|
| |
|
(a) | the total number of members of the parish council (“parish |
| |
| |
(b) | arrangements for the division of the parish or (in the case of a common |
| |
parish council) any of the parishes into wards for the purposes of the |
| |
election of parish councillors, |
| 5 |
(c) | the number and boundaries of any wards, |
| |
(d) | the number of parish councillors to be returned by any ward or, in the |
| |
case of a common parish council, by each parish, and |
| |
(e) | the name of any ward. |
| |
(7) | Section 6(2)(a) of the Local Government Act 1972 (c. 70) (electoral divisions of |
| 10 |
non-metropolitan county to return one councillor each) does not limit the |
| |
recommendations that may be made under this section. |
| |
(8) | Schedule 2 (which makes further provision relating to recommendations under |
| |
this section) is part of this Part. |
| |
(9) | A principal council or parish council must, if requested by the Local |
| 15 |
Government Boundary Commission for England to do so, provide the |
| |
Commission, by such date as it may specify, with any information that it may |
| |
reasonably require in connection with its functions under this section. |
| |
54 | Requests for review of single-member electoral areas |
| |
(1) | A principal council which falls within subsection (3) may request the Local |
| 20 |
Government Boundary Commission for England to— |
| |
(a) | conduct a review of the council’s area under section 53(2)(a), and |
| |
(b) | make recommendations as to single-member electoral areas under |
| |
| |
(2) | In this section “recommendations as to single-member electoral areas” means |
| 25 |
recommendations, for each electoral area in the area of a principal council, as |
| |
to whether the electoral area should return one member of the council. |
| |
(3) | A principal council falls within this subsection if— |
| |
(a) | it is not the case that each of the electoral areas in the council’s area |
| |
returns one member of the council, and |
| 30 |
(b) | the council is subject to a scheme for whole-council elections. |
| |
(4) | For the purposes of subsection (3)(b) a principal council is “subject to a scheme |
| |
for whole-council elections” if, in each year in which ordinary elections of |
| |
members of the council are to be held, all the members of the council are to be |
| |
| 35 |
(5) | If the Local Government Boundary Commission for England grants a request |
| |
under this section, in making its recommendations it must (in addition to the |
| |
matters to be considered pursuant to Schedule 2) have regard to the |
| |
desirability of securing that each electoral area in the principal council’s area |
| |
should return one member of the council. |
| 40 |
(6) | If the Local Government Boundary Commission for England decides not to |
| |
grant a principal council’s request under this section, it must notify the council |
| |
of its decision and the reasons for it. |
| |
(7) | Nothing in this section prevents the Local Government Boundary Commission |
| |
for England, when making recommendations as to single-member electoral |
| 45 |
|
| |
|
| |
|
areas pursuant to subsection (1), from making other recommendations under |
| |
| |
(8) | In subsections (2) and (5), references to electoral areas are, in relation to a case |
| |
where the Local Government Boundary Commission for England makes |
| |
recommendations for change to the number or boundaries of electoral areas in |
| 5 |
the area of a principal council, to the recommended electoral areas. |
| |
| |
(1) | As soon as reasonably practicable after deciding to conduct a review under |
| |
section 53, the Local Government Boundary Commission for England must |
| |
take such steps as it considers sufficient to secure that persons who may be |
| 10 |
interested in the 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 section 53, the Local Government Boundary |
| |
Commission for England must— |
| 15 |
(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 |
| |
| 20 |
(c) | take into consideration any representations made to the Local |
| |
Government Boundary Commission for England within that period. |
| |
(3) | The Local Government Boundary Commission for England may at any time |
| |
before publishing draft recommendations under subsection (2)(a) consult such |
| |
persons as it considers appropriate. |
| 25 |
(4) | As soon as practicable after conducting a review under section 53, 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 persons who may |
| |
be interested in the recommendations are informed of them. |
| 30 |
56 | Implementation of review recommendations |
| |
(1) | Where a report under section 55(4) contains recommendations for electoral |
