Section 2 Invitations and directions for proposals for single tier of local governmentI1

(1)

The Secretary of State may invite or direct any principal authority to make one of the following proposals—

(a)

a Type A proposal;

(b)

a Type B proposal;

(c)

a Type C proposal;

(d)

a combined proposal.

(2)

A Type A proposal is a proposal that there should be a single tier of local government for the area which is the county concerned.

(3)

A Type B proposal is a proposal that there should be a single tier of local government for an area which—

(a)

is currently a district, or two or more districts, in the county concerned; and

(b)

is specified in the proposal.

(4)

A Type C proposal is a proposal that there should be a single tier of local government for an area specified in the proposal which currently consists of—

(a)

the county concerned or one or more districts in the county concerned; and

(b)

one or more relevant adjoining areas.

(5)

A combined proposal is a proposal that consists of—

(a)

two or more Type B proposals,

(b)

two or more Type C proposals, or

(c)

one or more Type B proposals and one or more Type C proposals,

but a proposal is not a combined proposal if it includes any Type B or C proposals that are alternatives.

(6)

In this section “the county concerned” means—

(a)

in relation to a principal authority which is the council for a county, that county;

(b)

in relation to a principal authority which is the council for a district, the county in which the district is.

(7)

In this section a “relevant adjoining area” means an area which adjoins the county concerned and is currently a county in England, a district in England, or two or more such counties or districts.

(8)

An invitation or direction may either—

(a)

be such that the authority may choose whether to make a Type A, Type B, Type C or combined proposal; or

(b)

specify which one of those kinds of proposal is invited (or, in the case of a direction, required).

(9)

Subsection (1) is subject to section 3(1).

Annotations

Commencement

I1: S. 2 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

Notes on Chapter 1

Modifications

C1: 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)
C2: 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)
C3: 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)
C4: 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)