Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies
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Allocation of constituencies to parts of the United Kingdom
3     (1)
Each constituency shall be wholly in one of the four parts of the
United Kingdom (England, Wales, Scotland and Northern Ireland).
      (2)
The number of constituencies in each part of the United Kingdom
shall be determined in accordance with the allocation method set out
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in rule 8.
Area of constituencies
4     (1)
A constituency shall not have an area of more than 13,000 square
kilometres.
      (2)
A constituency does not have to comply with rule 2(1)(a) if—
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(a)
it has an area of more than 12,000 square kilometres, and
(b)
the Boundary Commission concerned are satisfied that it is
not reasonably possible for the constituency to comply with
that rule.
Factors
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5     (1)
A Boundary Commission may take into account, if and to such extent
as they think fit—
(a)
special geographical considerations, including in particular
the size, shape and accessibility of a constituency;
(b)
local government boundaries as they exist on the most recent
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ordinary council-election day before the review date;
(c)
any local ties that would be broken by changes in
constituencies;
(d)
the inconveniences attendant on such changes.
      (2)
The Boundary Commission for England may take into account, if
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and to such extent as they think fit, boundaries of the electoral
regions specified in Schedule 1 to the European Parliamentary
Elections Act 2002 (ignoring paragraph 2(2) of that Schedule and the
references to Gibraltar) as it has effect on the most recent ordinary
council-election day before the review date.
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      (3)
This rule has effect subject to rules 2 and 4.
Preserved constituencies
6     (1)
There shall continue to be—
(a)
a constituency named Orkney and Shetland, comprising the
areas of the Orkney Islands Council and the Shetland Islands
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Council;
(b)
a constituency named Na h-Eileanan an Iar, comprising the
area of Comhairle nan Eilean Siar.
      (2)
Rule 2 does not apply to these constituencies.

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies
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Northern Ireland
7     (1)
In relation to Northern Ireland, sub-paragraph (2) below applies in
place of rule 2 where—
(a)
the difference between—
(i)
the electorate of Northern Ireland, and
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(ii)
the United Kingdom electoral quota multiplied by the
number of seats in Northern Ireland (determined
under rule 8),

exceeds one third of the United Kingdom electoral quota, and
(b)
the Boundary Commission for Northern Ireland consider
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that having to apply rule 2 would unreasonably impair—
(i)
their ability to take into account the factors set out in
rule 5(1), or
(ii)
their ability to comply with section 3(2) of this Act.
      (2)
The electorate of any constituency shall be—
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(a)
no less than whichever is the lesser of—

and 95% of the United Kingdom electoral quota, and
(b)
no more than whichever is the greater of— equation: plus[char[N],char[A]]

and 105% of the United Kingdom electoral quota,

where—
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N is the electorate of Northern Ireland divided by the number
of seats in Northern Ireland (determined under rule 8), and
A is 5% of the United Kingdom electoral quota.
The allocation method
8     (1)
The allocation method referred to in rule 3(2) is as follows.
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      (2)
The first constituency shall be allocated to the part of the United
Kingdom with the greatest electorate.
      (3)
The second and subsequent constituencies shall be allocated in the
same way, except that the electorate of a part of the United Kingdom
to which one or more constituencies have already been allocated is to
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equation: plus[times[num[2.0000000000000000,"2"],char[C]],num[1.0000000000000000,"1"]]

where C is the number of constituencies already allocated to that
part.
      (4)
This rule does not apply to the constituencies mentioned in rule 6,
and accordingly the electorate of Scotland shall be treated for the
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purposes of this rule as reduced by the electorate of those
constituencies.
Interpretation
9     (1)
This rule has effect for the purposes of this Schedule.

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies
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      (2)
The “electorate” of the United Kingdom, or of a part of the United
Kingdom or a constituency, is the total number of persons whose
names appear on a register of parliamentary electors in force on the
review date under the Representation of the People Acts in respect of
addresses in the United Kingdom, or in that part or that
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constituency.
      (3)
“Local government boundaries” are—
(a)
in England, the boundaries of counties and London
boroughs,
(b)
in Wales, the boundaries of counties and county boroughs,
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(c)
in Scotland, the boundaries of the areas of councils
constituted under section 2 of the Local Government etc.
(Scotland) Act 1994, and
(d)
in Northern Ireland, the boundaries of wards.
      (4)
“Ordinary council-election day” is—
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(a)
in relation to England and Wales, the ordinary day of election
of councillors for local government areas;
(b)
in relation to Scotland, the day on which the poll is held at
ordinary elections of councillors for local government areas;
(c)
in relation to Northern Ireland, the day of an election for any
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district council (other than an election to fill a casual
vacancy).
      (5)
The “review date”, in relation to a report under section 3(1) of this
Act that a Boundary Commission is required (by section 3(2)) to
submit before a particular date, is two years and ten months before
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that date.
      (6)
“The United Kingdom electoral quota” has the meaning given by
rule 2(3).
      (7)
A reference in rule 6 to an area is to the area as it existed on the
coming into force of Part 2 of the Parliamentary Voting System and
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Constituencies Act 2010.”
(2)
In the Schedule substituted by subsection (1), rule 5(1)(d) does not apply in
relation to a report under section 3(1) of the 1986 Act that a Boundary
Commission is required, by subsection (2) of section 3 of that Act as substituted
by section 8(3) above, to submit before 1 October 2013.
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Boundary Commission proposals: publicity and consultation
(1)
For section 5 of the 1986 Act (notices) there is substituted—
“5
Publicity and consultation
(1)
Where a Boundary Commission have provisionally determined to
make recommendations affecting any constituency, they shall take
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such steps as they see fit to inform people in the constituency—
(a)
of the effect of the proposed recommendations and (except in a
case where they propose to recommend that no alteration be
made in respect of the constituency) that a copy of the
recommendations is open to inspection at a specified place
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within the constituency, and

