31 July 1997 Local Government & Rating Act 1997 Parish Reviews

INTRODUCTION
1. This Circular contains guidance on the establishment of new parishes and parish councils, and on arrangements for making parish boundary and electoral changes to established parishes and parish councils in England, outside Greater London. It applies, where appropriate, to a local council which has taken the title of town council. It replaces Department of the Environment Circular 121/77.

STATUTORY PROVISIONS
2. Legislation on parish arrangements is set out in the Local Government Act 1972, the Local Government Act 1992, and the Local Government and Rating Act 1997 ¹. Proposals for changes to parish arrangements may come forward in any of three ways:
¹ This circular refers to these as the 1972, 1992 and 1997 Acts respectively

District Reviews: Under the 1997 Act; reviews of parish arrangements may be carried out by a district councilor a unitary county council ². The district council may review the whole or part of its area and make recommendations for changes in parish boundaries (including the creation, alteration or abolition of a parish) and consequential changes in " electoral arrangements. The Secretary of State may then accept ( with or without modifications) or reject the recommendations, or he may refer them to the Local Government Commission for England. Where the Secretary of State, does so, the Commission must then carry put a simplified form of review having regard to the district council's recommendations, and report back to the Secretary of State either confirming those recommendations .or making further or different proposals. The Secretary of State may either accept {with or without modifications) or reject the recommendations or proposals. The district council may also conduct reviews of electoral arrangements in existing parishes and act on the outcome.
². Hereafter, reference to a district council also includes a unitary county council.

Public Petitions:
Under the 1997 Act, proposals for the creation of parishes may be presented to the Secretary of State, via the district council, in the form of a petition from electors in the area of the proposed parish. The district council has a right to add its comments to a proposal but cannot block a valid petition. When the Secretary of State receives a petition he may accept or reject it, or refer it to the Local Government Commission for review on the same basis: as for a district council's recommendation.

4. In addition, the Local Government Commission has a duty, under the 1992 Act, periodically to review electoral arrangements in principal local authority areas. It may also make recommendations concerning electoral arrangements within existing parish and town council areas. Separate guidance on the Commission's conduct of Periodic Electoral Reviews (PERs) can be obtained from the Commission (Local Government Commission for England, Dolphyn Court, 10/11 Great Turnstile, London WC1 V 7}U).

5. Under the 1997 Act, the Secretary of State has the power to give effect, by order, to all or any of the recommendations from a district councilor the Commission, or a proposal for a parish 'by petition, with or without modification. The district council has the power to put in place or alter electoral arrangements for parishes, though (as indicated in paragraph 41 below) this may be subject to direction by the Secretary of State.

A Local Matter
6. Since a district council now has the, ability to undertake parish reviews and the procedure for establishing a new parish can be initiated by public petition, it is expected that the initiative in these matters will normally be taken at local level.

Defining a parish
7. Parish councils have two main roles: community representation and local administration. For both purposes it is desirable that a parish should reflect a small, distinctive and recognisable community of interest, with its own sense of identity. The feeling of local community and the wishes of local inhabitants are the primary considerations.

8. The identification of a community is not a precise or rigid matter. The pattern of daily life in each of the existing communities, the local centres for education and child care, shopping, community activities, worship, leisure pursuits, transport facilities and means of communication generally will have an influence. However, the focus of people's day to day activities may not be reflected in their feeling of community identity. For instance, historic loyalty may be to a town but the local community of interest and social focus may lie within a part of the town with its own separate identity.

9. The boundaries between, parishes need to reflect the "no-man's land" between communities represented by areas of low population or barriers such as rivers, roads or railways. They need to be, and be likely to remain, easily identifiable. They must fall within one district council area and must not generally cross district ward or county division boundaries.

Rural areas
10. Most populated rural areas are already parished. It is desirable that any changes should result in parishes, or groups of parishes (see below ), with sufficient population to justify the establishment of a parish council in each, rather than rely on parish government by parish meeting only. Section 16(2) of the 1997 Act requires that a parish with 200 or more electors must have a parish council, and that a parish with between 150 and 200 electors must have a council if the parish meeting resolves in favour of one. (Where a parish with a population of less than 150 resolves in favour of a parish council it is at the discretion of the district council whether or not to establish one. )

11. The focus of community feeling will differ from place to place and between different types of settlement. A scatter of hamlets may have a feeling of community within each hamlet, meriting a separate parish for each one, or amongst a number of hamlets, for which one parish covering all may be appropriate. Where a number of hamlets surround a village it may be best to base the parish on the village and its environs, provided that the sense of individual identity is not lost.

