Parliamentary Constituencies Bill (HL Bill 126)

A

BILL

TO

Make provision about reports of the Boundary Commissions under the
Parliamentary Constituencies Act 1986; to make provision about the number
of parliamentary constituencies and other rules for the distribution of seats;
and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Reports of the Boundary Commissions

1 Reports of the Boundary Commissions

(1)Section 3 of the Parliamentary Constituencies Act 1986 (referred to in this Act
as “the 1986 Act”) is amended as follows.

(2)5In subsection (1) (duty on Boundary Commissions to submit reports to the
Secretary of State), for “Secretary of State” substitute “Speaker of the House of
Commons”.

(3)For subsection (2) (deadline for reports) substitute—

(2)Each Boundary Commission must submit a report under subsection
10(1)—

(a)before 1 July 2023,

(b)before 1 October 2031, and

(c)before 1 October of every eighth year after that.”

(4)After subsection (2) insert—

(2ZA)15On submitting a report to the Speaker under subsection (1), a Boundary
Commission must send a copy of it to the Secretary of State or the
Minister for the Cabinet Office.

(2ZB)On receiving a report under subsection (1), the Speaker must lay it
before Parliament.

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(2ZC)As soon as reasonably practicable after a report of a Boundary
Commission has been laid under subsection (2ZB), the Commission
must publish it in such manner as they think fit.”

(5)In subsection (2B)(a) (duty to submit progress reports to the Speaker), for
5“January that begins one year and nine months before that date” substitute
“relevant January”.

(6)After subsection (2B) insert—

(2BA)For the purposes of subsection (2B), “the relevant January” means—

(a)January 2022, in the case of a report required by subsection (2)
10to be submitted before 1 July 2023, and

(b)in the case of any other report required by subsection (2) to be
submitted before a particular date, the January that begins one
year and nine months before that date.

(For example, January 2030 in the case of a report required to be
15submitted before 1 October 2031).”

(7)Omit subsections (5) to (5C) (duty to lay reports and draft Order in Council).

2 Orders in Council giving effect to reports

(1)Section 4 of the 1986 Act (Orders in Council) is amended as follows.

(2)For subsections (1) to (4) (procedure for draft Orders in Council) substitute—

(1)20As soon as reasonably practicable after all four reports under section
3(1) which are required by section 3(2) to be submitted before a
particular date have been laid before Parliament under section 3(2ZB),
the Secretary of State or the Minister for the Cabinet Office must submit
to Her Majesty in Council a draft of an Order in Council for giving
25effect to the recommendations in those of the four reports (if any) which
are reports under section 3(1)(a) (report with recommendations).

(2)A draft of an Order in Council submitted under subsection (1)

(a)may give effect to recommendations in the reports with
modifications only if that is required under section 4A, and

(b)30may make provision for any matters which appear to the
Secretary of State or, as the case may be, the Minister for the
Cabinet Office to be incidental to, or consequential on—

(i)the recommendations in the reports, or

(ii)those recommendations together with the modifications
35that the draft is required to give effect to under section
4A.”

(3)In subsection (7) (validity of Order in Council not to be called in question), omit
the words from “and” to “Parliament”.

3 Modifications of recommendations in reports

40After section 4 of the 1986 Act insert—

4A Modifications of recommendations in reports

(1)Subsection (2) applies where—

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(a)a report of a Boundary Commission has been submitted to the
Speaker of the House of Commons under section 3(1),

(b)it is a report under section 3(1)(a) (report with
recommendations), and

(c)5no draft of an Order in Council has yet been submitted to Her
Majesty in Council under section 4(1) in relation to the report.

(2)The Commission in question may submit to the Speaker a statement (“a
statement of modifications”) specifying—

(a)the modifications which they consider should be made to the
10recommendations in the report in order to correct any error in
those recommendations, and

(b)their reasons for those modifications.

(3)On submitting a statement of modifications to the Speaker under
subsection (2), the Commission must send a copy of it to the Secretary
15of State or the Minister for the Cabinet Office.

(4)On receiving a statement of modifications under subsection (2), the
Speaker must lay it before Parliament.

