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Implementation | |
17 Implementation of recommendations | |
(1) This section applies to a region if— | |
(a) a referendum has been held in the region in pursuance of an order | |
under section 1, and | 5 |
(b) the Secretary of State proposes that an elected assembly is established | |
for the region. | |
(2) The Secretary of State may by order give effect to all or any of the | |
recommendations of the Boundary Committee for England made to him in | |
pursuance of a direction under section 13 or 16(4). | 10 |
(3) Such an order may give effect to a recommendation with or without | |
modifications. | |
(4) The following provisions of section 17 of the 1992 Act apply for the purposes | |
of this section as they apply for the purposes of that section— | |
(a) subsection (3), ignoring paragraphs (d), (e), (ea) and (f) and the | 15 |
references to subsection (3A) and the Electoral Commission; | |
(b) subsections (4) and (5); | |
(c) subsection (6), ignoring paragraph (c), | |
and any reference in those provisions to an order under section 17 of the 1992 | |
Act must be construed for the purposes of this section as a reference to an order | 20 |
under this section. | |
(5) If the Secretary of State believes— | |
(a) that there has been a mistake in the preparation of an order under | |
subsection (2), and | |
(b) that the mistake cannot be rectified by a subsequent order under that | 25 |
subsection, | |
he may by order make such provision as he thinks is necessary or expedient to | |
rectify the mistake. | |
(6) The Schedule (which contains amendments consequential on this section) has | |
effect. | 30 |
18 Application of 1992 Act | |
(1) The provisions of the 1992 Act specified in the left hand column of the Table | |
apply for the purposes of this Part as they apply for the purposes of Part 2 of | |
that Act subject to the modifications (if any) specified in the right hand column: | |
| | Section 18 | In subsection (4) for “Electoral Commission” | | 35 | | | | substitute “Boundary Committee for England”. | | | | | Sections 19 and 20 | | | | | | Section 21 | In subsection (1) for “Electoral Commission” | | | | | | substitute “Boundary Committee for England”. | | | | | Sections 22 and 23 | | | 40 |
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| | Section 26 | So far as it relates to anything done under a | | | | | | provision specified in this Table for the purposes | | | | | | of this Part. | | |
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(2) In the application of those provisions for the purposes of this Part any reference | |
to— | 5 |
(a) an order under section 17 of the 1992 Act must be construed as a | |
reference to an order under section 17 of this Act; | |
(b) an order under Part 2 of the 1992 Act must be construed as a reference | |
to an order under that Part as applied by subsection (1). | |
(3) Expressions used in this Part and in Part 2 of the 1992 Act have the same | 10 |
meaning in this Part as they do in that Part, but references to a local authority | |
do not include references to a parish council. | |
(4) In this Part the 1992 Act is the Local Government Act 1992 (c. 19). | |
Electoral Commission | |
19 Payments to Electoral Commission | 15 |
(1) The Secretary of State may pay to the Electoral Commission such amount as he | |
decides is the amount required by them to enable the Boundary Committee for | |
England to carry out their functions under this Part. | |
(2) A payment under subsection (1) must be treated as income received by the | |
Commission for the purposes of paragraph 14(1) of Schedule 1 to the Political | 20 |
Parties, Elections and Referendums Act 2000 (c. 41). | |
Isles of Scilly | |
20 Isles of Scilly | |
(1) For the purposes of section 13 the Council of the Isles of Scilly are not a relevant | |
local authority. | 25 |
(2) But the Secretary of State may by regulations make such provision as he thinks | |
appropriate in relation to the Isles of Scilly in consequence of anything done | |
under or by virtue of this Part. | |
Part 3 | |
Advice of Electoral Commission | 30 |
21 Advice of the Electoral Commission | |
(1) This section applies in relation to a region if— | |
(a) a referendum has been held in the region in pursuance of an order | |
under section 1, and | |
(b) the Secretary of State proposes that an elected assembly is established | 35 |
for the region. | |
(2) Not later than the end of the period of two years beginning with the day on | |
which the referendum was held the Secretary of State must give the Electoral | |
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Commission a direction in respect of a region in relation to which this section | |
applies. | |
(3) A direction under subsection (2) must require the Electoral Commission to give | |
the Secretary of State advice as to such of the following matters as the Secretary | |
of State thinks appropriate— | 5 |
(a) the electoral areas into which the region is to be divided for the | |
purposes of the election of members to any assembly established | |
following the referendum; | |
(b) the number of electoral areas; | |
(c) the name by which each electoral area is to be known; | 10 |
(d) the total number of members to be elected to the assembly. | |
(4) For the purposes of subsection (3) the direction— | |
(a) may specify maximum and minimum numbers or total numbers (as the | |
case may be); | |
(b) may require the advice to be given in respect of a specified number of | 15 |
options. | |
(5) A direction given under this section may be varied (whether or not within the | |
period of two years mentioned in subsection (2)) by a subsequent direction. | |
22 Preparation and submission of advice | |
(1) A direction given to the Electoral Commission under section 21 must specify | 20 |
the timetable in accordance with which any thing must be done in connection | |
with the advice. | |
(2) As soon as is reasonably practicable after receiving a direction the Electoral | |
Commission must take such steps as they think sufficient to secure that | |
persons who may be interested in the subject matter of the advice are informed | 25 |
of— | |
(a) the direction; | |
(b) the period specified in the timetable within which representations as to | |
the subject matter must be made to them. | |
(3) Before submitting their advice the Commission must— | 30 |