Grouping Parishes
12. Parishes which individually have electorates under 200 and no parish council can be grouped so that a parish council can be formed; so can parishes which no longer require a separate parish council. This may avoid the need for substantive changes to parish boundaries, the creation of new parishes, or the abolition of very small parishes where - despite their size -they still reflect community identity. Grouping needs, however, to be compatible with the retention of community interests. It would be inappropriate for it to be used to build artificially large units under single parish councils. Town status cannot be adopted for a parish which is grouped (section 245(6) of the 1972 Act).

13. Where a district council takes action to group parishes, under section 11 of the 1972 Act, no reference is required either to the -Local Government Commission or to the Department. However, for administrative purposes, the Department would wish to be informed when such action has been taken. Model grouping orders are available from the Department.

Urban Areas
14. In urban areas the- problem of identifying the community upon which a parish might be - based is usually more acute than in rural areas; - is is particularly so within conurbations. There are few parishes - just over 200 in total - in the metropolitan boroughs. In most metropolitan boroughs these are on the more sparsely populated peripheries, having been transferred, as part of former rural districts, to the metropolitan counties in 1974.

15. The lower population limits and grouping mentioned above in relation to -rural areas are unlikely to be relevant to urban areas; although both are applicable in law. In view of the representative nature of parish councils and the need for them to reflect closely the .identity of their communities, smaller parishes are to be preferred. Most parishes created following the 1991-94 review of local government structure in England were below 12,000 in population. Only a few were in the range 20,000-31,000, -and none exceeded it. However, it would not be practical or desirable to set a rigid limit for the size of an urban parish.

16. The general rule should be that the parish is based on the smallest area which reflects community identity and interest and which is viable as an administrative unit. This may mean, for example, that a parish should be based on a housing estate rather than on the town within which the estate lies. The larger the town, the greater will be the scope for identification of distinct communities within it.

17. Exceptionally, there may be cases where larger parishes would best suit the needs of the area. These might include places where the division of a cohesive area, such as a Charter Trustee town, would not reflect the sense of community which needs to lie behind all parishes; or places where there were no recognisable smaller communities, In such cases the creation of larger parishes might be justified provided the parish would not be unduly dominant within: the district. It might be the case that a large parish would not be unduly dominant if, for example, there was another large town within the district. It is doubtful whether a parish of more than 50% of the district, by population, would be justifiable. ,

Charter Trustee Towns
18. Charter trustees were set up following the local government reorganisations in the early 1970s and 1990s to preserve the historic identity. of former boroughs or cities, most with relatively large populations. To this end they have the power to carry out ceremonial functions. They were not intended to act as administrative units. Proposals to create a parish or parish council covering all or part of a charter trustee area need to be judged in particular against the following considerations:

1. The effect on the historic cohesiveness of the area;
2. Other community interests in the area. Is there a demonstrable sense of community identity encompassing the Charter Trustee area?
    Are there smaller areas within it which have a demonstrable community identity and which would be viable as administrative units?

Other Boundary Changes
19. In some cases a boundary change other than the creation of a new parish will be sufficient to ensure that parish arrangements reflect local identities and facilitate effective and convenient local government. ,

Abolition of Parish Councils and Areas 20. Section 10 of the 1972 Act makes provision for the dissolution of parish councils in parishes with very low populations. Recommendations for the dissolution of parish councils and/or parish areas which are not in this position are undesirable, unless they are associated either with boundary changes which amalgamate or divide a parish, or with plans for a parish to be grouped with 'others under a common parish council (see paragraph 12 above).

21. Where a parish has no council, it is, required to have at least two parish meetings of electors each year (subject to any provision made by an order grouping the parish with others under a common council). Parishes with councils are required to have at least one parish meeting each year.

22. Under the 1997 Act, a district council may conduct parish reviews at any time, except that, in some cases, electoral arrangements may not be changed within five years of their being established, (see. paragraph 41(d)), The Secretary of State's view is that a district council should generally undertake a review following a major change in the population of a community or every 10,15 years, except in the case of areas with very low populations when less frequent reviews may be adequate.

23. In making its assessment of the need for new or changed parish arrangements, a district council must observe the requirement of the 1997, Act to have regard to the need .to reflect the identities and interests of local communities and to secure effective convenient local government. They must also have regard to the General Considerations identified earlier in this guidance.

24. Parishes will need to serve the community for many years so it is important to seek and assess local opinions on parish proposals. All expressions of opinion are important, but over reliance on data which may give a partial view is to be avoided. For example, an opinion poll might reflect short term dissatisfaction with a district or unitary council and not provide a sound long term view; and publicity arising from campaigning might reflect the views of a vociferous minority. The quality of arguments used and independent expressions of views will have a bearing.

