Local Democracy, Economic Development and Construction Bill [HL]

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Session 2008 - 09
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Local Democracy, Economic Development and Construction Bill [HL]

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 3 — Electoral change in England: interim modifications of the Local Government Act 1992
102

Schedule 3
Section 61

Electoral change in England: interim modifications of the Local Government
Act 1992
Introductory
1     (1)
Part 2 of the Local Government Act 1992 (c. 19) has effect during the interim
5
period subject to the modifications in paragraph 2.
      (2)
In this paragraph “interim period” means the period beginning with the day
on which this Act is passed and ending with the day immediately preceding
the day on which section 52 comes into force.
      (3)
Nothing in this Schedule affects the effect of Part 2 of the Local Government
10
Act 1992 in relation to any recommendation made to the Electoral
Commission under that Part before the day on which this Act is passed.
Interim modifications of Part 2 of the Local Government Act 1992
2     (1)
The modifications referred to in paragraph 1(1) are as follows.
      (2)
In section 15 (procedure on a review)—
15
(a)
in subsection (5)—
(i)
for “submit recommendations to the Electoral Commission”
substitute “make recommendations”;
(ii)
in paragraph (a), for “submit” substitute “make”;
(b)
omit subsections (6) to (7A).
20
      (3)
For section 17 (implementation) substitute—
“17
Implementation of review recommendations
(1)
Where under section 15 the Boundary Committee for England makes
recommendations for electoral changes, the Committee may by
order give effect to all or any of the recommendations.
25
(2)
An order under this section may in particular include provision as
to—
(a)
the total number of members of any principal council or
parish council (“councillors”);
(b)
the number and boundaries of electoral areas for the
30
purposes of the election of councillors;
(c)
the number of councillors to be returned by for any electoral
area;
(d)
the name of any electoral area;
(e)
the election of councillors for any electoral areas;
35
(f)
the order of retirement of councillors;
(g)
the ordinary year of election for a parish council.
(3)
An order under this section may not require or authorise the holding
of an election for membership of a principal council otherwise than
at an ordinary election for that council.
40
(4)
An order under this section may—

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 4 — Boundary and electoral change: amendments
103

(a)
contain incidental, consequential, supplementary or
transitional provision, or savings;
(b)
make different provision for different cases, including
different provision for different areas or councils.
(5)
The provision referred to in subsection (4)(a) may include
5
provision—
(a)
applying any instrument made under an enactment, with or
without modifications,
(b)
extending, excluding or amending any such instrument, or
(c)
repealing or revoking any such instrument.
10
(6)
Where the Boundary Committee for England is satisfied that—
(a)
a mistake has occurred in the preparation of an order under
subsection (1), and
(b)
the mistake is such that it cannot be rectified by a subsequent
order under this section by virtue of section 14 of the
15
Interpretation Act 1978 (c. 30) (implied power to amend),

the Committee may by order under this subsection make such
provision as it thinks necessary or expedient for rectifying the
mistake.
(7)
In subsection (6), “mistake”, in relation to an order, includes a
20
provision contained in or omitted from the order in reliance on
inaccurate or incomplete information supplied by any public body.
(8)
An order under this section is to be made by statutory instrument.
(9)
A draft of a statutory instrument containing an order under this
section is to be laid before Parliament before the instrument is made.
25
(10)
The power of the Boundary Committee for England under
paragraph 12 of Schedule 1 to the Political Parties, Elections and
Referendums Act 2000 (power of delegation) does not apply to any
function of the Committee under this section.”
      (4)
Omit sections 19 (regulations) and 26 (orders etc).
30
Schedule 4
Section 64

Boundary and electoral change: amendments
Local Government Act 1972 (c. 70)
1
The Local Government Act 1972 is amended as follows.
2     (1)
Section 6 is amended as follows.
35
      (2)
In subsection (2)(a), for “sections 14(8) and 17(7) of the Local Government
Act 1992” substitute “section 53(8) of the Local Democracy, Economic
Development and Construction Act 2009”.
      (3)
In subsection (3)(b), at the end insert “or Part 3 of the Local Democracy,
Economic Development and Construction Act 2009”.
40

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 4 — Boundary and electoral change: amendments
104

