House of Lords portcullis
House of Lords
Session 2010 - 11
Internet Publications
Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

12

 

(a)   

it is necessary to do so in order to achieve a viable

constituency, and

(b)   

such necessity arises from special geographical

considerations or local ties, as defined in rule 5(1)(a) or (d)

above, of an exceptionally compelling nature,

5

           

the Boundary Commission may decide that the electorate of the

constituency shall be—

no less than 92.5% of the United Kingdom electoral quota; and

no more than 107.5% of that quota.

Preserved constituencies

10

7     (1)  

There shall continue to be—

(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

15

area of Comhairle nan Eilean Siar.

      (2)  

Rule 2 does not apply to these constituencies.

Isle of Wight

8     (1)  

All parts of the Isle of Wight must be included in a constituency

which is wholly in the Isle of Wight.

20

      (2)  

Rule 2 does not apply to any such constituency.

Northern Ireland

9     (1)  

In relation to Northern Ireland, sub-paragraph (2) below applies in

place of rule 2 where—

(a)   

the difference between—

25

(i)   

the electorate of Northern Ireland, and

(ii)   

the United Kingdom electoral quota multiplied by the

number of seats in Northern Ireland (determined

under rule 10),

   

exceeds one third of the United Kingdom electoral quota, and

30

(b)   

the Boundary Commission for Northern Ireland consider

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.

35

      (2)  

The electorate of any constituency shall be—

(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,

40

           

where—

 
 

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

13

 

N is the electorate of Northern Ireland divided by the number

of seats in Northern Ireland (determined under rule 10), and

A is 5% of the United Kingdom electoral quota.

The allocation method

10    (1)  

The allocation method referred to in rule 3(2) is as follows.

5

      (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

to which one or more constituencies have already been allocated is to

10

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

two or more parts of the United Kingdom, the part to which a

15

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 7,

and accordingly the electorate of Scotland shall be treated for the

purposes of this rule as reduced by the electorate of those

20

constituencies.

Interpretation

11    (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

Kingdom or a constituency, is the total number of persons whose

25

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

is required by virtue of subsection (1) of section 13 of the

30

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.

      (3)  

“Local government boundaries” are—

35

(a)   

in England, the boundaries of counties and their electoral

divisions, districts and their wards, and London boroughs

and their wards,

(b)   

in Wales, the boundaries of counties, county boroughs,

electoral divisions, communities and community wards,

40

(c)   

in Scotland, the boundaries of local government areas and the

electoral wards into which they are divided under section 1

of the Local Governance (Scotland) Act 2004, and

(d)   

in Northern Ireland, the boundaries of wards.

 
 

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

14

 

      (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;

5

(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

10

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 7 to an area is to the area as it existed on the

15

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

20

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”

25

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”.

30

(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

35

officer for that part of the constituency.”

12      

Boundary Commission proposals: publicity and consultation

(1)   

For section 5 of the 1986 Act (notices) there is substituted—

“5      

Publicity and consultation

(1)   

Once a Boundary Commission have decided what constituencies they

40

propose to recommend in a report under section 3(1)(a) above—

(a)   

the Commission shall take such steps as they think fit to inform

people in each of the proposed constituencies—

(i)   

what the proposals are,

(ii)   

that a copy of the proposals is open to inspection at a

45

specified place within the proposed constituency, and

 
 

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

15

 

(iii)   

that written representations with respect to the

proposals may be made to the Commission during a

specified period of 12 weeks (“the initial consultation

period”);

(b)   

the Commission shall cause public hearings to be held during

5

the period beginning with the fifth week of the initial

consultation period and ending with the tenth week of it.

(2)   

Subsection (1)(a)(ii) above does not apply to a constituency with respect

to which no alteration is proposed.

(3)   

Schedule 2A to this Act, which makes further provision about public

10

hearings under subsection (1)(b) above, has effect.

(4)   

After the end of the initial consultation period the Commission—

(a)   

shall publish, in such manner as they think fit, representations

made as mentioned in subsection (1)(a) above and records of

public hearings held under subsection (1)(b) above;

15

(b)   

shall take such steps as they think fit to inform people in the

proposed constituencies that further written representations

with respect to the things published under paragraph (a) above

may be made to the Commission during a specified period of

four weeks (“the secondary consultation period”).

20

(5)   

If after the end of the secondary consultation period the Commission

are minded to revise their original proposals so as to recommend

different constituencies, they shall take such steps as they see fit to

inform people in each of those revised proposed constituencies—

(a)   

what the revised proposals are,

25

(b)   

that a copy of the revised proposals is open to inspection at a

specified place within the revised proposed constituency, and

(c)   

that written representations with respect to the revised

proposals may be made to the Commission during a specified

period of eight weeks.

