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Regional Assemblies (Preparations) Bill


Regional Assemblies (Preparations) Bill
Part 1 — Referendums

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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

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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

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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

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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

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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;

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           (b)           is subject to section 26 below.

     (7)    This section applies for the purposes of this Part.

Part 2

Local government reviews

Reviews

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 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;

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           (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.

 

 

Regional Assemblies (Preparations) Bill
Part 2 — Local government reviews

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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.

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     (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

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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

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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

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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—

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           (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.

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     (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.

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     (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.

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 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—

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Regional Assemblies (Preparations) Bill
Part 2 — Local government reviews

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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.

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     (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

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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—

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           (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

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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

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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:

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Regional Assemblies (Preparations) Bill
Part 2 — Local government reviews

    8

 
 

Section 14

     (a)    In subsection (1) for references to

 
  

the Electoral Commission

 
  

substitute references to the

 
  

Boundary Committee for

 
  

England;

 

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     (b)    In subsection (1)(b) for

 
  

“independently of any such

 
  

change” substitute “otherwise”;

 
  

     (c)    Subsection (1)(c) must be

 
  

ignored;

 

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     (d)    Subsection (3)(b) does not apply

 
  

to a parish;

 
  

     (e)    In subsection (3) paragraphs (d),

 
  

(e), (f) and (g) must be ignored;

 
  

     (f)    Subsection (4) must be ignored;

 

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     (g)    Subsection (5)(ba) must be

 
  

ignored;

 
  

     (h)    In subsection (6) omit “subject to

 
  

any necessary electoral changes”;

 
  

     (i)    Subsection (8) must be ignored.

 

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Section 15

     (a)    Subsections (2) and (6) to (8)

 
  

must be ignored;

 
  

     (b)    In subsection (3) omit “or (2)(c)”;

 
  

     (c)    In subsection (4) for references to

 
  

the Electoral Commission

 

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substitute references to the

 
  

Secretary of State.

 
 

Section 15A

     (a)    For “Where the Electoral

 
  

Commission consider it

 
  

appropriate they may direct the

 

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Boundary Committee for

 
  

England” substitute “If the

 
  

Boundary Committee for

 
  

England think it appropriate

 
  

they may decide”;

 

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     (b)    In paragraph (c) for “Electoral

 
  

Commission” substitute

 
  

“Secretary of State”.

 
 

Section 16

References to the Electoral Commission

 
  

must be ignored.

 

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Implementation

 15    Implementation of recommendations

     (1)    This section applies to a region if—

           (a)           a referendum has been held in the region in pursuance of an order

under section 1, and

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Regional Assemblies (Preparations) Bill
Part 2 — Local government reviews

    9

 

           (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.

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     (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.

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     (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);

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           (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—

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           (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

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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

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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

  

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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

 

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of this Part.

 
 

 

Regional Assemblies (Preparations) Bill
Part 2 — Local government reviews

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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

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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

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 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

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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

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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

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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

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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 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

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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;

 

 

Regional Assemblies (Preparations) Bill
Part 3 — Advice of Electoral Commission

    11

 

           (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).

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     (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

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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—

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           (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

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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

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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).

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     (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

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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

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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.

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