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Local Government Act 1972

Type Public General Act

Publication 1972-10-26

Last updated 2026-04-14

State In force

Department Statute Law Database

Source legislation.gov.uk

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Part I — Local Government Areas and Authorities in England

New local government areas

Constitution of principal councils in England.

1

(1) For the administration of local government on and after 1st April 1974 England (exclusive of Greater London and the Isles of Scilly) shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

(2) The counties shall be the metropolitan counties named in Part I and the non-metropolitan counties named in Part II of Schedule 1 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of each Part of that Schedule.

(3) The districts in the metropolitan counties shall be those respectively specified in column 2 of the said Part I and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in that column, and the Secretary of State may by order provide a name for any such district.

(4) The districts in the non-metropolitan counties shall be those respectively specified in one or more orders made by the Secretary of State under paragraph 1 of Schedule 3 to this Act and having the names given to them by one or more orders so made.

(5) Part III of Schedule 1 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6) Subject to Part IV of Schedule 1 to this Act and to any provision corresponding to that Part made by an order under section 254 below, the rural parishes existing immediately before 1st April 1974 shall continue to exist on and after that date by the name of parishes.

(7) The said Part IV shall have effect with respect to the existing rural parishes which by virtue of this Act are comprised in more than one county or more than one metropolitan district.

(8) Part V of Schedule 1 to this Act shall have effect for the purpose of constituting parishes the boundaries of which are determined by reference to those of existing boroughs and urban districts and also, in cases where the areas of such boroughs and urban districts are divided by or under this section between two or more new districts, by reference to the boundaries of the new districts.

(9) The boroughs which by virtue of section 141 of the 1933 Act or section 28 of the Local Government Act 1958 are included in rural districts immediately before the passing of this Act shall on the passing of this Act become parishes without ceasing to be boroughs, but shall cease to be boroughs on 1st April 1974.

(10) On that date the following local government areas existing immediately before that date outside Greater London and the Isles of Scilly, that is to say, all administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes, shall cease to exist and the council of every such area which has a council shall also cease to exist.

(11) On that date the municipal corporation of every borough outside Greater London (and the corporation of a borough included in a rural district) shall cease to exist.

(12) In this section “England” does not include the administrative county of Monmouthshire or the county borough of Newport.

Principal councils

2

(1) For every non-metropolitan county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2) For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2A) Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive ..., the council shall consist of an elected mayor, a chairman and councillors.

(2B) In such a case, a reference in this Act to a member of a council is a reference to—

(a) the elected mayor of the council,

(b) the chairman of the council, or

(3) Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name “The County Council” or “The District Council”, as the case may be, with the addition of the name of the particular county or district.

Members of principal councils

3

(1) The chairman of a principal council shall be elected annually by the council from among the councillors.

(1A) A member of the executive of a principal council may not be elected as the chairman of the council.

(2) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3) During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(4) The chairman of a district council shall have precedence in the district, but not so as prejudicially to affect Her Majesty’s royal prerogative.

(4A) Subsection (4) above shall have effect in relation to a district council which are operating executive arrangements which involve a mayor and cabinet executive . . . as if it provided for the elected mayor of the council to have precedence in the district, but this subsection shall not apply if the executive arrangements provide for it not to apply.

(5) A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

4

(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2) If, apart from section 3(3) above or section 5(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

5

(1) A principal council shall appoint a member of the council to be vice-chairman of the council.

(1A) A member of the executive of a principal council may not be appointed as the vice-chairman of the council.

(2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(4) A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

6

(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Representation of the People Act 1983.

(2) For the purposes of the election of councillors—

(a) every non-metropolitan county shall be divided into electoral divisions, each returning (subject to paragraph 3 of Schedule 3 to this Act and subject to section 56(8) of the Local Democracy, Economic Development and Construction Act 2009and section 12(4) of the Local Government and Public Involvement in Health Act 2007) one councillor;

(b) every metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;

(c) every non-metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;

and there shall be a separate election for each electoral division or ward.

(3) The number of councillors referred to in subsection (2)(b) or (c) above may be provided—

(a) under or by virtue of the provisions of section 7 below;

(b) by an order under Part 2 of the Local Government Act 1992 (c. 19) or Part 3 of the Local Democracy, Economic Development and Construction Act 2009;

(d) by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007.

7

(1) The ordinary elections of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2) The ordinary elections of metropolitan district councillors shall take place in 1973, 1975 and every year thereafter other than 1977 and every fourth year thereafter.

(3) Subject to paragraph 4 of Schedule 3 to this Act, the term of office of metropolitan district councillors shall be four years and one-third of the whole number of councillors in each ward of a metropolitan district, being those who have been councillors for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1975 the newly elected councillors shall come into office on the day on which their predecessors retire.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where the Secretary of State receives a request under subsection (4)(b) above from a district council he may direct the Local Government Commission for England to conduct a review and make recommendations in the light of the request with respect to—

(a) the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;

(b) the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

and the provisions of Part II of the Local Government Act 1992 shall apply accordingly.

