House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Report Stage Proceedings: 22nd May 2007
297

Local Government and Public Involvement, continued

Electoral Commission to make order for new electoral scheme

Secretary Ruth Kelly

Added  NC46

To move the following Clause:—

‘(1)
Where the Electoral Commission receive notice under section (Notice to

Electoral Commission) that a council has passed a resolution, they must—

(a)
in the case of a resolution for elections by halves, make an order for

elections by halves in relation to the council (see sections (Order for

elections by halves: years in which elections are to be held) and (Order

for elections by halves: councillors to be elected at ordinary elections));

(b)
in the case of a resolution for elections by thirds, make an order for

elections by thirds in relation to the council (see sections (Order for

elections by thirds: years in which elections are to be held) and (Order

for elections by thirds: councillors to be elected at ordinary elections)).

(2)
But the Commission must not make the order—

(a)
before they have decided whether or not to give the Boundary Committee

a direction to conduct an electoral review (see section (Electoral

Commission to consider whether electoral review is necessary)(2)), or

(b)
if they give such a direction, before the Boundary Committee have

concluded the review.’.

Order for elections by halves: years in which elections are to be held

Secretary Ruth Kelly

Added  NC47

To move the following Clause:—

‘(1)
An order for elections by halves in relation to a council must secure that the

ordinary elections of councillors of the council are held in years determined in

accordance with this section.

(2)
Ordinary elections of the councillors of the council are to be held in—

(a)
the first relevant year after the year in which the Electoral Commission

makes the order, and

(b)
each subsequent year for elections by halves.

(3)
In this section—

“relevant year” means 2011 and every fourth year afterwards;

“year for elections by halves” means 2012 and every second year

afterwards.’.

Report Stage Proceedings: 22nd May 2007
298

Local Government and Public Involvement, continued

Order for elections by halves: councillors to be elected at ordinary elections

Secretary Ruth Kelly

Added  NC48

To move the following Clause:—

‘(1)
An order for elections by halves in relation to a council must make provision for

the election and retirement of councillors in accordance with this section.

(2)
In the case of the ordinary elections held in the year determined in accordance

with section (Order for elections by halves: years in which elections are to be

held)(2)(a)—

(a)
all of the councillors are to be elected;

(b)
on the fourth day after the elections are held—

(i)
the councillors elected in those elections are to come into office,

and

(ii)
all of the sitting councillors are to retire.

(3)
In the case of ordinary elections held subsequently—

(a)
one half (or as nearly as may be) of the councillors are to be elected;

(b)
on the fourth day after the elections are held—

(i)
the councillors elected in those elections are to come into office,

and

(ii)
the specified sitting councillors are to retire.

(4)
The order must include provision for identifying which councillors are to retire in

each year in which ordinary elections are to be held (other than the first),

including provision for identifying—

(a)
the wards affected;

(b)
the councillors affected within particular wards.

(5)
In this section “specified sitting councillors”, in relation to ordinary elections,

means the sitting councillors who are to retire in the year of those elections by

virtue of the order.’.

Order for elections by thirds: years in which elections are to be held

Secretary Ruth Kelly

Added  NC49

To move the following Clause:—

‘(1)
An order for elections by thirds in relation to a council must secure that the

ordinary elections of councillors of the council are held in years determined in

accordance with this section.

(2)
Ordinary elections of the councillors of the council are to be held in—

(a)
the first relevant year after the year in which the Electoral Commission

makes the order, and

(b)
each subsequent year, unless it is a fallow year.

(3)
In this section—

“fallow year” means 2013 and every fourth year afterwards;

“relevant year” means—

Report Stage Proceedings: 22nd May 2007
299

Local Government and Public Involvement, continued

(c)
in relation to a metropolitan district council: 2014 and every

fourth year afterwards;

(d)
in relation to a non-metropolitan district council: 2011 and every

fourth year afterwards.’

Order for elections by thirds: councillors to be elected at ordinary elections

Secretary Ruth Kelly

Added  NC50

To move the following Clause:—

‘(1)
An order for elections by thirds in relation to a council must make provision for

the election and retirement of councillors in accordance with this section.

