|
| |
|
| |
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 |
| |
| |
(d) | the additional information (if any) that is to accompany the accounts. |
| 10 |
| |
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. |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
| |
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 |
| |
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 |
| |
| 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 |
| |
| |
| 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 |
| |
| |
“Local Government Boundary Commission for England.” |
| |
| 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”. |
| |
| |
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 |
| |
“The Local Government Boundary Commission for England.” |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(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. |
| |
| |
| |
“the 2000 Act” means the Political Parties, Elections and Referendums |
| |
| 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 |
| |
| |
“ordinary member” is to be construed in accordance with paragraph |
| 20 |
| |
| |
| |
Electoral change in England: considerations on review |
| |
| |
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 |
| |
| |
(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 |
| |
(b) | the need to reflect the identities and interests of local communities |
| |
| |
|
| |
|
| |
|
(i) | the desirability of fixing boundaries which are and will |
| |
remain easily identifiable, and |
| |
(ii) | the desirability of not breaking local ties when fixing |
| |
| |
(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. |
| |
| |
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 |
| |
| 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 |
| |
| |
(b) | the need to reflect the identities and interests of local communities |
| |
| 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 |
| |
| |
(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)— |
| |
|
| |
|
| |
|
(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 |
| |
| 10 |
(ii) | in the case of a scheme for elections by thirds, if it is divisible |
| |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(b) | the need to reflect the identities and interests of local communities |
| 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 |
| |
| 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. |
| |
| |
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). |
| |
|
| |
|
| |
|
(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, |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
| 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. |
| |
|
| |
|