25. The procedure to be followed by a district council which undertakes parish reviews, set out in the 1997 Act, is reproduced in Annex B. Existing parish councils must be consulted by district councils on matters affecting them. In non-unitary areas, district councils must consult county coUI1cils on changes to the areas of parishes, including creation, alteration and abolition, on changes to parish council electoral arrangements involving the establishment or alteration of ward boundaries, and on consequential changes to district electoral ward and county electoral division boundaries. Charter trustees must be consulted on reviews and proposals affecting charter trustee towns.

26. District councils must take steps to inform interested parties, both in parished and unparished areas, of reviews and proposals. This may include advertising them in the local press. In areas which are already parished it may be appropriate to call a parish meeting to consider whether there should be a change, and, if so, what form it might take. Later it might be appropriate to call another meeting to .consider proposals for change.

27. The matters which district councils may consider with respect to electoral arrangements for parishes, defined in the 1997 Act, are as follows:

1. the number of councillors;
2. the question whether or not the parish or (in the case of a common parish council) any of the parishes should be, or continue to be, divided into wards for the purposes of the election of councillors;
3. the number and boundaries of any such wards;
4. the number of councillors to be elected for any such ward or (in the case of .a common parish council) for each parish; and
5. the name of any such ward

(Provisions relating to common parish councils for grouped parishes are in section 11 of the 1972 Act).

28. The considerations for parish electoral arrangements, set out in the 1997 Act, are reproduced in Annex C. District councils must comply with these rules. Section 16 of the 1972 Act provides that there must be at least five councillors for a parish council.

Maps of parish changes
29. To help the Secretary of State consider district council recommendations for changes which require his agreement, each recommendation should be depicted on a map or maps. Two copies of the relevant map should be submitted with each recommendation for changes to parish arrangements. The map should be to Ordnance Survey base map scale 1:10,000 or larger with the proposed boundaries and the areas to be transferred from one parish to another coloured to indicate clearly the extent of proposed change. Further detail on mapping conventions applied by the Ordnance Survey is attached at Annex D.

PETITIONS
30. Under the 1997 Act, petitions for the creation of new parishes in currently unparished areas may be submitted to the Secretary of State, via the district council, at any time. However, the district. council is not obliged to forward a petition if it significantly overlaps a petition received within the previous two years.

31. The petition must be signed by not less than 250 or 10% of local government electors in the area concerned (ie those people who are shown on the local register of electors as resident within the area of the. proposed parish), whichever is the greater. It is advisable to ensure that there are sufficient signatures so that their number is not in dispute. The petition must clearly define the area of the proposed parish by way of a map, or a written description, which refers to identifiable fixed boundaries. one obvious way of achieving this is to use existing district ward boundaries to define the new parish area.

32. On receipt of a petition which .the district council considers valid, it must act as follows:

There is no specified timescale within which a petition for a parish would become outdated. The district council considering a petition, where some time had elapsed since signatures had been collected for it, would still be expected to forward it to the Secretary of State within three months of receipt if it met the criteria referred to in paragraph 30 above. However, it may wish to comment, as necessary, if there is a time gap since the signatures to a petiti9n had been collected. For example, it might express doubt that a petition still represented local views if population changes had taken place in the intervening. period. Alternatively it might want to indicate that the petition was still representative of local views.

There maybe exceptional cases where it would be reasonable for the district council, in giving its initial views to the Secretary of State, to request a little longer to add more considered views. An example of this might be where a council received two different petitions at the same time which conflicted with each other.

4. Consider whether to conduct its own review of associated-electoral arrangements for a parish council or the related alteration of boundaries of county electoral divisions and district wards within their area. In such a case it must notify the Secretary of State of its intention when forwarding the petition. It must then follow the procedure set out in the 1997 Act. In non-unitary areas; it must consult the county council on proposals for new ward boundaries or alteration to any county electoral division or district ward. (Regard needs to be had to Schedule 11 to the 1972 Act). It should make a written report on the outcome of the review within six months of receipt of the petition, whether or not it has by then completed its review or made recommendations.

33. In order to facilitate the Secretary of State's consideration of petitions and associated district council recommendations, district councils should, whenever possible within the prescribed timetables identified above, provide maps as referred to in paragraph 29.

District Reviews and Petitions
34. The Secretary of State may ask the Commission. to consider any proposals made to him by a district council following review or in petitions. The Commission is required to give its opinion, including any further or different proposals, after seeking the views of interested parties.