(5)As soon as reasonably practicable after a statement of modifications has
been laid under subsection (4), the Boundary Commission which
20submitted the statement must publish it in such manner as they think
fit.

(6)Where a statement of modifications in relation to a report has been laid
under subsection (4), the draft of the Order in Council to be submitted
under section 4(1) in relation to the report must give effect to the
25recommendations in the report with the modifications specified in the
statement.”

4 Publicity and consultation

(1)Section 5 of the 1986 Act (publicity and consultation) is amended as follows.

(2)In subsection (1)(a)(iii) (length of initial consultation period), for “12 weeks”
30substitute “eight weeks”.

(3)Omit subsections (1)(b) and (3) (duty to hold public hearings during initial
consultation period and related provision).

(4)In subsection (4)(a) (duty to publish information after the initial consultation
period), omit “and records of public hearings held under subsection (1)(b)
35above”.

(5)In subsection (4)(b) (the secondary consultation period)—

(a)for “things” substitute “representations”, and

(b)for “four weeks” substitute “eight weeks”.

(6)After subsection (4)(b) insert—

(c)40shall cause public hearings to be held at such times during the
secondary consultation period as they think fit.”

(7)After subsection (4) insert—

(4A)Schedule 2A contains further provision about public hearings under
subsection (4)(c).

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(4B)After the end of the secondary consultation period, the Commission—

(a)must publish, in such manner as they think fit, records of public
hearings held under subsection (4)(c), and

(b)must take such steps as they think fit to inform people in the
5proposed constituencies that written representations with
respect to those records may be made to the Commission
during a specified period of eight weeks (“the third consultation
period”).”

(8)In subsection (5) (requirements if revised proposals)—

(a)10after “revised proposed constituencies” insert “before the beginning of
the third consultation period”, and

(b)in paragraph (c), for “a specified period of eight weeks” substitute “the
third consultation period”.

(9)In subsection (7) (the taking of steps), after “(4)” insert “, (4B)”.

(10)15In subsection (8) (duty to consider certain matters)—

(a)in paragraph (a), after “(4)(b)” insert “, (4B)(b)”, and

(b)in paragraph (b), for “(1)(b)” substitute “(4)(c)”.

(11)In subsection (10)(b), after “(4)” insert “, (4B)”.

(12)After subsection (10) insert—

(11)20If the report mentioned in subsection (1) is a 2023 report, this section
applies in relation to that report as if—

(a)in subsection (4)(b), the reference to eight weeks were a
reference to six weeks, and

(b)in subsection (4B)(b), the reference to eight weeks were a
25reference to four weeks.

(12)In subsection (11), a “2023 report” means a report that is required by
section 3(2) to be submitted before 1 July 2023.”

Rules for the distribution of seats

5 Number of parliamentary constituencies

30In rule 1 of Schedule 2 to the 1986 Act (number of parliamentary constituencies)
for “600” substitute “650”.

6 Taking account of local government boundaries

(1)Rule 5 of Schedule 2 to the 1986 Act (factors a Boundary Commission may take
into account) is amended in accordance with subsections (2) and (3).

(2)35In rule 5(1) (list of factors), for paragraph (b) substitute—

(b)local government boundaries which exist, or are prospective,
on the review date;”.

(3)After rule 5(1) insert—

 (1A)In the case of a local government boundary which is prospective on
40the review date, it is that boundary rather than any existing

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boundary which it replaces, which may be taken into account under
sub-paragraph (1)(b).”

(4)In rule 9 of Schedule 2 to the 1986 Act (interpretation), after sub-paragraph (3)
insert—

(3A)5A local government boundary is “prospective” on a particular date
if, on that date—

(a)it is specified in a provision of primary or secondary
legislation, but

(b)that provision is not yet in force for all purposes.

(3B)10For that purpose—

(a)“primary legislation” means—

(i)an Act of Parliament,

(ii)an Act of the Scottish Parliament,

(iii)an Act of Senedd Cymru, or

(iv)15Northern Ireland legislation, and

(b)“secondary legislation” means an instrument made under
primary legislation.”

