OpenLegislation

Section 93 Duties when undertaking a reviewI1C1C2

England and Wales

(1)

The principal council must comply with the duties in this section when undertaking a community governance review.

(2)

But, subject to those duties, it is for the principal council to decide how to undertake the review.

(3)

The principal council must consult the following—

(a)

the local government electors for the area under review;

(b)

any other person or body (including a local authority) which appears to the principal council to have an interest in the review.

(4)

The principal council must have regard to the need to secure that community governance within the area under review—

(a)

reflects the identities and interests of the community in that area, and

(b)

is effective and convenient.

(5)

In deciding what recommendations to make, the principal council must take into account any other arrangements (apart from those relating to parishes and their institutions)—

(a)

that have already been made, or

(b)

that could be made,

for the purposes of community representation or community engagement in respect of the area under review.

(6)

The principal council must take into account any representations received in connection with the review.

(7)

As soon as practicable after making any recommendations, the principal council must—

(a)

publish the recommendations; and

(b)

take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of those recommendations.

C3C4(8)

The principal council must conclude the review within the period of 12 months starting with the day on which the council F1receives the community governance petition or community governance application.

Annotations

Textual amendments

F1

Words in s. 93(8) substituted (E.) (27.3.2015) by The Legislative Reform (Community Governance Reviews) Order 2015 (S.I. 2015/998), arts. 1(3), 10

Modifications

C1

S. 93: functions made exercisable (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 7(3)(j)

C2

S. 93 applied (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 17(j)

C3

S. 93(8) modified by S.I. 2008/2113, reg. 7(5)(6) (as inserted (E.) (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(2))

C4

S. 93(8) modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 14(5)(a) (with reg. 1(2)(3))

Commencement

I1

S. 93 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)