The Local Government and Public Involvement in Health Act 2007 (Commencement No. 3, Transitional and Saving Provisions and Commencement No. 2 (Amendment)) Order 2008

Councils conducting reviews

4.—(1) This paragraph applies in relation to a council which, immediately before the relevant date, is in the process of conducting, but has not completed a review under section 9 of the 1997 Act.

(2) Sections 9, 10(1) and (2) (procedure on a review), 18, 22 and 24 of the 1997 Act shall continue to have effect, as regards that review, until the council makes, or decides not to make, recommendations under section 9 of that Act; and for this purpose “recommendations”, in relation to a council that has made draft recommendations, means final recommendations.

(3) Section 9 of the 1997 Act, as continued in force by sub-paragraph (2), shall have effect with the following modifications—

(a)in subsection (1) omit “to the Secretary of State”;

(b)for subsection (3), substitute—

“(3) Subject to subsection (4), if the council make any recommendation for the constitution of a new parish, they must include recommendations for—

(a)the establishment of a new parish council for the parish; and

(b)the electoral arrangements for the council.”.

(c)omit subsection (3A);

(d)in subsection (4) omit “, or make the proposals mentioned in subsection (3A),”;

(e)for subsection (5) substitute—

“(5) If the council make a recommendation for the alteration of the area of a parish which has a parish council, they must include recommendations as to what changes (if any) should be made to the electoral arrangements for the council.”; and

(f)for subsection (6) substitute—

“(6) If the council make any recommendations within subsection (2), they may make recommendations for the related alteration of the boundaries of any electoral division of a county, or ward of a district, within their area.”.

(4) After completing the review, the council must decide whether or not to make any recommendations under section 9 of the 1997 Act.

(5) Unless the council decide not to make any recommendations, it must—

(a)prepare draft recommendations and take the steps it considers sufficient to secure that persons who may be interested in them are informed of them and of the period within which representations about them may be made;

(b)deposit copies of the draft recommendations at its principal office and keep the copies available for inspection at that office throughout the period within which representations about them may be made; and

(c)take into consideration any such representations made to the council within that period.

(6) If the council then decides to make any final recommendations it must—

(a)deposit copies of the final recommendations at its principal office;

(b)send any final recommendations under section 9(6) of the 1997 Act to the Electoral Commission; and

(c)take the steps it considers sufficient to secure that persons who may be interested in the final recommendations are informed of them and of the period within which the copies may be inspected.

(7) The final recommendations shall then be treated as recommendations made in a community governance review under Part 4 of the Act; and sections 86 (reorganisation of community governance) and 96 to 100 (publicising outcome, supplementary regulations, orders and regulations, agreements about incidental matters and guidance) of that Act shall apply accordingly.

(8) If the council sends recommendations to the Electoral Commission in accordance with sub-paragraph (6)(b)—

(a)those recommendations shall be treated as recommendations made to the Commission under section 92 of the Act in a community governance review; and

(b)section 92 of that Act shall apply in relation to the recommendations.