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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

27

 

(5)   

It is for the council to decide how these matters are to be publicised.

(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

5

(1)   

This section applies if a council passes a resolution under this Chapter.

(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.

(3)   

The power may only be exercised so as to secure that those elections are to be

10

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

those otherwise applying;

15

(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

54      

Amendment of existing provisions about schemes for ordinary elections

20

(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).

(3)   

In section 86 of the Local Government Act 2000 (c. 22) (power to specify scheme

25

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

specified council in England is the scheme under the first option

30

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

Government Act 1972, and

35

(b)   

immediately before subsection (1) 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.

(5)   

For the purposes of subsection (4) a request under section 7(4) of the 1972 Act

40

is “dealt with” in either of these cases—

 
 

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

28

 

(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;

(b)   

if the Secretary of State makes an order under section 7(6) in response

to the request.

5

(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.

Chapter 2

Miscellaneous

10

Requests for single-member electoral areas in England

55      

Requests for single-member electoral areas

In the Local Government Act 1992 (c. 19), after section 14 insert—

“14A    

Requests for single-member electoral areas

(1)   

A principal council which falls within subsection (3) may request the

15

Electoral Commission—

(a)   

to give the Boundary Committee for England a direction under

section 13(3) relating to the council’s area, and

(b)   

to direct that Committee (under section 13(6)) that their

recommendations under section 13(3) must contain

20

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

council’s area, as to whether the electoral area should return one

councillor.

25

(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

(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

30

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—

(a)   

they must notify the Boundary Committee for England of the

request when they give the directions requested, and

35

(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

electoral area in the council’s area should return one councillor.

(6)   

Subsection (5)(b) does not require the Boundary Committee for

40

England to make any recommendation that they consider would be

 
 

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

29

 

inappropriate having regard to the matters which they are required by

section 13(5)(a) to (c) to have regard to.

(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

5

(b)   

the reasons for it.

14B     

Provision supplementary to section 14A

(1)   

Nothing in section 14A prevents the Electoral Commission—

(a)   

from making a direction under section 13 where there has been

no request under section 14A, or

10

(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,

when making a recommendation as to whether electoral areas should

return one councillor, from making other recommendations under

15

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

recommendations for change to the number or boundaries of electoral

areas in the council’s area, to the recommended electoral areas.”

20

Electoral Commission and Boundary Committee: reviews and recommendations

56      

Electoral Commission and Boundary Committee: reviews and

recommendations

(1)   

Section 13 of the Local Government Act 1992 (c. 19) (reviews and

recommendations of Electoral Commission and Boundary Committee) is

25

amended as follows.

(2)   

For subsection (5)(d) substitute—

“(d)   

in the case of a district council that is subject to a scheme for

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

30

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.”

(3)   

After subsection (5) insert—

“(5A)   

For the purposes of this section—

35

(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;

(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

40

in each year in which it holds ordinary elections of councillors;

(c)   

the number of councillors returned by a ward is

“appropriate”—

(i)   

in the case of a scheme for elections by halves, if it is

divisible by 2, and

45

 
 

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

30

 

(ii)   

in the case of a scheme for elections by thirds, if it is

divisible by 3.”

57      

Procedure in connection with reviews

(1)   

The Local Government Act 1992 (c. 19) is amended as follows.

(2)   

In section 13 (electoral reviews and recommendations), after subsection (7)

5

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

10

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

15

it;

(b)   

omit subsection (2);

(c)   

in subsection (3)—

(i)   

omit paragraph (a);

(ii)   

in paragraph (b) after “prepare” insert “and publish”;

20

(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

25

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

30

(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)—

35

(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”;

40

(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

45

the recommendations and take such steps as they consider

 
 

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

31

 

sufficient to secure that persons who may be interested in the

recommendations are informed of them.”;

(g)   

omit subsection (8).

(4)   

Omit section 15A.

(5)   

In section 17(2) (implementation of recommendations by order), omit the

5

words “or the submission of a report”.

Electoral areas in England

58      

Metropolitan districts: councillors per ward

(1)   

Section 6 of the Local Government Act 1972 (c. 70) (term of office and

retirement of councillors) is amended as follows.

10

(2)   

For subsection (2)(b) substitute—

“(b)   

every metropolitan district shall be divided into wards, each

returning such number of councillors as may be provided as

mentioned in subsection (3) below;”.

(3)   

For subsection (3) substitute—

15

“(3)   

The number of councillors referred to in subsection (2)(b) or (c) above

may be provided—

(a)   

under or by virtue of the provisions of section 7 below;

(b)   

by an order under Part 2 of the Local Government Act 1992

(c. 19);

20

(c)   

by an order under section 14 of the Local Government and

Rating Act 1997 (c. 29);

(d)   

by an order under Part 1 of the Local Government and Public

Involvement in Health Act 2007.”

