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162 | Repeals and revocations |
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For repeals and revocations of enactments (including some spent enactments) |
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(1) | There is to be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by a Minister of the Crown or government |
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department by virtue of this Act, and |
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(b) | any increase attributable to this Act in the sums payable under any |
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other Act out of money provided by Parliament. |
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(2) | There are to be paid into the Consolidated Fund any sums received by a |
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Minister of the Crown by virtue of this Act (other than any required to be paid |
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into the National Loans Fund). |
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(1) | The following provisions— |
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| extend only to England and Wales. |
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(2) | The amendments, and repeals and revocations, made by this Act have the same |
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extent as the enactments amended or repealed or revoked. |
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This Act may be cited as the Government of Wales Act 2006. |
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Alteration of Assembly electoral regions |
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1 (1) | This Schedule makes provision for alterations— |
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(a) | in the Assembly electoral regions, and |
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(b) | in the allocation of seats to the Assembly electoral regions. |
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(2) | It applies in relation to cases where— |
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(a) | the Electoral Commission (“the Commission”) intend to consider |
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making a report under section 3 of the Parliamentary Constituencies |
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Act 1986 (c. 56) (“the 1986 Act”) with respect to Wales or any area |
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(b) | accordingly, the Boundary Committee for Wales (“the Committee”) |
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are required to submit a report to the Commission under section |
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3A(2) of the 1986 Act containing the recommendations which the |
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Committee propose should be included in the Commission’s report. |
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(3) | In this paragraph “the Boundary Committee for Wales” means the |
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Committee of that name established by the Commission under section 14 of |
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the Political Parties, Elections and Referendums Act 2000 (c. 41). |
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Assembly electoral region issue |
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2 (1) | This paragraph applies if the Committee provisionally determine proposed |
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(a) | they are minded to include in a report under section 3A(2) of the 1986 |
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(b) | would involve any alterations in any parliamentary constituencies in |
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(2) | The Committee must consider the issue of whether, to give effect to the rules |
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in paragraph 9, any alteration is required— |
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(a) | in the Assembly electoral regions, or |
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(b) | in the allocation of seats to the Assembly electoral regions. |
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(3) | In this Schedule that issue is referred to as “the Assembly electoral region |
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Notice of Committee’s proposed recommendations |
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3 (1) | If, having considered the Assembly electoral region issue, the Committee |
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have provisionally determined to propose recommendations affecting any |
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Assembly electoral region, they must publish a notice in at least one |
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newspaper circulating in that region. |
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(2) | The notice must state— |
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(a) | the effect of the proposed recommendations, |
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(b) | (except where the effect of the recommendations is that no alteration |
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affecting the Assembly electoral region be made) that a copy of the |
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recommendations is open to inspection at one or more specified |
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places within each Assembly constituency included in the Assembly |
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(c) | that representations with respect to the recommendations may be |
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made to the Committee within one month after the publication of the |
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(3) | The Committee must take into consideration any representations duly made |
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in accordance with the notice. |
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(4) | If the Committee revise any proposed recommendations after publishing a |
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notice of them under sub-paragraph (1), they must comply again with sub- |
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paragraphs (1) to (3) in relation to the revised proposed recommendations as |
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if no earlier notice had been published. |
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(5) | The Committee need not comply with sub-paragraph (1) or (4) if— |
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(a) | the proposed recommendations (or the revised proposed |
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recommendations) are only for an alteration in the number of seats |
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for the Assembly electoral region, and |
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(b) | the proposed (or revised proposed) total number of seats for the |
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Assembly electoral regions is exactly divisible by five. |
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(6) | If the Committee’s proposed (or revised proposed) total number of seats for |
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the Assembly electoral regions is not exactly divisible by five, a |
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recommendation for an alteration in the number of seats for any Assembly |
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electoral region is (for the purposes of this paragraph and paragraph 4) a |
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recommendation which also affects all the other Assembly electoral regions. |
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4 (1) | For the purposes of this Schedule the Committee may, if they think fit, cause |
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a local inquiry to be held in respect of any Assembly electoral region or |
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(2) | Sub-paragraph (3) applies if, having published a notice under paragraph |
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3(1) of a proposed recommendation for an alteration affecting any Assembly |
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electoral regions, the Committee receive any representations objecting to the |
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proposed recommendation from— |
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(a) | an interested local authority, or |
