Local Democracy, Economic Development and Construction Bill [HL]

House of Commons

Session 2008 - 09
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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
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
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.
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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
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(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),
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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);

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(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);
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(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]
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(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.
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(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.
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.
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]
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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
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(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),