| |
changes, the Local Government Boundary Commission for England may by |
| |
order give effect to all or any of the recommendations. |
| |
(2) | An order under this section may in particular include provision as to— |
| 35 |
(a) | the total number of members of any principal council or parish council |
| |
| |
(b) | the number and boundaries of electoral areas for the purposes of the |
| |
| |
(c) | the number of councillors to be returned by any electoral area; |
| 40 |
(d) | the name of any electoral area; |
| |
(e) | the election of councillors for any electoral area; |
| |
(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. |
| |
(4) | An order under this section may— |
| |
(a) | contain incidental, consequential, supplementary or transitional |
| 5 |
| |
(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 provision— |
| |
(a) | applying any instrument made under an enactment, with or without |
| 10 |
| |
(b) | extending, excluding or amending any such instrument, or |
| |
(c) | repealing or revoking any such instrument. |
| |
(6) | Where the Local Government Boundary Commission for England is satisfied |
| |
| 15 |
(a) | a mistake has occurred in the preparation of an order under subsection |
| |
| |
(b) | the mistake is such that it cannot be rectified by a subsequent order |
| |
under this section by virtue of section 14 of the Interpretation Act 1978 |
| |
(c. 30) (implied power to amend), |
| 20 |
| the Local Government Boundary Commission for England may by order under |
| |
this subsection make such provision as it thinks necessary or expedient for |
| |
| |
(7) | In subsection (6), “mistake”, in relation to an order, includes a provision |
| |
contained in or omitted from the order in reliance on information supplied by |
| 25 |
any public body which is inaccurate or incomplete. |
| |
(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. |
| |
Local Government Boundary Commission for England: functions relating to boundary change |
| 30 |
57 | Transfer of functions relating to boundary change |
| |
(1) | The functions of the Electoral Commission’s Boundary Committee under |
| |
Chapter 1 of Part 1 of the Local Government and Public Involvement in Health |
| |
Act 2007 (c. 28) (structural and boundary change) are, subject to this Part, |
| |
transferred to the Local Government Boundary Commission for England. |
| 35 |
(2) | The functions of the Electoral Commission under the enactments specified in |
| |
subsection (3) are, subject to the following provisions of this Part, transferred |
| |
to the Local Government Boundary Commission for England. |
| |
(3) | Those enactments are— |
| |
(a) | section 2(4) of the Greater London Authority Act 1999 (c. 29) |
| 40 |
(constituencies for the Greater London Assembly); |
| |
(b) | Chapter 1 of Part 2 of the Local Government and Public Involvement in |
| |
Health Act 2007 (electoral arrangements); |
| |
(c) | section 59 of that Act (change of name of electoral area); |
| |
|
| |
|
| |
|
(d) | Chapter 3 of Part 4 of that Act (parish re-organisation). |
| |
(4) | In this Part, the “Electoral Commission’s Boundary Committee” means the |
| |
Boundary Committee for England constituted by the Electoral Commission |
| |
under section 14 of the Political Parties, Elections and Referendums Act 2000 |
| |
| 5 |
Termination of involvement of Electoral Commission |
| |
58 | Removal of functions relating to boundary and electoral change |
| |
(1) | The duty of the Electoral Commission under section 14 of the Political Parties, |
| |
Elections and Referendums Act 2000 to establish Boundary Committees is |
| |
abolished so far as relating to England. |
| 10 |
(2) | Accordingly, the following provisions of that Act are repealed— |
| |
(a) | section 14 (Boundary Committees), so far as relating to England; |
| |
(b) | section 15 (Deputy Electoral Commissioners). |
| |
(3) | In that Act the following provisions (which provide for the transfer of |
| |
functions etc to the Electoral Commission and which are not in force or in force |
| 15 |
only to a limited extent) are repealed— |
| |
(a) | section 14 (Boundary Committees) so far as relating to Scotland, Wales |
| |
| |
(b) | sections 16 and 17 (transfer of functions and property etc of Boundary |
| |
Commissions to the Electoral Commission); |
| 20 |
(c) | sections 19 and 20 (transfer of functions of Local Government |
| |
Boundary Commissions for Scotland and Wales to Electoral |
| |
| |
(d) | Part 1 of Schedule 3 (amendments relating to the transfer of functions |
| |
of Boundary Commissions); |
| 25 |
(e) | in Schedule 22 (repeals), the entries relating to the Parliamentary |
| |
Constituencies Act 1986 (c. 56) and the Boundary Commissions Act |
