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(1) The Local Government Act 1972 (c. 70) is amended as follows.
(2) After section 11 insert—
(1) An order under section 11(1) which forms a new group may make the provision set out in subsection (3).
(2) But the order must make that provision in either of these cases—
(a) if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style;
(b) if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style.
(3) The provision referred to in subsections (1) and (2) is—
(a) provision that each of the parishes in the group shall have an alternative style, or
(b) provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style.
(4) Provision made by virtue of subsection (3)(a)—
(a) must provide for each of the parishes to have the same alternative style;
(b) may provide for each of the parishes to have an alternative style which any of them already has;
(c) has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made.
(5) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if—
(a) the parishes in the group do not have an alternative style, and
(b) at least one of the parishes which is to be added has an alternative style.
(6) The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style.
(7) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if—
(a) the parishes in the group have an alternative style, and
(b) at least one of the parishes which is to be added—
(i) has a different alternative style, or
(ii) does not have any of the alternative styles.
(8) The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group.
(9) If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles—
(a) “group of communities”;
(b) “group of neighbourhoods”;
(c) “group of villages”.
(10) As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following—
(a) the Secretary of State;
(b) the Electoral Commission;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any district council or county council within whose area the parish lies.
(1) This section applies if—
(a) the parishes in a group of parishes have an alternative style, and
(b) an order under section 11(4) dissolves the group or separates one or more parishes from the group.
(2) The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.
(3) In subsection (2) “de-grouped parish” means—
(a) in the case of dissolution of the group, each parish in the group;
(b) in the case of separation of one or more parishes from the group, each parish that is separated.”
(3) After section 12 insert—
(1) This section applies to a parish which is not grouped with any other parish.
(2) The appropriate parish authority may resolve that the parish shall have one of the alternative styles.
(3) If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style.
(4) A single resolution may provide for a parish—
(a) to cease to have an alternative style, and
(b) to have another of the alternative styles instead.
(5) As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following—
(a) the Secretary of State;
(b) the Electoral Commission;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any district council, county council or London borough council within whose area the parish lies.
(6) In this section “appropriate parish authority” means—
(a) the parish council, or
(b) if the parish does not have a parish council, the parish meeting.
(1) This section applies to a group of parishes.
(2) The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.
(3) If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.
(4) A single resolution may provide for each of the grouped parishes—
(a) to cease to have an alternative style, and
(b) to have the same one of the other alternative styles instead.
(5) If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—
(a) “group of communities”;
(b) “group of neighbourhoods”;
(c) “group of villages”.
(6) As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—
(a) the Secretary of State;
(b) the Electoral Commission;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any district council, county council or London borough council within whose area the group lies.”
(4) In section 13 (constitution of parish meeting etc) after subsection (5) insert—
“(5A) If the parish has the style of community—
(a) the parish meeting shall have the style of “community meeting”;
(b) the parish trustees shall be known by the name of “The Community Trustees” with the addition of the name of the community.
(5B) If the parish has the style of neighbourhood—
(a) the parish meeting shall have the style of “neighbourhood meeting”;
(b) the parish trustees shall be known by the name of “The Neighbourhood Trustees” with the addition of the name of the neighbourhood.
(5C) If the parish has the style of village—
(a) the parish meeting shall have the style of “village meeting”;
(b) the parish trustees shall be known by the name of “The Village Trustees” with the addition of the name of the village.”
(5) In section 14 (constitution and powers of parish council), after subsection (2) insert—
“(2A) If the parish has the style of community, the council shall be known by the name “The Community Council” with the addition of the name of the community.
(2B) If the parish has the style of neighbourhood, the council shall be known by the name “The Neighbourhood Council” with the addition of the name of the neighbourhood.
(2C) If the parish has the style of village, the council shall be known by the name “The Village Council” with the addition of the name of the village.
(2D) If parishes are grouped under a common parish council—
(a) subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that council as the subsection would apply in the case of the council of an individual parish; but
(b) the names of all of the parishes, communities, neighbourhoods or villages in the group are to be included in the name of the common council.”
