Scottish Parliament (Constituencies) Bill

House of Commons

Session 2003 - 04
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Scottish Parliament (Constituencies) Bill

Scottish Parliament (Constituencies) Bill
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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:—
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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Referendums Act 2000 are repealed.
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Current reviews
Schedule 3 has effect.

Bill 4 53/3

Scottish Parliament (Constituencies) Bill
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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.
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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.
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      (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
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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
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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
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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
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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
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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