Change 1 Article Choose an article Title and introductory text 1 New local government areas in England. 2 Constitution of principal councils in England. 3 Chairman. 4 Election of chairman. 5 Vice-chairman. 6 Term of office and retirement of councillors. 7 Elections of councillors. 8 Constitution and membership of Greater London Council and London borough councils. 9 Parish meetings and councils. 10 Power to dissolve parish councils in small parishes. 11 Orders for grouping parishes, dissolving groups and separating parishes from groups. 11A Grouping: alternative styles 11B De-grouping: alternative styles 12 Provision supplementary to sections 9 to 11. 12A Parishes: alternative styles 12B Groups of parishes: alternative styles 13 Constitution of parish meeting, etc. 14 Constitution and powers of parish council. 15 Chairman and vice-chairman of parish council or meeting. 16 Parish councillors. 16A Appointed councillors 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17A Alternative styles: supplementary 18 Establishment of new authorities in England. 19 Extent of Part I. 20 New principal local government areas in Wales. 21 Constitution of principal councils in Wales. 22 Chairman. 23 Election of chairman. 24 Vice-chairman. 24A Presiding member 24B Deputy presiding member 25 Term of office and retirement of councillors. 25A Title of chairman or vice-chairman of county borough council. 25B Title of civic chair 26 Elections of councillors. 27 Community meetings and continuation of community councils. 27A Power of community meeting to apply for an order establishing a community council 27B Orders establishing separate community councils for communities 27C Power of community meeting to apply for an order dissolving its separate community council 27D Orders dissolving separate community councils for communities 27E Power of community meeting to apply for an order grouping its community with other communities under a common community council 27F Orders grouping a community with other communities under a common community council 27G Power of community meeting to apply for an order adding its community to a group of communities with a common council 27H Orders adding a community to a group of communities with a common council 27I Power of council for a group of communities to apply for an order dissolving the group 27J Orders dissolving a group of communities 27K Power of community meeting to apply for an order separating community from a group of communities 27L Orders separating a community from a group of communities 27M Power of Welsh Ministers to alter voting thresholds in connection with organisation of community councils 28 Establishment or dissolution of community councils. 29 Community councils for groups of communities. 29A Community councils for groups of communities: dissolution. 29B Community councils: applications under section 28, 29 or 29A. 30 Restriction on community applications during and after reviews. 31 Provision supplementary to sections 27A to 27L. 32 Constitution of community meeting. 33 Constitution and powers of community councils. 33A Consultation with community councils. 33B Principal council's response to a community poll 33C Principal council's explanation of its response to a community poll 34 Chairman and vice-chairman of community council. 35 Community councillors. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Establishment of principal councils in Wales. 38 Extent of Part II. 39–45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Local Government Boundary Commission for Wales. 54 Proposals for changes in local government areas in Wales. 55 Review of local government areas in Wales. 56 Power of Secretary of State to direct holding of reviews. 57 Substantive changes in electoral arrangements. 57A Exercise of functions by the Welsh Commission on behalf of principal councils 58 Commission’s reports and their implementation. 59 Directions about reviews. 60 Procedure for reviews. 61 Local inquiries. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Review of electoral arrangements for Welsh principal areas. 65 Delegation of functions of Commission. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Consequential and transitional arrangements relating to Part IV. 68 Transitional agreements as to property and finance. 69 Variation and revocation of orders under Part IV, etc. 70 Restriction on promotion of Bills for changing local government areas, etc. 71 Modification of seaward boundaries of local government areas. 72 Accretions from the sea, etc. 73 Alteration of local boundaries consequent on alteration of water-course. 74 Change of name of county, district or London borough. 75 Change of name of parish. 76 Change of name of community. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Supplementary. 79 Qualifications for election and holding office as member of local authority. 80 Disqualifications for election and holding office as member of a local authority in England. 80A Disqualification for election or being a member of a local authority in Wales 80B Disqualification for being a member of a local authority in Wales and holding local office or employment 80C Paid office or employment to which disqualification applies 81 Exceptions to provisions of section 80. 81A Disqualification relating to sexual offences etc (England) 82 Validity of acts done by unqualified persons. 83 Declaration of acceptance of office. 84 Resignation. 85 Vacation of office by failure to attend meetings. 86 Declaration by local authority of vacancy in office in certain cases. 87 Date of casual vacancies. 88 Filling of casual vacancy in case of chairman, etc. 89 Filling of casual vacancies in case of councillors. 90 Term of office of persons filling casual vacancies. 91 Temporary appointment of members of parish and community councils. 92 Proceedings for disqualification. 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Disability of members of authorities for voting on account of interest in contracts, etc. 95 Pecuniary interests for purposes of section 94. 