Written question WQ86827

The requirements that set out how new community and town councils can be created are provided within the Local Government Act 1972 (“the 1972 Act”).

Section 27A of the 1972 Act provides communities with the power to hold a community meeting to apply for an order establishing a community council.

There are a number of conditions to be met before an application for an order can be made to a principal council. The conditions that must be met are set out in section 27A of the 1972 Act:

• The community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community. A decision is only effective if not less than 10% of the local government electors for the community, or 150 of the electors (if 10% of the electors exceeds 150 electors) are present and voting at the community meeting.

• The poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

• The poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).

• A majority of those voting in the poll support the proposal to establish a separate council for the community.

Section 28B of the 1972 Act then requires the principal council within whose area the community lies to consider whether it is satisfied that the conditions in section 27A and any relevant requirements of Schedule 12, have been met. If the council is satisfied, it must make the order applied for.

This all applies where the community does not currently have a community council. A separate, but similar, procedure applies where the community is currently grouped under a common community council and the community wishes to leave it and re-establish a separate community council.

Section 245B of the 1972 Act provides the procedure for the council of a community resolving that the community shall have the status of a town. Where a resolution is passed that community council becomes a town council.