(1) Section 1 of the Local Government Act 2000 (c. 22) (meaning of local authority in Part 1 of 2000 Act) is amended as follows.
(2) The provision of that section becomes subsection (1) of section 1.
(3) In subsection (1), after paragraph (a)(v) insert—
(vi) an eligible parish council,
.
(4) After subsection (1) insert—
(2) A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.
(1) A community governance review is a review of the whole or part of the principal council's area, for the purpose of making recommendations of the kinds set out in sections 87 to 92 (if, and so far as, those sections are applicable).
(2) In undertaking a community governance review the principal council must comply with—
(a) this Chapter, and
(b) the terms of reference of the review.
(3) A district council which is to undertake a community governance review must notify the county council for its area (if any)—
(a) that the review is to be undertaken, and
(b) of the terms of reference of the review (including any modification of those terms).
(1) A community governance petition is a petition for a community governance review to be undertaken.
(2) A petition is not a valid community governance petition unless the conditions in subsections (3) to (6) are met (so far as they are applicable).
(3) The petition must be signed as follows—
(a) if the petition area has fewer than 500 local government electors, the petition must be signed by at least 37.5% of the electors;
(b) if the petition area has between 500 and 2,500 local government electors, the petition must be signed by at least 187 of the electors;
(c) if the petition area has more than 2,500 local government electors, the petition must be signed by at least 7.5% of the electors.
(4) The petition must—
(a) define the area to which the review is to relate (whether on a map or otherwise), and
(b) specify one or more recommendations which the petitioners wish a community governance review to consider making.
(5) If the specified recommendations include the constitution of a new parish, the petition must define the area of the new parish (whether on a map or otherwise).
(6) If the specified recommendations include the alteration of the area of an existing parish, the petition must define the area of the parish as it would be after alteration (whether on a map or otherwise).
(7) If the specified recommendations include the constitution of a new parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).
(8) If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).
(1) A community governance application is an application for a community governance review to be undertaken.
(2) An application is not a valid community governance application unless the conditions in subsections (3) to (7) are met (so far as they are applicable).
(3) The application may be made only by an organisation or body designated as a neighbourhood forum under section 61F of the Town and Country Planning Act 1990.
(4) The application must relate to the whole or any part of an area specified in a neighbourhood development plan made under section 38A of the Planning and Compulsory Purchase Act 2004.
(5) The application must—
(a) define the area to which the review is to relate (whether on a map or otherwise), and
(b) specify one or more recommendations which the applicant wishes a community governance review to consider making.
(6) If the specified recommendations include the constitution of a new parish, the application must define the area of the new parish (whether on a map or otherwise).
(7) If the specified recommendations include the alteration of the area of an existing parish, the application must define the area of the parish as it would be after alteration (whether on a map or otherwise).
(8) If the specified recommendations include the constitution of a new parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).
(9) If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).
(1) The terms of reference of a community governance review are the terms on which the review is to be undertaken.
(2) The terms of reference of a community governance review must specify the area under review.
(3) Sections 83 and 84 make further provision about the terms of reference of community governance reviews.
(4) Subject to subsection (2), and sections 83 and 84, it is for a principal council—
(a) to decide the terms of reference of any community governance review which the council is to undertake; and
(b) to decide what modifications (if any) to make to terms of reference.
(5) As soon as practicable after deciding terms of reference, the principal council must publish the terms.
(6) As soon as practicable after modifying terms of reference, the principal council must publish the modified terms.
83 No review being undertaken: duty to respond to petition or 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 or 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 or 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 or 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.
84 Review being undertaken: duty to respond to petition or 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 or community governance application which relates to part of the council's area;
(c) the petition area or 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 or 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 or 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 or 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 or application to be considered.
(1) In any of the following cases where a principal council receive a community governance petition or 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 or application.
(2) The first case is where—
(a) section 83 applies (no review being undertaken when petition or application received), but
(b) the duty in section 83(2) does not apply because of section 83(3) (no duty to respond to petition or 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 or application received: petition area or 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 or 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 or community governance application which relates to part of the council's area;
(c) the petition area or 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 or 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 or community governance application which relates to the whole or part of the council's area.
(1) This section applies if a community governance review is undertaken.
(2) The principal council may, by order, give effect to the recommendations made in the review (except recommendations made to the Local Government Boundary Commission in accordance with section 92).
(3) But such an order may not include provision giving effect to any recommendations to change protected electoral arrangements, unless the Local Government Boundary Commission agrees to that provision.
(4) An order under this section must include a map showing in general outline the area affected by the order.
