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Government of Wales Bill


93

Government of Wales Bill
Schedule 1 — Alteration of Assembly electoral regions

 

Schedules

Schedule 1

Section 2

 

Alteration of Assembly electoral regions

Introduction

1     (1)  

This Schedule makes provision for alterations—

5

(a)   

in the Assembly electoral regions, and

(b)   

in the allocation of seats to the Assembly electoral regions.

      (2)  

It applies in relation to cases where—

(a)   

the Electoral Commission (“the Commission”) intend to consider

making a report under section 3 of the Parliamentary Constituencies

10

Act 1986 (c. 56) (“the 1986 Act”) with respect to Wales or any area

comprised in Wales, and

(b)   

accordingly, the Boundary Committee for Wales (“the Committee”)

are required to submit a report to the Commission under section

3A(2) of the 1986 Act containing the recommendations which the

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Committee propose should be included in the Commission’s report.

      (3)  

In this paragraph “the Boundary Committee for Wales” means the

Committee of that name established by the Commission under section 14 of

the Political Parties, Elections and Referendums Act 2000 (c. 41).

Assembly electoral region issue

20

2     (1)  

This paragraph applies if the Committee provisionally determine proposed

recommendations which—

(a)   

they are minded to include in a report under section 3A(2) of the 1986

Act, and

(b)   

would involve any alterations in any parliamentary constituencies in

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Wales.

      (2)  

The Committee must consider the issue of whether, to give effect to the rules

in paragraph 9, any alteration is required—

(a)   

in the Assembly electoral regions, or

(b)   

in the allocation of seats to the Assembly electoral regions.

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      (3)  

In this Schedule that issue is referred to as “the Assembly electoral region

issue”.

Notice of Committee’s proposed recommendations

3     (1)  

If, having considered the Assembly electoral region issue, the Committee

have provisionally determined to propose recommendations affecting any

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Schedule 1 — Alteration of Assembly electoral regions

94

 

Assembly electoral region, they must publish a notice in at least one

newspaper circulating in that region.

      (2)  

The notice must state—

(a)   

the effect of the proposed recommendations,

(b)   

(except where the effect of the recommendations is that no alteration

5

affecting the Assembly electoral region be made) that a copy of the

recommendations is open to inspection at one or more specified

places within each Assembly constituency included in the Assembly

electoral region, and

(c)   

that representations with respect to the recommendations may be

10

made to the Committee within one month after the publication of the

notice.

      (3)  

The Committee must take into consideration any representations duly made

in accordance with the notice.

      (4)  

If the Committee revise any proposed recommendations after publishing a

15

notice of them under sub-paragraph (1), they must comply again with sub-

paragraphs (1) to (3) in relation to the revised proposed recommendations as

if no earlier notice had been published.

      (5)  

The Committee need not comply with sub-paragraph (1) or (4) if—

(a)   

the proposed recommendations (or the revised proposed

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recommendations) are only for an alteration in the number of seats

for the Assembly electoral region, and

(b)   

the proposed (or revised proposed) total number of seats for the

Assembly electoral regions is exactly divisible by five.

      (6)  

If the Committee’s proposed (or revised proposed) total number of seats for

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the Assembly electoral regions is not exactly divisible by five, a

recommendation for an alteration in the number of seats for any Assembly

electoral region is (for the purposes of this paragraph and paragraph 4) a

recommendation which also affects all the other Assembly electoral regions.

Local inquiries

30

4     (1)  

For the purposes of this Schedule the Committee may, if they think fit, cause

a local inquiry to be held in respect of any Assembly electoral region or

regions.

      (2)  

Sub-paragraph (3) applies if, having published a notice under paragraph

3(1) of a proposed recommendation for an alteration affecting any Assembly

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electoral regions, the Committee receive any representations objecting to the

proposed recommendation from—

(a)   

an interested local authority, or

(b)   

a body of electors numbering 500 or more.

      (3)  

The Committee may not proceed with the proposed recommendation

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unless, since the publication of the notice, a local inquiry has been held in

respect of the Assembly electoral regions.

      (4)  

But sub-paragraph (3) does not apply if—

(a)   

a local inquiry was held in respect of the Assembly electoral regions

before the publication of the notice, and

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Government of Wales Bill
Schedule 1 — Alteration of Assembly electoral regions

95

 

(b)   

the Committee think that a further local inquiry would not be

justified, having regard to the matters discussed at the previous local

inquiry, the nature of the representations received on the publication

of the notice and any other relevant circumstances.

      (5)  

The Committee must take into consideration the findings of any local

5

inquiry held under this paragraph.

      (6)  

Section 250(2) and (3) of the Local Government Act 1972 (c. 70) (witnesses at

local inquiries) applies in relation to a local inquiry which the Committee

cause to be held under this paragraph.

      (7)  

In this paragraph—

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“interested local authority” means the council of a county or county

borough whose area is wholly or partly included in the Assembly

electoral regions affected by the proposed recommendation, and

“elector” means a person who, at the time when the representations are

made, is registered in the register of local government electors at an

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address within any of the Assembly constituencies included in any

of those Assembly electoral regions.