7 Protected constituencies

(1)Schedule 2 to the 1986 Act is amended as follows.

(2)20In rule 6(2) (protected constituencies), after paragraph (b) insert “;

(c)a constituency named Ynys Môn, comprising the area of the Isle
of Anglesey County Council”.

(3)In rule 8(5) (the allocation method)—

(a)in paragraph (b), for “6(2)” substitute “6(2)(a) and (b)”, and

(b)25after paragraph (b) insert “;

(c)the electorate of Wales shall be treated for the purposes
of this rule as reduced by the electorate of the
constituency mentioned in rule 6(2)(c)”.

(4)In rule 9(7) (references to areas in rule 6)—

(a)30after “6” insert “(2)(a) or (b)”, and

(b)after “2011” insert “, and the reference in rule 6(2)(c) to the area of the
Isle of Anglesey County Council is to the area as it existed on the
coming into force of the Schedule to the Parliamentary Constituencies
Act 2020”.

8 35Registers used to determine the “electorate” in relation to the 2023 reports

(1)In rule 9(2) of Schedule 2 to the 1986 Act (definition of the “electorate”), for
“The” substitute “Subject to sub-paragraph (2A), the”.

(2)After rule 9(2) of that Schedule insert—

(2A)In relation to a report under section 3(1) that a Boundary
40Commission is required (by section 3(2)) to submit before 1 July 2023,
the “electorate” of the United Kingdom, or of a part of the United
Kingdom or a constituency, is the total number of persons whose
names appear on a register of parliamentary electors (maintained

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under section 9 of the Representation of the People Act 1983) in
respect of addresses in the United Kingdom, or in that part or that
constituency, as that register has effect on 2 March 2020.”

9 Alteration of the “review date” in relation to the 2023 reports

5In rule 9(5) of Schedule 2 to the 1986 Act (definition of the “review date”) for
“two years and ten months before that date” substitute “—

(a)1 December 2020, in the case of a report required to be
submitted before 1 July 2023, and

(b)in the case of a report required to be submitted before any
10other particular date, the date which is two years and 10
months before that date.

(For example, 1 December 2028 in the case of a report
required to be submitted before 1 October 2031).”

Current reports and reviews

10 15Removal of duty to implement etc. in relation to current reports

(1)Any duty of the Secretary of State or the Minister for the Cabinet Office under
section 3(5A) of the 1986 Act to lay before Parliament the draft of an Order in
Council for giving effect to the recommendations in current reports of the
Boundary Commissions is to be treated as having ceased to have effect on 24
20March 2020.

(2)Any other duties, or any powers, of the Secretary of State, the Minister for the
Cabinet Office or any other person under the 1986 Act in relation to a current
report of a Boundary Commission are to be treated as having ceased to have
effect, or as having ceased to be exercisable, on 24 March 2020.

(3)25A report of a Boundary Commission is “current” if, immediately before 24
March 2020—

(a)the report has been submitted to the Secretary of State or the Minister
for the Cabinet Office under section 3(1) of the 1986 Act, but

(b)no Order in Council under that Act has been made for giving effect to
30the recommendations in it.

11 Removal of duty to review reduction in number of constituencies

(1)Omit section 14 of the Parliamentary Voting System and Constituencies Act
2011 (duty to review reduction in number of constituencies to 600).

(2)That repeal is to be treated as having come into force on 31 May 2020.

35Northern Ireland Assembly constituencies

12 Effect of Orders in Council under the 1986 Act on NI Assembly constituencies

(1)Section 33 of the Northern Ireland Act 1998 (Assembly constituencies and
numbers of members) is amended as follows.

(2)In subsection (3) (effect on Assembly constituencies of Orders in Council under

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the 1986 Act), for paragraph (a) substitute—

(a)the first election under section 31 or 32 for which the notice of
election, which is required to be published under Assembly
Election Rules, is published—

(i)5on a day after the end of the period of six months
beginning with the day on which the Order comes into
force, or

(ii)if sooner, on or after the day on which Parliament is
dissolved prior to the first parliamentary general
10election in relation to which the Order has effect; and”.