(a) take account of any representations made to them as mentioned in | |
subsection (2)(b); | |
(b) prepare draft advice; | |
(c) take such steps as they think sufficient to secure that persons who may | |
be interested in the advice are informed of the draft and of the period | 35 |
specified in the timetable within which representations as to the draft | |
advice must be made to them; | |
(d) deposit copies of the draft advice at the principal offices of every county | |
council and district council in the region; | |
(e) take account of representations made to them as mentioned in | 40 |
paragraph (c). | |
(4) Not later than the date specified in the timetable for the submission of their | |
advice the Commission must— | |
(a) submit their advice to the Secretary of State; | |
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(b) take such steps as they think sufficient to secure that persons who may | |
be interested in the advice are informed of it and of the period specified | |
in the timetable within which it may be inspected; | |
(c) deposit copies of the advice at the principal offices of every county | |
council and district council in the region. | 5 |
(5) The copies deposited under subsections (3)(d) and (4)(c) must be kept available | |
for inspection by members of the public at the offices concerned in accordance | |
with the timetable. | |
(6) If the region to which the advice relates includes the Isles of Scilly the copies | |
must also be deposited under subsections (3)(d) and (4)(c) at the principal | 10 |
office of the Council of the Isles of Scilly, and subsection (5) applies | |
accordingly. | |
23 Electoral Commission exercise of functions | |
In carrying out their functions under this Part the Electoral Commission must | |
have regard (in particular) to— | 15 |
(a) the need to reflect the identities and interests of local communities; | |
(b) the need to secure that the number of electors for an electoral area for | |
an assembly is as near as is reasonably practicable to the number of | |
electors for the other electoral areas (taking account, where | |
appropriate, of special geographical considerations); | 20 |
(c) guidance given by the Secretary of State. | |
24 Payments to Electoral Commission | |
(1) The Secretary of State may pay to the Electoral Commission such amount as he | |
decides is the amount required by them to carry out their functions under this | |
Part. | 25 |
(2) A payment under subsection (1) must be treated as income received by the | |
Commission for the purposes of paragraph 14(1) of Schedule 1 to the Political | |
Parties, Elections and Referendums Act 2000 (c. 41). | |
Part 4 | |
Funding for regional chambers | 30 |
25 Funding for regional chambers | |
(1) The Secretary of State may make a grant to any person in respect of | |
expenditure incurred in connection with the activities of a regional chamber. | |
(2) The grant may be made on such terms as the Secretary of State thinks | |
appropriate. | 35 |
(3) The terms may include provision as to— | |
(a) the circumstances in which the grant is to be repaid to the Secretary of | |
State, and | |
(b) the manner in which that is to be done. | |
(4) A regional chamber is a body designated as such for the regional development | 40 |
agency of a region under section 8 of the Regional Development Agencies Act | |
1998 (c. 45). | |
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Part 5 | |
General | |
26 Enactment establishing assemblies immaterial | |
For the purposes of this Act it is immaterial whether any enactment confers | |
power on the Secretary of State to establish elected assemblies for regions. | 5 |
27 Commencement | |
(1) The preceding provisions of this Act come into force at the end of the period of | |
two months beginning with the day on which it is passed. | |
(2) Subsection (1) does not apply to— | |
(a) Part 2; | 10 |
(b) Part 4. | |
28 Regions | |
In this Act a region is a region (except London) specified in Schedule 1 to the | |
Regional Development Agencies Act 1998 (c. 45). | |
29 Orders and regulations | 15 |
(1) A power in this Act to make an order or regulations must be exercised by | |
statutory instrument. | |
(2) But a statutory instrument must not be made unless a draft of the order or | |
regulations (as the case may be) has been laid before Parliament and approved | |
by a resolution of each House. | 20 |
(3) An order or regulations— | |
(a) may contain such consequential, incidental, supplementary or | |
transitional provision or savings (including provision amending, | |
repealing or revoking enactments) as the person making the order or | |
regulations thinks appropriate; | 25 |
(b) may make different provision for different purposes. | |
(4) If a draft of an instrument to which subsection (5) applies would apart from | |
this section be treated for the purposes of the Standing Orders of either House | |
of Parliament as a hybrid instrument it must proceed in that House as if it were | |
not such an instrument. | 30 |
(5) This subsection applies to an instrument made under— | |
(a) Part 1 of this Act; | |
(b) section 17 of this Act; | |
(c) section 129(1) of the Political Parties, Elections and Referendums Act | |
2000 (c. 41) to the extent that it is made for the purpose of a referendum | 35 |
held in pursuance of an order under section 1 of this Act. | |
30 Expenditure | |
(1) The following amounts are to be paid out of money provided by Parliament— | |
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(a) any expenditure of a Minister of the Crown in connection with a | |
referendum held in pursuance of an order under Part 1; | |
(b) any expenditure of the Secretary of State under sections 19, 24 and 25; | |
(c) any expenditure of the Secretary of State in preparation for elected | |
regional assemblies; | 5 |
(d) any expenditure of the Secretary of State in connection with the transfer | |
of any function to such an assembly; | |
(e) any increase attributable to this Act in the sums so payable under any | |
other enactment. | |
(2) There are to be charged on and paid out of the Consolidated Fund any sums | 10 |
required to meet the expenditure of the Electoral Commission under section 10. | |
31 Short title | |
This Act may be cited as the Regional Assemblies (Preparations) Act 2003. | |
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