The Legislative Reform (Community Governance Reviews) Order 2015

JurisdictionUK Non-devolved
CitationSI 2015/998
Year2015

2015No. 998

REGULATORY REFORM, ENGLAND AND WALES

LOCAL GOVERNMENT, ENGLAND AND WALES

The Legislative Reform (Community Governance Reviews) Order 2015

26thMarch2015

The Secretary of State for Communities and Local Government makes the following Order in exercise of the power conferred by section 1 of the Legislative and Regulatory Reform Act 2006( 1).

For the purposes of section 3(1) of that Act, the Secretary of State considers that the conditions in section 3(2), where relevant, are satisfied.

The Secretary of State has consulted in accordance with section 13(1) of that Act.

The Secretary of State laid a draft Order and explanatory statement before Parliament in accordance with section 14(1) of that Act.

Pursuant to section 15(1) of that Act, the affirmative resolution procedure (within the meaning of Part 1 of that Act) applies in relation to the making of the Order.

In accordance with section 17(2) of that Act, the draft has been approved by resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.( 2).

Citation, application and commencement

1.-(1) This Order may be cited as the Legislative Reform (Community Governance Reviews) Order 2015.

(2) This Order applies to England only.

(3) This Order comes into force on the day after the day on which it is made.

Amendments to the Local Government and Public Involvement in Health Act 2007

2. The Local Government and Public Involvement in Health Act 2007( 3) is amended as follows.

Requirements for a community governance petition

3. In section 80(3) (community governance petitions)-

(a) in paragraph (a) for "50%" substitute "37.5%";(b) in paragraph (b) for "250" substitute "187"; and(c) in paragraph (c) for "10%" substitute "7.5%".

Community governance applications

4. After section 80 insert-

"Community governance applications

80A.

-(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).(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...

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