(8) The ordinary elections of non-metropolitan district councillors shall take place—

(a) except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and

(b) where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(9) The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to non-metropolitan district councillors:—

(a) their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;

(b) except where an order is in force providing for the election of councillors by thirds, the whole number of councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and

(c) where such an order is in force, one-third of the whole number of councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

8

(1) Sections 2 to 7 above shall not apply to . . . London borough councils but, subject to subsection (2) below, the provisions of Schedule 2 to this Act shall have effect in relation to them instead.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parishes

9

(1) For every parish there shall be a parish meeting for the purpose of discussing parish affairs and exercising any functions conferred on such meetings by any enactment and, subject to the provisions of this Act or any instrument made thereunder, for every parish or group of parishes having a parish council before 1st April 1974 there shall continue to be a parish council.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subject to any order under section 10 or 11 below Part II of the Local Government Act 1992 or section 86 of the Local Government and Public Involvement in Health Act 2007, there shall be a separate parish council for—

(a) every parish which immediately before the passing of this Act was a borough included in a rural district;

(b) every parish which immediately before the passing of this Act was co-extensive with a rural district;

(d) every parish to which part of another parish is added by paragraph 2 of the said Part IV and which immediately before the passing of this Act had no parish council; and

(e) every parish constituted under Part V of Schedule 1 to this Act.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An order shall not be made under section 86 of the Local Government and Public Involvement in Health Act 2007 establishing a separate parish council for a parish grouped under a common parish council unless by that order or an order under section 11(4) below the parish is separated from the group or the group is dissolved, and where the group is not dissolved, the order under section 86 of the 2007 Act shall make such provision as appears to the district council to be necessary for the alteration of the parish council of the group.

10

(1) Where the population of a parish having a separate parish council includes not more than 150 local government electors, the parish meeting may apply to the district council London borough council for the dissolution of the parish council, and thereupon the district council London borough council may by order dissolve the parish council.

(2) Where an application under this section by a parish meeting is rejected, another such application may not be presented by that meeting within two years from the making of the previous application.

11

(1) The parish meeting of a parish may apply to the district council or London borough council for an order grouping the parish with some neighbouring parish or parishes in the same district or London borough under a common parish council or by adding the parish to an existing group of such parishes under such a council, and the district council or London borough councilmay thereupon make an order accordingly, but subject to subsection (2) below.

(2) Parishes shall not be grouped without the consent of the parish meeting of each of the parishes.

(3) A grouping order shall make the necessary provision—

(a) for the name of the group;

(b) the electoral arrangements that are to apply to the council;

(c) for the application to the parishes included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of parish documents, so as to preserve the separate rights of each parish;

(d) for the dissolution of the separate parish council of any parish included in the group,

and the order may provide for the consent of the parish meeting of a parish being required to any particular act of the parish council, and for any necessary adaptations of this Act to the group of parishes or to the parish meetings of the parishes in the group.

(3A) In this section “electoral arrangements”, in relation to a council, means all of the following—

(a) the year in which ordinary elections of councillors are to be held;

(b) the number of councillors to be elected to the council by each parish;

(d) the number and boundaries of any such wards;

(e) the number of councillors to be elected for any such ward;

(f) the name of any such ward.

(4) The district council or London borough council may on the application of the council of a group of parishes or of the parish meeting of any parish included in a group of parishes make an order dissolving the group or separating one or more of those parishes from the group, and an order so made shall make such provision as appears to the district council or London borough council to be necessary for the election of a parish council for any of the parishes in the group, where it is dissolved, and for any of the parishes separated from the group, where it is not.

(5) Parishes grouped under a common parish council before 1st April 1974 and situated in different districts on and after that date shall, notwithstanding that they are so situated, continue to be grouped under that council—

(a) unless an order is made under . . . subsection (4) above or Part II of the Local Government Act 1992or section 86 of the Local Government and Public Involvement in Health Act 2007 dissolving the group; or

(b) except so far as such an order separates one or more of the parishes from the group;

and any order under subsection (4) above or section 86 of the Local Government and Public Involvement in Health Act 2007 in relation to any parishes so situated shall be made by the district councils concerned acting jointly.

11A

(1) An order under section 11(1) which forms a new group may make the provision set out in subsection (3).

(2) But the order must make that provision in either of these cases—

(a) if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style;

(b) if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style.

(3) The provision referred to in subsections (1) and (2) is—

(a) provision that each of the parishes in the group shall have an alternative style, or

(b) provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style.

(4) Provision made by virtue of subsection (3)(a)—

(a) must provide for each of the parishes to have the same alternative style;

(b) may provide for each of the parishes to have an alternative style which any of them already has;

(c) has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made.

(5) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if—

(a) the parishes in the group do not have an alternative style, and

(b) at least one of the parishes which is to be added has an alternative style.

(6) The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style.

(7) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if—

(a) the parishes in the group have an alternative style, and

(b) at least one of the parishes which is to be added—

(i) has a different alternative style, or

(ii) does not have any of the alternative styles.

(8) The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group.

(9) If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles—

(a) “group of communities”;

(b) “group of neighbourhoods”;

(10) As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following—

(a) the Secretary of State;

(b) the Local Government Boundary Commission for England;

(d) the Director General of the Ordnance Survey;

(e) any district council or county council within whose area the parish lies.

11B

(1) This section applies if—

(a) the parishes in a group of parishes have an alternative style, and

(b) an order under section 11(4) dissolves the group or separates one or more parishes from the group.

(2) The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.

(3) In subsection (2) “de-grouped parish” means—

(a) in the case of dissolution of the group, each parish in the group;

(b) in the case of separation of one or more parishes from the group, each parish that is separated.

Parishes: alternative styles

12

(1) An order made by a district council or district councils or by a London borough council under section . . . 10 or 11 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council or district councils or the London borough council to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2) When any such order is made, section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters) shall apply as if—

(i) the reference in subsection (1) to an order under section 7 or 10 of that Act were to an order under section 10 or 11 of this Act; and

(ii) the reference in subsection (5)(b) to any order or regulations under Chapter 1 of Part 1 of that Act were to an order under section 10 or 11 of this Act.