(2)
In the case of the ordinary elections held in the year determined in accordance

with section (Order for elections by thirds: years in which elections are to be

held)(2)(a)—

(a)
all of the councillors are to be elected;

(b)
on the fourth day after the elections are held—

(i)
the councillors elected in those elections are to come into office,

and

(ii)
all of the sitting councillors are to retire.

(3)
In the case of ordinary elections held subsequently—

(a)
one third (or as nearly as may be) of the councillors are to be elected;

(b)
on the fourth day after the elections are held—

(i)
the councillors elected in those elections are to come into office,

and

(ii)
the specified sitting councillors are to retire.

(4)
The order must include provision for identifying which councillors are to retire in

each year in which ordinary elections are to be held (other than the first),

including provision for identifying—

(a)
the wards affected;

(b)
the councillors affected within particular wards.

(5)
In this section “specified sitting councillors”, in relation to ordinary elections,

means the sitting councillors who are to retire in the year of those elections by

virtue of the order.’.

Order for elections by halves or elections by thirds: transitional provision

Secretary Ruth Kelly

Added  NC51

To move the following Clause:—

‘(1)
An order under section (Electoral Commission to make order for new electoral

scheme) (order for elections by halves or for elections by thirds) may include

provision about the transition to the council’s new electoral scheme.

Report Stage Proceedings: 22nd May 2007
300

Local Government and Public Involvement, continued

(2)
Provision made by virtue of this section may, in particular, include provision for

the retirement of some councillors after their initial election at times different

from those otherwise applying, and for identifying which of them are so to

retire.’.

Power of Electoral Commission to make incidental etc provision

Secretary Ruth Kelly

Added  NC52

To move the following Clause:—

‘The Commission may by order make incidental, consequential, transitional or

supplemental provision in connection with provision made by order under section

(Electoral Commission to make order for new electoral scheme) (order for

elections by halves or for elections by thirds).’.

Position if Electoral Commission acts under existing powers

Secretary Ruth Kelly

Added  NC53

To move the following Clause:—

‘In a case in which—

(a)
the Commission give the Boundary Committee a direction to conduct an

electoral review (see section (Electoral Commission to consider whether

electoral review is necessary)(2)), and

(b)
in response to that request the Boundary Committee make

recommendations to the Commission for electoral changes,

nothing in this Part requires the Commission to make any provision in relation to

matters dealt with, or to be dealt with, by the Commission in an order under

section 17 of the Local Government Act 1992 (c. 19) giving effect to those

recommendations.’.

Publicity for order by Electoral Commission

Secretary Ruth Kelly

Added  NC54

To move the following Clause:—

‘(1)
A council must comply with this section as soon as practicable after the Electoral

Commission have made an order under section (Electoral Commission to make

order for new electoral scheme) (order for elections by halves or for elections by

thirds) in relation to it.

Report Stage Proceedings: 22nd May 2007
301

Local Government and Public Involvement, continued

(2)
The council must produce an explanatory document.

(3)
The council must make the explanatory document—

(a)
available for public inspection at the council’s principal office at all

reasonable times, and

(b)
available to the public by such other means as the council thinks

appropriate.

(4)
The council must publicise these matters—

(a)
that the council has become subject to the new electoral scheme;

(b)
how the explanatory document is available in accordance with subsection

(3);

(c)
the address of the council’s principal office.

(5)
It is for the council to decide how these matters are to be publicised.

(6)
An explanatory document is a document which sets out details of the new

electoral scheme.’.

Power of council to alter years of ordinary elections of parish councillors

Secretary Ruth Kelly

Added  NC55

To move the following Clause:—

‘(1)
This section applies if a council passes a resolution under this Part.

(2)
The council may by order make provision that changes the years in which the

ordinary elections of parish councillors for any parish situated in the council’s

area are to be held.

(3)
The power may only be exercised so as to secure that those elections are to be held

in years in which ordinary elections of district councillors for a ward in which any

part of the parish is situated are to be held.