(5) An order under this section may vary or revoke a provision of an order previously made under—
(a) this section,
(b) Part 1 of this Act,
(ba) section 59 of the Local Democracy, Economic Development and Construction Act 2009,
(c) section 17 of the Local Government Act 1992 (c. 19), or
(d) section 16 or 17 of the Local Government and Rating Act 1997 (c. 29).
(6) For the purposes of this section electoral arrangements are “protected” if—
(a) the electoral arrangements relate to the council of an existing parish,
(b) the electoral arrangements were made, or altered, by or in pursuance of an order under section 59 of the Local Democracy, Economic Development and Construction Act 2009, section 17 of the Local Government Act 1992 (c. 19) or section 14 of the Local Government and Rating Act 1997 (c. 29), and
(c) that order was made during the period of five years ending with the day on which the community governance review starts.
(1) A community governance review must make recommendations as to what new parish or parishes (if any) should be constituted in the area under review.
(2) A new parish is constituted in any one of the following ways—
(a) by establishing an unparished area as a parish;
(b) by aggregating one or more unparished areas with one or more parished areas;
(c) by aggregating parts of parishes;
(d) by amalgamating two or more parishes;
(e) by separating part of a parish;
but the aggregation of one or more unparished areas with a single parish is not the constitution of a new parish.
(3) For the purposes of subsection (2)—
“parished area” means an area which—
is a parish, or
is part of a parish;
“unparished area” means an area which—
is not a parish, and
is not part of a parish.
(4) The following subsections apply if the review recommends that a new parish should be constituted.
(5) The review must also make recommendations as to the name of the new parish.
(6) The review must also make recommendations as to whether or not the new parish should have a parish council.
(7) The review must also make recommendations as to whether or not the new parish should have one of the alternative styles.
(1) A community governance review must make the following recommendations in relation to each of the existing parishes under review (if any).
(2) The review must make one of the following recommendations—
(a) recommendations that the parish should not be abolished and that its area should not be altered;
(b) recommendations that the area of the parish should be altered;
(c) recommendations that the parish should be abolished.
(3) The review must make recommendations as to whether or not the name of the parish should be changed.
(4) The review must make one of the following recommendations—
(a) if the parish does not have a council: recommendations as to whether or not the parish should have a council;
(b) if the parish has a council: recommendations as to whether or not the parish should continue to have a council.
(5) But the review may not make any recommendations for the parish—
(a) to begin to have an alternative style (if it does not already have one), or
(b) to cease to have an alternative style, or to have a different alternative style, (if it already has one).
(6) In this section—
(a) “existing parishes under review” means each of the parishes (if any) which are already in existence in the area under review;
(b) references to the alteration of an area of a parish are references to any alteration which is not the constitution of a new parish (within the meaning of section 87(2)).
(1) This section applies if, under a relevant provision, a community governance review makes recommendations that a parish should have a parish council.
(2) The review must also make recommendations as to what electoral arrangements should apply to the council.
(3) These are the relevant provisions for the purposes of this section—
(a) section 87 (new parishes);
(b) section 88 (existing parishes)
90 Council retained: consequential recommendations
(1) This section applies if, under a section 88, a community governance review makes recommendations that a parish should continue to have a parish council.
(2) The review must also make recommendations as to what changes (if any) should be made to the electoral arrangements that apply to the council.
(1) A community governance review may make recommendations as to whether or not grouping or de-grouping provision should be made.
(2) If the review recommends that grouping or de-grouping provision should be made, those recommendations must in particular include recommendations as to what changes (if any) should be made to the electoral arrangements that apply to any council affected by the provision.
(3) The reference to grouping or de-grouping provision is a reference to provision equivalent to the provision of an order under section 11 of the Local Government Act 1972 (c. 70).
92 County, district or London borough: consequential recommendations
(1) This section applies if a community governance review makes recommendations under any other provision of this Chapter.
(2) The review may make recommendations to the Local Government Boundary Commission as to what related alteration (if any) should be made to the boundaries of the electoral areas of any affected principal council.
(3) The Local Government Boundary Commission may by order give effect to recommendations made under subsection (2).
(4) The Local Government Boundary Commission must notify each relevant principal council of whether or not the Commission have given effect to recommendations made under subsection (2).
(5) If the Local Government Boundary Commission have given effect to the recommendations, they must also send each relevant principal council two copies of the order under this section.
(6) In this section—
“affected principal council” means any principal council whose area the community governance review relates to (including the council carrying out the review);
“related” means related to the other recommendations made under this Chapter.