(3) Two copies of every order under section 10 or 11 above shall be sent to the Secretary of State.

12A

(1) This section applies to a parish which is not grouped with any other parish.

(2) The appropriate parish authority may resolve that the parish shall have one of the alternative styles.

(3) If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style.

(4) A single resolution may provide for a parish—

(a) to cease to have an alternative style, and

(b) to have another of the alternative styles instead.

(5) As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following—

(a) the Secretary of State;

(b) the Local Government Boundary Commission for England;

(d) the Director General of the Ordnance Survey;

(e) any district council, county council or London borough council within whose area the parish lies.

(6) In this section “appropriate parish authority” means—

(a) the parish council, or

(b) if the parish does not have a parish council, the parish meeting.

12B

(1) This section applies to a group of parishes.

(2) The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.

(3) If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.

(4) A single resolution may provide for each of the grouped parishes—

(a) to cease to have an alternative style, and

(b) to have the same one of the other alternative styles instead.

(5) If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—

(a) “group of communities”;

(b) “group of neighbourhoods”;

(6) As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—

(a) the Secretary of State;

(b) the Local Government Boundary Commission for England;

(d) the Director General of the Ordnance Survey;

(e) any district council, county council or London borough council within whose area the group lies.

13

(1) The parish meeting of a parish shall consist of the local government electors for the parish.

(2) Any act of a parish meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting, or, if an instrument under seal is required, by an instrument signed by those persons and sealed with the seal of the parish council in the case of a parish having a separate parish council or the parish trustees in any other case, if that council or those trustees have a seal, or, if they do not, with the seals of those persons.

(3) In a parish not having a separate parish council the chairman of the parish meeting and the proper officer of the district council shall be a body corporate by the name of “the Parish Trustees” with the addition of the name of the parish.

(4) The parish trustees of a parish shall act in accordance with any directions given by the parish meeting.

(5) Notwithstanding anything in any rule of law the parish trustees need not have a common seal, but where they have no seal any act of theirs which requires to be signified by an instrument under seal may be signified by an instrument signed and sealed by the persons who are the parish trustees.

(5A) If the parish has the style of community—

(a) the parish meeting shall have the style of “community meeting”;

(b) the parish trustees shall be known by the name of “The Community Trustees” with the addition of the name of the community.

(5B) If the parish has the style of neighbourhood—

(a) the parish meeting shall have the style of “neighbourhood meeting”;

(b) the parish trustees shall be known by the name of “The Neighbourhood Trustees” with the addition of the name of the neighbourhood.

(5C) If the parish has the style of village—

(a) the parish meeting shall have the style of “village meeting”;

(b) the parish trustees shall be known by the name of “The Village Trustees” with the addition of the name of the village.

14

(1) A parish council shall consist of the chairman and parish councillors and shall have all such functions as are vested in the council by this Act or otherwise.

(2) The parish council shall be a body corporate by the name “The Parish Council” with the addition of the name of the particular parish.

(2A) If the parish has the style of community, the council shall be known by the name “The Community Council” with the addition of the name of the community.

(2B) If the parish has the style of neighbourhood, the council shall be known by the name “The Neighbourhood Council” with the addition of the name of the neighbourhood.

(2C) If the parish has the style of village, the council shall be known by the name “The Village Council” with the addition of the name of the village.

(2D) If parishes are grouped under a common parish council—

(a) subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that council as the subsection would apply in the case of the council of an individual parish; but

(b) the names of all of the parishes, communities, neighbourhoods or villages in the group are to be included in the name of the common council.

(3) Notwithstanding anything in any rule of law, a parish council need not have a common seal, but where a parish council have no seal any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

15

(1) The chairman of a parish council shall be elected annually by the council from among the elected councillors.

(2) The election of a chairman shall be the first business transacted at the annual meeting of the parish council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the parish council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(5) A parish council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6) The parish council may appoint a member one of the elected members of the council to be vice-chairman of the council.

(7) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8) During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of parish councillors.

(9) Subject to any standing orders made by the parish council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(10) In a parish not having a separate parish council, the parish meeting shall, subject to any provisions of a grouping order, at their annual assembly elect a chairman for the year who shall continue in office until his successor is elected.

(11) If the parish has the style of community, the chairman and vice-chairman shall (respectively) have the style—

(a) “chairman of the community council”;

(b) “vice-chairman of the community council”.

(12) If the parish has the style of neighbourhood, the chairman and vice-chairman shall (respectively) have the style—

(a) “chairman of the neighbourhood council”;

(b) “vice-chairman of the neighbourhood council”.

(13) If the parish has the style of village, the chairman and vice-chairman shall (respectively) have the style—

(a) “chairman of the village council”;

(b) “vice-chairman of the village council”.

(14) If parishes which have an alternative style are grouped under a common parish council, subsection (11), (12) or (13) (as appropriate) applies to the chairman and vice-chairman of that council as the subsection would apply in the case of the council of an individual parish.

16

(1) The number of elected parish councillors for each parish council shall not be less than five.

(2) Parish councillors shall be elected by the local government electors for the parish in accordance with this Act and Part I of the Representation of the People Act 1983 and relevant electoral arrangements.