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(b) | a body of electors numbering 500 or more. |
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(3) | The Committee may not proceed with the proposed recommendation |
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unless, since the publication of the notice, a local inquiry has been held in |
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respect of the Assembly electoral regions. |
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(4) | But sub-paragraph (3) does not apply if— |
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(a) | a local inquiry was held in respect of the Assembly electoral regions |
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before the publication of the notice, and |
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(b) | the Committee think that a further local inquiry would not be |
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justified, having regard to the matters discussed at the previous local |
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inquiry, the nature of the representations received on the publication |
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of the notice, and any other relevant circumstances. |
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(5) | The Committee must take into consideration the findings of any local |
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inquiry held under this paragraph. |
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(6) | Section 250(2) and (3) of the Local Government Act 1972 (c. 70) (witnesses at |
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local inquiries) applies in relation to a local inquiry which the Committee |
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cause to be held under this paragraph. |
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“interested local authority” means the council of a county or county |
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borough whose area is wholly or partly included in the Assembly |
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electoral regions affected by the proposed recommendation, and |
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“elector” means a person who, at the time when the representations are |
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made, is registered in the register of local government electors at an |
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address within any of the Assembly constituencies included in any |
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of those Assembly electoral regions. |
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5 (1) | The Committee’s report under section 3A(2) of the 1986 Act must contain the |
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recommendations which, in the light of— |
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(a) | their consideration of the Assembly electoral region issue, |
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(b) | any representations duly made with respect to the recommendations |
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in accordance with any notice published under paragraph 3, and |
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(c) | the findings of any inquiry held under paragraph 4 in respect of the |
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Assembly electoral regions affected by the recommendations, |
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| they propose should be included in the Commission’s section 3 report in |
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pursuance of paragraph 8. |
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(2) | In sub-paragraph (1) “the Commission’s section 3 report” means the report |
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of the Commission under section 3 of the 1986 Act for the purposes of which |
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the Committee’s proposed recommendations are made. |
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Consideration of Committee’s report by Commission |
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6 (1) | Section 3A(3) of the 1986 Act (powers of the Commission in relation to the |
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Committee’s proposed recommendations) applies (with any necessary |
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modifications) in relation to the Committee’s proposed recommendations |
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under paragraph 5(1) as it applies in relation to any proposed |
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recommendations of the Committee under section 3A(2) of the 1986 Act. |
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(2) | Sub-paragraphs (3) and (4) apply if the Commission are minded to exercise |
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any of the powers conferred by section 3A(3)(b) and (c) of the 1986 Act in |
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relation to the Committee’s proposed recommendations under paragraph |
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(3) | The Commission must have regard to— |
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(a) | any representations duly made with respect to the recommendations |
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in accordance with any notice published under paragraph 3, or |
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(b) | (where they are minded to exercise any of the powers mentioned in |
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sub-paragraph (2) in relation to part only of an Assembly electoral |
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region) any representations so made with respect to the |
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recommendations so far as relating to that part of the region. |
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(4) | The Commission must have regard to— |
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(a) | the findings of any inquiry held under paragraph 4 in respect of the |
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Assembly electoral regions affected by the recommendations, or |
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(b) | (where, in the case of an Assembly electoral region in respect of |
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which any such inquiry was held, they are minded to exercise any of |
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the powers mentioned in sub-paragraph (2) in relation to part only |
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of the region) the findings of the inquiry so far as relating to that part |
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(5) | If the Committee’s proposed recommendations under paragraph 5(1) are |
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modified by the Commission under section 3A(3)(b) of the 1986 Act, the |
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Committee must publish in at least one newspaper circulating in the |
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Assembly electoral region affected by the recommendations a notice stating |
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their effect as so modified. |
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Directions by Commission to Committee |
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7 | In section 3A(4) of the 1986 Act (directions by the Commission to the |
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(a) | the first reference to that Act includes a reference to this Schedule, |
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(b) | the reference to the rules mentioned in that subsection includes a |
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reference to the rules in paragraph 9. |
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8 (1) | This paragraph applies if the Commission submit to the Secretary of State— |
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(a) | a report under subsection (1) of section 3 of the 1986 Act |
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recommending alterations in parliamentary constituencies in Wales, |
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(b) | a report under subsection (3) of that section relating to any |
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constituency or constituencies in Wales. |
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(2) | The report must show any alteration— |
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(a) | in the Assembly electoral regions, or |
