Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
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Power of Electoral Commission to make incidental etc provision
The Commission may by order make incidental, consequential, transitional or
supplemental provision in connection with provision made by order under
section 44 (order for elections by halves or for elections by thirds).
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Position if Electoral Commission act under existing powers
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In a case in which—
(a)
the Commission give the Boundary Committee a direction to conduct
an electoral review (see section 43(2)), and
(b)
in response to that request the Boundary Committee make
recommendations to the Commission for electoral changes,
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nothing in this Chapter requires the Commission to make any provision in
relation to matters dealt with, or to be dealt with, by the Commission in an
order under section 17 of the Local Government Act 1992 (c. 19) giving effect to
those recommendations.
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Publicity for order by Electoral Commission
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(1)
A council must comply with this section as soon as practicable after the
Electoral Commission have made an order under section 44 (order for elections
by halves or for elections by thirds) in relation to it.
(2)
The council must produce an explanatory document.
(3)
The council must make the explanatory document—
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(a)
available for public inspection at the council’s principal office at all
reasonable times, and
(b)
available to the public by such other means as the council thinks
appropriate.
(4)
The council must publicise these matters—
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(a)
that the council has become subject to the new electoral scheme;
(b)
how the explanatory document is available in accordance with
subsection (3);
(c)
the address of the council’s principal office.
(5)
It is for the council to decide how these matters are to be publicised.
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(6)
An explanatory document is a document which sets out details of the new
electoral scheme.
Power of district councils to alter years of ordinary elections of parish councillors
53
Power of council to alter years of ordinary elections of parish councillors
(1)
This section applies if a council passes a resolution under this Chapter.
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(2)
The council may by order make provision that changes the years in which the
ordinary elections of parish councillors for any parish situated in the council’s
area are to be held.

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
27

(3)
The power may only be exercised so as to secure that those elections are to be
held in years in which ordinary elections of district councillors for a ward in
which any part of the parish is situated are to be held.
(4)
The order may include transitional provision—
(a)
for the retirement of existing parish councillors at times different from
5
those otherwise applying;
(b)
for the retirement of some parish councillors after their initial election
after the order comes into force at times different from those otherwise
applying.
Amendment of existing provisions about schemes for ordinary elections
10
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Amendment of existing provisions about schemes for ordinary elections
(1)
In section 7 of the Local Government Act 1972 (c. 70) (elections of councillors)
omit subsections (4) to (6).
(2)
In section 8 of the Local Government Act 1972 (constitution and membership
of London borough councils), omit subsections (2) and (3).
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(3)
In section 86 of the Local Government Act 2000 (c. 22) (power to specify scheme
for elections)—
(a)
before subsection (1) insert—
“(A1)
The Secretary of State may by order make provision to secure
that the scheme for the ordinary elections of councillors of any
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specified council in England is the scheme under the first option
set out in section 85.”;
(b)
in subsection (1) after “specified council” insert “in Wales”.
(4)
If—
(a)
a local authority makes a request under section 7(4) of the Local
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Government Act 1972, and
(b)
immediately before subsection (1)(a) above comes into force in relation
to that authority, the request has not yet been dealt with,

the repeal of section 7(4) to (6) of the 1972 Act does not apply to the request
unless, and until, it is dealt with.
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(5)
For the purposes of subsection (4) a request under section 7(4) of the 1972 Act
is “dealt with” in either of these cases—
(a)
if the Secretary of State notifies the local authority that he has decided
not to make an order under section 7(6) of the 1972 Act in response to
the request;
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(b)
if the Secretary of State makes an order under section 7(6) in response
to the request.
(6)
The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section
86(1) of the Local Government Act 2000 (so far as it relates to England) does not
affect any order made under that provision before its repeal.
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Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 2 — Miscellaneous
28

Chapter 2
Miscellaneous
Requests for single-member electoral areas in England
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Requests for single-member electoral areas
In the Local Government Act 1992 (c. 19), after section 14 insert—
5
“14A
Requests for single-member electoral areas
(1)
A principal council which falls within subsection (3) may request the
Electoral Commission—
(a)
to give the Boundary Committee for England a direction under
section 13(3) relating to the council’s area, and
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(b)
to direct that Committee (under section 13(6)) that their
recommendations under section 13(3) must contain
recommendations as to single-member electoral areas.
(2)
In subsection (1) “recommendations as to single-member electoral
areas” means a recommendation, as respects each electoral area in the
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council’s area, as to whether the electoral area should return one
councillor.
(3)
A principal council falls within this subsection if—
(a)
it is not the case that each of the electoral areas in the council’s
area returns one councillor, and
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(b)
the council is subject to a scheme for whole-council elections.
(4)
A council is “subject to a scheme for whole-council elections” if, in each
year in which ordinary elections of councillors of the council are to be
held, all the councillors are to be elected.
(5)
If the Electoral Commission grant a request under this section—
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(a)
they must notify the Boundary Committee for England of the
request when they give the directions requested, and
(b)
subject to subsection (6), where the Boundary Committee for
England make recommendations under section 13(3) in
response to those directions they must recommend that each
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electoral area in the council’s area should return one councillor.
(6)
Subsection (5)(b) does not require the Boundary Committee for
England to make any recommendation that they consider would be
inappropriate having regard to the matters which they are required by
section 13(5)(a) to (c) to have regard to.
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(7)
If the Electoral Commission decide not to grant a request under this
section they must notify the council that made the request of—
(a)
their decision, and
(b)
the reasons for it.
14B
Provision supplementary to section 14A
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(1)
Nothing in section 14A prevents the Electoral Commission—

