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Legal proceedings | |
10 Exclusion of legal proceedings | |
No court shall entertain any proceedings for questioning the number of ballot | |
papers or votes cast in a referendum held in pursuance of an order under | |
section 1 as certified by the Chief Counting Officer for the referendum or by a | 5 |
counting officer. | |
Supplementary | |
11 Supplementary | |
(1) This Part does not affect the power of a Minister of the Crown to make | |
provision under section 129 of the 2000 Act (orders regulating the conduct of | 10 |
referendums) for or in connection with a referendum held in pursuance of an | |
order under section 1 above. | |
(2) It is immaterial whether the power is exercised before or after the passing of | |
this Act. | |
(3) Section 126 of the 2000 Act (identification of promoter and publisher of | 15 |
referendum materials) does not apply to any material published for the | |
purposes of a referendum held in pursuance of an order under section 1 above | |
if the publication is required under or by virtue of an order under section 129(1) | |
of that Act or section 6 above. | |
(4) Expressions used in this Part and in Part 7 of the 2000 Act have the same | 20 |
meaning in this Part as they do in that Part. | |
(5) The 2000 Act is the Political Parties, Elections and Referendums Act 2000 | |
(c. 41). | |
(6) Subsection (4)— | |
(a) does not apply to references to the Secretary of State; | 25 |
(b) is subject to section 26 below. | |
(7) This section applies for the purposes of this Part. | |
Part 2 | |
Local government reviews | |
Reviews | 30 |
12 Local government review | |
(1) If the Secretary of State is considering whether to cause a referendum to be held | |
in a region about the establishment of an elected assembly for the region, he | |
may direct the Boundary Committee for England— | |
(a) to carry out a local government review of the region; | 35 |
(b) to make recommendations as to the matters considered by the review. | |
(2) But the Secretary of State must not give a direction unless he has considered the | |
level of interest in the region in the holding of a referendum. | |
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(3) If at any time the Secretary of State is considering whether to cause a | |
referendum to be held in two or more regions he may consider (for the purpose | |
of deciding in respect of which (if any) regions to give a direction) any | |
differences in the levels of interest in the different regions in the holding of a | |
referendum. | 5 |
(4) For the purposes of subsections (2) and (3) the Secretary of State must | |
consider— | |
(a) views expressed and information and evidence provided to him; | |
(b) such published material as he thinks appropriate. | |
(5) For the purposes of deciding in respect of which (if any) regions to give a | 10 |
direction the Secretary of State may also consider— | |
(a) the effects he thinks the carrying out of a local government review will | |
have on the relevant local authorities (taken as a whole) in the region; | |
(b) differences in the effects he thinks the carrying out of local government | |
reviews will have on the relevant local authorities (taken as a whole) in | 15 |
different regions; | |
(c) the implications for the Boundary Committee of the making of | |
directions in respect of two or more regions at the same time or in close | |
proximity of time; | |
(d) the resources needed for the Boundary Committee to carry out local | 20 |
government reviews; | |
(e) whether the Boundary Committee have made any recommendations in | |
respect of a region in pursuance of an earlier direction under this | |
section. | |
(6) For the purposes of subsection (5)(a) and (b) the Secretary of State— | 25 |
(a) must have regard (in particular) to the number of relevant local | |
authorities in a region and the number of people living in the areas of | |
those authorities; | |
(b) must ignore any effect of the implementation of recommendations of | |
the Boundary Committee following a review. | 30 |
(7) It is immaterial that anything done for the purposes of subsection (4) or (5) is | |
done before the passing of this Act. | |
(8) A direction may require the Boundary Committee— | |
(a) to start the review not later than a specified date; | |
(b) to make their recommendations not later than a specified date. | 35 |
(9) But the Secretary of State must not give a direction containing such | |
requirements unless he has consulted the Boundary Committee as to the dates | |
he proposes to specify. | |
(10) A direction under this section may be varied or revoked by a subsequent | |
direction. | 40 |
13 Local government review: supplementary | |
(1) This section applies for the purposes of section 12. | |
