PART 5 Petitions

Petitions not received by the Secretary of State before the relevant date

9.—(1) This paragraph applies in relation to any petition under section 11 of the 1997 Act as regards which the condition set out in sub-paragraph (2) is met; and which was not received by the Secretary of State before the relevant date.

(2) The condition mentioned in sub-paragraph (1) is that before the relevant date—

(a) the council which received the petition was under a duty by virtue of section 11(1) of the 1997 Act to send the petition to the Secretary of State; or

(b) the council had decided to send the petition to the Secretary of State in accordance with section 11(3) of that Act.

(3) With the exception of section 80(3) to (8), Part 4 of the Act shall apply in relation to the petition as if it were a valid community governance petition under section 80 of the Act.

Petitions received by the Secretary of State before the relevant date

10.—(1) This paragraph applies in relation to a petition under section 11 of the 1997 Act received by the Secretary of State before the relevant date.

(2) The Secretary of State may agree with the council which sent the petition that—

(a) the petition shall not to be dealt with by her but shall instead be treated as if it constituted recommendations made in a community governance review for the constitution of a new parish under section 87 of the Act; and

(b) sections 86 and 96 to 100 of that Act shall apply accordingly.

(3) For the purposes of sub-paragraph (2), a petition is “dealt with” when the Secretary of State—

(a) notifies the council which sent the petition that she has decided not to make an order under section 14 giving effect to the petition; or

(b) makes an order under section 14 giving effect to the petition (with or without modifications).

(4) If related proposals for the electoral arrangements for a proposed parish council were received by the Electoral Commission before the relevant date under section 12(4) of the 1997 Act, the Electoral Commission may agree with the council that—

(a) the proposals shall be treated as if they were recommendations made in a community governance review under Part 4 of the Act; and

(b) sections 86 and 96 to 100 of the Act shall apply accordingly.

(5) If the Electoral Commission has not dealt with the proposals before 3rd March 2008—

(a) the proposals shall be treated as if they were recommendations made in a community governance review under Part 4 of the Act; and

(b) sections 86 and 96 to 100 shall apply accordingly.

(6) For the purposes of sub-paragraph (5), a proposal is “dealt with” when the Electoral Commission—

(a) notifies the council that it has decided not to make an order under section 14 of the 1997 Act giving effect to the proposal; or

(b) makes an order under section 14 of that Act giving effect to the proposal.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings the following provisions of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) into force on 13th February 2008: sections 75 and 79 to 102, section 241 (partially), Schedule 5, with the exception of paragraph 7, and Schedule 18 (partially).

It also amends article 7(3) of the Local Government and Public Involvement in Health Act 2007 (Commencement No. 2) Order 2008 in relation to the commencement of section 191 of the 2007 Act which is concerned with the investigations and findings of ethical standards officers.

Section 75 of the 2007 Act inserts sections 11A, 11B, 12A, 12B and 17A into the Local Government Act 1972 and amends sections 13 to 16 of that Act. The provisions relate, broadly, to parishes, parish councils and parish meetings, to chairmen and vice-chairmen of parish councils and parish meetings and to parish councillors.

Sections 79 to 102 deal, broadly, with reviews of their areas by English district councils, by English county councils for areas where there are no district councils and by London borough councils. Those sections replace Part 2 of the Local Government and Rating Act 1997 which is repealed by section 241 of, and Part 4 of Schedule 18 to, the 2007 Act.

Schedule 5 makes further amendments to the Local Government Act 1972 in consequence of sections 79 to 100 of the 2007 Act. (Paragraph 7, which is not commenced by this Order, amends section 137 of that Act.)

The Schedule to the Order contains transitional and saving provisions relevant to the coming into force of the repeal of Part 2 of the Local Government and Rating Act 1997.

Further information about the new sections and the amendments may be found in the Explanatory Notes to the 2007 Act which may be accessed at www.opsi.gov.uk..

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:

The following provisions of the Act will be brought into force by a commencement order made before the date of this Order: