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]
Schedule 1 — Boundary Committee for England
96

Accounts
14    (1)
The Commission must keep accounting records.
      (2)
The Commission must, for each financial year, prepare accounts in
accordance with directions given to it by the Treasury.
      (3)
Those directions may include directions as to—
5
(a)
the information to be contained in the accounts,
(b)
the manner in which the information is to be presented,
(c)
the methods and principles according to which the accounts are to be
prepared, and
(d)
the additional information (if any) that is to accompany the accounts.
10
Audit
15    (1)
The Commission must send copies of its accounts to—
(a)
the Comptroller and Auditor General, and
(b)
the Speaker’s Committee,

as soon after the end of the financial year as may be practicable.
15
      (2)
The Comptroller and Auditor General must—
(a)
examine and certify accounts received under sub-paragraph (1),
(b)
report on the accounts, and
(c)
lay the certified accounts and report before Parliament.
Accounting officer
20
16    (1)
The Speaker’s Committee must designate an employee of the Commission
as the Commission’s accounting officer.
      (2)
The accounting officer is to have, in relation to the Commission’s accounts
and finance, the responsibilities that are from time to time specified by the
Speaker’s Committee.
25
      (3)
In this paragraph references to responsibilities include in particular—
(a)
responsibilities in relation to the signing of accounts;
(b)
responsibilities for the propriety and regularity of the Commission’s
finances;
(c)
responsibilities for the economy, efficiency and effectiveness with
30
which the Commission’s resources are used.
      (4)
The responsibilities which may be specified under this paragraph include
responsibilities owed to the Commission, the Speaker’s Committee or the
House of Commons or its Committee of Public Accounts.
      (5)
In this paragraph any reference to the Public Accounts Committee of the
35
House of Commons is, if—
(a)
the name of that Committee is changed, or
(b)
its functions at the passing of this Act (or functions substantially
corresponding thereto) become functions of a different committee of
the House of Commons,
40

to be taken to be references to the Committee by its new name or (as the case
may be) to the committee by whom the functions are for the time being
exercisable.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 1 — Boundary Committee for England
97

Annual report
17    (1)
The Commission must, as soon after the end of each financial year as may be
practicable, prepare and lay before Parliament a report about the
performance of the Commission’s functions during that financial year.
      (2)
The Commission must, on so laying such a report, publish it in such manner
5
as it may determine.
Instruments and authentication
18    (1)
The fixing of the seal of the Commission is to be authenticated by the
signature of the chair or of another person authorised by the Commission to
act for that purpose.
10
      (2)
A document purporting to be duly executed under the seal of the
Commission, or to be signed on its behalf, is to be received in evidence and,
unless the contrary is proved, is to be treated as having been so executed or
signed.
Records
15
19
In the Public Records Act 1958 (c. 51), in Schedule 1 (definition of public
records), in Part 2 of the Table at the end of paragraph 3, at the appropriate
place insert—
“Local Government Boundary Commission for England.”
Investigation
20
20
In the Parliamentary Commissioner Act 1967 (c. 13), in Schedule 2
(departments etc subject to investigation), at the appropriate place insert—
“Local Government Boundary Commission for England”.
Freedom of information
21
In the Freedom of Information Act 2000 (c. 36), in Schedule 1, in Part 6 (other
25
public bodies and offices: general), at the appropriate place insert—
“The Local Government Boundary Commission for England.”
House of Commons disqualification
22
In the House of Commons Disqualification Act 1975 (c. 24), in Part 2 of
Schedule 1 (bodies of which all members are disqualified), at the appropriate
30
place insert—
“The Local Government Boundary Commission for England.”
Transitional
23    (1)
The Electoral Commissioner who immediately before the day on which
section 52 comes into force is the chair of the Electoral Commission’s
35
Boundary Committee is to be treated—
(a)
as having been appointed as the chair of the Commission under
paragraph 2(1), and

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 2 — Electoral change in England: considerations on review
98

(b)
as having been so appointed on the day on which, and for the term
for which, that person was appointed as the chair of the Electoral
Commission’s Boundary Committee.
      (2)
A Deputy Electoral Commissioner who immediately before the day on
which section 52 comes into force is a member of the Electoral Commission’s
5
Boundary Committee is to be treated—
(a)
as having been appointed as an ordinary member of the Commission
under paragraph 1(2), and
(b)
as having been so appointed on the day on which, and for the term
for which, that person was appointed as a member of the Electoral
10
Commission’s Boundary Committee.
Interpretation
24
In this Schedule—
“the 2000 Act” means the Political Parties, Elections and Referendums
Act 2000 (c. 41);
15
“accounting unit” and “registered party” have the same meanings as in
the 2000 Act (see section 160 of that Act);
“the Commission” means the Local Government Boundary
Commission for England;
“ordinary member” is to be construed in accordance with paragraph
20
1(1)(b).
Schedule 2
Section 53

Electoral change in England: considerations on review
County councils
1     (1)
This paragraph applies where the Local Government Boundary
25
Commission for England makes recommendations under section 53 in
relation to the electoral arrangements for the area of a county council.
      (2)
The recommendations must secure the following results—
(a)
an electoral area of the county council must not fall partly inside and
partly outside any district,
30
(b)
every ward of a parish having a parish council (whether separate or
common) must lie wholly within a single electoral area of the county
council, and
(c)
every parish which is not divided into parish wards must lie wholly
within a single electoral area of the county council.
35
      (3)
Subject to sub-paragraph (2), in making the recommendations the Local
Government Boundary Commission for England must have regard to—
(a)
the need to secure that the ratio of the number of local government
electors to the number of members of the county council to be elected
is, as nearly as possible, the same in every electoral area of the
40
council,
(b)
the need to reflect the identities and interests of local communities
and in particular—

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 2 — Electoral change in England: considerations on review
99

(i)
the desirability of fixing boundaries which are and will
remain easily identifiable, and
(ii)
the desirability of not breaking local ties when fixing
boundaries,
(c)
the need to secure effective and convenient local government, and
5
(d)
the boundaries of the electoral areas of any district council whose
area is within the area of the county council.
      (4)
For the purpose of sub-paragraph (3)(a) the Local Government Boundary
Commission for England must have regard to any change in the number or
distribution of local government electors in the area of the county council
10
which is likely to take place within the period of five years immediately
following the making of the recommendations.
District councils
2     (1)
This paragraph applies where the Local Government Boundary
Commission for England makes recommendations under section 53 in
15
relation to the electoral arrangements for the area of a district council.
      (2)
The recommendations must secure the following results—
(a)
every ward of a parish having a parish council (whether separate or
common) must lie wholly within a single electoral area of the district
council, and
20
(b)
every parish which is not divided into parish wards must lie wholly
within a single electoral area of the district council.
      (3)
Subject to sub-paragraph (2), in making the recommendations the Local
Government Boundary Commission for England must have regard to—
(a)
the need to secure that the ratio of the number of local government
25
electors to the number of members of the district council to be elected
is, as nearly as possible, the same in every electoral area of the
council,
(b)
the need to reflect the identities and interests of local communities
and in particular—
30
(i)
the desirability of fixing boundaries which are and will
remain easily identifiable, and
(ii)
the desirability of fixing boundaries so as not to break any
local ties,
(c)
the need to secure effective and convenient local government, and
35
(d)
in the case of a district council that is subject to a scheme for elections
by halves or by thirds, or that has resolved to revert to being subject
to such a scheme under Chapter 1 of Part 2 of the Local Government
and Public Involvement in Health Act 2007 (c. 28), the desirability of
securing that each electoral area of the district council returns an
40
appropriate number of members of the council.
      (4)
For the purpose of sub-paragraph (3)(a) the Local Government Boundary
Commission for England must have regard to any change in the number or
distribution of local government electors in the area of the district council
which is likely to take place within the period of five years immediately
45
following the making of the recommendations.
      (5)
For the purposes of sub-paragraph (3)(d)—