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies
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(b)
that representations with respect to the proposed
recommendations may be made to the Commission during a
specified period of 12 weeks;

and the Commission shall take into consideration any such
representations duly made.
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(2)
A Boundary Commission may not cause a public inquiry to be held for
the purposes of a report under this Act.
(3)
Where a Boundary Commission revise any proposed
recommendations after publicising them under subsection (1) above—
(a)
that subsection also applies to the revised proposals, but
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(b)
it does not apply to any proposals revised a second time.”
(2)
Section 6 of the 1986 Act (local inquiries) is repealed.
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National Assembly for Wales
(1)
In section 2 of the Government of Wales Act 2006 (Assembly constituencies and
electoral regions), for subsection (1) there is substituted—
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“(1)
The Assembly constituencies are the constituencies specified in the
Parliamentary Constituencies and Assembly Electoral Regions (Wales)
Order 2006 (S.I. 2006/1041) as amended by—
(a)
the Parliamentary Constituencies and Assembly Electoral
Regions (Wales) (Amendment) Order 2008 (S.I. 2008/1791), and
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(b)
any Order in Council under the Parliamentary Constituencies
Act 1986 giving effect (with or without modifications) to a
report falling within section 11(3) or (4) of the Parliamentary
Voting System and Constituencies Act 2010.”
(2)
The following provisions of the Government of Wales Act 2006 are repealed—
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(a)
section 2(5) and (6);
(b)
Schedule 1;
(c)
paragraph 1 of Schedule 11.
(3)
Subsection (5) applies where—
(a)
the Boundary Commission for Wales have informed the Secretary of
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State in accordance with section 5(1) of the 1986 Act of their intention to
consider making a report under section 3(3) of that Act,
(b)
at the time when Part 2 of this Act comes into force the report has not
been delivered to the Secretary of State, and
(c)
the Commission give notice in writing to the Secretary of State that they
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intend to proceed with the report.
(4)
Subsection (5) also applies where, at the time when Part 2 of this Act comes into
force—
(a)
a report by the Boundary Commission for Wales under section 3(3) of
the 1986 Act has been submitted to the Secretary of State, but
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(b)
no Order in Council under that Act has yet been made for giving effect
to it.
(5)
In relation to the report mentioned in subsection (3) or (4)—

Parliamentary Voting System and Constituencies Bill
Part 3 — Miscellaneous and general
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(a)
for the purposes of Part 1 of the Government of Wales Act 2006
(National Assembly for Wales), the 1986 Act has effect without the
amendments made by this Act;
(b)
that Part has effect without the amendments made by subsection (2).
(6)
The 1986 Act, as it applies in accordance with subsection (5)(a) above, has effect
5
as if—
(a)
subsections (1) to (2A) of section 3 were omitted, and
(b)
the following subsection were substituted for subsection (6) of
section 4—
“(6)
The coming into force of any such Order shall not affect the
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operation of section 10 or 11 of the Government of Wales Act
2006, or the constitution of the National Assembly for Wales, at
any time before the next general election to the Assembly.”
(7)
Schedule 1 to the Government of Wales Act 2006, as it applies in accordance
with subsection (5)(b) above, has effect as if—
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(a)
the word “parliamentary” were omitted from paragraph 2(1),
and
(b)
paragraph 10 were omitted.
Part 3
Miscellaneous and general
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Orders
A power under this Act to make an order is exercisable by statutory
instrument.
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Repeals
Schedule 7 (repeals) has effect.
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Financial provisions
(1)
There is to be paid out of money provided by Parliament any increase attributable to
this Act in the sums payable under any other Act out of money so provided.
(2)
There is to be charged on and paid out of the Consolidated Fund any increase
attributable to this Act in the sums to be charged on and paid out of that Fund under
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any other Act.
(3)
There is to be paid into the Consolidated Fund any increase attributable to this Act in
the sums payable into that Fund under any other Act.
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Extent
This Act extends to the whole of the United Kingdom, except that—
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(a)
Part 1 of Schedule 3 extends only to England and Wales and Scotland;
(b)
Part 2 of that Schedule extends only to Northern Ireland;
(c)
an amendment or repeal made by this Act has the same extent as the
provision amended or repealed.