(2A) In their application to the election of parish councillors, this Act and Part 1 of the Representation of the People Act 1983 (c. 2) are subject to the relevant electoral arrangements that apply to the election.

(2B) For the purposes of this section “relevant electoral arrangements” means—

(a) any arrangements about the election of councillors that are made in, or applicable by virtue of, provision made by virtue of section 245(6)(b) of the Local Government and Public Involvement in Health Act 2007 (transitional, saving or transitory provision), and

(b) any electoral arrangements applicable to the council by virtue of an order under section 7 or 10 or an order under section 86 of the Local Government and Public Involvement in Health Act 2007.

(3) Subject to any provision included in an order by virtue of section 67 below and to the provisions of paragraphs 12 and 13 of Schedule 3 to this Act, the ordinary elections of parish councillors shall take place in 1976, 1979 and every fourth year thereafter, their term of office shall be three years in the case of those elected at the ordinary elections in 1976 and four years in the case of those elected at ordinary elections held thereafter, and the whole number of parish councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.

(4) Where a parish is not divided into parish wards there shall be one election of parish councillors for the whole parish.

(5) Where a parish is divided into parish wards there shall be a separate election of parish councillors for each ward.

(6) If the parish has the style of community, the councillors shall have the style of “councillors of the community council”.

(7) If the parish has the style of neighbourhood, the councillors shall have the style of “councillors of the neighbourhood council”.

(8) If the parish has the style of village, the councillors shall have the style of “councillors of the village council”.

(9) If parishes which have an alternative style are grouped under a common parish council, subsection (6), (7) or (8) (as appropriate) applies to the councillors of that council as the subsection would apply in the case of the council of an individual parish.

16A

(1) A parish council may appoint persons to be councillors of the council.

(2) The Secretary of State may by regulations make provision about—

(a) the appointment of persons under this section;

(b) the holding of office after appointment under this section.

(3) The regulations may, in particular, make provision about any of the following matters—

(a) persons who may be appointed;

(b) the number of persons who may be appointed;

(d) the right of persons appointed to participate in decision-making by the council (including voting);

(e) purposes for which a person appointed is to be treated as an elected councillor;

(f) the filling of vacancies.

(4) In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.

(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

17

Miscellaneous

17A

(1) This section applies for the purposes of sections 9 to 16A.

(2) “Alternative style” means one of the following styles—

(a) “community”;

(b) “neighbourhood”;

(3) References to a parish having an alternative style, or a particular alternative style, are references to the parish having that style by virtue of—

(a) a relevant order, or

(b) a resolution under section 12A or 12B.

(4) The provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style are subject to any resolution under section 12A or 12B relating to that parish.

(5) A resolution under section 12A or 12B relating to a parish is subject to any provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style.

(6) A parish shall cease to have an alternative style if the parish begins to have the status of a town by virtue of section 245(6).

(7) In this section “relevant order” means an order under—

(a) section 11 of this Act, or

(b) section 86 of the Local Government and Public Involvement in Health Act 2007.

18

Schedule 3 to this Act shall have effect with respect to the division of non-metropolitan counties into districts, the establishment of the new local authorities in England, the suspension of elections of members of existing local authorities there and related matters.

19

This Part of this Act shall extend to England only.

Part II — Local Government Areas and Authorities in Wales

New local government areas

Chairman and vice-chairman of parish council or meeting.

20

(1) For the administration of local government on and after 1st April 1996, the local government areas in Wales shall be—

(a) the new principal areas; and

(b) the communities.

(2) The new principal areas (determined by reference to areas which, immediately before the passing of the Local Government (Wales) Act 1994, are local government areas) are set out in Parts I and II of Schedule 4 to this Act.

(3) Each of the new principal areas shall have the name given to it in Schedule 4.

(4) The new principal areas set out in Part I of Schedule 4 shall be counties and those set out in Part II of that Schedule shall be county boroughs.

(5) In this Act “principal area”, in relation to Wales, means a county or county borough.

(6) The counties which were created by this Act, as originally enacted, as counties in Wales, and the districts within them, shall cease to exist on 1st April 1996 except that the preserved counties shall continue in existence (with, in some cases, modified boundaries) for certain purposes.

(7) The councils of the counties and districts mentioned in subsection (6) above shall cease to exist on 1st April 1996.

(8) The areas of the preserved counties are set out in Part III of Schedule 4 and are determined by reference to local government areas in existence immediately before the passing of the Local Government (Wales) Act 1994.

(9) The Secretary of State may by order change the name by which any of the preserved counties is for the time being known.

(10) Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11) The Welsh name of each of the new principal areas is shown in Schedule 4 immediately after its English name.

Principal councils

21

(1) For every principal area in Wales there shall be a council consisting of a chairman and councillors.

(1A) Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive ..., the council shall consist of an elected mayor, a chairman and councillors.

(1B) In such a case, a reference in this Act to a member of a council is a reference to—

(a) the elected mayor of the council,

(b) the chairman of the council, or

(2) Each such council shall be a body corporate and shall have the functions given to them by this Act or otherwise.

(3) Each council for a county in Wales shall have the name of the county with the addition—

(a) in the case of their English name, of the words “County Council” or the word “Council” (as in “Cardiganshire County Council” or “Cardiganshire Council”); and

(b) in the case of their Welsh name, of the word “Cyngor” (as in “Cyngor Sir Aberteifi”).