(2) The number of people living in an area is taken to be the most recent estimate | |
of that number published by the Office for National Statistics. | |
(3) A local government review is a review to consider— | 45 |
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(a) what structural change is most appropriate for the region; | |
(b) whether any boundary changes should be made in the region in | |
connection with or to facilitate the carrying out of the structural change. | |
(4) Relevant local authorities are the county council and district council for any | |
area in the region in relation to which both councils have functions. | 5 |
(5) The Boundary Committee must not consider any boundary change in relation | |
to— | |
(a) any area in the region which is not the area of a relevant local authority; | |
(b) any area outside the region. | |
(6) The Boundary Committee for England may require a public body to give the | 10 |
Committee such information as they reasonably require in connection with | |
their functions under this Part. | |
(7) A public body must comply with a requirement under subsection (6). | |
(8) In carrying out their functions under this Part the Boundary Committee | |
must— | 15 |
(a) assume that there is an elected assembly for the region; | |
(b) recommend structural change for so much of the area of the region as | |
is comprised of the areas of all of the relevant local authorities in the | |
region; | |
(c) have regard to the need to reflect the identities and interests of local | 20 |
communities; | |
(d) have regard to the need to secure effective and convenient local | |
government; | |
(e) have regard to guidance issued by the Secretary of State. | |
14 Review procedure | 25 |
The provisions of the 1992 Act specified in the left hand column of the Table | |
apply to a review carried out by the Boundary Committee for England in | |
pursuance of a direction under section 12 of this Act as they apply to a review | |
carried out by them under Part 2 of that Act subject to the modifications | |
specified in the right hand column: | 30 |
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(b) the Secretary of State proposes that an elected assembly is established | |
for the region. | |
(2) The Secretary of State may by order give effect to all or any of the | |
recommendations of the Boundary Committee for England made to him in | |
pursuance of a direction under section 12. | 5 |
(3) Such an order may give effect to a recommendation with or without | |
modifications. | |
(4) Before making such an order the Secretary of State may direct the Boundary | |
Committee to supply him with additional information or advice, and the | |
Boundary Committee must comply with such a direction. | 10 |
(5) The following provisions of section 17 of the 1992 Act apply for the purposes | |
of this section as they apply for the purposes of that section— | |
(a) subsection (3), ignoring paragraphs (d), (e), (ea) and (f) and the | |
references to subsection (3A) and the Electoral Commission; | |
(b) subsections (4) and (5); | 15 |
(c) subsection (6), ignoring paragraph (c), | |
and any reference in those provisions to an order under section 17 of the 1992 | |
Act must be construed for the purposes of this section as a reference to an order | |
under this section. | |
(6) If the Secretary of State believes— | 20 |
(a) that there has been a mistake in the preparation of an order under | |
subsection (2), and | |
(b) that the mistake cannot be rectified by a subsequent order under that | |
subsection, | |
he may by order make such provision as he thinks is necessary or expedient to | 25 |
rectify the mistake. | |
(7) The Schedule (which contains amendments consequential on this section) has | |
effect. | |
16 Application of 1992 Act | |
(1) The provisions of the 1992 Act specified in the left hand column of the Table | 30 |
apply for the purposes of this Part as they apply for the purposes of Part 2 of | |
that Act subject to the modifications (if any) specified in the right hand column: | |
| | Section 18 | In subsection (4) for “Electoral Commission” | | | | | | substitute “Boundary Committee for England”. | | | | | Sections 19 and 20 | | | 35 | | | Section 21 | In subsection (1) for “Electoral Commission” | | | | | | substitute “Boundary Committee for England”. | | | | | Sections 22 and 23 | | | | | | Section 26 | So far as it relates to anything done under a | | | | | | provision specified in this Table for the purposes | | 40 | | | | of this Part. | | |
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(2) In the application of those provisions for the purposes of this Part any reference | |
to— | |
(a) an order under section 17 of the 1992 Act must be construed as a | |
reference to an order under section 15 of this Act; | |
