Part 1Structural and boundary change in England
C1C3C4C5Chapter 1Structural and boundary change
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)
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)
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
I1C27Implementation of proposals by order
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 F1Local 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
7
Where they receive such a request the F4Local Government Boundary Commission may provide the information or advice requested.
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)