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Scottish Parliament (Constituencies) Bill


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

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

been held in respect of the region.

      (3)  

If a local inquiry was held in respect of the region 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

included in the region;

(b)   

by a body of not less than 500 persons entitled to vote as

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electors at an election for membership of the Parliament

held in any one or more of the constituencies included in

the region.

11         

Section 210(4) and (5) of the Local Government (Scotland) Act 1973

(attendance of witnesses at inquiries) applies in relation to a local

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inquiry held under paragraph 9 or 10.

The constituency rules

12         

These are the constituency rules.

 

Rule 1

 
 

(1)   

So far as is practicable, regard must be had to the

 

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boundaries of local authority areas.

 
 

(2)   

“Area” and “local authority” have the same meanings as in

 
 

the Local Government (Scotland) Act 1973.

 
 

 

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

9

 
 

Rule 2

 
 

(1)   

The electorate of a constituency must be as near the electoral

 
 

quota as is practicable, having regard to Rule 1.

 
 

(2)   

The Electoral Commission or the Boundary Committee (as

 
 

the case may be) may depart from the strict application of

 

5

 

Rule 1 if they think that it is desirable to do so to avoid an

 
 

excessive disparity between the electorate of a constituency

 
 

and the electoral quota or between the electorate of a

 
 

constituency and that of neighbouring constituencies.

 
 

(3)   

The electoral quota is the number obtained by dividing the

 

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total electorate by 71.

 
 

(4)   

The electorate of a constituency is the aggregate of the

 
 

persons falling within paragraphs (5) and (6) below.

 
 

(5)   

A person falls within this paragraph if his name appears on

 
 

the register of local government electors in force on the

 

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enumeration date under the Representation of the People

 
 

Acts for a local government area which is situated wholly in

 
 

the constituency.

 
 

(6)   

A person falls within this paragraph if his name appears on

 
 

the register of local government electors in force on the

 

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enumeration date under the Representation of the People

 
 

Acts for a local government area which is situated partly in

 
 

the constituency and his qualifying address is situated in the

 
 

constituency.

 
 

(7)   

The total electorate is the total number of persons whose

 

25

 

names appear on the registers of local government electors

 
 

in force on the enumeration date under the Representation

 
 

of the People Acts for all of the local government areas in

 
 

Scotland (except the local government areas of Orkney and

 
 

Shetland).

 

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(8)   

The enumeration date is, in relation to a report of the

 
 

Electoral Commission (or one made by the Boundary

 
 

Committee for the purposes of it), the date on which notice

 
 

with respect to the report is published in the Edinburgh

 
 

Gazette in accordance with paragraph 7(1) above.

 

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(9)   

“Qualifying address” and “local government area” have the

 
 

same meanings as in the Representation of the People Act

 
 

1983 (c. 2).

 
 

Rule 3

 
 

   

The Electoral Commission or the Boundary Committee (as

 

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the case may be) may depart from the strict application of

 
 

Rules 1 and 2 if they think that special geographical

 
 

considerations (including in particular the size, shape and

 
 

accessibility of a constituency) render it desirable to do so.

 
 

 

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

10

 
 

Rule 4

 
 

   

The Electoral Commission or the Boundary Committee (as

 
 

the case may be) need not aim at giving full effect in all

 
 

circumstances to Rules 1 to 3 but they must take account (so

 
 

far as they reasonably can)—

 

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(a) of the inconveniences attendant on alterations of

 
 

constituencies other than alterations made for the purposes

 
 

of Rule 1, and

 
 

   

(b) of any local ties which would be broken by such

 
 

alterations.

 

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The regional rules

13         

These are the regional rules.

 

Rule 1

 
 

   

A constituency must fall wholly within a region.

 
 

Rule 2

 

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The regional electorate of a region must be as near the

 
 

regional electorate of each of the other regions as is

 
 

practicable, having regard (where appropriate) to special

 
 

geographical considerations.

 

14    (1)  

This paragraph applies for the purposes of the regional rules.

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      (2)  

For the purposes of a report of the Electoral Commission in

relation to a region, the regional electorate is the number of

persons—

(a)   

whose names appear on the enumeration date on the

registers of local government electors in the region, and

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(b)   

who are registered at addresses within a constituency

included in the region

      (3)  

The enumeration date is the date on which notice with respect to

the report is published in the Edinburgh Gazette in accordance

with paragraph 7(1) above.

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      (4)  

Sub-paragraphs (2) and (3) also apply for the purpose of

construing references to the regional electorate in relation to a

report of the Boundary Committee made for the purposes of a

report as mentioned in sub-paragraph (2).

 

 

Scottish Parliament (Constituencies) Bill
Schedule 3 — Current Boundary Commission reviews

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Schedule 2

Section 1

 

Transitional modifications of Schedule 1 to the Scotland Act 1998

Electoral Commission and Boundary Committee for Scotland

1          

Any reference to the Electoral Commission or to the Boundary Committee

for Scotland (or to both) must be construed as a reference to the Boundary

5

Commission for Scotland.

Review and proposed recommendations by Boundary Committee for Scotland

2          

Paragraph 5 must be ignored.

Notice of proposed report or recommendation

3     (1)  

Paragraph 7 is modified as follows.

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      (2)  

For sub-paragraph (2) there is substituted the following sub-paragraph—

     “(2)  

If the Boundary Commission for Scotland have provisionally

determined to make recommendations affecting a constituency

they must publish in at least one newspaper circulating in the

constituency a notice stating—

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(a)   

the effect of the recommendations and (except if 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 Commission before

the end of the period of one month starting the day after

the notice is published.”

      (3)  

Sub-paragraphs (5) and (6) must be ignored.

4     (1)  

Paragraph 8 is modified as follows.

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      (2)  

For sub-paragraph (1) there is substituted the following sub-paragraph—

     “(1)  

This paragraph applies if the Boundary Commission for Scotland

provisionally determine to make recommendations which would

involve any alteration in a constituency.”

      (3)  

Sub-paragraph (3) must be ignored.

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Schedule 3

Section 3

 

Current Boundary Commission reviews

1          

This Schedule has effect in relation to any report of the Boundary

Commission for Scotland under section 3 of the Parliamentary

Constituencies Act 1986 (c. 56) which is submitted to the Secretary of State at

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any time before the passing of this Act.

2          

Any recommendation included in the report in pursuance of paragraph 3 of

Schedule 1 to the Scotland Act 1998 (as it had effect at that time) (duty of

 

 

Scottish Parliament (Constituencies) Bill
Schedule 3 — Current Boundary Commission reviews

12

 

Boundary Commission to make recommendations as to regions and

regional members) must be ignored.

3     (1)  

This paragraph applies if before the passing of this Act the Secretary of State

has laid before Parliament—

(a)   

a report containing such recommendations, and

5

(b)   

a draft of an Order in Council giving effect (with or without

modification) to the recommendations of the Boundary Commission.

      (2)  

The Secretary of State must—

(a)   

withdraw the draft of the Order in Council;

(b)   

lay a new draft of an Order giving effect (with or without

10

modification) to the recommendations of the Boundary Commission

(ignoring any recommendation mentioned in paragraph 2).

4     (1)  

This paragraph applies if before the passing of this Act an Order in Council

has been made giving effect (with or without modifications) to

recommendations mentioned in paragraph 2.

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      (2)  

So much of the Order as relates to regions or regional members for the

purposes of that Schedule must be ignored.

 

 

 
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