(b) an order under Part 2 of the 1992 Act must be construed as a reference | 5 |
to an order under that Part as applied by subsection (1). | |
(3) Expressions used in this Part and in Part 2 of the 1992 Act have the same | |
meaning in this Part as they do in that Part. | |
(4) In this Part the 1992 Act is the Local Government Act 1992 (c. 19). | |
Electoral Commission | 10 |
17 Payments to Electoral Commission | |
(1) The Secretary of State may pay to the Electoral Commission such amount as he decides | |
is the amount required by them to enable the Boundary Committee for England to carry | |
out their functions under this Part. | |
(2) A payment under subsection (1) must be treated as income received by the | 15 |
Commission for the purposes of paragraph 14(1) of Schedule 1 to the Political | |
Parties, Elections and Referendums Act 2000 (c. 41). | |
Isles of Scilly | |
18 Isles of Scilly | |
(1) For the purposes of section 12 the Council of the Isles of Scilly are not a relevant | 20 |
local authority. | |
(2) But the Secretary of State may by regulations make such provision as he thinks | |
appropriate in relation to the Isles of Scilly in consequence of anything done | |
under or by virtue of this Part. | |
Part 3 | 25 |
Advice of Electoral Commission | |
19 Advice of the Electoral Commission | |
(1) This section applies in relation to a region if— | |
(a) a referendum has been held in the region in pursuance of an order | |
under section 1, and | 30 |
(b) the Secretary of State proposes that an elected assembly is established | |
for the region. | |
(2) The Secretary of State may give the Electoral Commission a direction in respect | |
of a region in relation to which this section applies. | |
(3) Such a direction may require the Electoral Commission to give the Secretary of | 35 |
State advice as to— | |
(a) the electoral areas into which the region is to be divided for the | |
purposes of the election of members to any assembly established | |
following the referendum; | |
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(b) the number of electoral areas; | |
(c) the name by which each electoral area is to be known; | |
(d) the total number of members to be elected to the assembly. | |
(4) For the purposes of subsection (3) the direction may specify maximum and | |
minimum numbers or total numbers (as the case may be). | 5 |
(5) A direction given under this section may be varied or revoked by a subsequent | |
direction. | |
20 Preparation and submission of advice | |
(1) A direction given to the Electoral Commission under section 19 must specify | |
the timetable in accordance with which any thing must be done in connection | 10 |
with the advice. | |
(2) As soon as is reasonably practicable after receiving a direction the Electoral | |
Commission must take such steps as they think sufficient to secure that | |
persons who may be interested in the subject matter of the advice are informed | |
of— | 15 |
(a) the direction; | |
(b) the period specified in the timetable within which representations as to | |
the subject matter must be made to them. | |
(3) Before submitting their advice the Commission must— | |
(a) take account of any representations made to them as mentioned in | 20 |
subsection (2)(b); | |
(b) prepare draft advice; | |
(c) take such steps as they think sufficient to secure that persons who may | |
be interested in the advice are informed of the draft and of the period | |
specified in the timetable within which representations as to the draft | 25 |
advice must be made to them; | |
(d) deposit copies of the draft advice at the principal offices of every county | |
council and district council in the region; | |
(e) take account of representations made to them as mentioned in | |
paragraph (c). | 30 |
(4) Not later than the date specified in the timetable for the submission of their | |
advice the Commission must— | |
(a) submit their advice to the Secretary of State; | |
(b) take such steps as they think sufficient to secure that persons who may | |
be interested in the advice are informed of it and of the period specified | 35 |
in the timetable within which it may be inspected; | |
(c) deposit copies of the advice at the principal offices of every county | |
council and district council in the region. | |
(5) The copies deposited under subsections (3)(d) and (4)(c) must be kept available | |
for inspection by members of the public at the offices concerned in accordance | 40 |
with the timetable. | |
(6) If the region to which the advice relates includes the Isles of Scilly the copies | |
must also be deposited under subsections (3)(d) and (4)(c) at the principal | |
office of the Council of the Isles of Scilly, and subsection (5) applies | |
accordingly. | 45 |
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