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Scottish Parliament (Constituencies) Bill


Scottish Parliament (Constituencies) Bill

1

 

A

Bill

To

Replace Schedule 1 to the Scotland Act 1998 making new provision in relation

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:—

1       

Constituencies and regions

(1)   

For Schedule 1 to the Scotland Act 1998 (c. 46) (which makes provision about

constituencies, regions and regional members of the Scottish Parliament) there

is substituted the Schedule set out in Schedule 1 below.

(2)   

Until the appropriate date, Schedule 1 to that Act as so substituted has effect

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subject to the modifications set out in Schedule 2 below.

(3)   

The appropriate date is the date of commencement of section 16 of the Political

Parties, Elections and Referendums Act 2000 (c. 41) for the purpose of—

(a)   

transferring the functions of the Boundary Commission for Scotland to

the Electoral Commission, and

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(b)   

conferring functions on the Boundary Committee for Scotland.

(4)   

But paragraphs 3 to 14 of Schedule 1 to the Scotland Act 1998 as so substituted

or as so substituted and modified (as the case may be) have no effect until 30

June 2007.

(5)   

Paragraphs 17 to 24 of Schedule 3 to the Political Parties, Elections and

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Referendums Act 2000 are repealed.

2       

Current reviews

Schedule 3 has effect.

 
Bill 4 53/3
 
 

Scottish Parliament (Constituencies) Bill

2

 

3       

Expenditure

There shall be paid out of money provided by Parliament any increase attributable to

this Act in the sums so payable under any other enactment.

4       

Short title

This Act may be cited as the Scottish Parliament (Constituencies) Act 2004.

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Scottish Parliament (Constituencies) Bill
Schedule 1 — Substitution of Schedule 1 to the Scotland Act 1998

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Schedules

Schedule 1

Section 1

 

Substitution of Schedule 1 to the Scotland Act 1998

Schedule 1

Constituencies, regions and regional members

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General

1     (1)  

There are to be 73 constituencies for the purposes of this Act.

      (2)  

The constituencies are—

(a)   

the Orkney Islands,

(b)   

the Shetland Islands, and

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(c)   

the parliamentary constituencies in Scotland (except the

constituency of Orkney and Shetland) provided for by

Article 2 of and the Schedule to the Parliamentary

Constituencies (Scotland) Order 1995 (S.I. 1995/1037).

      (3)  

The reference to the Parliamentary Constituencies (Scotland)

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Order 1995 is a reference to that Order as at 11 April 1995 (the day

it was made).

2     (1)  

There are to be eight regions for the purposes of this Act.

      (2)  

The regions are the eight European Parliamentary constituencies

which were provided for by the European Parliamentary

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Constituencies (Scotland) Order 1996 (S.I. 1996/1926).

      (3)  

Seven regional members are to be returned for each region.

Reports of the Electoral Commission

3     (1)  

The Electoral Commission must keep under review the

boundaries of the constituencies (other than those mentioned in

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paragraph 1(2)(a) and (b)).

      (2)  

The review must be conducted in accordance with the

constituency rules.

      (3)  

The Electoral Commission must submit to the Secretary of State a

report—

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(a)   

showing the alterations they propose to the boundaries, or

(b)   

stating that in their opinion no alteration should be made.

      (4)  

The first report of the Electoral Commission under this paragraph

must be submitted to the Secretary of State not later than 30 June

2010.

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Scottish Parliament (Constituencies) Bill
Schedule 1 — Substitution of Schedule 1 to the Scotland Act 1998

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      (5)  

Subsequent reports must be submitted not less than eight nor

more than twelve years after the date of the submission of the last

report.

      (6)  

The Electoral Commission may also from time to time (but not

before the submission of their first report) submit to the Secretary

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of State reports with respect to the area comprised in any two or

more constituencies showing the constituencies into which they

recommend the area should be divided in order to give effect to

the constituency rules.

      (7)  

A report under sub-paragraph (6) must recommend the same

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number of constituencies as that in which the area is comprised.

      (8)  

A report of the Electoral Commission which recommends an

alteration to the boundaries of constituencies must state as

respects each constituency—

(a)   

the name by which they recommend it is to be known;

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(b)   

whether they recommend that it is to be a county or a

burgh constituency.

