Section 3 Invitations, directions and proposals: supplementaryI1

F1(1)

A direction under section 2 or 2A may be given on or after the day on which this subsection comes into force.

(1A)

A direction under section 2 or 2A may only be given where the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.

(2)

A direction under section 2 F2or 2A may specify a date by which a proposal must be made.

(3)

An invitation under section 2 F3or 2A may specify a date by which a proposal may be made.

(4)

A proposal made by virtue of section 2 may not specify an area as one for which there should be a single tier of local government unless the whole or any part of that area is currently a two-tier area (as defined by section 23(2)).

(5)

In responding to an invitation under section 2 F4or 2A, or complying with a direction under F5either of those sections, an authority must have regard to any guidance from the Secretary of State as to—

(a)

what a proposal should seek to achieve;

(b)

matters that should be taken into account in formulating a proposal.

(6)

Where invitations or directions under section 2 F6or 2A are given to more than one authority, any authority that has received an invitation or direction may respond to the invitation, or comply with the direction, either by—

(a)

making its own proposal in accordance with the invitation or direction; or

(b)

making a proposal, in accordance with the invitation or direction, jointly with any of the other authorities.

(7)

An invitation or direction under section 2 F7or 2A may be varied or revoked.

F8(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 3(1)(1A) substituted for s. 3(1) (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 28 para. 1(3)(a)
F2: Words in s. 3(2) inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 28 para. 1(3)(b)
F3: Words in s. 3(3) inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 28 para. 1(3)(c)
F4: Words in s. 3(5) inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 28 para. 1(3)(d)(i)
F5: Words in s. 3(5) substituted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 28 para. 1(3)(d)(ii)
F6: Words in s. 3(6) inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 28 para. 1(3)(e)
F7: Words in s. 3(7) inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 28 para. 1(3)(f)
F8: S. 3(8) omitted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(5), Sch. 28 para. 1(3)(g)

Commencement

I1: S. 3 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)