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 2 — Electoral change in England: considerations on review
100

(a)
a district council is “subject to a scheme of elections by halves” if one
half (or as nearly as may be) of its members are to be elected in each
year in which it holds ordinary elections of members of the council;
(b)
a district council is “subject to a scheme of elections by thirds” if one
third (or as nearly as may be) of its members are to be elected in each
5
year in which it holds ordinary elections of members of the council;
(c)
the number of members of the district council returned by an
electoral area of the council is “appropriate”—
(i)
in the case of a scheme for elections by halves, if it is divisible
by 2;
10
(ii)
in the case of a scheme for elections by thirds, if it is divisible
by 3.
London borough councils
3     (1)
This paragraph applies where the Local Government Boundary
Commission for England makes recommendations under section 53 in
15
relation to the electoral arrangements for the area of a London borough
council.
      (2)
The recommendations must secure the following results—
(a)
every ward of a parish having a parish council (whether separate or
common) must lie wholly within a single electoral area of the
20
London borough council, and
(b)
every parish which is not divided into parish wards must lie wholly
within a single electoral area of the London borough council.
      (3)
Subject to sub-paragraph (2), in making the recommendations the Local
Government Boundary Commission for England must have regard to—
25
(a)
the need to secure that the ratio of the number of local government
electors to the number of members of the London borough council to
be elected is, as nearly as possible, the same in every electoral area of
the council,
(b)
the need to reflect the identities and interests of local communities
30
and in particular—
(i)
the desirability of fixing boundaries which are and will
remain easily identifiable, and
(ii)
the desirability of fixing boundaries so as not to break any
local ties, and
35
(c)
the need to secure effective and convenient local government.
      (4)
For the purpose of sub-paragraph (3)(a) the Local Government Boundary
Commission for England must have regard to any change in the number or
distribution of local government electors in the area of the London borough
council which is likely to take place within the period of five years
40
immediately following the making of the recommendations.
Parish councils
4     (1)
This paragraph applies where the Local Government Boundary
Commission for England makes recommendations under section 53 in
relation to the electoral arrangements for the area of a parish council
45
(including a common parish council).

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 2 — Electoral change in England: considerations on review
101

      (2)
In making any such recommendations, the Local Government Boundary
Commission for England must have regard to—
(a)
the need to reflect the identities and interests of local communities,
and in particular—
(i)
the desirability of fixing boundaries which are and will
5
remain easily identifiable, and
(ii)
the desirability of fixing boundaries so as not to break any
local ties,
(b)
the need to secure effective and convenient local government, and
(c)
the boundaries of the electoral areas of the principal council or
10
councils in whose area the area of the parish council falls.
      (3)
In making any recommendations as to whether the area of the parish council
is to be divided into wards for the election of members of the parish council,
the Local Government Boundary Commission for England must have
regard to—
15
(a)
whether the number or distribution of the local government electors
in the area is such as to make a single election of the members of the
council impracticable or inconvenient, and
(b)
whether it is desirable for any parts of the area of the parish council
to be separately represented on the council.
20
      (4)
In making any recommendations as to—
(a)
the size and boundaries of wards, or
(b)
the number of members of a parish council to be elected for each
ward,

the Local Government Boundary Commission for England must have
25
regard to any change in the number or distribution of the local government
electors in the area of the parish council which is likely to take place within
the period of five years immediately following the making of the
recommendations.
      (5)
In the case of the area of a parish council not divided into wards, in making
30
recommendations as to the number of members to be elected for the parish
council, the Local Government Boundary Commission for England must
have regard to—
(a)
the number and distribution of the local government electors in the
area of the parish council, and
35
(b)
any change in such number or distribution which is likely to take
place within the period of five years immediately following the
making of the recommendations.
Interpretation
5
In this Schedule—
40
“local government elector” has the meaning given in section 270(1) of
the Local Government Act 1972 (c. 70);
“electoral area”, in relation to a principal council, means an area for
which one or more members of the council are elected.