Part 4Parishes
C1Chapter 3Reorganisation
Undertaking community governance reviews
I1C3C282Council's power to undertake review
A principal council may undertake a community governance review.
I283No review being undertaken: duty to respond to petition F1or application
1
This section applies if these conditions are met—
a
a principal council is not in the course of undertaking a community governance review;
b
the council receives a community governance petition F4or community governance application which relates to the whole or part of the council's area.
2
The principal council must undertake a community governance review that has terms of reference that allow for the petition F5or application to be considered.
3
But the duty in subsection (2) does not apply if—
a
the principal council has concluded a previous community governance review within the relevant two-year period, and
b
in the council's opinion the petition area F6or 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.
I384Review being undertaken: duty to respond to petition F2or application
1
This section applies if the following conditions are met—
a
a principal council is in the course of undertaking a community governance review of part of the council's area (“the current review”);
b
the council receives a community governance petition F7or community governance application which relates to part of the council's area;
c
the petition area F8or application area is wholly outside the area under review.
2
The principal council must follow one of the options in subsection (4), (5) or (6).
3
But the duty in subsection (2) does not apply if—
a
the principal council has concluded a previous community governance review within the relevant two-year period, and
b
in the council's opinion the petition area F9or 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.
4
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 F10or application to be considered.
5
The second option is for the principal council to undertake a community governance review that—
a
is separate from the current review, and
b
has terms of reference that allow for the petition F11or application to be considered.
6
The third option is for the principal council to—
a
modify the terms of reference of the current review,
b
undertake a community governance review that is separate from the current review (“the new review”), and
c
secure that (when taken together)—
i
the terms of reference of the current review (as modified), and
ii
the terms of reference of the new review,
allow for the petition F12or application to be considered.
I485Power to respond to petition F3or application
1
In any of the following cases where a principal council receive a community governance petition F13or 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 F14or application.
2
The first case is where—
a
section 83 applies (no review being undertaken when petition F15or application received), but
b
the duty in section 83(2) does not apply because of section 83(3) (no duty to respond to petition F16or application because previous review concluded in relevant two-year period).
3
The second case is where—
a
b
the duty in section 84(2) does not apply because of section 84(3) (no duty to respond to petition F19or 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 F20or community governance application which relates to part of the council's area;
c
the petition area F21or 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 F22or 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 F23or community governance application which relates to the whole or part of the council's area.
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)