      (9)  

As soon as practicable after the Electoral Commission have

submitted a report to the Secretary of State under this paragraph

he must lay before Parliament—

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(a)   

the report, and

(b)   

the draft of an Order in Council for giving effect to the

recommendations contained in the report.

     (10)  

Sub-paragraph (9)(b) does not apply if the report states that no

alteration is required to be made to the boundaries of the

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constituencies.

     (11)  

The Electoral Commission must at the same time as they submit a

report in accordance with sub-paragraph (3) or (6) lay any report

recommending an alteration in the constituencies before the

Parliament.

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4     (1)  

This paragraph applies if the Electoral Commission submit a

report to the Secretary of State recommending an alteration in a

constituency.

      (2)  

In the report the Electoral Commission must recommend any

alteration in any of the regions which they think is necessary to

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give effect to the regional rules.

      (3)  

A report making a recommendation for an alteration in a region

must recommend the name by which the Electoral Commission

think the region should be known.

Review and proposed recommendations by Boundary Committee for Scotland

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5     (1)  

If the Electoral Commission intend to consider making a report

under paragraph 3 the Boundary Committee for Scotland (the

Boundary Committee) must carry out a review for the purpose of

enabling them to submit to the Electoral Commission proposals as

to the recommendations to be included in the report.

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      (2)  

After the Boundary Committee have carried out the review they

must submit to the Electoral Commission a report containing the

 

 

Scottish Parliament (Constituencies) Bill
Schedule 1 — Substitution of Schedule 1 to the Scotland Act 1998

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recommendations which the Boundary Committee propose

should be included in the report under paragraph 3.

      (3)  

On receipt of a report from the Boundary Committee the Electoral

Commission may—

(a)   

accept in full the proposed recommendations and include

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them in their report under paragraph 3;

(b)   

accept the proposed recommendations subject to

modifications agreed with the Boundary Committee and

include them as so modified in their report;

(c)   

reject the recommendations.

10

      (4)  

If the Electoral Commission reject the proposed recommendations

they may—

(a)   

require the Boundary Committee to reconsider the

proposed recommendations with a view to deciding

whether to submit a further report under sub-paragraph

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(2) containing different proposed recommendations,

(b)   

require the Boundary Committee to carry out a fresh

review under sub-paragraph (1) with respect to the whole,

or any specified part of the area which was the subject of

the original review, or

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(c)   

if, and only if, the review was carried out for the purpose

of a report under paragraph 3(6), take no further action.

      (5)  

In the exercise of their functions under this paragraph, the

Boundary Committee must comply with any directions given to

them by the Electoral Commission.

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      (6)  

But a direction under sub-paragraph (5) must not be inconsistent

with the constituency rules or the regional rules.

Orders in Council

6     (1)  

The draft of an Order in Council laid before Parliament by the

Secretary of State for giving effect to the recommendations

30

contained in a report by the Electoral Commission under

paragraph 3 may make provision for any matters which he thinks

are incidental to or consequential on the recommendations.

      (2)  

If the draft is approved by resolution of each House of Parliament

the Secretary of State must submit it to Her Majesty in Council.

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      (3)  

If a motion for the approval of the draft is rejected by either House

of Parliament or withdrawn by leave of the House the Secretary of

State may amend the draft and lay the amended draft before

Parliament.

      (4)  

If the draft as so amended is approved by resolution of each House

40

of Parliament the Secretary of State must submit it to Her Majesty

in Council.

      (5)  

If a draft of an Order in Council is submitted to Her Majesty in

Council under this Schedule, Her Majesty in Council may make an

order in terms of the draft.

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      (6)  

An Order in Council made as mentioned in sub-paragraph (5)

comes into force on the date specified in the Order.

 

 

Scottish Parliament (Constituencies) Bill
Schedule 1 — Substitution of Schedule 1 to the Scotland Act 1998

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      (7)  

The coming into force of the Order does not affect the return of any

member to the Parliament or its constitution until the Parliament

is dissolved.

      (8)  

The validity of an Order in Council purporting to be made under

this Schedule and reciting that a draft of the Order has been

5

approved by a resolution of each House of Parliament must not be

called in question in any legal proceedings whatsoever.