| |
| |
| |
(1) | For the purpose of the exercise of functions conferred on the Local Government |
| 30 |
Boundary Commission for England by or under this Part, the Electoral |
| |
Commission must make one or more schemes for the transfer of property, |
| |
rights and liabilities from the Electoral Commission to the Local Government |
| |
Boundary Commission for England. |
| |
(2) | The Electoral Commission may not make a scheme under this section— |
| 35 |
(a) | without consulting the Secretary of State; |
| |
(b) | without the consent of the Electoral Commission’s Boundary |
| |
| |
(3) | If the Electoral Commission and the Electoral Commission’s Boundary |
| |
Committee fail to agree on the provision to be included in a scheme under this |
| 40 |
section, the Secretary of State may by order specify the provision to be included |
| |
| |
(4) | A scheme under this section must be made on or before— |
| |
| |
|
| |
|
| |
|
(b) | such later date as the Secretary of State may by order specify. |
| |
(5) | A transfer under a scheme under this section has effect in accordance with the |
| |
| |
(6) | A transfer under a scheme under this section may have effect— |
| |
(a) | whether or not the property, rights and liabilities would otherwise be |
| 5 |
capable of being transferred; |
| |
(b) | without any instrument or other formality being required. |
| |
(7) | The rights and liabilities which may be transferred by a scheme under this |
| |
section include rights and liabilities in relation to a contract of employment. |
| |
(8) | The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI |
| 10 |
2006/246) apply to the transfer under a scheme under this section (whether or |
| |
not the transfer is a relevant transfer for the purposes of those regulations). |
| |
(9) | A scheme under this section may define the property, rights and liabilities to |
| |
be transferred by specifying or describing them. |
| |
(10) | A scheme under this section may include supplementary, incidental, |
| 15 |
transitional and consequential provision and may in particular— |
| |
(a) | make provision for the continuing effect of things done by the Electoral |
| |
Commission in relation to anything transferred by the scheme; |
| |
(b) | make provision for the continuation of things (including legal |
| |
proceedings) in the process of being done, by or on behalf of or in |
| 20 |
relation to the Electoral Commission in relation to anything transferred |
| |
| |
(c) | make provision for references to the Electoral Commission in an |
| |
agreement (whether written or not), instrument or other document in |
| |
relation to anything transferred by the scheme to be treated (so far as |
| 25 |
necessary for the purposes of or in consequence of the transfer) as |
| |
references to the Local Government Boundary Commission for |
| |
| |
(d) | make provision for the shared ownership or use of any property or |
| |
| 30 |
(11) | Where a scheme has been made under this section, the Electoral Commission |
| |
and the Local Government Boundary Commission for England may (subject to |
| |
any order under this section) agree in writing to modify the scheme; and any |
| |
such modification is to have effect as from the date the original scheme came |
| |
| 35 |
(12) | An order under this section is to be made by statutory instrument. |
| |
(13) | A statutory instrument containing an order under this section is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
| |
60 | Continuity of functions |
| 40 |
(1) | Anything done before the relevant day by the Electoral Commission’s |
| |
Boundary Committee for the purposes of the discharge of its functions under |
| |
Part 2 of the Local Government Act 1992 (c. 19) may for the purposes of the |
| |
discharge of any function of the Local Government Boundary Commission for |
| |
|
| |
|
| |
|
England under any of sections 53 to 56 be regarded as having been done by the |
| |
Local Government Boundary Commission for England under that section. |
| |
(2) | In subsection (1) “relevant day” means the day on which section 53 comes into |
| |
| |
(3) | Anything done before the relevant day by the Electoral Commission’s |
| 5 |
Boundary Committee for the purposes of the discharge of any function |
| |
referred to in section 57(3) may for the purposes of the discharge of that |
| |
function by the Local Government Boundary Commission for England under |
| |
Chapter 1 of Part 1 of the Local Government and Public Involvement in Health |
| |
Act 2007 (c. 28) be regarded as having been done by the Local Government |
| 10 |
Boundary Commission for England under that Chapter. |
| |
(4) | Anything done before the relevant day by the Electoral Commission for the |