Committee’s report

5     (1)  

The Committee’s report under section 3A(2) of the 1986 Act must contain the

recommendations which, in the light of—

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(a)   

their consideration of the Assembly electoral region issue,

(b)   

any representations duly made with respect to the recommendations

in accordance with any notice published under paragraph 3, and

(c)   

the findings of any inquiry held under paragraph 4 in respect of the

Assembly electoral regions affected by the recommendations,

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they propose should be included in the Commission’s section 3 report in

pursuance of paragraph 8.

      (2)  

In sub-paragraph (1) “the Commission’s section 3 report” means the report

of the Commission under section 3 of the 1986 Act for the purposes of which

the Committee’s proposed recommendations are made.

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Consideration of Committee’s report by Commission

6     (1)  

Section 3A(3) of the 1986 Act (powers of the Commission in relation to the

Committee’s proposed recommendations) applies (with any necessary

modifications) in relation to the Committee’s proposed recommendations

under paragraph 5(1) as it applies in relation to any proposed

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recommendations of the Committee under section 3A(2) of the 1986 Act.

      (2)  

Sub-paragraphs (3) and (4) apply if the Commission are minded to exercise

any of the powers conferred by section 3A(3)(b) and (c) of the 1986 Act in

relation to the Committee’s proposed recommendations under paragraph

5(1).

40

      (3)  

The Commission must have regard to—

(a)   

any representations duly made with respect to the recommendations

in accordance with any notice published under paragraph 3, or

(b)   

(where they are minded to exercise any of the powers mentioned in

sub-paragraph (2) in relation to part only of an Assembly electoral

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Government of Wales Bill
Schedule 1 — Alteration of Assembly electoral regions

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region) any representations so made with respect to the

recommendations so far as relating to that part of the region.

      (4)  

The Commission must have regard to—

(a)   

the findings of any inquiry held under paragraph 4 in respect of the

Assembly electoral regions affected by the recommendations, or

5

(b)   

(where, in the case of an Assembly electoral region in respect of

which any such inquiry was held, they are minded to exercise any of

the powers mentioned in sub-paragraph (2) in relation to part only

of the region) the findings of the inquiry so far as relating to that part

of the region.

10

      (5)  

If the Committee’s proposed recommendations under paragraph 5(1) are

modified by the Commission under section 3A(3)(b) of the 1986 Act, the

Committee must publish in at least one newspaper circulating in the

Assembly electoral region affected by the recommendations a notice stating

their effect as so modified.

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Directions by Commission to Committee

7          

In section 3A(4) of the 1986 Act (directions by the Commission to the

Committee)—

(a)   

the first reference to that Act includes a reference to this Schedule,

and

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(b)   

the reference to the rules mentioned in that subsection includes a

reference to the rules in paragraph 9.

Commission’s report

8     (1)  

This paragraph applies if the Commission submit to the Secretary of State—

(a)   

a report under subsection (1) of section 3 of the 1986 Act

25

recommending alterations in parliamentary constituencies in Wales,

or

(b)   

a report under subsection (3) of that section relating to any

constituency or constituencies in Wales.

      (2)  

The report must show any alteration—

30

(a)   

in the Assembly electoral regions, or

(b)   

in the allocation of seats to the Assembly electoral regions,

           

which the Commission recommend in order to give effect to the rules set out

in paragraph 9.

      (3)  

If in the opinion of the Commission no alteration is required for that

35

purpose, they must state that in the report.

      (4)  

If the report recommends any alteration in any Assembly electoral regions,

it must state the name (in English and in Welsh) by which the Commission

recommend that the Assembly electoral regions (as proposed to be altered)

should be known.

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      (5)  

The Commission must lay a copy of the report before the Assembly.

 

 

Government of Wales Bill
Schedule 1 — Alteration of Assembly electoral regions

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Rules

9     (1)  

The rules are—

1          

Each Assembly constituency must be wholly included in one

Assembly electoral region.

2          

The regional electorate for an Assembly electoral region must be

5

as near the regional electorate for each other Assembly electoral

region as is reasonably practicable, having regard (where

appropriate) to special geographical considerations.

3          

The total number of seats for the Assembly electoral regions must

be—

10

(a)   

one half of the total number of the Assembly

constituencies, or

(b)   

(if that total number is not exactly divisible by two) one

half of the number produced by adding one to that total

number.

15

4          

The number of seats for an Assembly electoral region must be—

(a)   

one fifth of the total number of seats for the Assembly

electoral regions, or

(b)   

(if that total number is not exactly divisible by five) either

one fifth of the highest number which is less than that total

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number and exactly divisible by five, or the number

produced by adding one to one fifth of that highest

number, as provided by sub-paragraphs (2) to (6).

      (2)  

If the total number of seats for the Assembly electoral regions is not exactly

divisible by five, there is to be calculated the difference between—

25

(a)   

the total number of seats for the Assembly electoral regions, and

(b)   

the highest number which is less than that total number and exactly

divisible by five.