96 General notices and recording of disclosures for purposes of section 94. 97 Removal or exclusion of disability, etc. 98 Interpretation of sections 95 and 97. 99 Meetings and proceedings of local authorities. 100 Admission of public and press to local authority committee meetings. 100A Admission to meetings of principal councils. 100B Access to agenda and connected reports. 100BA Access to agenda and connected reports: principal councils in Wales 100C Inspection and publication of minutes and other documents after meetings. 100D Inspection and publication of background papers. 100E Application to committees and sub-committees. 100EA Inspection of records relating to functions exercisable by members 100F Additional rights of access to documents for members of principal councils. 100G Principal councils to publish additional information. 100H Supplemental provisions and offences. 100I Exempt information and power to vary Schedule 12A. 100J Application to new authorities, Common Council, etc. 100K Interpretation and application of Part VA. 101 Arrangements for discharge of functions by local authorities. 102 Appointment of committees. 103 Expenses of joint committees. 104 Disqualification for membership of committees and joint committees. 105 Disability for voting on account of interest in contracts, etc. 106 Standing orders. 107 Application of foregoing provisions to the Common Council. 108 Committees of parish meetings. 109 Conferring functions of parish council on parish meeting. 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Subsidiary powers of local authorities. 112 Appointment of staff. 113 Placing of staff of local authorities at disposal of other local authorities. 114 Security to be taken in relation to officers. 115 Accountability of officers. 116 Members of local authorities in England not to be appointed as officers. 116A Members of local authorities in Wales not to be appointed as officers 117 Disclosure by officers of interest in contracts. 118 Payment of salary, etc., due to mentally disordered person. 119 Payments due to deceased officers. 120 Acquisition of land by agreement by principal councils. 121 Acquisition of land compulsorily by principal councils. 122 Appropriation of land by principal councils. 123 Disposal of land by principal councils. 123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Acquisition of land by agreement by parish and community councils. 125 Compulsory acquisition of land on behalf of parish or community councils. 126 Appropriation of land by parish and community councils and by parish meetings. 127 Disposal of land held by parishes and communities. 128 Consents to land transactions by local authorities and protection of purchasers. 128A Statutory trust discharge orders 128B Applications for statutory trust discharge orders 128C Applications where land has been divided up 128D The qualifying conditions 128E The new publicity requirements 128F Previous advertisement procedure: co-operation by councils etc and presumption 128G Making statutory trust discharge orders 128H Sections 128A to 128G: interpretation and application to the Crown 129 Payment of purchase or compensation money by one local authority to another. 130 Acquisition by local authorities of lands belonging to the Duchy of Lancaster. 131 Savings. 132 Provision of offices, etc. by principal councils. 133 Provision of parish and community buildings. 134 Use of schoolroom, etc. in parish or community. 135 Contracts of local authorities. 136 Contributions towards expenditure on concurrent functions. 137 Power of local authorities to incur expenditure for certain purposes not otherwise authorised. 137A Financial assistance to be conditional on provision of information. 138 Powers of principal councils with respect to emergencies or disasters. 138A Prayers and other observances 138B Involvement with religious events and events connected with a belief 138C Application of sections 138A and 138B to other authorities 139 Acceptance of gifts of property. 140 Insurance by local authorities against accidents to members. 140A Insurance of voluntary assistants of local authorities. 140B Insurance of voluntary assistants of probation committee. 140C Provisions supplementary to sections 140A, 140B. 140D Application of sections 140, 140A and 140C to corporate joint committees 141 Research and the collection of information. 142 Provision of information, etc., relating to matters affecting local government. 143 Subscriptions to local government associations. 144 Power to encourage visitors and provide conference and other facilities. 145 Provision of entertainments. 146 Transfer of securities on alteration of area, etc. 146A Joint Authorities and Inner London Education Authority. 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Principal councils’ funds and accounts. 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Expenses of parish and community councils. 151 Financial administration. 152 Revenues from undertakings. 153 Application of capital money on disposal of land. 154–167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Local financial returns. 169 Initial expenses of new authorities. 170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Miscellaneous amendments of enactments relating to finance and rating. 173 Attendance allowance and financial loss allowance. 173A Right to opt for financial loss allowance. 174 Travelling allowance and subsistence allowance. 175 Allowances for attending conferences and meetings. 176 Payment of expenses of official and courtesy visits, etc. 177 Provisions supplementary to sections 173 to 176. 177A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Regulations as to allowances. 179 General provision for transfer of functions. 180 Public health. 181 Water and sewerage. 182 Town and Country Planning. 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 National Park and countryside functions. 185 Town development. 186 Traffic and transportation functions. 187 Local highway authorities and maintenance powers of district councils. 