3
In sections 11A(10)(b), 12A(5)(b), 12B(6)(b) and 73(2), for “Electoral
Commission” substitute “Local Government Boundary Commission for
England”.
4     (1)
In Schedule 2, paragraph 7 (electoral divisions and wards of London
boroughs) is amended as follows.
5
      (2)
In sub-paragraph (1)(b) at the end insert “or section 56 of the Local
Democracy, Economic Development and Construction Act 2009”.
      (3)
In sub-paragraph (2) for the words from “order” to “2007” substitute “order
referred to in sub-paragraph (1)(b) above”.
5
In Schedule 3 (new authorities in England), in paragraph 10(1), (2) and (3),
10
after “2007” insert “or Part 3 of the Local Democracy, Economic
Development and Construction Act 2009”.
6     (1)
Schedule 11 (rules to be observed in considering electoral arrangements) is
amended as follows.
      (2)
Omit paragraphs 1 and 3.
15
      (3)
In paragraph 4(1), omit “by either of the Commissions”.
Environment Act 1995 (c. 25)
7     (1)
In Schedule 8 to the Environment Act 1995 (supplemental powers of
National Park Authorities), paragraph 7 (power to promote Bills) is
amended as follows.
20
      (2)
In sub-paragraph (3)—
(a)
for “section 14(4) of the Local Government Act 1992” substitute “Part
3 of the Local Democracy, Economic Development and Construction
Act 2009”;
(b)
for “any local government area within the meaning of that Act”
25
substitute “the area of any principal council (within the meaning of
that Part) or parish council”.
Greater London Authority Act 1999 (c. 29)
8
The Greater London Authority Act 1999 is amended as follows.
9
In section 2(4) (Assembly constituencies), for “the Electoral Commission”
30
substitute “the Local Government Boundary Commission for England”.
10    (1)
Schedule 1 (Assembly constituencies and orders under section 2(4)) is
amended as follows.
      (2)
For paragraph 1 substitute—
“1    (1)
This paragraph applies where the Secretary of State makes an
35
order under section 10 of the Local Government and Public
Involvement in Health Act 2007 which includes a boundary
change (within the meaning of section 8(3) of that Act) affecting a
London borough.
      (2)
Where this paragraph applies, the Local Government Boundary
40
Commission for England must consider whether to conduct a

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 4 — Boundary and electoral change: amendments
105

review of Assembly constituencies for the purpose of making
recommendations as to—
(a)
whether the boundary change referred to in sub-
paragraph (1) requires changes to Assembly constituencies
in order to comply with the rules set out in paragraph 7
5
below, and
(b)
if so, what those changes should be.
      (3)
For paragraph 2 substitute—
“2    (1)
The Local Government Boundary Commission for England may at
any time—
10
(a)
conduct a review of Assembly constituencies, and
(b)
make recommendations as to—
(i)
the area into which Greater London should be
divided to form the Assembly constituencies, and
(ii)
the name by which each Assembly constituency
15
should be known.
      (2)
No recommendations may be made by the Local Government
Boundary Commission for England pursuant to a review under
this paragraph unless the recommendations comply with the rules
set out in paragraph 7 below.”
20
      (4)
For paragraphs 3 to 5 substitute—
“3    (1)
As soon as reasonably practicable after deciding to conduct a
review under paragraph 1 or 2, the Local Government Boundary
Commission for England must take such steps as it considers
sufficient to secure that persons who may be interested in the
25
review are informed of—
(a)
the fact that the review is to take place, and
(b)
any particular matters to which the review is to relate.
      (2)
In conducting a review under paragraph 1 or 2 the Local
Government Boundary Commission for England must—
30
(a)
prepare and publish draft recommendations,
(b)
take such steps as its considers sufficient to secure that
persons who may be interested in the recommendations
are informed of them and of the period within which
representations with respect to them may be made, and
35
(c)
take into consideration any representations made to the
Commission within that period.
      (3)
The Local Government Boundary Commission for England may at
any time before publishing draft recommendations under sub-
paragraph (2)(a) consult such persons as it considers appropriate.
40
      (4)
As soon as practicable after conducting a review under paragraph
1 or 2 the Local Government Boundary Commission for England
must—
(a)
publish a report stating its recommendations, and
(b)
take such steps as it considers sufficient to secure that
45
persons who may be interested in the recommendations
are informed of them.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 4 — Boundary and electoral change: amendments
106

4     (1)
Where a report under paragraph 3 contains recommendations for
changes to any Assembly constituency or the name by which any
Assembly constituency is known, an order under section 2(4) may
give effect to the recommendations.
      (2)
An order under section 2(4) may contain incidental, consequential,
5
supplementary or transitional provision, or savings.
      (3)
The provision referred to in sub-paragraph (2) may include
provision—
(a)
applying any instrument made under an enactment, with
or without modifications,
10
(b)
extending, excluding or amending any such instrument, or
(c)
repealing or revoking any such instrument.
      (4)
Where the Local Government Boundary Commission for England
is satisfied that—
(a)
a mistake has occurred in the preparation of an order
15
under section 2(4), and
(b)
the mistake is such that it cannot be rectified by a
subsequent order under that section by virtue of section 14
of the Interpretation Act 1978 (c. 30) (implied power to
amend),
20

