1 Overview

(1)

This clause—

(a)

provides a guide to the scheme of this schedule; and

(b)

does not affect the interpretation or application of any provision of this schedule.

(2)

Clause 2 contains definitions of terms used in this schedule.

(3)

Part 1 contains 2 subparts, as follows:

(a)

subpart 1

(i)

provides that a reorganisation initiative or an investigation request may be submitted to the Commission by—

(A)

1 or more affected local authorities; or

(B)

a group comprising at least 10% of electors in the affected area; or

(C)

the Minister; and

(ii)

specifies what a reorganisation initiative and an investigation request must contain; and

(iii)

empowers the Commission to decide whether to undertake an investigation in response to a reorganisation initiative or an investigation request; and

(b)

subpart 2

(i)

authorises the Commission to develop, document, and publish the process for an investigation; and

(ii)

authorises the Commission to issue reports, with recommendations to which a local authority must respond, in the course of an investigation.

(4)

Part 2 contains 5 subparts, as follows:

(a)

subpart 1 empowers the Commission to develop and adopt reorganisation plans; and

(b)

subpart 1A

(i)

prescribes what a reorganisation plan may contain; and

(ii)

provides for the Commission to issue and notify a reorganisation plan; and

(c)

subpart 1B empowers 1 or more local authorities to—

(i)

develop and publicly consult on a reorganisation plan; and

(ii)

submit the reorganisation plan to the Commission for approval; and

(d)

subpart 2 provides for the holding of a poll on plans for major reorganisations; and

(e)

subpart 3 places restrictions on advertising by a local authority to promote or oppose a reorganisation plan in the period from the issue of the plan to when a poll is held. This subpart contains an exception for publication of material that is factual or referential.

(5)

Part 3 provides for the establishment of transition bodies and related matters.

(6)

Part 4 contains 4 subparts, as follows:

(a)

subpart 1 requires the Commission to prepare a reorganisation implementation scheme if no poll is required on a reorganisation plan, or if a poll has been held and has not defeated the reorganisation plan; and

(b)

subpart 2 specifies the matters the Commission must and may include in a reorganisation implementation scheme; and

(c)

subpart 3 contains provisions that apply to a reorganisation unless amended or declared not to apply to that reorganisation by a reorganisation order; and

(d)

subpart 4 contains provisions that establish the tax treatment of assets transferred in a reorganisation.

Schedule 3 clause 1(3): replaced, on 22 October 2019, by section 31 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Schedule 3 clause 1(4): replaced, on 22 October 2019, by section 31 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Schedule 3 clause 1(6): replaced, on 22 October 2019, by section 31 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).