59      

Change of name of electoral area

25

(1)   

A local authority may, by resolution, change the name of any of the authority’s

electoral areas.

(2)   

A local authority must comply with subsections (3) to (5) in passing a

resolution to change the name of an electoral area.

(3)   

The local authority must not pass the resolution unless it has taken reasonable

30

steps to consult such persons as it considers appropriate on the proposed

name.

(4)   

The resolution must be passed—

(a)   

at a meeting which is specially convened for the purpose of deciding

the resolution with notice of the object, and

35

(b)   

by a majority of at least two thirds of the members voting on it.

(5)   

If the name of the electoral area is protected, the resolution may not be passed

unless the Electoral Commission has first agreed to the proposed change.

(6)   

As soon as practicable after a resolution is passed, the local authority must give

notice of the change of name to all of the following—

40

(a)   

the Electoral Commission;

 
 

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

32

 

(b)   

the Boundary Commission for England;

(c)   

the Office of National Statistics;

(d)   

the Director General of the Ordnance Survey;

(e)   

if the local authority is a county council, the district council (if any)

within whose area the electoral area lies;

5

(f)   

if the local authority is a district council, the county council (if any)

within whose area the electoral area lies.

(7)   

The change of name does not take effect until the Electoral Commission have

been given notice of the change.

(8)   

For the purposes of this section the name of an electoral area is “protected” if—

10

(a)   

the name was given to the electoral area by or in pursuance of an order

under section 17 of the Local Government Act 1992 (c. 19) or section 14

of the Local Government and Rating Act 1997 (c. 29), and

(b)   

that order was made during the period of five years ending with the

day on which a resolution to change the name is to be passed.

15

(9)   

In subsection (4) the reference to the members of the council includes—

(a)   

in a case where the council are operating a mayor and cabinet

executive, the elected mayor of the council;

(b)   

in a case where the council are operating an elected executive, the

members of the elected executive of the council.

20

(10)   

In this section—

“electoral area”, in relation to a local authority, means any area for which

councillors are elected to the authority;

“local authority” means—

(a)   

a county council in England;

25

(b)   

a district council in England; or

(c)   

a London borough council.

Election dates

60      

Power to change date of local elections to date of European Parliamentary

general election

30

(1)   

In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days

of local elections in England and Wales), after subsection (2) insert—

“(2A)   

Subsection (1) is subject to any order under—

(a)   

section 37A (local government areas in England), or

(b)   

section 37B (local government areas in Wales).”

35

(2)   

After that section insert—

“37A    

Power to change date of local elections to date of European

Parliamentary general election: England

(1)   

The Secretary of State may by order provide that in a year in which a

European Parliamentary general election is to be held—

40

(a)   

the ordinary day of election of councillors for counties in

England, districts and London boroughs,

(b)   

the ordinary day of election of councillors for parishes, and

 
 

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

33

 

(c)   

as respects Authority elections, the day on which the poll is to

be held at an ordinary election,

   

shall be changed so as to be the same as the date of the poll at the

European Parliamentary general election.

(2)   

An order under subsection (1) may make provision under all of

5

paragraphs (a) to (c) or under one or more of those paragraphs.

(3)   

An order under subsection (1) must relate to a single year and must be

made at least six months before—

(a)   

the local election day in that year, or

(b)   

if earlier, the date of the poll at the European Parliamentary

10

general election in that year.

(4)   

For this purpose “the local election day” in a particular year is—

(a)   

the first Thursday in May, or

(b)   

if an order has been made under section 37(1)(b) (power to

change date of council and Assembly elections) in relation to

15

that year, the day specified in the order.

(5)   

Before making an order under this section, the Secretary of State must

consult—

(a)   

the Electoral Commission, and

(b)   

such other persons as he considers appropriate.

20

(6)   

An order under subsection (1) may make incidental, supplementary or

consequential provision or savings.

(7)   

Where the Welsh Ministers make an order under section 37B, the

Secretary of State may by order make such consequential provision in

relation to elections in England as he thinks fit.

25

(8)   

The powers under subsections (6) and (7) include power to make—

(a)   

different provision for different purposes;

(b)   

provision disapplying or modifying the application of an

enactment or an instrument made under an enactment.

(9)   

An order under this section must be made by statutory instrument.

30

(10)   

A statutory instrument containing an order made under this section

may not be made unless a draft of the instrument has been laid before

and approved by a resolution of each House of Parliament.

37B     

Power to change date of local elections to date of European

Parliamentary general election: Wales

35

(1)   

The Welsh Ministers may by order provide that, in a year in which a

European Parliamentary general election is to be held, the ordinary day

of election of councillors for—

(a)   

counties in Wales and county boroughs, and

(b)   

communities,

40

   

shall be changed so as to be the same as the date of the poll at the

European Parliamentary general election.

(2)   

An order under subsection (1) may make provision under paragraphs

(a) and (b) or under one of those paragraphs.

 
 

 
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