(4) Each council for a county borough in Wales shall have the name of the county borough with the addition—

(a) in the case of their English name, of the words “County Borough Council” or the word “Council” (as in “Caerphilly County Borough Council” or “Caerphilly Council”); and

(b) in the case of their Welsh name, of the words “Cyngor Bwrdeistref Sirol” or the word “Cyngor” (as in “Cyngor Bwrdeistref Sirol Caerffili” or “Cyngor Caerffili”).

(5) In the case of Abertawe, Caerdydd and Powys subsection (3)(b) above shall have effect as if it required the addition of the words “Cyngor Sir”.

Members of principal councils

22

(1) The chairman of a principal council shall be elected annually by the council from among the councillors.

(1A) A member of the executive of a principal council , or an assistant to the executive, may not be elected as the chairman of the council.

(2) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3) During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(4) The chairman of a principal council shall have precedence in the area of that council, but not so as to affect Her Majesty’s prerogative prejudicially.

(4A) Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive ... as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2) If, apart from section 22(3) above or section 24(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

24

(1) A principal council shall appoint a member of the council to be a vice-chairman of the council.

(1A) A member of the executive of a principal council , or an assistant to the executive, may not be appointed as the vice-chairman of the council.

(2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act , Part 1 of the Representation of the People Act 1983 , and Part 1 of the Local Government and Elections (Wales) Act 2021.

(2) For the purpose of the election of councillors, every principal area in Wales shall be divided into electoral wards, each returning such number of councillors as may be provided by an order under paragraph 2 of Schedule 5 to this Act or under or by virtue of the provisions of Part IV of this Act or Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 , or by regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021.

(3) There shall be a separate election for each electoral ward.

25A

(1) The chairman of a county borough council is entitled to the style of “mayor” or “maer”.

(2) The vice-chairman of a county borough council is entitled to the style of “deputy mayor” or “dirprwy faer”.

(3) This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive ....

26

(1) The ordinary elections of councillors of the new principal councils shall take place in 2022 and in every fifth year after 2022.

(2) The term of office of every such councillor shall be five years.

(3) On the fourth day after any such ordinary election—

(a) the persons who were councillors immediately before the election shall retire; and

(b) the newly elected councillors shall assume office.

Communities

27

(1) A meeting of the local government electors for a community (“a community meeting”) may be convened for the purpose of discussing community affairs and exercising any functions conferred by any enactment on such meetings.

(2) The community councils in existence on 1st April 1996 shall, subject to any provision made under this Act, continue in existence after that date.

(3) Subsection (4) below applies where—

(a) the name of a community was given only in its English form or only in its Welsh form; but

(b) there is a generally accepted alternative form of that name, or alternative name, in Welsh or (as the case may be) in English.

(4) The principal council within whose area the community lies shall, before 1st October 1997, take such steps as may be prescribed with a view to securing that there is both an English and a Welsh name for the community.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

(1) Subject to subsection (3) below, no community application shall be made in relation to any community—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) during the period of two years beginning with the coming into force of an order relating to the community under Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 consequent on recommendations made under that Part by the Democracy and Boundary Commission Cymru

(c) during the two years beginning with the coming into force of an order made under this Part of this Act on a community application in relation to the community.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may, on an application made by the Democracy and Boundary Commission Cymru at any time when conducting a review ... under Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 or on an application by a principal council at any time when conducting such a review, direct that no community application shall be made in relation to any community affected by the review until the Secretary of State further directs.

(4) Notwithstanding anything in subsection (1) above but without prejudice to subsection (3) above, the Secretary of State may permit the making of a community application in relation to a community if requested to do so by the council of the area in which the community is situated or by the community council (if any) or a community meeting of the community.

(5) In this section “community application” means any application referred to in section 27B, 27D, 27F, 27H, 27J or 27L above.

31

(1) An order made by a principal council under section 27B, 27D, 27F, 27H, 27J or 27L above may contain such incidental, consequential, transitional or supplementary provision as may appear to the principal council to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2) Where any such order is made, section 44 of the Democracy and Boundary Commission Cymru etc. Act 2013 is to apply as if the order were made under Part 3 of that Act.

(3) Two copies of every such order shall be sent to the Secretary of State.

32

(1) A community meeting of a community shall consist of local government electors for the community.

(2) A community meeting may authorise the person presiding and two other local government electors present at the meeting to do anything or any class of things authorised by the meeting.

(3) Any act of a community meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting.

33

(1) A community council shall be a body corporate consisting of the chairman and community councillors and shall have the functions given to them by this Act or otherwise.

(2) Each community council shall have the name of the community, with the addition—

(a) in English, of the words “Community Council” (as in “Dale Community Council” or “Llandrillo Community Council”); and

(b) in Welsh, of the words “Cyngor Cymuned” (as in “Cyngor Cymuned Dale” or “Cyngor Cymuned Llandrillo”).

(3) A community council need not have a common seal.

(4) Where a community council do not have a seal, any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

Chairman.

33A

(1) The Secretary of State may by order designate any matter—

(a) for the purposes of subsection (2) below; or

(b) for the purposes of subsection (3) below.

(2) Where a new principal council are to consider any proposal which relates to a matter which is designated for the purposes of this subsection, the council shall—

(a) afford the relevant community councils an opportunity to make representations to them about the proposal;

(b) before making any decision in relation to the proposal, take into account any representations made to them by any relevant community council with respect to the proposal; and

(c) when they take a decision with respect to the proposal, notify without delay any relevant community council by whom any such representations have been made.