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(b) | in the allocation of seats to the Assembly electoral regions, |
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| which the Commission recommend in order to give effect to the rules set out |
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(3) | If, in the opinion of the Commission, no alteration is required for that |
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purpose, they must state that in the report. |
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(4) | If the report recommends any alteration in any Assembly electoral regions, |
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it must state the name (in English and in Welsh) by which the Commission |
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recommend that the Assembly electoral regions (as proposed to be altered) |
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(5) | The Commission must lay a copy of the report before the Assembly. |
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1 | Each Assembly constituency must be wholly included in one |
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Assembly electoral region. |
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2 | The regional electorate for an Assembly electoral region must be |
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as near the regional electorate for each other Assembly electoral |
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region as is reasonably practicable, having regard (where |
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appropriate) to special geographical considerations. |
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3 | The total number of seats for the Assembly electoral regions must |
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(a) | one half of the total number of the Assembly |
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(b) | (if that total number is not exactly divisible by two) one |
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half of the number produced by adding one to that total |
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4 | The number of seats for an Assembly electoral region must be— |
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(a) | one fifth of the total number of seats for the Assembly |
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(b) | (if that total number is not exactly divisible by five) either |
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one fifth of the highest number which is less than that total |
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number and exactly divisible by five, or the number |
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produced by adding one to one fifth of that highest |
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number, as provided by sub-paragraphs (2) to (6). |
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(2) | If the total number of seats for the Assembly electoral regions is not exactly |
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divisible by five, there is to be calculated the difference between— |
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(a) | the total number of seats for the Assembly electoral regions, and |
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(b) | the highest number which is less than that total number and exactly |
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(3) | That difference is the number of residual seats. |
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(4) | No more than one residual seat may be allocated to an Assembly electoral |
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(5) | The regional electorate for each Assembly electoral region is to be divided |
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(a) | the number of Assembly constituencies in the Assembly electoral |
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(b) | one fifth of the highest number which is less than the total number of |
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seats for the Assembly electoral regions and exactly divisible by five. |
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(6) | In allocating the residual seat or seats to an Assembly electoral region or |
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regions, regard must be had to the desirability of allocating the residual seat |
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or seats to the Assembly electoral region or regions for which the calculation |
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in sub-paragraph (5) produces the highest number or numbers. |
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Orders in Council giving effect to Commission reports |
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10 (1) | An Order in Council under the 1986 Act for giving effect to the |
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recommendations contained in a report of the Commission may specify |
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different dates for its coming into force— |
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(a) | for the purposes of elections to the House of Commons, and |
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(b) | for the purposes of the return of Assembly members. |
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(2) | The coming into force of an Order in Council under the 1986 Act does not |
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affect the operation of section 10 or 11, or the constitution of the Assembly, |
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at any time before the next general election. |
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Interpretation: the regional electorate |
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11 (1) | For the purposes of any report of the Commission, the regional electorate for |
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an Assembly electoral region is the number of persons who, on the |
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enumeration date, are registered in the register of local government electors |
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at addresses within any of the Assembly constituencies included in the |
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Assembly electoral region. |
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(2) | In sub-paragraph (1) “the enumeration date” means the date on which notice |
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that the Commission intended to consider making the report was published |
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in accordance with section 5(1) of the 1986 Act. |
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(3) | Sub-paragraphs (1) and (2) also apply for construing references to the |
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regional electorate for an Assembly electoral region in relation to any report |
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of the Committee made for the purposes of any such report of the |
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“the 1986 Act” has the meaning given by paragraph 1(2)(a), |
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“the Assembly electoral region issue” has the meaning given by |
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“the Commission” has the meaning given by paragraph 1(2)(a), |
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“the Committee” has the meaning given by paragraph 1(2)(b), and |
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“recommendations” includes (unless the context otherwise requires) a |
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recommendation that no alteration is required. |
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1 (1) | The Presiding Officer holds office as a member of the Assembly Commission |
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until another person is elected to the office of Presiding Officer unless the |
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Presiding Officer ceases to be an Assembly member otherwise than by |
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(2) | Any other member of the Assembly Commission holds office until another |
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Assembly member is appointed as a replacement unless sub-paragraph (3) |
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(3) | This sub-paragraph applies if the person— |
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(a) | resigns office as a member of the Assembly Commission, |
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