30

(6)   

Subsection (5) above does not apply to any proposals to make further

revisions.

(7)   

Steps taken under subsection (4) or (5) above need not be of the same

kind as those taken under subsection (1) above.

(8)   

A Boundary Commission shall take into consideration—

35

(a)   

written representations duly made to them as mentioned in

subsection (1)(a), (4)(b) or (5)(c) above, and

(b)   

representations made at public hearings under subsection (1)(b)

above.

(9)   

Except as provided by this section and Schedule 2A to this Act, a

40

Boundary Commission shall not cause any public hearing or inquiry to

be held for the purposes of a report under this Act.

(10)   

Where a Boundary Commission publish—

(a)   

general information about how they propose to carry out their

functions (including, in the case of the Boundary Commission

45

for England, information about the extent (if any) to which they

propose to take into account the boundaries mentioned in rule

5(2) of Schedule 2 to this Act), or

 
 

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

16

 

(b)   

anything else to which subsection (1), (4) or (5) above does not

apply,

   

it is for the Commission to determine whether to invite representations

and, if they decide to do so, the procedure that is to apply.”

(2)   

After Schedule 2 to the 1986 Act there is inserted the Schedule set out in

5

Schedule 11 to this Act.

(3)   

Section 6 of the 1986 Act (local inquiries) is repealed.

13      

National Assembly for Wales

(1)   

In section 2 of the Government of Wales Act 2006 (Assembly constituencies and

electoral regions), for subsection (1) there is substituted—

10

“(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

Regions (Wales) (Amendment) Order 2008 (S.I. 2008/1791), and

15

(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.”

(2)   

The following provisions of the Government of Wales Act 2006 are repealed—

20

(a)   

section 2(5) and (6);

(b)   

Schedule 1;

(c)   

paragraph 1 of Schedule 11.

(3)   

Subsection (5) applies where—

(a)   

the Boundary Commission for Wales have informed the Minister in

25

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

(c)   

the Commission give notice in writing to the Minister that they intend

30

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

the 1986 Act has been submitted to the Minister, but

35

(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

(National Assembly for Wales), the 1986 Act has effect without the

40

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—

(a)   

subsections (1) to (2A) of section 3 were omitted, and

45

 
 

Parliamentary Voting System and Constituencies Bill
Part 3 — Miscellaneous and general

17

 

(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

2006, or the constitution of the National Assembly for Wales, at

5

any time before the next general election to the Assembly.”

(7)   

Schedule 1 to the Government of Wales Act 2006, as it applies in accordance

with subsection (5)(b) above, has effect as if—

(a)   

the word “parliamentary” were omitted from paragraph 2(1),

and

10

(b)   

paragraph 10 were omitted.

(8)   

In this section “the Minister” means the Lord President of the Council or the

Secretary of State.

14      

Review of reduction in number of constituencies

(1)   

The Minister must make arrangements—

15

(a)   

for a committee to carry out a review of the effects of the reduction in

the number of constituencies brought about by section 11;

(b)   

for the findings of the review to be published.

(2)   

A majority of the members of the committee are to be Members of the House

of Commons.

20

(3)   

Arrangements under subsection (1)(a) are to be made no earlier than 1 June

2015 and no later than 30 November 2015.

(4)   

In this section “the Minister” means the Lord President of the Council or the

Secretary of State.

Part 3

25

Miscellaneous and general

15      

Orders

A power under this Act to make an order is exercisable by statutory

instrument.

16      

Repeals

30

Schedule 12 (repeals) has effect.

17      

Financial provisions

(1)   

There is to be paid out of money provided by Parliament any increase

attributable to this Act in the sums payable under any other Act out of money

so provided.

35

(2)   

There is to be charged on and paid out of the Consolidated Fund any increase

attributable to this Act in the sums to be charged on and paid out of that Fund

under any other Act.

 
 

Parliamentary Voting System and Constituencies Bill
Part 3 — Miscellaneous and general

18

 

(3)   

There is to be paid into the Consolidated Fund any increase attributable to this

Act in the sums payable into that Fund under any other Act.

18      

Extent

This Act extends to the whole of the United Kingdom, except that—

(a)   

Part 1 of Schedule 3 extends only to England and Wales and Scotland;

5

(b)   

Part 2 of that Schedule extends only to Northern Ireland;

(c)   

an amendment or repeal made by this Act has the same extent as the

provision amended or repealed.

19      

Commencement

(1)   

Section 9, Schedule 10 and Part 1 of Schedule 12 come into force in accordance

10

with provision made by an order under section 8(1).

(2)   

The other provisions of this Act come into force on the day on which this Act

is passed.

20      

Short title

This Act may be cited as the Parliamentary Voting System and Constituencies

15

Act 2011.

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 10 February 2011