Parliamentary Voting System and Constituencies Bill

House of Lords

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies
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(c)
the number of votes of the candidate eliminated at the
previous stage that were not reallocated.”
(3)
Schedule 10 makes further amendments to the parliamentary elections rules,
and other legislation, in connection with the alternative vote system.
(4)
The Minister may by order make any amendments to primary or secondary
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legislation (whenever passed or made) that are consequential on amendments
made by this section or Schedule 10.
(5)
In subsection (4) “primary or secondary legislation” means any provision of, or
made under, any Act.
(6)
An order under subsection (4) may include transitional or saving provision.
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(7)
An order under subsection (4) may not be made unless a draft of the order has
been laid before, and approved by a resolution of, each House of Parliament.
(8)
Before making an order under subsection (4) the Minister must consult the
Electoral Commission.
Part 2
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Parliamentary constituencies
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Boundary Commissions: reports etc
(1)
In the Parliamentary Constituencies Act 1986 (“the 1986 Act”) section 3 (reports
of the Boundary Commissions) is amended as set out in subsections (2) to (7).
(2)
In subsection (1)—
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(a)
in paragraph (a), for “paragraphs 1 to 6 of Schedule 2 to this Act (read
with paragraph 7 of that Schedule)” there is substituted “Schedule 2 to
this Act”;
(b)
in paragraph (b), the words “(read with paragraph 7)” are repealed.
(3)
For subsection (2) there is substituted—
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“(2)
A Boundary Commission shall submit reports under subsection (1)
above periodically—
(a)
before 1st October 2013, and
(b)
before 1st October of every fifth year after that.”
(4)
After subsection (2A) there is inserted—
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“(2B)
In relation to any report which a Boundary Commission are required
by subsection (2) above to submit before a particular date but have not
yet submitted (a “pending boundary report”), the Commission shall
submit to the Speaker of the House of Commons—
(a)
during the January that begins one year and nine months before
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that date, and
(b)
during each subsequent January,

a report setting out what progress they have made with the preparation
of the pending boundary report, with particular reference to the
requirement in subsection (2) above.
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(2C)
On receiving a report under subsection (2B) above, the Speaker shall lay
it before Parliament.”

Parliamentary Voting System and Constituencies Bill
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(5)
Subsection (3) is repealed.
(6)
For subsection (5) there is substituted—
“(5)
As soon as may be after the submission of a report under subsection (1)
above, the Secretary of State shall lay the report before Parliament.
(5A)
As soon as may be after the submission of all four reports under
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subsection (1) above that are required by subsection (2) above to be
submitted before a particular date, the Secretary of State shall lay before
Parliament the draft of an Order in Council for giving effect, with or
without modifications, to the recommendations contained in them.
(5B)
Any such draft giving effect to recommendations contained in the
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report of a particular Boundary Commission may do so with
modifications only if that Commission has requested the modifications
and submitted to the Secretary of State a statement of the reasons for the
modifications.
(5C)
Subsection (5A) above does not apply where each of the reports states
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that no alteration is required to be made in respect of the part of the
United Kingdom with which the Commission in question are
concerned.”
(7)
Subsections (7) and (8) are repealed.
(8)
In section 4(2) of the 1986 Act (Orders in Council), at the end there is inserted
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“submitted under section 3(5B) above”.
(9)
In Schedule 1 to the 1986 Act (the Boundary Commissions), in paragraph 5(d)
(assessor officers of the Boundary Commission for Northern Ireland)—
(a)
for “and the” there is substituted “, the”;
(b)
at the end there is inserted “and the Chief Survey Officer of Land and
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Property Services”.
(10)
In Article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837)
(which makes certain functions of the Secretary of State exercisable
concurrently with the Lord President) the reference in paragraph (1) to the
Parliamentary Constituencies Act 1986 is to be read as a reference to that Act
30
as amended by this section.
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Number and distribution of seats
(1)
For Schedule 2 to the 1986 Act there is substituted—
“Schedule 2
Section 3

           Rules for distribution of seats
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Number of constituencies
1
The number of constituencies in the United Kingdom shall be 600.
Electorate per constituency
2     (1)
The electorate of any constituency shall be—
(a)
no less than 95% of the United Kingdom electoral quota, and
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(b)
no more than 105% of that quota.

Parliamentary Voting System and Constituencies Bill
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      (2)
This rule is subject to rules 4(2), 6(2), 7(2) and 8.
      (3)
In this Schedule the “United Kingdom electoral quota” means— equation: over[char[U],num[598.0000000000000000,"598"]]