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 2 — Miscellaneous
29

(a)
from making a direction under section 13 where there has been
no request under section 14A, or
(b)
if they grant a request under section 14A, from making
directions under section 13(6) in addition to the one requested.
(2)
Nothing in section 14A prevents the Boundary Committee for England,
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when making a recommendation as to whether electoral areas should
return one councillor, from making other recommendations under
section 13(3).
(3)
In section 14A(2) and (5) references to electoral areas are, in relation to
a case where the Boundary Committee for England make
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recommendations for change to the number or boundaries of electoral
areas in the council’s area, to the recommended electoral areas.”
Electoral Commission and Boundary Committee: reviews and recommendations
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Electoral Commission and Boundary Committee: reviews and
recommendations
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(1)
Section 13 of the Local Government Act 1992 (c. 19) (reviews and
recommendations of Electoral Commission and Boundary Committee) is
amended as follows.
(2)
For subsection (5)(d) substitute—
“(d)
in the case of a district council that is subject to a scheme for
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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,
the desirability of securing that each ward in the district returns
an appropriate number of councillors.”
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(3)
After subsection (5) insert—
“(5A)
For the purposes of this section—
(a)
a council is “subject to a scheme for elections by halves” if one
half (or as nearly as may be) of its councillors are to be elected
in each year in which it holds ordinary elections of councillors;
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(b)
a council is “subject to a scheme for elections by thirds” if one
third (or as nearly as may be) of its councillors are to be elected
in each year in which it holds ordinary elections of councillors;
(c)
the number of councillors returned by a ward is
“appropriate”—
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(i)
in the case of a scheme for elections by halves, if it is
divisible by 2, and
(ii)
in the case of a scheme for elections by thirds, if it is
divisible by 3.”
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Procedure in connection with reviews
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(1)
The Local Government Act 1992 is amended as follows.
(2)
In section 13 (electoral reviews and recommendations), after subsection (7)

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 2 — Miscellaneous
30

insert—
“(8)
A local authority must, if requested by the Boundary Committee for
England to do so, provide that Committee, by such date as that
Committee may specify, with any information that that Committee
may reasonably require in connection with any of their functions under
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this section.”
(3)
In section 15 (procedure on a review)—
(a)
in subsection (1)—
(i)
at the end of paragraph (a) insert “and”;
(ii)
omit paragraph (c) and the word “and” immediately preceding
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it;
(b)
omit subsection (2);
(c)
in subsection (3)—
(i)
omit paragraph (a);
(ii)
in paragraph (b) after “prepare” insert “and publish”;
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(iii)
at the end of paragraph (b) insert “and”;
(iv)
omit paragraph (c);
(d)
for subsections (4) and (5) substitute—
“(4)
In conducting a review, the Boundary Committee for England
may at any time before publishing draft recommendations
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consult such persons as they consider appropriate.
(5)
As soon as the Boundary Committee for England are in a
position to submit recommendations to the Electoral
Commission they must—
(a)
submit them; and
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(b)
publish the recommendations and take such steps as
they consider sufficient to secure that persons who may
be interested in the recommendations are informed of
them.”;
(e)
in subsection (6)—
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(i)
for “the report on a review is” substitute “recommendations
are”;
(ii)
for “(4) above” substitute “(5) above”;
(iii)
in paragraph (a), omit the words “a further report under
subsection (4) containing”;
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(iv)
in paragraph (b), for “report relates” substitute
“recommendations relate”;
(f)
after subsection (6) insert—
“(6A)
Where the Boundary Committee for England submit
recommendations under subsection (6)(a), they must publish
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the recommendations and take such steps as they consider
sufficient to secure that persons who may be interested in the
recommendations are informed of them.”;
(g)
omit subsection (8).
(4)
Omit section 15A.
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(5)
In section 17(2) (implementation of recommendations by order), omit the
words “or the submission of a report”.