(4)
The order may include transitional provision—

(a)
for the retirement of existing parish councillors at times different from

those otherwise applying;

(b)
for the retirement of some parish councillors after their initial election

after the order comes into force at times different from those otherwise

applying.’.

Terms of reference of review

Secretary Ruth Kelly

Added  NC56

To move the following Clause:—

‘(1)
The terms of reference of a community governance review are the terms on which

the review is to be undertaken.

(2)
The terms of reference of a community governance review must specify the area

under review.

Report Stage Proceedings: 22nd May 2007
302

Local Government and Public Involvement, continued

(3)
Sections (No review being undertaken: duty to respond to petition) and (Review

being undertaken: duty to respond to petition) make further provision about the

terms of reference of community governance reviews.

(4)
Subject to subsection (2), and sections (No review being undertaken: duty to

respond to petition) and (Review being undertaken: duty to respond to petition),

it is for a principal council—

(a)
to decide the terms of reference of any community governance review

which the council is to undertake; and

(b)
to decide what modifications (if any) to make to terms of reference.

(5)
As soon as practicable after deciding terms of reference, the principal council

must publish the terms.

(6)
As soon as practicable after modifying terms of reference, the principal council

must publish the modified terms.’.

Council’s power to undertake review

Secretary Ruth Kelly

Added  NC57

To move the following Clause:—

‘A principal council may undertake a community governance review.’.

No review being undertaken: duty to respond to petition

Secretary Ruth Kelly

Added  NC58

To move the following Clause:—

‘(1)
This section applies if these conditions are met—

(a)
a principal council receives a community governance petition which

relates to the whole or part of a principal council’s area;

(b)
at the time the petition is received, the council is not in the course of

undertaking a community governance review.

(2)
The principal council must undertake a community governance review that has

terms of reference that allow for the petition to be considered.

(3)
But the duty in subsection (2) does not apply if—

(a)
the principal council has concluded a previous community governance

review within the relevant two-year period, and

(b)
in the council’s opinion the petition area covers the whole or a significant

part of the area to which the previous review related.


For further provision about this case, see section (Power to respond to petition).’.

Report Stage Proceedings: 22nd May 2007
303

Local Government and Public Involvement, continued

Review being undertaken: duty to respond to petition

Secretary Ruth Kelly

Added  NC59

To move the following Clause:—

‘(1)
This section applies if the following conditions are met—

(a)
a principal council receives a community governance petition which

relates to the whole or part of a principal council’s area;

(b)
at the time the petition is received, the council is in the course of

undertaking a community governance review (“the current review”);

(c)
the petition area is wholly outside the area under review.

(2)
The principal council must follow one of the options in subsection (4), (5) or (6).

(3)
But the duty in subsection (2) does not apply if—

(a)
the principal council has concluded a previous community governance

review within the relevant two-year period, and

(b)
in the council’s opinion the petition area covers the whole or a significant

part of the area to which the previous review related.


For further provision about this case, see section (Power to respond to petition).

(4)
The first option mentioned in subsection (2) is for the principal council to modify

the terms of reference of the current review so that they allow for the petition to

be considered.

(5)
The second option is for the principal council to undertake a community

governance review that—

(a)
is separate from the current review, and

(b)
has terms of reference that allow for the petition to be considered.

(6)
The third option is for the principal council to—

(a)
modify the terms of reference of the current review,

(b)
undertake a community governance review that is separate from the

current review (“the new review”), and

(c)
secure that (when taken together)—

(i)
the terms of reference of the current review (as modified), and

(ii)
the terms of reference of the new review,


allow for the petition to be considered.’.

Power to respond to petition

Secretary Ruth Kelly

Added  NC60

To move the following Clause:—

‘(1)
In any of the following cases where a principal council receive a community

governance petition, it is for the council to decide what action (if any) to take

under section (Council’s power to undertake review) (power to undertake review)

or (Terms of reference of review)(4)(b) (power to modify terms of review) in

response to that petition.

(2)
The first case is where—