(3) If a community council have given written notice to the relevant principal council—

(a) that they wish to be consulted about a specified proposal which is to be considered by the principal council, and which relates to a matter designated for the purposes of this subsection, or

(b) that they wish to be consulted about any proposal which is to be considered by the principal council and which relates to such a matter,

the principal council shall take the steps mentioned in subsection (2) above in relation to that community council.

(4) An order under this section may—

(a) prescribe circumstances (including, in particular, the need to act with urgency) in which subsections (2) and (3) above do not apply;

(b) give the Secretary of State power, in such circumstances as may be prescribed by the order, to provide that in relation to any principal council specified by him, those subsections shall not apply or shall apply only to the extent specified by him.

(5) A contravention of the duty imposed by subsection (2) or (3) above shall not affect the validity of any decision of a principal council or of anything done in pursuance of any such decision.

(6) In this section—

“relevant community council”, in relation to a principal council, means the council of any community which is, or group of communities which are, within the area of the principal council; and

“relevant principal council”, in relation to any community council, means the principal council within whose area the community is, or group of communities are, situated.

(7) The power to make an order under this section shall include power—

(a) to make such incidental, consequential, transitional or supplemental provision as the Secretary of State thinks necessary or expedient; and

(b) to make different provision for different areas, including different provision for different localities and for different authorities.

34

(1) The chairman of a community council shall be elected annually by the council from among the councillors.

(2) The election of a chairman shall be the first business transacted at the annual meeting of the community council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the community council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A community council may appoint a member of the council to be vice-chairman of the council.

(7) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8) During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of community councillors.

(9) Subject to any standing orders made by the community council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

35

(1) Community councillors shall be elected by the local government electors for the community in accordance with this Act and Part I of the Representation of the People Act 1983.

(2) There shall be ordinary elections of community councillors in 2022 and in every fifth year thereafter.

(2A) The term of office of the community councillors shall be five years.

(2B) On the fourth day after any such ordinary election—

(a) the persons who were councillors immediately before the election shall retire; and

(b) the newly elected councillors shall assume office.

(3) Where a community is not divided into community wards there shall be one election of community councillors for the whole community.

(4) Where a community is divided into community wards there shall be a separate election of community councillors for each ward.

36

Miscellaneous

37

Schedule 5 to this Act shall have effect with respect to the establishment of principal councils in Wales and connected matters.

38

This Part of this Act shall extend to Wales only.

Part III

39–45

Part IV — Changes in Local Government Areas

Proposals by Local Government Boundary Commission for England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

47

48

49

50

51

52

Proposals by Local Government Boundary Commission for Wales

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct of reviews

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Border between England and Wales

62

Initial reviews

63

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

67

(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) Regulations under this section may in particular include, in addition to any provision made by virtue of section 255 below, provision of general application with respect to—

(a) the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;

(b) the functions or areas of jurisdiction of any public body, justice of the peace other than a District Judge (Magistrates’ Courts), coroner, custos rotulorum, lord-lieutenant, lieutenant, high sheriff and other officers (including police officers) , and the functions of any District Judge (Magistrates’ Courts),within any area affected by any such order, and the costs and expenses of such public bodies and persons as aforesaid;

and may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of an Act, an instrument made under an Act or a charter.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5) Any such order may also include provision with respect to—

(a) the name of any altered area;

(b) the constitution , election and membership of public bodies in any area affected by the order;

(c) the total number of councillors, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas and the first election of councillors for any new or altered electoral area;

(d) without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question in a case where substantial changes have been made to some of those areas;

(e) without prejudice to paragraph (c) above, the order of retirement of councillors for any such electoral area;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order.

(5A) Without prejudice to subsection (5), an order under section 58 which makes provision altering any police areas may make provision as to who is to be a police and crime commissioner, including—

(a) provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order;

(b) provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.

(5B) Such an order which includes provision within subsection (5A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

(1) Any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act or by an order under section 162 of the Local Government (Wales) Measure 2011 may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2) The agreement may 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 either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(3) In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbitrator may provide for any matter for which an agreement under this section might have provided.

(4) Any sum required to be paid by a public body in pursuance of an agreement or award under this section may be paid out of such fund or rate as may be specified in the agreement or award, or if no fund or rate was specified, either out of the fund or rate from which the general expenses of the public body are defrayed, or out of such fund or rate as the public body may direct.

(5) For the purposes of paying any capital sum required to be paid by a public body in pursuance of any such agreement or award—

(a) a local authority may borrow without the approval of the Secretary of State, but so that the sum borrowed shall be repaid within such period as the authority with the consent of the Secretary of State may determine;

(b) any other public body having power under any enactment or any instrument made under any Act to borrow may borrow under that enactment or instrument; and

(c) a public body having no power under any enactment or any such instrument to borrow may be empowered by an order made by the Secretary of State to borrow in such manner and in accordance with such conditions as may be provided by the order.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Any agreement or award under this section which relates to the profits of local taxation licences shall, so far as it so relates, be carried out in accordance with regulations made by the Secretary of State.

(9) Subsection (8) above shall apply to—

(a) an adjustment made under section 151 of the 1933 Act, whether as originally enacted or as applied by any other enactment or any instrument made under any Act; and

(b) an adjustment made under section 32 or 62 of the Local Government Act 1888, whether as originally enacted or as so applied, and consequent on an alteration of areas effected after 31st March 1930;

as it applies in relation to an agreement or award under this section.

