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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.

 
 

 
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