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Local Democracy, Economic Development and Construction Bill [HL]


Local Democracy, Economic Development and Construction Bill [HL]
Part 3 — Local government boundary and electoral change

41

 

(a)   

the total number of members of the parish council (“parish

councillors”),

(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

section 53(2)(b).

(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

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(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

elected.

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

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 3 — Local government boundary and electoral change

42

 

areas pursuant to subsection (1), from making other recommendations under

section 53(2)(b).

(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.

55      

Review procedure

(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

made, and

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

(“councillors”);

(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;

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.

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 3 — Local government boundary and electoral change

43

 

(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

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 provision—

(a)   

applying any instrument made under an enactment, with or without

10

modifications,

(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

that—

15

(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 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

rectifying the mistake.

(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);

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 3 — Local government boundary and electoral change

44

 

(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

(c. 41).

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

and Northern Ireland;

(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

Commission);

(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

1992 (c. 55).

59      

Transfer schemes

(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

Committee.

(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

in the scheme.

(4)   

A scheme under this section must be made on or before—

(a)   

31 December 2009, or

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 3 — Local government boundary and electoral change

45

 

(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

terms of the scheme.

(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

by the scheme;

(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

England;

(d)   

make provision for the shared ownership or use of any property or

facilities.

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

into effect.

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(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.

Transitional

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

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 3 — Local government boundary and electoral change

46

 

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

force.

(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

comes into force.

61      

Interim provision

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.

Miscellaneous

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

should be made to—

(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

a local authority means—

40

(a)   

the total number of members of the local authority

(“councillors”);

 
 

Local Democracy, Economic Development and Construction Bill [HL]
Part 3 — Local government boundary and electoral change

47

 

(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

that area; and

(d)   

the name of any electoral area.

5

(6C)   

In subsection (6A)(b) “electoral arrangements”, in relation to the area of

a parish council means—

(a)   

the total number of members of the parish council (“parish

councillors”);

(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

“this section”.

(4)   

In section 10 (implementation of recommendations), after subsection (2)

insert—

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

section 8(2).

(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

section 8(6A) or (6E).

(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),

 
 

 
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