [F2principal area] that the Commission should make such proposals, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(2)[F3It shall be the duty of each Welsh principal council to keep the whole of their area] under review for the purpose of considering whether or not to make recommendations to the Welsh Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities [F4in their area] as are authorised by section 54 above and what recommendations, if any, to make and the council shall, unless to do so would in their opinion impede the proper discharge of their functions under this Part of this Act, consider any request made with respect to any of those matters by any community council or community meeting appearing to [F5the principal council] to be interested, and [F5the principal council] shall from time to time report to the Commission accordingly.

[F6(2A)Each Welsh principal council must, every fifteen years, publish a report which describes what the council has done in the previous fifteen years in order to discharge its duty to keep the whole of their area under review for the purpose described in subsection (2).

(2B)The council must send a copy of any report published under subsection (2A) to the Welsh Commission.

(2C)The first report under subsection (2A) must be published within four years of the day on which that subsection comes into force.

(2D)Further reports must be published within fifteen years of the date on which the last report under subsection (2A) was published.]

(3)The Welsh Commission shall consider any report made under subsection (2) above with respect to [F7any principal area] in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in [F8that principal area or][F9the principal council] have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of [F10that principal area for] the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4)In any case where the Secretary of State has made an order under section 1 of the M1New Towns Act 1965 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within [F11one principal area], he shall, as soon as practicable after the order has become operative, send to the Welsh Commission a notice stating that the order is in operation and specifying the [F12principal areas] within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission to review the areas of those [F12principal areas] for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5)If in conducting a review under this section the Commission or a [F13principal council] intend to make, or recommend the making of, proposals for a change in local government areas they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any of the following:—

(a)the constitution of a council for a community F14. . . or a group of such communities;

(b)the dissolution of a community council, whether separate or common;

(c)the separation of a community from a group of communities having a common community council;

(d)the addition of a community to a group of communities having a common community council;

(e)the making of provision for electoral arrangements for any community or group of communities which is consequential on any change proposed under the foregoing paragraphs;

[F15(f)the alteration of the boundaries of any preserved county;]

and subsections (1) to (3) above shall apply in relation to proposals for any of those matters and recommendations for such proposals as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

Textual Amendments

F6S. 55(2A)-(2D) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 122, 178(2)

Modifications etc. (not altering text)

C1S. 55: power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwiseprosp.) by 2000 c. 41, ss. 20(3)(b), 163(2)(3)(d) (with s. 156(6))

Marginal Citations

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