grandad wrote:
Sussex wrote:
I'm still not sure it has to be adopted for a new Unitary Council in the same way it had to be adopted post-1976.
Post-1976 all the local parish councils needed to agree with the adoption.
I think there was a court case in the last 10 years where it couldn't be proved that some small parish council had passed the act, therefore the issue that the council was pursuing couldn't be advanced.
Or something like that.
My point is that the new Unitary councils are not consulting all the parish councils on the 1976 act, as far as I can see.
It defo didn't happen when B&H joined up.
Also, a lot of the bylaws have to be updated, and they have to be approved by central government. So if anything was amiss one would hope they would point it out.
As far as i can tell our Council never adopted the 1976 act correctly. The Council passed the resolution in August 1981 but I have checked the local newspapers from that time, I went from 6 months before until 6 months after and there are no public notices to inform the public of the decision. I never got round to asking any of the parish councils if they were written to. I did ask the Council which newspaper they placed the public notice but they just said that they were sure that it was done but all the paperwork from that time was destroyed when our Council building burned down.
I started to look into it a few years ago when Bryan with a Y was active on the issue. Do you think it is worth looking into this again?
Don’t bother with the parish council, that was sorted in Aylesbury case, if they can’t prove in a court of law due to a fire then they need to re-adopt it, there are loads of councils that have for that reason, Cumberland council revoked a licence and they have no power to do so, we are pretty much governed by the 76act and they haven’t adopted it,there setting fees ect and in my opinion they should repay those fees, how can they charge a fee or issue a license when they haven’t adopted the act that lets you do so? In my opinion
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