Local Government and Public Involvement in Health Act 2007 (c. 28)

(The document as of February, 2008)

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(2) For subsection (1) substitute--

" (1) A local authority--

(a) in England may not hold more than one referendum in any period of ten years;

(b) in Wales may not hold more than one referendum in any period of five years. "

(3) In subsection (9) after "section 27" insert "or 33K".

(4) Section 45 as amended by subsection (1) applies to referendums held before, and referendums held after, this section comes into force.

70 Interpretation

(1) Section 48 of the Local Government Act 2000 (c. 22) is amended as follows.

(2) In subsection (1) in the definition of "executive leader", for "section 11(3)(a)" substitute "section 11(2A)(a) or (3)(a)".

(3) In subsection (1) insert the following definition at the appropriate place--

" "ordinary day of election", in relation to a local authority, means the day of ordinary elections of councillors of the authority, " .

(4) After subsection (1) insert--

" (1A) In this Part "relevant election years", in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority.

Type of local authority	Relevant election years
Metropolitan district	2010 and every fourth year afterwards
County	2009 and every fourth year afterwards
London borough	2010 and every fourth year afterwards
Non-metropolitan district	2011 and every fourth year afterwards "

71 Larger authorities to cease operating alternative arrangements

(1) This section applies to a local authority if--

(a) the authority is operating alternative arrangements, and

(b) the resident population of the authority's area on 30th June 1999 was 85,000 or more.

(2) The local authority must draw up proposals for--

(a) ceasing to operate alternative arrangements, and

(b) starting to operate executive arrangements which provide for a leader and cabinet executive (England).

(3) The proposals must include all of the following--

(a) a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England);

(b) a timetable with respect to the implementation of the proposals;

(4) The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority's annual meeting in 2009.

(5) After drawing up the proposals, the local authority must--

(a) secure that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at all reasonable times, and

(b) publish in one or more newspapers circulating in its area a notice which--

(i) states that the authority has drawn up the proposals,

(ii) describes the main features of the proposals,

(iii) states that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(iv) specifies the address of the principal office.

(6) A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England).

(7) Section 29(2) of the Local Government Act 2000 (c. 22) applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements.

(8) If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals.

(9) Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000.

(10) In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section.

(11) For the purposes of this section the resident population of any area on 30th June 1999 is to be taken to be the Registrar General's estimate of that population on that date.

72 Failure to cease operating alternative arrangements

(1) This section applies if--

(a) section 71 applies to a local authority, and

(b) it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority's annual meeting in 2009.

(2) The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England).

(3) The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority's annual meeting in 2009.

(4) Arrangements which the Secretary of State specifies under subsection (2) are to be treated as having been made by the local authority itself.

(5) Arrangements which come into operation in accordance with subsection (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000 (c. 22).

(6) As soon as practicable after executive arrangements are specified under subsection (2), the local authority must comply with the following provisions of the Local Government Act 2000--

(a) section 29(2)(a);

(b) section 29(2)(b)(ii) to (v).

73 Sections 71 and 72: supplementary

(1) Section 33C of the Local Government Act 2000 does not apply to a local authority to which section 71 applies.

(2) Section 33I(1) of the Local Government Act 2000 is subject to sections 71 and 72.

(3) Subsection (4) applies to a local authority which--

(a) starts to operate a leader and cabinet executive (England) in accordance with section 71 or 72, and

(b) draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive).

(4) For the purposes of section 33L of the Local Government Act 2000, the first permitted resolution period is to be the period which--

(a) starts with 1 October 2010, and

(b) ends with 31 December 2010;

(rather than the other period ending with 31 December 2010 that is specified in the table in section 33O(5) of the Local Government Act 2000).

(5) Expressions used in section 71 or 72 that are also used in Part 2 of the Local Government Act 2000 have the same meanings in that section as in that Part.

74 Further amendments & transitional provision

(1) Schedule 3 (executives: further amendments) has effect.

(2) Schedule 4 (new arrangements for executives: transitional provision) has effect.

Part 4 Parishes

Chapter 1 Parishes

75 Parishes: alternative styles

(1) The Local Government Act 1972 (c. 70) is amended as follows.

(2) After section 11 insert--

" 11A Grouping: alternative styles

(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";

(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;

(d) the Director General of the Ordnance Survey;

(e) any district council or county council within whose area the parish lies.

11B De-grouping: alternative styles

(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--

" 12A Parishes: alternative styles

(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;

(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.

12B Groups of parishes: alternative styles

(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";

(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;

(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--

" 17A Alternative styles: supplementary

(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";

(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. "

76 Appointed councillors

(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--

" 16A Appointed councillors

(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;

(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. "

Chapter 2 Power to promote well-being

77 Extension of power to certain parish councils

(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. "

78 Community strategies

(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--

" 4A Strategies: parishes

(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. "

Chapter 3 Reorganisation

Key terms used

79 Community governance reviews

(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).

80 Community governance petitions

(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--

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