(6) In section 15 (chairman and vice-chairman of parish council or meeting), after subsection (10) insert—
“(11) If the parish has the style of community, the chairman and vice-chairman shall (respectively) have the style—
(a) “chairman of the community council”;
(b) “vice-chairman of the community council”.
(12) If the parish has the style of neighbourhood, the chairman and vice-chairman shall (respectively) have the style—
(a) “chairman of the neighbourhood council”;
(b) “vice-chairman of the neighbourhood council”.
(13) If the parish has the style of village, the chairman and vice-chairman shall (respectively) have the style—
(a) “chairman of the village council”;
(b) “vice-chairman of the village council”.
(14) If parishes which have an alternative style are grouped under a common parish council, subsection (11), (12) or (13) (as appropriate) applies to the chairman and vice-chairman of that council as the subsection would apply in the case of the council of an individual parish.”
(7) In section 16 (parish councillors), after subsection (5) insert—
“(6) If the parish has the style of community, the councillors shall have the style of “councillors of the community council”.
(7) If the parish has the style of neighbourhood, the councillors shall have the style of “councillors of the neighbourhood council”.
(8) If the parish has the style of village, the councillors shall have the style of “councillors of the village council”.
(9) If parishes which have an alternative style are grouped under a common parish council, subsection (6), (7) or (8) (as appropriate) applies to the councillors of that council as the subsection would apply in the case of the council of an individual parish.”
(8) Before section 18 (and the cross-heading preceding it) insert—
(1) This section applies for the purposes of sections 9 to 16A.
(2) “Alternative style” means one of the following styles—
(a) “community”;
(b) “neighbourhood”;
(c) “village”.
(3) References to a parish having an alternative style, or a particular alternative style, are references to the parish having that style by virtue of—
(a) a relevant order, or
(b) a resolution under section 12A or 12B.
(4) The provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style are subject to any resolution under section 12A or 12B relating to that parish.
(5) A resolution under section 12A or 12B relating to a parish is subject to any provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style.
(6) A parish shall cease to have an alternative style if the parish begins to have the status of a town by virtue of section 245(6).
(7) In this section “relevant order” means an order under—
(a) section 11 of this Act, or
(b) section 86 of the Local Government and Public Involvement in Health Act 2007.”
(1) The Local Government Act 1972 (c. 70) is amended as follows.
(2) In section 15 (chairman and vice-chairman of parish council)—
(a) in subsection (1) after “from among the” insert “elected”;
(b) in subsection (6) for “a member” substitute “one of the elected members”.
(3) In section 16 (parish councillors), in subsection (1) after “number of” insert “elected”.
(4) After section 16 insert—
(1) A parish council may appoint persons to be councillors of the council.
(2) The Secretary of State may by regulations make provision about—
(a) the appointment of persons under this section;
(b) the holding of office after appointment under this section.
(3) The regulations may, in particular, make provision about any of the following matters—
(a) persons who may be appointed;
(b) the number of persons who may be appointed;
(c) the term of office of persons appointed;
(d) the right of persons appointed to participate in decision-making by the council (including voting);
(e) purposes for which a person appointed is to be treated as an elected councillor;
(f) the filling of vacancies.
(4) In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
(1) Section 1 of the Local Government Act 2000 (c. 22) (meaning of local authority in Part 1 of 2000 Act) is amended as follows.
(2) The provision of that section becomes subsection (1) of section 1.
(3) In subsection (1), after paragraph (a)(v) insert—
“(vi) an eligible parish council,”.
(4) After subsection (1) insert—
“(2) A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.”
(1) The Local Government Act 2000 is amended as follows.
(2) In section 2 (promotion of well-being), after subsection (3) insert—
“(3A) But, in the case of an eligible parish council, that is subject to section 4A.”
(3) After section 4 (strategies for promoting well-being) insert—
(1) The duty in section 4 to prepare a community strategy does not apply to an eligible parish council.
(2) But in exercising the power under section 2(1), an eligible parish council must have regard to any community strategy prepared by a relevant principal council.
