Scottish Parliamentary Constituencies Bill [H.L.]
This is the Scottish Parliamentary Constituencies Bill [H.L.], as introduced in the House of Lords on 17 February 1999.
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Scottish Parliamentary Constituencies Bill [H.L.]
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A
B I L L
TO
Make new provision in respect of representation in the Scottish Parliament and in relation to the Boundary Commission for Scotland; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
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| Separate Boundary Commission reports on Scottish Parliament constituencies. |
1. - (1) The Boundary Commission for Scotland shall keep under review representation of Scotland in the Scottish Parliament and shall report separately on that subject to the Secretary of State and to the Scottish Parliament.
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(2) Accordingly, the Parliamentary Constituencies Act 1986 ("the 1986 Act") is amended as follows.
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(3) In section 3 (reports of the Commissions)-
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(a) after subsection (2), there is inserted- |
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"(2A) In addition to its duties under subsections (1) and (2), the Boundary Commission for Scotland shall keep under review the representation of Scotland in the Scottish Parliament and shall, in accordance with subsection (2B) below, submit to the Secretary of State reports with respect to the whole of Scotland, either-
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(a) showing the constituencies into which they recommend that it should be divided in order to give effect to the rules set out in paragraphs 1 to 6 of Schedule 2 to this Act (read with paragraph 7 of that Schedule) as those rules affect representation in the Scottish Parliament, or |
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(b) stating that, in the opinion of the Commission, no alteration is required to be made in respect of Scotland in order to give effect to the said rules (read with paragraph 7) as those rules affect representation in the Scottish Parliament. |
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(2B) Reports under subsection (2A) above shall be submitted by the Boundary Commission for Scotland not less than eight or more than ten years from the date of the submission of their last report under that subsection.";
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(b) after subsection (3) there is inserted- |
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"(3A) The Boundary Commission for Scotland may also from time to time submit to the Secretary of State reports with respect to the area comprised in any particular constituency or constituencies in Scotland for the purpose of elections to the Scottish Parliament, showing the constituencies into which they recommend that that area should be divided in order to give effect to the rules set out in paragraphs 1 to 6 of Schedule 2 to this Act (read with paragraph 7 of that Schedule) as those rules affect representation in the Scottish Parliament."; and
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(c) in subsection (5), after "Parliament" there is inserted "(and, in the case of a report by the Boundary Commission for Scotland on representation in the Scottish Parliament, before the Scottish Parliament)". |
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(4) In section 4 (Orders in Council)-
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(a) in subsections (1) to (3) and (7), after "Parliament", in each place where it occurs, there is inserted "(and, as the case may be, the Scottish Parliament)"; |
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(b) in subsection (4) after "draft", in the first place where it occurs, there is inserted "(save for a draft of the sort to which subsection (4A) applies)"; |
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(c) after that subsection, there is inserted- |
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"(4A) In the case of a draft Order in Council for giving effect, whether with or without modifications, to the recommendations contained in a report of the Boundary Commission for Scotland on representation in the Scottish Parliament, if a motion for the approval of such a draft is-
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(a) rejected by either House of Parliament or withdrawn by leave of the House; or |
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(b) rejected or otherwise not agreed to by the Scottish Parliament, |
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the Secretary of State may amend the draft and lay the amended draft before Parliament and the Scottish Parliament, and if the draft as so amended is approved by resolution of each House of Parliament and of the Scottish Parliament, the Secretary of State shall submit it to Her Majesty in Council."; and
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(i) after "election" there is inserted "(including an election to the Scottish Parliament)";
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(ii) after "Parliament", in the first place where it occurs, there is inserted "or Scottish Parliament"; and
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(iii) at the end there is inserted "or the constitution of the Scottish Parliament until the dissolution of the Scottish Parliament then in being".
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| Boundary Commission rules for representation in the Scottish Parliament. |
2. - (1) Section 86 of the Scotland Act 1998 (Scottish representation at Westminster) is amended as follows.
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(2) For subsection (2) there is substituted-
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"(2) In rule 1(2) (Scotland to have at least 71 constituencies), after "Scotland" there is inserted "for the purpose of elections to the Scottish Parliament but not to the House of Commons".".
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(3) In subsection (4), after "Boundary Commission for Scotland" there is inserted "on representation in the House of Commons".
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(4) Schedule 1 to that Act (constituencies, regions and regional members) is amended as follows.
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(5) In paragraph 2(4), for "Sub-paragraphs (2) and (3) are" there is substituted "Sub-paragraph (2) is".
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(6) In paragraph 3-
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(a) in sub-paragraph (1), for "any parliamentary constituencies", there is substituted "the constituencies for the purpose of elections to the Parliament"; |
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(b) sub-paragraph (2)(b) and the word "or" immediately preceding it are omitted; and |
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(c) sub-paragraph (4)(b) and the word "and" immediately preceding it are omitted. |
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(7) In paragraph 4-
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(a) sub-paragraph (1) is omitted; and |
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(b) in sub-paragraph (2), for "such an Order" there is substituted "an Order in Council under section 4 of the 1986 Act". |
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(8) In paragraph 7, rules 3 and 4 are omitted.
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| Composition of the Boundary Commission for Scotland. |
3. - (1) Schedule 1 to the 1986 Act (the Boundary Commissions) is amended as follows.
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(2) In paragraph 2, for "Each of the four Commissions shall consist" there is substituted "The Commissions for England, Wales and Northern Ireland shall each consist".
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(3) After that paragraph, there is inserted-
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" 2A. The Commission for Scotland shall consist of the chairman, a deputy chairman and two other members, one appointed by the Secretary of State and one by the Presiding Officer of the Scottish Parliament."
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(4) In paragraph 6-
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(a) after sub-paragraph (1) there is inserted- |
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"(1A) The Presiding Officer of the Scottish Parliament may, at the request of the Boundary Commission for Scotland, appoint one or more assistant Commissioners to inquire into, and report to the Commission upon, such matters relating to the Commission's responsibilities in respect of representation in the Scottish Parliament as the Commission think fit."; and
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(b) in sub-paragraph (2), after "Secretary of State" there is inserted "(or, as the case may be, by the Presiding Officer)". |
| Repeals. |
4. The enactments mentioned in the Schedule are repealed to the extent specified in the third column.
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| Short title [and commencement]. |
5. - (1) This Act may be cited as the Scottish Parliamentary Constituencies Act 1999.
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(2) This Act shall come into force on the day following the day appointed by order under section 2(1) of the Scotland Act 1998 for the poll at the first general election for membership of the Scottish Parliament.
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S C H E D U L E |
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REPEALS |
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| Chapter | Short title | Extent of repeal |
1998 c. 46. |
Scotland Act 1998. |
In Schedule 1-
in paragraph 3, sub-paragraph (2)(b) and the word "or" immediately preceding it and sub-paragraph (4)(b) and the word "and" immediately preceding it;
in paragraph 4, sub-paragraph (1);
in paragraph 7, rules 3 and 4. |
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