“relevant principal council”, in relation to recommendations under subsection (2), means—
the principal council that made the recommendations, and
if the recommendations are made by a district council for an area for which there is a county council, the county council.
(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.
(8) The principal council must conclude the review within the period of 12 months starting with the day on which the council receives the community governance petition or community governance application.
(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.
95 Electoral recommendations: general considerations
(1) This section applies to the principal council when deciding a recommendation of a kind listed in the following table.
Recommendation | Made under
What electoral arrangements should apply to a new parish council | Section 89(2)
What changes (if any) should be made to the electoral arrangements which apply to a parish council | Section 90(2)
(2) The principal council must consider the questions in subsection (3) when deciding whether to recommend that a parish should, or should not, be or continue to be divided into wards for the purpose of electing councillors.
(3) Those questions are—
(a) whether the number, or distribution, of the local government electors for the parish would make a single election of councillors impracticable or inconvenient;
(b) whether it is desirable that any area or areas of the parish should be separately represented on the council.
(4) If the principal council decides to recommend that a parish should be divided into wards, the principal council must have regard to the factors in subsection (5) when considering—
(a) the size and boundaries of the wards, and
(b) the number of councillors to be elected for each ward.
(5) Those factors are—
(a) the number of local government electors for the parish;
(b) any change in the number, or distribution, of the local government electors which is likely to occur in the period of five years beginning with the day when the review starts;
(c) the desirability of fixing boundaries which are, and will remain, easily identifiable;
(d) any local ties which will be broken by the fixing of any particular boundaries.
(6) If the principal council decides to recommend that a parish should not be divided into wards, the principal council must have regard to the factors in subsection (7) when considering the number of councillors to be elected for the parish.
(7) Those factors are—
(a) the number of local government electors for the parish;
(b) any change in that number which is likely to occur in the period of five years beginning with the day when the review starts.
(1) This section applies if a community governance review is undertaken.
(2) As soon as practicable after a principal council has decided to what extent it will give effect to the recommendations made in a community governance review, the council must—
(a) publish—
(i) that decision, and
(ii) the council's reasons for making that decision; and
(b) take such steps as the council considers sufficient to secure that persons who may be interested in the review are informed of that decision and those reasons.
(3) The following subsections apply if the council makes a reorganisation order.
(4) As soon as practicable after making the order, the council must deposit at its principal office—
(a) a copy of the reorganisation order, and
(b) a map which shows the effects of the order in greater detail than the map included in the order.
(5) The council must make the copy of the order and the map available for public inspection at all reasonable times.
(6) The council must publicise that the order and map are available for public inspection in accordance with subsection (5).
(7) As soon as practicable after making the order, the principal council must inform all of the following that the order has been made—
(a) the Secretary of State;
(b) the Local Government Boundary Commission;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any other principal council whose area the order relates to.
(1) The Secretary of State may by regulations of general application make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, reorganisation orders.
(2) Regulations under this section are to have effect subject to any provision made by a reorganisation order.
(1) If a principal council makes a reorganisation order, the council must send—
(a) two copies of the order to the Secretary of State; and
(b) two copies of the order to the Local Government Boundary Commission.
(2) If the Secretary of State makes regulations under section 97, he must send two copies of the regulations to the Local Government Boundary Commission.
(3) A reorganisation order may include such incidental, consequential, transitional or supplementary provision as may appear to the principal council to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.
(4) A reorganisation order, or regulations under section 97, may include any of the following provision—
(a) provision with respect to the transfer and management or custody of property (whether real or personal);
(b) provision with respect to the transfer of functions, property, rights and liabilities.
(5) Provision made under subsection (4)(b) may include any of the following—
(a) provision for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;
(b) provision for the transfer of staff, compensation for loss of office, pensions and other staffing matters;
(c) provision for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.
(6) A reorganisation order, or regulations under section 97, may include provision for the exclusion or modification of the application of any of the following—
(a) section 16(3) or 90 of the Local Government Act 1972 (c. 70), or
(b) rules under section 36 of the Representation of the People Act 1983 (c. 2), whenever made.
(7) An order under section 92 may include such incidental, consequential, transitional or supplementary provision as may appear to the Local Government Boundary Commission to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.
(1) Any public bodies affected by a reorganisation of community governance may from time to time make agreements with respect to—
(a) any property, income, rights, liabilities and expenses (so far as affected by the order) of the parties to the agreement;
(b) any financial relations between the parties to the agreement.
(2) Such an agreement may in particular provide—
(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;
(b) for the making of payments by any party to the agreement in respect of—
(i) property, rights and liabilities so transferred or retained;
(ii) such joint use; or
(iii) the remuneration or compensation payable to any person;
(c) for any such payment to be made by instalments or otherwise;
(d) for interest to be charged on any such instalments.