the Commission may by order under section 2(4) make such
provision as it thinks necessary or expedient for rectifying the
mistake.
      (5)
In sub-paragraph (4), “mistake”, in relation to an order, includes a
provision contained in or omitted from the order in reliance on
25
inaccurate or incomplete information supplied by any public
body.
      (6)
A draft of a statutory instrument containing an order under
section 2(4) is to be laid before Parliament before the instrument is
made.”
30
      (5)
In paragraph 7 (rules about Assembly constituencies), for “paragraphs 1(4),
2(2) and 4(3)” substitute “paragraphs 1(2) and 2(2)”.
      (6)
Omit Part 2 (orders under section 2(4)).
Local Government and Public Involvement in Health Act 2007 (c. 28)
11
The Local Government and Public Involvement in Health Act 2007 is
35
amended as follows.
12    (1)
Section 4 (request for Boundary Committee for England’s advice) is
amended as follows.
      (2)
In the heading, for “Boundary Committee for England’s” substitute “Local
Government Boundary Commission’s”.
40
      (3)
In subsection (2), for “Boundary Committee” substitute “Local Government
Boundary Commission”.
13    (1)
Section 5 (Boundary Committee’s powers) is amended as follows.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 4 — Boundary and electoral change: amendments
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      (2)
In the heading, for “Boundary Committee’s” substitute “Local Government
Boundary Commission’s”.
      (3)
In subsections (1), (2) and (3), for “Boundary Committee” substitute “Local
Government Boundary Commission”.
14    (1)
Section 6 (Boundary Committee’s procedures) is amended as follows.
5
      (2)
In the heading, for “Boundary Committee’s” substitute “Local Government
Boundary Commission’s”.
      (3)
In subsection (1)—
(a)
for “Boundary Committee”, in the first place, substitute “Local
Government Boundary Commission”;
10
(b)
for “Boundary Committee”, in the remaining three places, substitute
“Commission”.
      (4)
In subsection (2)—
(a)
for “Boundary Committee” substitute “Local Government Boundary
Commission”;
15
(b)
for “Boundary Committee’s” substitute “Commission’s”.
      (5)
In subsection (4)—
(a)
for “Boundary Committee”, in the first place, substitute “Local
Government Boundary Commission”;
(b)
for “Boundary Committee”, in the second place, substitute
20
“Commission”.
      (6)
In subsection (5), for “Boundary Committee” substitute “Local Government
Boundary Commission”.
15    (1)
Section 7 (implementation of proposals by order) is amended as follows.
      (2)
In subsection (1)(b), for “Boundary Committee” substitute “Local
25
Government Boundary Commission”.
      (3)
In subsection (6)—
(a)
for “Boundary Committee”, in the first place, substitute “Local
Government Boundary Commission”;
(b)
for “Boundary Committee”, in the second place, substitute
30
“Commission”.
      (4)
In subsection (7), for “Boundary Committee” substitute “Local Government
Boundary Commission”.
16    (1)
Section 8 (review by Boundary Committee of local government areas) is
amended as follows.
35
      (2)
In the heading, for “Boundary Committee” substitute “Local Government
Boundary Commission”.
      (3)
In subsections (1), (2), (5), (6) and (7), for “Boundary Committee” substitute
“Local Government Boundary Commission”.
      (4)
In subsection (8)—
40
(a)
for “Boundary Committee”, in the first place, substitute “Local
Government Boundary Commission”;

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 4 — Boundary and electoral change: amendments
108

(b)
for “Boundary Committee”, in the remaining three places, substitute
“Commission”.
17    (1)
Section 9 (Boundary Committee’s review: consultation etc) is amended as
follows.
      (2)
In the heading, for “Boundary Committee’s” substitute “Local Government
5
Boundary Commission’s”.
      (3)
In subsection (2), for “Committee” substitute “Local Government Boundary
Commission”.
      (4)
In subsection (3)—
(a)
for “Boundary Committee”, in the first place, substitute “Local
10
Government Boundary Commission”;
(b)
for “Boundary Committee”, in the second place, substitute
“Commission”.
      (5)
In subsections (4) and (5), for “Boundary Committee” substitute “Local
Government Boundary Commission”.
15
18
In section 10 (implementation of recommendations by order), in subsections
(1), (2), (4) and (5), for “Boundary Committee” substitute “Local Government
Boundary Commission”.
19
In section 12 (provision relating to membership etc of authorities), in
subsection (5), for the words from “the Electoral Commission” to the end
20
substitute “the Local Government Boundary Commission must consider
whether to exercise its power under section 53(2) of the Local Democracy,
Economic Development and Construction Act 2009 (electoral reviews)”.
20    (1)
In section 23 (definitions), subsection (1) is amended as follows.
      (2)
Omit the definition of “the Boundary Committee”.
25
      (3)
After the definition of “local government area” insert—
““the Local Government Boundary Commission” means the
Local Government Boundary Commission for England;”.
21    (1)
Section 36 (notice to Electoral Commission) is amended as follows.
      (2)
In the heading, for “Electoral Commission” substitute “Local Government
30
Boundary Commission for England”.
      (3)
In subsection (2), for “Electoral Commission” substitute “Local Government
Boundary Commission”.
      (4)
After subsection (2) insert—
“(3)
In this Chapter, “Local Government Boundary Commission” means
35
the Local Government Boundary Commission for England.”
22
In section 41 (publicity for resolution), in subsection (4)(b), for “Electoral
Commission” substitute “Local Government Boundary Commission”.
23    (1)
Section 42 (notice to Electoral Commission) is amended as follows.
      (2)
In the heading, for “Electoral Commission” substitute “Local Government
40
Boundary Commission”.