188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Commons. 190 Sites for gipsy encampments. 191 Ordnance survey. 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Social services functions. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Fire services. 198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Public transport in passenger transport areas. 203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 Licensing: licensed premises, cinemas, theatres and refreshment houses. 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Public libraries and museums (England). 207 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 Amendments of Public Libraries and Museums Act 1964. 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Charities. 211 Welsh Church funds. 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 Local licence duties. 214 Cemeteries and crematoria. 215 Maintenance of a closed churchyard. 216 Adaptation of law relating to old counties. 217 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 Sheriffs and under-sheriffs. 220 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 Abolition of borough civil courts. 222 Power of local authorities to prosecute or defend legal proceedings. 223 Appearance of local authorities in legal proceedings. 224 Arrangements by principal councils for custody of documents. 225 Deposit of documents with proper officer of authority, etc. 226 Custody of parish and community documents. 227 Provision of depositories for parish and community documents. 228 Inspection of documents. 229 Photographic copies of documents. 230 Reports and returns. 231 Service of notices on local authorities, etc. 232 Public notices. 233 Service of notices by local authorities. 234 Authentication of documents. 235 Power of councils to make byelaws for good rule and government and suppression of nuisances. 236 Procedure etc., for byelaws. 236A Alternative procedure for certain byelaws 236B Revocation of byelaws 237 Offences against byelaws. 237ZA Section 235 byelaws: powers of seizure etc 237A Fixed penalty notices 237B Amount of fixed penalty 237C Power to require name and address in connection with fixed penalty 237D Use of fixed penalty receipts 237E Guidance relating to sections 236A and 237A to 237D 237F Further provision about regulations and orders under section 237A or 237B 238 Evidence of byelaws. 239 Power to promote or oppose local or personal Bills. 240 Provisional orders and orders subject to special parliamentary procedure. 241 Power to apply provisions of Act to joint boards, etc. 242 Effect of inaccurate description. 243 Computation of time and timing of elections, etc. 244 Saving of transfer of certain powers under local Acts from Treasury to Secretary of State. 244A Application of this Part to the London Fire Commissioner 245 Status of certain districts, parishes and communities. 245A Change of status of Welsh county to county borough. 245B Community having the status of a town. 246 Preservation of powers, privileges and rights of existing cities or boroughs. 247 Transfer of armorial bearings from old to new authorities. 248 Freemen and inhabitants of existing boroughs. 249 Honorary titles. 250 Power to direct inquiries. 251 Consequential and minor modifications and amendments. 252 General power to adapt Acts and instruments. 253 Transfer of powers of certain public bodies. 254 Consequential and supplementary provision. 255 Transfer of officers. 256 Continuity of employment in cases of voluntary transfer. 257 Staff commission for England. 258 Staff commission for Wales. 259 Compensation for loss of office. 260 Provision for early retirement in lieu of compensation for loss of office. 261 Remuneration of employees of existing local authorities outside Greater London. 262 Local Acts and instruments. 263 Existing joint boards and committees and port health districts. 264 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 Application of Act to Isles of Scilly. 265A Application in relation to the Broads Authority. 266 Orders, rules and regulations. 267 Expenses. 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 Meaning of “England” and “Wales”. 270 General provisions as to interpretation. 271 Savings. 272 Repeals. 273 Commencement. 274 Short title and extent. SCHEDULE 1 Counties and Metropolitan Districts in England SCHEDULE 2 Constitution and Membership of Greater London Council and London Borough Councils SCHEDULE 3 Establishment of New Authorities in England SCHEDULE 4 Local Government Areas in Wales Schedule 5 Establishment of New Principal Councils SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 11 Rules to be Observed in Considering Electoral Arrangements SCHEDULE 12 Meetings and Proceedings of Local Authorities SCHEDULE 12A ACCESS TO INFORMATION: EXEMPT INFORMATION SCHEDULE 12B Appropriate sum under section 137(4) SCHEDULE 13 Loans and Other Financial Provisions SCHEDULE 14 Amendment and Modification of Public Health Acts, Etc. SCHEDULE 15 SCHEDULE 16 Functions Under, and Amendment and Modification of, Enactments Relating to Town and Country Planning SCHEDULE 17 Functions with Respect to National Parks and the Countryside SCHEDULE 18 AMENDMENTS OF TOWN DEVELOPMENT ACT 1952 SCHEDULE 19 AMENDMENTS OF ENACTMENTS RELATING TO ROAD TRAFFIC AND ABANDONED VEHICLES SCHEDULE 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 21 AMENDMENTS OF ENACTMENTS RELATING TO HIGHWAYS SCHEDULE 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 23 AMENDMENTS OF ENACTMENTS CONFERRING SOCIAL SERVICES FUNCTIONS SCHEDULE 24 Amendments of Transport Act 1968, Part II SCHEDULE 25 Amendments of Licensing Enactments SCHEDULE 26 Cemeteries and Crematoria SCHEDULE 27 SCHEDULE 28 SCHEDULE 28A Amendment of laws relating to freedoms of cities and towns SCHEDULE 29 Adaptation, Modification and Amendment of Enactments SCHEDULE 30 Repeals
What to do with it
As published
128D The qualifying conditions
(1) This section sets out the “qualifying conditions” (referred to in section 128A(2)(b)).