(3)After subsection (3) insert—

(4)In subsection (3), “Assembly Election Rules” means the rules in
Schedule 1 to the Representation of the People Act 1983, as applied by
Article 3 of, and Schedule 1 to, the Northern Ireland Assembly
15(Elections) Order 2001 (S.I. 2001/2599).”

General

13 Minor and consequential amendments and savings

(1)The Schedule to this Act contains minor and consequential amendments
(including the repeal of some provisions which are spent).

(2)20The amendments made by this Act do not affect the continuing validity of any
Orders in Council made under the 1986 Act before this Act comes into force.

14 Extent, commencement and short title

(1)This Act extends to England and Wales, Scotland and Northern Ireland.

(2)Subject to paragraph 4(4) of the Schedule, this Act comes into force on the day
25on which it is passed.

(3)This Act may be cited as the Parliamentary Constituencies Act 2020.

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Section 13

Schedule Minor and consequential amendments

Parliamentary Constituencies Act 1986

1The 1986 Act is amended as follows.

25Omit section 6C (references to the Secretary of State mean the Secretary of
State or the Minister for the Cabinet Office).

3(1)Schedule 1 (the Boundary Commissions) is amended as follows.

(2)In each of the following provisions, after “Secretary of State” insert “or the
Minister for the Cabinet Office”—

(a)10paragraph 2 (appointment of members),

(b)paragraph 4A (remuneration of members),

(c)paragraph 6(1) and (2) (appointment and remuneration etc. of
assistant Commissioners), and

(d)paragraph 7 (appointment of other officers).

4(1)15Schedule 2 (rules for distribution of seats) is amended as follows.

(2)In rule 2(3) (definition of “United Kingdom electoral quota”), for “596”
substitute “645”.

(3)In rule 5(2A) (table of the English regions which is inserted by paragraph
1(3) of Schedule 2 to the European Parliamentary Elections Etc. (Repeal,
20Revocation, Amendment and Saving Provisions) (United Kingdom and
Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310)), in column (2) of the
Table, in the list of areas comprising the North West region, below “County
of Blackburn with Darwen” insert “County of Blackpool”.

(4)If this Act is passed on a day which is before the day on which paragraph
251(3) of Schedule 2 to those Regulations comes into force, sub-paragraph (3)
comes into force immediately after that provision of those Regulations
comes into force (instead of on the day on which this Act is passed).

5(1)Schedule 2A (public hearings about Boundary Commission proposals) is
amended as follows.

(2)30In paragraph 6(b) (public hearing to begin with explanation of how written
representations may be made), after “(4)(b)” insert “, (4B)(b)”.

(3)In paragraph 9 (interpretation), in the definition of “public hearing”, for
“section 5(1)(b)” substitute “section 5(4)(c)”.

Boundary Commissions Act 1992

635The Boundary Commissions Act 1992 is amended as follows.

7Omit the following provisions (which are spent)—

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(a)section 2(1) (application of section 2 to reports of the Boundary
Commission under section 3(1) of the 1986 Act), and

(b)section 2(2) (requirement for Boundary Commissions to submit a
report under section 3(1) of the 1986 Act no later than 31 December
51994).

Parliamentary Voting System and Constituencies Act 2011

8The Parliamentary Voting System and Constituencies Act 2011 is amended
as follows.

9Omit the following provisions (which make amendments or other provision
10which are superseded by provision made by this Act or are spent)—

(a)section 10(3), (6) and (8) (amendments to sections 3 and 4 of the 1986
Act),

(b)section 10(11) (modification of the Lord President of the Council
Order 2010 (S.I. 2010/1837)),

(c)15section 11(2) (transitional provision relating to the Boundary
Commission reports of 2018), and

(d)section 13(3) to (8) (transitional provision relating to ongoing or
unimplemented reports of the Boundary Commission for Wales in
2011).

20Electoral Registration and Administration Act 2013

10The Electoral Registration and Administration Act 2013 is amended as
follows.

11Omit section 6 (which makes amendments to section 3 of the 1986 Act and
sections 11 and 14 of the Parliamentary Voting System and Constituencies
25Act 2011 which are superseded by provision made by this Act).