Notice of proposed report or recommendations

7     (1)  

If the Electoral Commission intend to consider making a report

under this Schedule—

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(a)   

they must inform the Secretary of State by notice in

writing;

(b)   

they must publish a copy of the notice in the Edinburgh

Gazette.

      (2)  

If the Boundary Committee have provisionally determined

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proposed recommendations affecting a constituency which they

are minded to include in a report under paragraph 5(2) they must

publish in at least one newspaper circulating in the constituency a

notice stating—

(a)   

the effect of the proposed recommendations and (except if

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the effect is that no alteration should be made in respect of

the constituency) that a copy of the recommendations is

open to inspection at a specified place in the constituency,

and

(b)   

that representations with respect to the proposed

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recommendations may be made to the Boundary

Committee before the end of the period of one month

starting the day after the notice is published.

      (3)  

The Boundary Committee must take into account any

representations made in accordance with the notice.

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      (4)  

If the Boundary Committee revise any proposed

recommendations after publishing notice of them under sub-

paragraph (2) they must comply again with sub-paragraphs (2)

and (3) in relation to the revised recommendations as if no earlier

notice had been published.

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      (5)  

If the Electoral Commission are minded to exercise in relation to

the Boundary Committee’s proposed recommendations any of the

powers conferred by paragraph 5(3)(b) or (c) or (4) they must have

regard to—

(a)   

any representations made with respect to the

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recommendations in accordance with a notice published

under sub-paragraph (2) above, or

(b)   

(if they are minded to exercise any of those powers in

relation to part only of the area subject to the Boundary

Committee’s review) any representations so made with

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respect to the recommendations so far as relating to that

part of the area.

      (6)  

If the Boundary Committee’s proposed recommendations

affecting a constituency have been modified by the Electoral

 

 

Scottish Parliament (Constituencies) Bill
Schedule 1 — Substitution of Schedule 1 to the Scotland Act 1998

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Commission under paragraph 5(3)(b) the Boundary Committee

must publish in at least one newspaper circulating in the

constituency a notice stating the effect of the recommendations as

so modified.

8     (1)  

This paragraph applies if the Boundary Committee provisionally

5

determine proposed recommendations which they are minded to

include in a report under paragraph 5(2) which would involve any

alteration in a constituency.

      (2)  

The Boundary Committee must consider whether any alteration

within paragraph 4(2) would be required in order to give effect to

10

the regional rules.

      (3)  

The Boundary Committee’s report under paragraph 5(2) must

include the recommendations which they propose should be

included in the Electoral Commission’s report under paragraph 3

in the light of the Boundary Committee’s consideration as

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mentioned in sub-paragraph (2) above.

      (4)  

Paragraph 7 applies for the purposes of the proposed

recommendations as if for any reference to a constituency there is

substituted a reference to a region.

Local inquiries

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9     (1)  

The Boundary Committee may if they think fit cause a local

inquiry to be held in respect of any constituency or constituencies.

      (2)  

If the Boundary Committee receive any relevant representations

objecting to a proposed recommendation for the alteration of a

constituency they must not make the recommendation unless

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since the publication of the notice under paragraph 7(2) a local

inquiry has been held in respect of the constituency.

      (3)  

If a local inquiry was held in respect of the constituency before the

publication of the notice under paragraph 7(2), sub-paragraph (2)

above does not apply if the Boundary Committee after

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considering—

(a)   

the matters discussed at the inquiry,

(b)   

the nature of the relevant representations received, and

(c)   

any other relevant circumstances,

           

think that a further local inquiry is not justified.

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      (4)  

A relevant representation is a representation made in accordance

with paragraph 7(2)(b)—

(a)   

by the council for an area which is wholly or partly

comprised in the constituency;

(b)   

by a body of not less than 100 persons entitled to vote as

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electors at an election for membership of the Parliament

held in the constituency.

10    (1)  

The Boundary Committee may if they think fit cause a local

inquiry to be held in respect of any region or regions.

      (2)  

If the Boundary Committee receive any relevant representations

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objecting to a proposed recommendation for the alteration of a

region they must not make the recommendation unless since the

 

 

 
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