Section 94 Recommendations to create parish councilsI1 C1 C2

(1)

This section applies where a community governance review is required to make any of the following recommendations—

(a)

recommendations under section 87(6) as to whether or not a new parish should have a parish council;

(b)

recommendations under section 88(4)(a) as to whether or not an existing parish should have a parish council.

(2)

If the parish has 1,000 or more local government electors, the review must recommend that the parish should have a council.

(3)

If the parish has 150 or fewer local government electors, the review must recommend that the parish should not have a council.

(4)

But subsection (3) does not apply if any part of the parish mentioned in subsection (1) is currently—

(a)

a parish which has a council, or

(b)

part of such a parish.

(5)

If neither subsection (2) nor (3) applies, it is for the principal council to decide whether or not the parish should have a council.

Annotations

C1: S. 94: functions made exercisable (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 7(3)(k)
C2: S. 94 applied (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 17(k)

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)