69

(1) The power conferred by section 266 below to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2) The Secretary of State or Welsh principal council proposing to make any such varying or revoking order shall prepare a draft of the order, shall send copies of the draft to such local or public authorities as appear to him or them to be concerned, and shall give public notice, in such manner as appears to him or them sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at a place specified in the notice and that representations with respect to the draft may be made to him or them within two months of the publication of the notice.

(3) The Secretary of State or Welsh principal council shall consider any representations duly made with respect to the draft and may, if he or they think fit, make an order either in the form of the draft or subject to modifications.

(4) The Secretary of State or a Welsh principal council may cause a local inquiry to be held with respect to the draft and section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this subsection by a . . . council with the substitution for references to a Minister of references to the council.

(5) Any supplementary provision contained in an order made by a Minister of the Crown under any of the following enactments (being enactments making provision corresponding to some or all of the foregoing provisions of this Part of this Act), that is to say—

(a) section 46 of the Local Government Act 1929;

(b) Part VI of the 1933 Act;

(d) section 6 of the 1963 Act;

(e) any enactment repealed by the 1933 Act and corresponding to any enactment in the said Part VI;

may be varied or revoked by an order made by the Secretary of State, and subsections (2) to (4) above shall apply in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(6) Any supplementary provision contained in an order made under any of the enactments mentioned in subsection (5) above by any predecessor of a Welsh principal council may be varied or revoked in relation to any Welsh principal area to which or part of which that provision relates by an order made by the council of that area, and subsections (2) to (4) above shall apply with all necessary modifications in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(7) In this section “supplementary provision” means any such provision as could be made by an order under this Part of this Act by virtue of section 67 above or section 255 below.

Miscellaneous

70

(1) No local authority in England, joint authority , economic prosperity board , combined authority or combined county authority... shall have power to promote a bill for forming or abolishing any local government area ... or for altering, or altering the status or electoral arrangements of, any local government area . . .

(2) Subsection (1) above shall have effect as if the reference to a joint authority included a reference to the London Fire Commissioner.

(3) No local authority in England, joint authority , economic prosperity board , combined authority or combined county authority shall have power to promote a Bill for forming, altering or abolishing executive arrangements ..., or for altering arrangements for electing an elected mayor.

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation with community councils.

72

(1) Subject to subsection (3) below, every accretion from the sea, whether natural or artificial, and any part of the sea-shore to the low water-mark, which does not immediately before the passing of this Act form part of a parish shall be annexed to and incorporated with—

(a) in England, the parish or parishes which the accretion or part of the sea-shore adjoins, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in proportion to the extent of the common boundary.

(2) Every accretion from the sea or part of the sea-shore which is annexed to and incorporated with a parish . . . under this section shall be annexed to and incorporated with the district and county in which that parish . . . is situated.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In England, in so far as the whole or part of any such accretion from the sea or part of the sea-shore as is mentioned in subsection (1) above does not adjoin a parish, it shall be annexed to and incorporated with the district which it adjoins or, if it adjoins more than one district, with those districts in proportion to the extent of the common boundary; and every such accretion or part of the sea-shore which is annexed to and incorporated with a district under this section shall be annexed to and incorporated with the county in which that district is situated.

73

(1) Where, in the exercise of any power conferred by the conferred by the Water Resources Act 1991, the Land Drainage Act 1991 or any other enactment, a water-course forming a boundary line between two or more areas of local government in England is straightened, widened or otherwise altered so as to affect its character as a boundary line, the drainage board or other persons under whose authority the alteration is made shall forthwith send notice of the alteration to the Secretary of State.

(2) If after consultation with the Local Government Boundary Commission for England ... the Secretary of State is satisfied that, having regard to the alteration specified in the notice, a new boundary line may conveniently be adopted, he may by order declare that such line as may be specified in the order (whether or not consisting wholly or in part of the line of the water-course as altered) shall be substituted for so much of the boundary line as, before the alteration, lay along the line of the water-course; and where such an order is made the limits of the areas of which the water-course, before the alteration, was the boundary shall be deemed to be varied accordingly.

(3) The Secretary of State shall, in such manner as he thinks appropriate, publish notice of any order made by him under this section.

(4) For the purposes of this section a preserved county is an area of local government.

74

(1) Subject to subsection (5) below, the council of a county , county borough, district or London borough may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the county , county borough, district or borough.

(2) Where the name of a district which has been granted the status of a city, borough or royal borough or the name of a London borough is changed in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

(2A) Where a Welsh principal area which has, by charter or other grant or incorporation order, been granted the status of a county borough, city or royal borough subsequently changes the name of the council in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

(3) Notice of any change of name made under this section . . .—

(a) shall be sent by the council concerned to the relevant Minister, to the Director General of the Ordnance Survey and to the Registrar General; and

(b) shall be published in such manner as the relevant Minister may direct.

(3A) Where any change of name under this section relates to a Welsh principal area, notice must also be sent to the Democracy and Boundary Commission Cymru.

(4) A change of name made in pursuance of this section . . . shall not affect any rights or obligations of any county , county borough, district or London borough or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) If the name of a Welsh principal area is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.

(8) In this section the “relevant Minister” is—

(a) in relation to the change of name of a Welsh principal area, the Welsh Ministers, and

(b) in relation to any other change of name, the Secretary of State.

75

(1) At the request of the parish council or, where there is no parish council, at the request of the parish meeting, the council of the district in which the parish is situated may change the name of the parish.

(2) Notice of any change of name made under this section—

(a) shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b) shall be published by the district council in the parish and elsewhere in such manner as they consider appropriate.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any parish or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

76

(1) At the request of the community council or, where there is no community council, at the request of a community meeting, the council of the principal area in which the community is situated may change the name of the community.