      (3)  

That difference is the number of residual seats.

      (4)  

No more than one residual seat may be allocated to an Assembly electoral

30

region.

      (5)  

The regional electorate for each Assembly electoral region is to be divided

by the aggregate of—

(a)   

the number of Assembly constituencies in the Assembly electoral

region, and

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(b)   

one fifth of the highest number which is less than the total number of

seats for the Assembly electoral regions and exactly divisible by five.

      (6)  

In allocating the residual seat or seats to an Assembly electoral region or

regions, regard must be had to the desirability of allocating the residual seat

or seats to the Assembly electoral region or regions for which the calculation

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in sub-paragraph (5) produces the highest number or numbers.

Orders in Council giving effect to Commission reports

10    (1)  

An Order in Council under the 1986 Act for giving effect to the

recommendations contained in a report of the Commission may specify

different dates for its coming into force—

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Government of Wales Bill
Schedule 2 — Assembly Commission

98

 

(a)   

for the purposes of elections to the House of Commons, and

(b)   

for the purposes of the return of Assembly members.

      (2)  

The coming into force of an Order in Council under the 1986 Act does not

affect the operation of section 10 or 11, or the constitution of the Assembly,

at any time before the next general election.

5

Interpretation: the regional electorate

11    (1)  

For the purposes of any report of the Commission, the regional electorate for

an Assembly electoral region is the number of persons who, on the

enumeration date, are registered in the register of local government electors

at addresses within any of the Assembly constituencies included in the

10

Assembly electoral region.

      (2)  

In sub-paragraph (1) “the enumeration date” means the date on which notice

that the Commission intended to consider making the report was published

in accordance with section 5(1) of the 1986 Act.

      (3)  

Sub-paragraphs (1) and (2) also apply for construing references to the

15

regional electorate for an Assembly electoral region in relation to any report

of the Committee made for the purposes of any such report of the

Commission.

Interpretation: general

12         

In this Schedule—

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“the 1986 Act” has the meaning given by paragraph 1(2)(a),

“the Assembly electoral region issue” has the meaning given by

paragraph 2(3),

“the Commission” has the meaning given by paragraph 1(2)(a),

“the Committee” has the meaning given by paragraph 1(2)(b), and

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“recommendations” includes (unless the context otherwise requires) a

recommendation that no alteration is required.

Schedule 2

Section 27

 

Assembly Commission

Membership

30

1     (1)  

The Presiding Officer holds office as a member of the Assembly Commission

until another person is elected to the office of Presiding Officer unless the

Presiding Officer ceases to be an Assembly member otherwise than by

reason of a dissolution.

      (2)  

Any other member of the Assembly Commission holds office until another

35

Assembly member is appointed as a replacement unless sub-paragraph (3)

applies.

      (3)  

This sub-paragraph applies if the person—

(a)   

resigns office as a member of the Assembly Commission,

 

 

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(b)   

ceases to be an Assembly member otherwise than by reason of a

dissolution, or

(c)   

is removed from office as a member of the Assembly Commission by

the Assembly.

Property

5

2          

The Assembly Commission may acquire, hold and dispose of property.

Staff

3     (1)  

The Assembly Commission may appoint staff.

      (2)  

The Clerk and the other persons appointed by the Assembly Commission

are referred to in this Act as the members of the staff of the Assembly.

10

      (3)  

Employment as a member of the staff of the Assembly is not employment

under the Crown (but see paragraph 12).

      (4)  

The Assembly Commission must ensure that—

(a)   

the procedures for the recruitment and selection of persons as

members of the staff of the Assembly are broadly in line with those

15

applying to the recruitment and selection of persons as members of

the staff of the Welsh Assembly Government, and

(b)   

the terms and conditions of employment of the members of the staff

of the Assembly are broadly in line with those of the members of the

staff of the Welsh Assembly Government.

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      (5)  

The Assembly Commission is to pay the salaries and expenses of the

members of the staff of the Assembly.

      (6)  

The Assembly Commission may make arrangements for the payment of

pensions, gratuities or allowances to or in respect of anyone who has ceased

to be a member of the staff of the Assembly.

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      (7)  

The Assembly Commission may, in particular, make contributions to, or

payments towards the provision of, such pensions, gratuities or allowances.

      (8)  

In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to

which section 1 of the Act applies), in the appropriate place in the list of

“Other Bodies” insert—

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“Employment as a member of the staff of the National

Assembly for Wales.”

      (9)  

The Assembly Commission must make payments to the Minister for the

Civil Service, at such times as the Minister for the Civil Service may

determine, of such amounts as may be so determined in respect of —

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(a)   

the provision of pensions, allowances or gratuities by virtue of

section 1 of the Superannuation Act 1972 to or in respect of persons

who are or have been members of the staff of the Assembly, and

(b)   

the expenses incurred in administering those pensions, allowances

and gratuities.

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