Local Government Act, 1991
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Proposal and application for alteration of local authority boundary. |
29.—(1) (a) A council of a county or a corporation of a county borough may, by resolution, propose that the boundary of the county or county borough be altered in accordance with the provisions of this Part. | |
(b) A corporation of a borough other than a county borough, a council of an urban district or the commissioners of a town may, by resolution, propose that the boundary of the borough, urban district or town be altered in accordance with the provisions of this Part and a council of a county may by resolution, make such a proposal in relation to any borough, urban district or town situate in such county. | ||
(c) A local authority which makes such a proposal as aforesaid and a proposal so made are referred to in this Part, respectively, as a “proposer” and a “proposal”. | ||
(d) A proposal shall specify the alteration to which it relates by reference to a map. | ||
(2) A proposer shall— | ||
(a) furnish a copy of the proposal to each local authority whose boundary is affected by the proposal and such other local authorities as may be prescribed and each authority so affected by a proposal is referred to in this Part as a “respondent”, | ||
(b) publish notice of the proposal in the prescribed form giving details of the proposal and inviting submissions with regard thereto from any person concerned within such period as shall be specified in the notice, | ||
(c) otherwise inform such persons as may be prescribed of the proposal. | ||
(3) (a) Each respondent shall consider the proposal and shall not later than 6 months from the receipt by it of a copy of the proposal, or such longer period as may be agreed upon by the proposer and the respondent, make a statement of its response to the proposal (referred to in this Part as a “statement of response”) and furnish a copy thereof to the proposer. | ||
(b) The making of a statement of response shall be a reserved function. | ||
(4) A proposer may, following consideration by it of any statement of response or submission referred to in subsection (2) that it receives within the period specified in that behalf, by resolution, amend the proposal in such manner as it thinks fit and a proposal so amended is referred to in this Part as an “amended proposal”. | ||
(5) (a) Upon the expiration, in relation to a proposal, of the periods referred to in subsections (2) (b) and (3) (a), a proposer may apply to the Minister for the making of an order under section 31 (1) altering the boundary to which the proposal or the amended proposal (as the case may be) concerned relates in accordance with the terms of the proposal or the amended proposal. | ||
(b) A decision to make such an application as aforesaid shall be a reserved function. |