(2) Notice of any change of name made under this section . . . —

(a) shall be sent by the principal council concerned to the Welsh Ministers, to the Democracy and Boundary Commission Cymru, to the Director General of the Ordnance Survey and to the Registrar General; and

(b) shall be published by the principal council in the community and elsewhere in such manner as they consider appropriate.

(3) A change of name made in pursuance of this section . . . shall not affect any rights or obligations of any community or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(4) If the name of any community is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.

77

78

(1) In this Part of this Act—

“electoral arrangements” means—in relation to a principal area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of councillors, the number of councillors to be elected for any electoral area in that principal area and the name of any electoral area;in relation to a parish or community council or a common parish or community council, the number of councillors, the question whether the parish or community or any parish or community, as the case may be, should or should not be or continue to be divided into wards for the purpose of the election of councillors, the number and boundaries of any such wards, the number of councillors to be elected for any such ward or in the case of a common parish or community council for each parish or community and the name of any such ward;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“local government area” includes the City, the Inner Temple and the Middle Temple;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .

“substantive change” has the meaning assigned to it by section 54(1)(e) above.

(2) In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State, the Welsh Commission and every Welsh principal council and district council shall so far as is reasonably practicable comply with the rules set out in Schedule 11 to this Act.

Part V — General Provisions as to Members and Proceedings of Local Authorities

Qualifications and disqualifications

Principal council's response to a community poll

79

(1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority ... if he is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or , in the case of a local authority in England, a qualifying EU citizen or an EU citizen with retained rights and on the relevant day he has attained the age of eighteen years and—

(a) on that day he is and thereafter he continues to be a local government elector for the area of the authority; or

(b) he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or

(d) he has during the whole of those twelve months resided in that area; or

(e) in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.

(2) In this section “relevant day”, in relation to any candidate, means—

(a) except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and

(b) in the said excepted case, the day of election.

(2A) In this section “qualifying EU citizen” and “EU citizen with retained rights” have the same meaning as in the Representation of the People Act 1983 (see sections 203A and 203B of that Act).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(2C) But a person is not a qualifying Commonwealth citizen by virtue of subsection (2B)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

80

(1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority in England ... if he—

(a) holds any paid office or employment (other than the office of chairman, vice-chairman , deputy chairman, presiding member or deputy presiding member or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive) appointments or elections to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a ... joint committee or National Park authority on which the authority are represented or by any person holding any such office or employment; or

(b) is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986;

(d) has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(e) is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee under the Audit Commission Act 1998, and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government 1992. ; or

(f) is incapable of being elected to or holding—

(i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599)) (undue influence);

(ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence);

(2) Subject to the provisions of section 81 below, a paid officer of a local authority in England who is employed under the direction of—

(a) a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or

(b) a joint board , joint authority economic prosperity board, combined authority, , combined county authority ... or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

(2AA) A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes—

(a) one or more persons appointed on the nomination of the Authority acting by the Mayor, and

(b) one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,

shall be disqualified for being elected or being a member of any of those London borough councils.

(2AB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) Subsection (2) above shall have effect as if the reference to a joint board included a reference to a National Park authority.

(2B) For the purposes of this section a local authority shall be treated as represented on a National Park authority if it is entitled to make any appointment of a local authority member of the National Park authority.

(3) Subsection (1)(a) shall have effect in relation to a teacher in a school maintained by the local authority who does not hold an employment falling within that provision as it has effect in relation to a teacher in such a school who holds such an employment.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of subsection (1) ... (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the ... conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the ... conviction, ....

(5A) See also section 81A (disqualification relating to sexual offences etc (England)).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Boundary Commission for Wales.

81

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a person is disqualified under section 80 above by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Section 80(2) and (3) above shall not operate so as to disqualify—

(a) any person by reason of his being a teacher, or otherwise employed, in a school, . . . or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82

(1) The acts and proceedings of any person elected to an office under this Act or elected or appointed to an office under Part . . . IV of the Local Government Act 1985or elected as elected mayor or executive leader and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

(2) Subsection (1) above shall have effect, in relation to the Broads Authority, as if the reference to this Act included a reference to the Norfolk and Suffolk Broads Act 1988.

Acceptance, resignation and vacation of office, and casual vacancies

83

(1) The person elected to any of the following offices, that is to say, the office of chairman, vice-chairman, presiding member, deputy presiding member, . . . councillor or elected mayor of the council of a county , county borough, district or London borough . . . shall not, unless he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State, and the declaration has within two months from the day of the election been delivered to the proper officer of the council, act in the office except for the purpose of taking such a declaration.

(2) If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3) The declaration shall be made before either—

(a) two members of the council to which the declarant is elected; or

(aa) an elected mayor of the council to which the declarant is elected; or

(b) the proper officer of the council; or

(d) a commissioner appointed to administer oaths in the Senior Courts.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person elected to the office of chairman of a parish or community council or parish or community councillor shall—

(a) in the case of the chairman, at the meeting at which he is elected;

(b) in the case of a councillor, before or at the first meeting of the parish or community council after his election; or

make in the presence of a member of the council or of the proper officer of the council and deliver to the council a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State, and if he fails to do so his office shall thereupon become vacant.

(5) Any person before whom a declaration is authorised to be made under this section may take the declaration.

84

(1) A person elected to any office under this Act or elected as an elected mayormay at any time resign his office by written notice delivered—

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