(3) In this section “relevant principal council”, in relation to a parish council, means any county council, district council or London borough council whose area the parish lies within.”
(1) A community governance review is a review of the whole or part of the principal council’s area, for the purpose of making recommendations of the kinds set out in sections 87 to 92 (if, and so far as, those sections are applicable).
(2) In undertaking a community governance review the principal council must comply with—
(a) this Chapter, and
(b) the terms of reference of the review.
(3) A district council which is to undertake a community governance review must notify the county council for its area (if any)—
(a) that the review is to be undertaken, and
(b) of the terms of reference of the review (including any modification of those terms).
(1) A community governance petition is a petition for a community governance review to be undertaken.
(2) A petition is not a valid community governance petition unless the conditions in subsections (3) to (6) are met (so far as they are applicable).
(3) The petition must be signed as follows—
(a) if the petition area has fewer than 500 local government electors, the petition must be signed by at least 50% of the electors;
(b) if the petition area has between 500 and 2,500 local government electors, the petition must be signed by at least 250 of the electors;
(c) if the petition area has more than 2,500 local government electors, the petition must be signed by at least 10% of the electors.
(4) The petition must—
(a) define the area to which the review is to relate (whether on a map or otherwise), and
(b) specify one or more recommendations which the petitioners wish a community governance review to consider making.
(5) If the specified recommendations include the constitution of a new parish, the petition must define the area of the new parish (whether on a map or otherwise).
(6) If the specified recommendations include the alteration of the area of an existing parish, the petition must define the area of the parish as it would be after alteration (whether on a map or otherwise).
(7) If the specified recommendations include the constitution of a new parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).
(8) If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).
(1) The terms of reference of a community governance review are the terms on which the review is to be undertaken.
(2) The terms of reference of a community governance review must specify the area under review.
(3) Sections 83 and 84 make further provision about the terms of reference of community governance reviews.
(4) Subject to subsection (2), and sections 83 and 84, it is for a principal council—
(a) to decide the terms of reference of any community governance review which the council is to undertake; and
(b) to decide what modifications (if any) to make to terms of reference.
(5) As soon as practicable after deciding terms of reference, the principal council must publish the terms.
(6) As soon as practicable after modifying terms of reference, the principal council must publish the modified terms.
A principal council may undertake a community governance review.
(1) This section applies if these conditions are met—
(a) a principal council is not in the course of undertaking a community governance review;
(b) the council receives a community governance petition which relates to the whole or part of the council’s area.
(2) The principal council must undertake a community governance review that has terms of reference that allow for the petition to be considered.
(3) But the duty in subsection (2) does not apply if—
(a) the principal council has concluded a previous community governance review within the relevant two-year period, and
(b) in the council’s opinion the petition area covers the whole or a significant part of the area to which the previous review related.
For further provision about this case, see section 85.
(1) This section applies if the following conditions are met—
(a) a principal council is in the course of undertaking a community governance review of part of the council’s area (“the current review”);
(b) the council receives a community governance petition which relates to part of the council’s area;
(c) the petition area is wholly outside the area under review.
(2) The principal council must follow one of the options in subsection (4), (5) or (6).
(3) But the duty in subsection (2) does not apply if—
(a) the principal council has concluded a previous community governance review within the relevant two-year period, and
(b) in the council’s opinion the petition area covers the whole or a significant part of the area to which the previous review related.
For further provision about this case, see section 85.
(4) The first option mentioned in subsection (2) is for the principal council to modify the terms of reference of the current review so that they allow for the petition to be considered.
(5) The second option is for the principal council to undertake a community governance review that—
(a) is separate from the current review, and
(b) has terms of reference that allow for the petition to be considered.
(6) The third option is for the principal council to—
(a) modify the terms of reference of the current review,
(b) undertake a community governance review that is separate from the current review (“the new review”), and
(c) secure that (when taken together)—
(i) the terms of reference of the current review (as modified), and
(ii) the terms of reference of the new review,
allow for the petition to be considered.
(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.
(1) This section applies if a community governance review is undertaken.
Local Government and Public Involvement in Health Act 2007