Section 84 Review being undertaken: duty to respond to petition or applicationF7I1
England and Wales
This section applies if the following conditions are met—
a principal council is in the course of undertaking a community governance review of part of the council's area (“the current review”);
the council receives a community governance petition F1or community governance application which relates to part of the council's area;
the petition area F2or application area is wholly outside the area under review.
The principal council must follow one of the options in subsection (4), (5) or (6).
But the duty in subsection (2) does not apply if—
the principal council has concluded a previous community governance review within the relevant two-year period, and
in the council's opinion the petition area F3or application 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.
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 F4or application to be considered.
The second option is for the principal council to undertake a community governance review that—
is separate from the current review, and
has terms of reference that allow for the petition F5or application to be considered.
The third option is for the principal council to—
modify the terms of reference of the current review,
undertake a community governance review that is separate from the current review (“the new review”), and
secure that (when taken together)—
the terms of reference of the current review (as modified), and
the terms of reference of the new review,
allow for the petition F6or application to be considered.
Annotations
Textual amendments
- F1
Words in s. 84(1)(b) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 6(2)
- F2
Words in s. 84(1)(c) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 6(3)
- F3
Words in s. 84(3)(b) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 6(3)
- F4
Words in s. 84(4) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 6(4)
- F5
Words in s. 84(5)(b) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 6(4)
- F6
Words in s. 84(6) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 6(4)
- F7
Words in s. 84 heading inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 8
Commencement
- I1
S. 84 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)
Notes on Chapter 3
Modifications
- C1
Pt. 4 Ch. 3: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(2)(3)(d), 148(3)(b) (with s. 63(4)); S.I. 2009/3318, art. 4(i)