(2) Qualifying condition A: the application for the statutory trust discharge order identifies land in England in relation to which the order is being sought.
(3) Qualifying condition B: the applicant for the order is—
(a) the freehold owner of the relevant land, or
(b) the tenant of the relevant land under a long lease, whether granted before or after commencement,
at the time of the application (whether or not by virtue of the previous appropriation or disposal).
(4) Qualifying condition C: a principal council, parish council or parish meeting—
(a) appropriated, or
(b) disposed of,
the relevant land at a time before the application for the statutory trust discharge order is made (the “previous appropriation or disposal”).
(5) It does not matter whether the previous appropriation or disposal occurred before or after commencement.
(6) Qualifying condition D: the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal.
(7) For the purposes of determining whether qualifying condition D is met—
(a) it is sufficient that the previous advertisement procedure was not complied with;
(b) accordingly, it is irrelevant—
(i) whether the previous advertisement procedure in fact had to be complied with, or
(ii) whether the land was in fact land held in trust for enjoyment by the public in accordance with a trust of the kind mentioned in section 128A(3).
(8) Section 128F includes provision for presuming that the previous advertisement procedure was not complied with; and qualifying condition D must be taken to be met if that presumption is made.
(9) Qualifying condition E: the new publicity requirements have been complied with.
(10) Qualifying condition F: it is in the public interest for the relevant land to be freed from the trusts by virtue of the order.
(11) The reference in subsection (10) to the public interest includes the public interest in—
(a) nature conservation;
(b) the conservation of the landscape;
(c) the protection of public rights of access to the relevant land;
(d) the protection of archaeological remains and features of historic interest;
(e) development proposals relating to the relevant land;
(f) economic, environmental or social benefits which the order would facilitate if made.
Your wording
Your change, as a redline
128D The qualifying conditions
(1) This section sets out the “qualifying conditions” (referred to in section 128A(2)(b)).
(2) Qualifying condition A: the application for the statutory trust discharge order identifies land in England in relation to which the order is being sought.
(3) Qualifying condition B: the applicant for the order is—
(a) the freehold owner of the relevant land, or
(b) the tenant of the relevant land under a long lease, whether granted before or after commencement,
at the time of the application (whether or not by virtue of the previous appropriation or disposal).
(4) Qualifying condition C: a principal council, parish council or parish meeting—
(a) appropriated, or
(b) disposed of,
the relevant land at a time before the application for the statutory trust discharge order is made (the “previous appropriation or disposal”).
(5) It does not matter whether the previous appropriation or disposal occurred before or after commencement.
(6) Qualifying condition D: the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal.
(7) For the purposes of determining whether qualifying condition D is met—
(a) it is sufficient that the previous advertisement procedure was not complied with;
(b) accordingly, it is irrelevant—
(i) whether the previous advertisement procedure in fact had to be complied with, or
(ii) whether the land was in fact land held in trust for enjoyment by the public in accordance with a trust of the kind mentioned in section 128A(3).
(8) Section 128F includes provision for presuming that the previous advertisement procedure was not complied with; and qualifying condition D must be taken to be met if that presumption is made.
(9) Qualifying condition E: the new publicity requirements have been complied with.
(10) Qualifying condition F: it is in the public interest for the relevant land to be freed from the trusts by virtue of the order.
(11) The reference in subsection (10) to the public interest includes the public interest in—
(a) nature conservation;
(b) the conservation of the landscape;
(c) the protection of public rights of access to the relevant land;
(d) the protection of archaeological remains and features of historic interest;
(e) development proposals relating to the relevant land;
(f) economic, environmental or social benefits which the order would facilitate if made.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.