Section 85 Power to respond to petition or applicationF12 I1

England and Wales

(1)

In any of the following cases where a principal council receive a community governance petition F1or community governance application, it is for the council to decide what action (if any) to take under section 82 (power to undertake review) or 81(4)(b) (power to modify terms of review) in response to that petition F2or application.

(2)

The first case is where—

(a)

section 83 applies (no review being undertaken when petition F3or application received), but

(b)

the duty in section 83(2) does not apply because of section 83(3) (no duty to respond to petition F4or application because previous review concluded in relevant two-year period).

(3)

The second case is where—

(a)

section 84 applies (review being undertaken when petition F5or application received: petition area F6or application area wholly outside area under review), but

(b)

the duty in section 84(2) does not apply because of section 84(3) (no duty to respond to petition F7or application because previous review concluded in relevant two-year period).

(4)

The third case is where these conditions are met—

(a)

a principal council is in the course of undertaking a community governance review of part of the council's area;

(b)

the council receives a community governance petition F8or community governance application which relates to part of the council's area;

(c)

the petition area F9or application area is not wholly outside the area under review.

(5)

The fourth case is where these conditions are met—

(a)

a principal council is in the course of undertaking a community governance review of part of the council's area;

(b)

the council receives a community governance petition F10or community governance application which relates to the whole of the council's area.

(6)

The fifth case is where these conditions are met—

(a)

a principal council is in the course of undertaking a community governance review of the whole of the council's area;

(b)

the council receives a community governance petition F11or community governance application which relates to the whole or part of the council's area.

Annotations

Textual amendments

F1: Words in s. 85(1) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(2)(a)
F2: Words in s. 85(1) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(2)(b)
F3: Words in s. 85(2)(a) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(3)
F4: Words in s. 85(2)(b) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(3)
F5: Words in s. 85(3)(a) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(4)(a)(i)
F6: Words in s. 85(3)(a) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(4)(a)(ii)
F7: Words in s. 85(3)(b) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(4)(b)
F8: Words in s. 85(4)(b) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(5)(a)
F9: Words in s. 85(4)(c) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(5)(b)
F10: Words in s. 85(5)(b) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(6)
F11: Words in s. 85(6)(b) inserted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 7(6)
F12: Words in s. 85 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. 85 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)

Section 85 Power to respond to petition or applicationF12I1