where U is the electorate of the United Kingdom minus the electorate
of the constituencies mentioned in rule 6.
Allocation of constituencies to parts of the United Kingdom
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3     (1)
Each constituency shall be wholly in one of the four parts of the
United Kingdom (England, Wales, Scotland and Northern Ireland).
      (2)
The number of constituencies in each part of the United Kingdom
shall be determined in accordance with the allocation method set out
in rule 9.
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Area of constituencies
4     (1)
A constituency shall not have an area of more than 13,000 square
kilometres.
      (2)
A constituency does not have to comply with rule 2(1)(a) if—
(a)
it has an area of more than 12,000 square kilometres, and
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(b)
the Boundary Commission concerned are satisfied that it is
not reasonably possible for the constituency to comply with
that rule.
Factors
5     (1)
A Boundary Commission may take into account, if and to such extent
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as they think fit—
(a)
special geographical considerations, including in particular
the size, shape and accessibility of a constituency;
(b)
local government boundaries as they exist on the most recent
ordinary council-election day before the review date;
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(c)
boundaries of existing constituencies;
(d)
any local ties that would be broken by changes in
constituencies;
(e)
the inconveniences attendant on such changes.
      (2)
The Boundary Commission for England may take into account, if
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and to such extent as they think fit, boundaries of the electoral
regions specified in Schedule 1 to the European Parliamentary
Elections Act 2002 (ignoring paragraph 2(2) of that Schedule and the
references to Gibraltar) as it has effect on the most recent ordinary
council-election day before the review date.
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      (3)
This rule has effect subject to rules 2 and 4.
Preserved constituencies
6     (1)
There shall continue to be—

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(a)
a constituency named Orkney and Shetland, comprising the
areas of the Orkney Islands Council and the Shetland Islands
Council;
(b)
a constituency named Na h-Eileanan an Iar, comprising the
area of Comhairle nan Eilean Siar.
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      (2)
Rule 2 does not apply to these constituencies.
Isle of Wight
7     (1)
All parts of the Isle of Wight must be included in a constituency
which is wholly in the Isle of Wight.
      (2)
Rule 2 does not apply to any such constituency.
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Northern Ireland
8     (1)
In relation to Northern Ireland, sub-paragraph (2) below applies in
place of rule 2 where—
(a)
the difference between—
(i)
the electorate of Northern Ireland, and
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(ii)
the United Kingdom electoral quota multiplied by the
number of seats in Northern Ireland (determined
under rule 9),

exceeds one third of the United Kingdom electoral quota, and
(b)
the Boundary Commission for Northern Ireland consider
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that having to apply rule 2 would unreasonably impair—
(i)
their ability to take into account the factors set out in
rule 5(1), or
(ii)
their ability to comply with section 3(2) of this Act.
      (2)
The electorate of any constituency shall be—
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(a)
no less than whichever is the lesser of— equation: plus[char[N],minus[char[A]]]

and 95% of the United Kingdom electoral quota, and
(b)
no more than whichever is the greater of— equation: plus[char[N],char[A]]

and 105% of the United Kingdom electoral quota,

where—
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N is the electorate of Northern Ireland divided by the number
of seats in Northern Ireland (determined under rule 9), and
A is 5% of the United Kingdom electoral quota.
The allocation method
9     (1)
The allocation method referred to in rule 3(2) is as follows.
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      (2)
The first constituency shall be allocated to the part of the United
Kingdom with the greatest electorate.
      (3)
The second and subsequent constituencies shall be allocated in the
same way, except that the electorate of a part of the United Kingdom

Parliamentary Voting System and Constituencies Bill
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to which one or more constituencies have already been allocated is to
equation: plus[times[num[2.0000000000000000,"2"],char[C]],num[1.0000000000000000,"1"]]

where C is the number of constituencies already allocated to that
part.
      (4)
Where the figure given by sub-paragraph (3) above is the same for
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two or more parts of the United Kingdom, the part to which a
constituency is to be allocated shall be the one with the smaller or
smallest actual electorate.
      (5)
This rule does not apply to the constituencies mentioned in rule 6,
and accordingly the electorate of Scotland shall be treated for the
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purposes of this rule as reduced by the electorate of those
constituencies.
Interpretation
10    (1)
This rule has effect for the purposes of this Schedule.
      (2)
The “electorate” of the United Kingdom, or of a part of the United
15
Kingdom or a constituency, is the total number of persons whose
names appear on the relevant version of a register of parliamentary
electors in respect of addresses in the United Kingdom, or in that part
or that constituency.