35. Where proposals are referred to the Commission, the 1997 Act provides that there must be a two stage consideration process, with one period of public consultation by the Commission before it reports to the Secretary of State.

36. Cases which the Secretary of State may refer to the Commission for consideration include the following:

1. where, in his view, there is some doubt whether the level of local support or opposition justifies the district council's recommendation or the petition for creation of a parish;
2. where the proposed parish would be so large that it risked dominating the whole district of which it was part; and
3. where proposals for change to a parish have wider implications -for example, where the boundaries cross district ward boundaries or county divisions.

Directed Reviews
37. The 1997 Act contains provision to enable the Secretary of State to direct the Commission to carry out a review of parish arrangements in a specified area. Such reviews must follow a four stage process, allowing two petitions for public representations, as set out in the 1992 Act. In the light of the provision now in place for district reviews and petitions, it is expected that directed reviews will be rare.

38, Where possible and appropriate, district councils shou19 conduct reviews of parish areas and electoral arrangements in advance ofa periodic electoral review (PER) under the 1992 Act. This will enable the Local Government Commission to examine, during the course of the PER, any consequential changes to ward boundaries and/or county electoral divisions identified in the parish review.

39. If the Secretary of State receives a petition or recommendations for changing parish arrangements from a. district council during the course of a PER he will generally not take a decision on the petition of recommendations until the review is finished.

Considerations
40. In considering district. reviews and petitions or conducting directed reviews, the Commission must have regard to the requirements of the 1997 Act identified earlier at paragraph 23 in this guidance. It must also bear in mind the General Considerations and the guidance at paragraph 24.

41. The Secretary of State has the power to give effect, by order, to all or any of the recommendations from a district or unitary county councilor from the Commission, or a proposal for a parish by petition, with or without modification. However, except where the abolition of an existing parish area/council is involved, he would normally expect electoral arrangements to be put in place, by order,. by the district council concerned. Thus, orders would be made as follows:

1. To set up or change parish areas, where abolition of an existing parish area/council is not involved: the Secretary of State will make orders to bring these changes into effect.
2. Setting up electoral arrangements associated with area changes at a) above: it is for the district council to do so by order, within a reasonable period following the Secretary of State's order; under the duty imposed by section 16(2) of the 1997 Act. Under the 1997 Act, the Secretary of State ,may in his order direct the district council to make specific provision for a parish council, which the district council must follow.
3. To set up or change parish areas where the abolition of an existing parish area/ council is involved: the Secretary of State will make .an order to establish the new parish area/s and parish council/s and abolish the old one/s.
4. Altering electoral arrangements of an existing parish: it is for the district council to do so by order within a reasonable period following publication of changes it proposes to carry out. Where the proposed changes amend electoral arrangements made by the Secretary of State within the previous five years, the district council must under the 1997 Act seek the Secretary of State's consent for the proposed changes. It is requested that all Orders made by district councils which establish or alter parish ward boundaries should be copied to the Ordnance Survey for their records.

42. Where the Secretary of State makes an order establishing a parish area, it will be made sufficiently early for the district council to make its order under section 16(2) of the 1997 Act by 11 March, so that the amount in respect of the first. precept can be included in the district council's budget setting. process. The first parish council election will, wherever possible, be held at the same time as an election to a district council in the interest of cost and administrative convenience.

43. .The most likely circumstances in which the Secretary of State will make an order which establishes a new parish area and a parish council, as mentioned at paragraph 41(c) above, are where:

1. an existing parish is to be split up with all or pan of its area to be constituted as a new parish with a council, or as part of a new parish with a council, or
2. an existing parish is to be amalgamated with the whole or part of another parish to constitute a new parish with a council.

.44. Efforts will be made to enable first elections of new parish councils to coincide with the normal May elections to district or unitary county councils; in the interests of minimising election costs. New parish areas will usually be established on 1 April, and therefore appropriate arrangements will be made for an interim parish council between 1 April and proper elections the following month.

45. In some circumstances, eg where due to the electoral cycle there are no district elections -with which a parish election can be taken, it may be appropriate to provide for parish elections prior to the 1 April date on which a new parish area is to be established. In this way, the new council can come into office on the same day that the new parish area is established. Annex E summarises the procedure which will normally be followed when orders establishing both parish and parish council are made.

A. Review Processes: Flow Charts.
B. Conduct of District Reviews 1997 Act.
C. Rules Governing Electoral Arrangements 1997 Act.
D. Mapping conventions.
E. Implementation involving amalgamation/splitting of existing parishes with councils.

PAUL ROWSELL
Assistant Secretary

The Chief Executive
County Councils in England
District-Councils in England