(3) In default of agreement about any disputed matter, the matter is to be referred to the arbitration of a single arbitrator—
(a) agreed on by the parties; or
(b) in default of agreement, appointed by the Secretary of State.
(4) The arbitrator's award may make any provision that could be contained in an agreement under this section.
(5) In this section—
“disputed matter” means any matter that—
could be the subject of provision contained in an agreement under this section; and
is the subject of a dispute between two or more public bodies that is not resolved by or under any order or regulations under this Chapter;
“public body” has the same meaning as in section 16;
“reorganisation of community governance” means any changes made by giving effect to a community governance review.
(1) The Secretary of State may issue guidance about undertaking community governance reviews.
(2) The Local Government Boundary Commission may issue guidance about the making of recommendations under sections 89(2) or 90(2) (electoral arrangements for parish councils) or 92 (consequential recommendations about county, district or London borough councils).
(3) The Secretary of State may issue guidance about giving effect to recommendations made in community governance reviews.
(4) A principal council must have regard to guidance issued under this section.
(1) This section applies for the purposes of this Chapter.
(2) The following expressions have the meanings given—
“alternative style” has the same meaning as in sections 9 to 16A of the Local Government Act 1972 (c. 70) (see section 17A of that Act);
“application area” means the area to which a community governance application relates;
“area under review”, in relation to a community governance review, means however much of the area of a principal council is subject to the review;
“community governance application” has the meaning given by section 80A
“community governance petition” has the meaning given by section 80;
“community governance review” has the meaning given by section 79;
“electoral arrangements”, in relation to a parish council, means all of the following—
the year in which ordinary elections of councillors are to be held;
the number of councillors to be elected to the council, or (in the case of a common council) the number of councillors to be elected to the council by each parish;
the division (or not) of the parish, or (in the case of a common council) any of the parishes, into wards for the purpose of electing councillors;
the number and boundaries of any such wards;
the number of councillors to be elected for any such ward;
the name of any such ward;
“local government elector” has the same meaning as in the Local Government Act 1972 (see section 270);
“Local Government Boundary Commission” means the Local Government Boundary Commission for England.
“petition area” means the area to which a community governance petition relates;
“principal council” means—
a district council in England,
a county council in England for an area in which there are no district councils, or
a London borough council;
“reorganisation order” means an order under section 86;
“relevant two-year period”, in relation to receipt of a community governance petition or community governance application, means the period of two years ending with the day on which the petition or application is received by the principal council;
“specified recommendations”, in relation to a community governance petition or community governance application, means the recommendations—
specified in the petition or application, or
treated by section 80 as included in the recommendations specified in the petition or treated by section 80A as included in the recommendations specified in the application;
“terms of reference” has the meaning given by section 81.
(3) A principal council “begins” a community governance review when the council publishes the terms of reference of the review.
(4) A principal council “concludes” a community governance review when the council publishes the recommendations made in the review.
(5) A principal council is “in the course of undertaking” a community governance review in the period between—
(a) beginning the review, and
(b) concluding the review.
(6) The terms of reference of a community governance review “allow for a community governance petition or community governance application to be considered” if the terms of reference of the review are such that—
(a) the area under review includes the whole of the petition area or application area; and
(b) the recommendations to be considered by the review include all of the petition’s or application’s specified recommendations.
103 Application of Chapter: responsible local authorities
For the purposes of this Chapter, each of the following is a responsible local authority—
(a) a county council in England;
(b) a district council in England, other than a council for a district in a county for which there is a county council;
(c) a London borough council;
(d) the Council of the Isles of Scilly;
(e) the Common Council of the City of London in its capacity as a local authority.
(1) For the purposes of this Chapter, each of the following is a partner authority in relation to a responsible local authority—
(a) any person mentioned in subsection (2) who acts or is established for an area which, or any part of which, coincides with or falls within the responsible local authority's area;
(b) any person mentioned in subsection (3) who provides services at or from a hospital or other establishment or facility which falls within the responsible local authority's area; and
(c) any person mentioned in subsection (4).
(2) The persons referred to in subsection (1)(a) are—
(a) any district council which is not a responsible local authority;
(b) a fire and rescue authority;
(c) a National Park authority;
(d) the Broads Authority;
(e) a local policing body;
(f) a chief officer of police;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);
(i) an Integrated Transport Authority for an integrated transport area in England;
(ia) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(ib) a combined authority established under section 103 of that Act;
(ic) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
(j) Transport for London;
(ja) an integrated care board;
(jb) NHS England;
(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m) a local probation board established by section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
(n) a youth offending team established under section 39 of the Crime and Disorder Act 1998 (c. 37).
