Part 4E+WParishes

Chapter 3E+WReorganisation

Modifications etc. (not altering text)

Undertaking community governance reviewsE+W

85Power to respond to petition [F1or application] E+W

(1)In any of the following cases where a principal council receive a community governance petition [F2or 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 [F3or application].

(2)The first case is where—

(a)section 83 applies (no review being undertaken when petition [F4or application] received), but

(b)the duty in section 83(2) does not apply because of section 83(3) (no duty to respond to petition [F5or 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 [F6or application] received: petition area [F7or 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 [F8or 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 [F9or community governance application] which relates to part of the council's area;

(c)the petition area [F10or 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 [F11or 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 [F12or community governance application] which relates to the whole or part of the council's area.

Textual Amendments

Commencement Information

I1S. 85 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)