For this purpose the relevant version of a register is the version that
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is required by virtue of subsection (1) of section 13 of the
Representation of the People Act 1983 to be published no later than
the review date, or would be so required but for—
(a)
any power under that section to prescribe a later date, or
(b)
subsection (1A) of that section.
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      (3)
“Local government boundaries” are—
(a)
in England, the boundaries of—
(i)
each county for which there is a county council,
(ii)
each district that is not in such a county, and
(iii)
each London borough,
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(b)
in Wales, the boundaries of counties and county boroughs,
(c)
in Scotland, the boundaries of the areas of councils
constituted under section 2 of the Local Government etc.
(Scotland) Act 1994, and
(d)
in Northern Ireland, the boundaries of wards.
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      (4)
“Ordinary council-election day” is—
(a)
in relation to England and Wales, the ordinary day of election
of councillors for local government areas;
(b)
in relation to Scotland, the day on which the poll is held at
ordinary elections of councillors for local government areas;
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(c)
in relation to Northern Ireland, the day of an election for any
district council (other than an election to fill a casual
vacancy).
      (5)
The “review date”, in relation to a report under section 3(1) of this
Act that a Boundary Commission is required (by section 3(2)) to
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Parliamentary Voting System and Constituencies Bill
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submit before a particular date, is two years and ten months before
that date.
      (6)
“The United Kingdom electoral quota” has the meaning given by
rule 2(3).
      (7)
A reference in rule 6 to an area is to the area as it existed on the
5
coming into force of Part 2 of the Parliamentary Voting System and
Constituencies Act 2011.”
(2)
In the Schedule substituted by subsection (1), rule 5(1)(e) does not apply in
relation to a report under section 3(1) of the 1986 Act that a Boundary
Commission is required, by subsection (2) of section 3 of that Act as substituted
10
by section 10(3) above, to submit before 1 October 2013.
(3)
In Part 4 of Schedule 1 to the House of Commons Disqualification Act 1975
(offices disqualifying for particular constituencies)—
(a)
in the entry for Member of Her Majesty’s Commission of Lieutenancy
for the City of London, for “The constituency comprising the whole of”
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there is substituted “Any constituency comprising the whole or part
of”;
(b)
in the entry for Governor of the Isle of Wight, for “The Isle of Wight”
there is substituted “Any constituency comprising the whole or part of
the Isle of Wight”.
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(4)
In section 8 of the Representation of the People Act 1983 (registration officers),
for paragraph (b) of subsection (2) there is substituted—
“(b)
in relation to any constituency part of which consists of some or
all of the area of the City and the Inner and Middle Temples, the
Common Council shall appoint an officer to be registration
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officer for that part of the constituency.”
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Boundary Commission proposals: publicity and consultation
(1)
For section 5 of the 1986 Act (notices) there is substituted—
“5
Publicity and consultation
(1)
Where a Boundary Commission have provisionally determined to
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make recommendations affecting any constituency, they shall take
such steps as they see fit to inform people in the constituency—
(a)
of the effect of the proposed recommendations and (except in a
case where they propose to recommend that no alteration be
made in respect of the constituency) that a copy of the
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recommendations is open to inspection at a specified place
within the constituency, and
(b)
that representations with respect to the proposed
recommendations may be made to the Commission during a
specified period of 12 weeks;
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and the Commission shall take into consideration any such
representations duly made.
(2)
A Boundary Commission may not cause a public inquiry to be held for
the purposes of a report under this Act.
(3)
Where a Boundary Commission revise any proposed
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recommendations after publicising them under subsection (1) above—

Parliamentary Voting System and Constituencies Bill
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(a)
that subsection also applies to the revised proposals, but
(b)
it does not apply to any proposals revised a second time.”
(2)
Section 6 of the 1986 Act (local inquiries) is repealed.
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National Assembly for Wales
(1)
In section 2 of the Government of Wales Act 2006 (Assembly constituencies and
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electoral regions), for subsection (1) there is substituted—
“(1)
The Assembly constituencies are the constituencies specified in the
Parliamentary Constituencies and Assembly Electoral Regions (Wales)
Order 2006 (S.I. 2006/1041) as amended by—
(a)
the Parliamentary Constituencies and Assembly Electoral
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Regions (Wales) (Amendment) Order 2008 (S.I. 2008/1791), and
(b)
any Order in Council under the Parliamentary Constituencies
Act 1986 giving effect (with or without modifications) to a
report falling within section 13(3) or (4) of the Parliamentary
Voting System and Constituencies Act 2011.”
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(2)
The following provisions of the Government of Wales Act 2006 are repealed—
(a)
section 2(5) and (6);
(b)
Schedule 1;
(c)
paragraph 1 of Schedule 11.
(3)
Subsection (5) applies where—
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(a)
the Boundary Commission for Wales have informed the Minister in
accordance with section 5(1) of the 1986 Act of their intention to
consider making a report under section 3(3) of that Act,
(b)
at the time when Part 2 of this Act comes into force the report has not
been delivered to the Minister, and
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(c)
the Commission give notice in writing to the Minister that they intend
to proceed with the report.
(4)
Subsection (5) also applies where, at the time when Part 2 of this Act comes into
force—
(a)
a report by the Boundary Commission for Wales under section 3(3) of
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the 1986 Act has been submitted to the Minister, but
(b)
no Order in Council under that Act has yet been made for giving effect
to it.
(5)
In relation to the report mentioned in subsection (3) or (4)—
(a)
for the purposes of Part 1 of the Government of Wales Act 2006
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(National Assembly for Wales), the 1986 Act has effect without the
amendments made by this Act;
(b)
that Part has effect without the amendments made by subsection (2).
(6)
The 1986 Act, as it applies in accordance with subsection (5)(a) above, has effect
as if—
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(a)
subsections (1) to (2A) of section 3 were omitted, and
(b)
the following subsection were substituted for subsection (6) of
section 4—
“(6)
The coming into force of any such Order shall not affect the
operation of section 10 or 11 of the Government of Wales Act
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