(3) The persons referred to in subsection (1)(b) are—
(a) a National Health Service trust;
(b) an NHS foundation trust.
(4) The persons referred to in subsection (1)(c) are—
(a) the Arts Council of England;
(b) the English Sports Council;
(c) the Environment Agency;
(d) the Health and Safety Executive;
(da) the Office for Nuclear Regulation;
(e) the Historic Buildings and Monuments Commission;
(ea) the Homes and Communities Agency;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) the Museums, Libraries and Archives Council;
(h) Natural England;
(i) the Secretary of State, but only in relation to—
(i) his functions under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees);
(ii) functions which he has as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66);...
(iii) functions which he has as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27).
(iv) his functions under sections 2 and 3 of the Offender Management Act 2007 (responsibility for ensuring the provision of probation services throughout England and Wales).
(5) In this section, “fire and rescue authority” means—
(a) a fire and rescue authority constituted by—
(i) a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21); or
(ii) a scheme to which section 4 of that Act applies;
(aa) a fire and rescue authority created by an order under section 4A of that Act;
(b) a metropolitan county fire and rescue authority; or
(c) the London Fire Commissioner.
(5A) The Secretary of State's functions under this Chapter as a partner authority of a local authority in relation to the functions referred to in subsection (4)(i)(iv) are functions to which section 2(1)(c) of the Offender Management Act 2007 (functions to be performed through arrangements under section 3 of that Act) applies.
(6) In subsection (1)(a), references to the area for which a person acts or is established are references—
(a) in the case of the Commissioner of Police of the Metropolis, to the metropolitan police district (within the meaning of the Police Act 1996 (c. 16));
(b) in the case of the Commissioner of the City of London Police, to the City of London police area (within the meaning of that Act);
(c) in the case of any other chief officer of police, to the police area listed in Schedule 1 to that Act for which his police force is maintained;
(d) in the case of Transport for London, Greater London.
(7) The Secretary of State may by order—
(a) amend subsection (2), (3) or (4) by—
(i) adding to it any person who has functions of a public nature;
(ii) removing from it any person for the time being mentioned in it; or
(iii) adding to subsection (4)(i) any function of the Secretary of State or removing from it any function for the time being mentioned in it; and
(b) make such other amendments of this section as appear to him to be necessary or expedient in consequence of provision made under paragraph (a).
(8) Before making an order under subsection (7) the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
115 Orders under Part 1 of Local Government Act 2000: Wales
(1) Part 1 of the Local Government Act 2000 (promotion of economic, social or environmental well-being etc) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In section 6 (power to modify enactments concerning plans etc)—
(a) in subsection (1), at the end insert “so far as that enactment has effect in relation to a local authority in England”;
(b) in subsection (2)(a) and (b), after “authorities” insert “ in England ”;
(c) in subsection (2)(c), after “authority” insert “ in England ”; and
(d) omit subsections (5) and (6).
(6) In section 7 (power to modify enactments concerning plans etc: Wales)—
(a) in subsection (1)—
(i) for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and
(ii) for “to which subsection (2) applies” substitute “ (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter ”;
(b) omit subsection (2);
(c) in subsection (4), for “the National Assembly for Wales considers” substitute “ the Welsh Ministers consider ”; and
(d) omit subsection (6).
(7) At the end of that section insert—
(8) An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence.
(9) For the purposes of subsection (8), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted.
(10) Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
(11) A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—
(a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
.
(8) In section 9 (procedure for orders under section 5 or 6)—
(a) in subsection (2), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and
(b) in subsection (3)(d), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”.
(9) After section 9 insert—
Procedure for orders under section 7
9A (1) Before the Welsh Ministers make an order under section 7 they must consult—
(a) such local authorities in Wales,
(b) such representatives of local government in Wales, and
(c) such other persons (if any),
as appear to them to be likely to be affected by their proposals.
(2) If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 7 they must lay before the National Assembly for Wales a document which—
(a) explains their proposals,
(b) sets them out in the form of a draft order, and
(c) gives details of consultation under subsection (1).
(3) Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.
(4) In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.
(5) In preparing a draft order under section 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).
(6) A draft order under section 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—
(a) any representations considered in accordance with subsection (5), and
(b) any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).
(7) Nothing in this section applies to an order under section 7 which is made only for the purpose of amending an earlier order under that section—
(a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.