| |
purposes of the discharge of any function under an enactment specified in |
| |
section 57(4) may for the purposes of the discharge of that function by the Local |
| |
Government Boundary Commission for England under that enactment be |
| 15 |
regarded as having been done by the Local Government Boundary |
| |
Commission for England under that enactment. |
| |
(5) | In subsections (3) and (4), “relevant day” means the day on which section 57 |
| |
| |
| 20 |
(1) | Schedule 3 (which makes modifications to Part 2 of the Local Government Act |
| |
1992 (c. 19) for an interim period) is part of this Part. |
| |
(2) | Where the Electoral Commission receives recommendations under Part 2 of |
| |
the Local Government Act 1992 before the day on which this Act is passed, it |
| |
must determine whether to give effect to any or all of those recommendations |
| 25 |
on or before 31 March 2010. |
| |
| |
62 | Electoral changes consequential on boundary change in England |
| |
(1) | Chapter 1 of Part 1 of the Local Government and Public Involvement in Health |
| |
Act 2007 (structural and boundary change) is amended as follows. |
| 30 |
(2) | In section 8 (review of local government areas) after subsection (6) insert— |
| |
“(6A) | Where under subsection (2) the Local Government Boundary |
| |
Commission recommend that a boundary change should be made in |
| |
relation to any local government area, the Commission must |
| |
recommend to the Secretary of State whether, in consequence, a change |
| 35 |
| |
(a) | the electoral arrangements of the area of a local authority; |
| |
(b) | the electoral arrangements of the area of a parish council. |
| |
(6B) | In subsection (6A)(a) “electoral arrangements”, in relation to the area of |
| |
| 40 |
(a) | the total number of members of the local authority |
| |
| |
|
| |
|
| |
|
(b) | the number and boundaries of electoral areas for the purposes |
| |
of the election of councillors; |
| |
(c) | the number of councillors to be returned by any electoral area in |
| |
| |
(d) | the name of any electoral area. |
| 5 |
(6C) | In subsection (6A)(b) “electoral arrangements”, in relation to the area of |
| |
| |
(a) | the total number of members of the parish council (“parish |
| |
| |
(b) | arrangements for the division of the parish or (in the case of a |
| 10 |
common parish council) any of the parishes into wards for the |
| |
purposes of the election of parish councillors; |
| |
(c) | the number and boundaries of any wards; |
| |
(d) | the number of parish councillors to be returned by any ward or, |
| |
in the case of a common parish council, by each parish; and |
| 15 |
(e) | the name of any ward. |
| |
(6D) | Schedule 2 to the Local Democracy, Economic Development and |
| |
Construction Act 2009 applies in relation to the making of |
| |
recommendations under subsection (6A). |
| |
(6E) | Where under subsection (2) the Local Government Boundary |
| 20 |
Commission recommend that a boundary change should be made in |
| |
relation to the area of a London borough council, the Commission must |
| |
recommend to the Secretary of State whether, in consequence, a change |
| |
should be made to the area of any constituency for the London |
| |
Assembly in order to comply with the rules set out in paragraph 7 of |
| 25 |
Schedule 1 to the Greater London Authority Act 1999.” |
| |
(3) | In that section, in subsection (7), for “subsection (1), (2), (5) or (6)” substitute |
| |
| |
(4) | In section 10 (implementation of recommendations), after subsection (2) |
| |
| 30 |
“(2A) | Subsections (2B) to (2D) apply where the Local Government Boundary |
| |
Commission make a recommendation to the Secretary of State under |
| |
section 8(6A) or (6E) in consequence of a recommendation under |
| |
| |
(2B) | Where under subsection (1)(a) the Secretary of State implements the |
| 35 |
recommendation under section 8(2) without modification, the |
| |
Secretary of State must by order implement the recommendation under |
| |
| |
(2C) | Where pursuant to subsection (1)(a) the Secretary of State proposes to |
| |
implement the recommendation under section 8(2) with modification, |
| 40 |
the Secretary of State must request the Local Government Boundary |
| |
Commission to recommend whether a modification is needed to their |
| |
recommendation under section 8(6A) or (6E). |
| |
(2D) | Where under section (1)(a) the Secretary of State implements a |
| |
recommendation under section 8(2) with modification— |
| 45 |
(a) | if the Local Government Boundary Commission have |
| |
recommended under subsection (2C) that a modification is |
| |
needed to their recommendation under section 8(6A) or (6E), |
| |
|
| |
|