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Local Governance (Scotland) Act 2004

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This is the original version (as it was originally enacted).

4Reviews of electoral arrangements

This section has no associated Explanatory Notes

(1)As soon as practicable after the commencement of this section the Boundary Commission shall—

(a)review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas, and

(b)formulate proposals for those arrangements.

(2)Part II of the 1973 Act applies to a review under subsection (1) as it applies to a review under section 16 of that Act except that section 17 of that Act has effect as if it required—

(a)the Boundary Commission to submit a report on any review before such date as the Scottish Ministers may direct, and

(b)the Scottish Ministers to make an order under section 17 giving effect to the proposals of the Commission under subsection (1) (whether as submitted to them or with modifications).

(3)The Boundary Commission shall, when complying with section 18(2)(aa) of the 1973 Act on a review under subsection (1), also inform the council of the reasons for any differences between—

(a)their draft proposals, and

(b)the draft proposals which would have been made had they been formulated on the basis that each electoral ward of a local government area is to consist of a combination of existing electoral wards (the rules set out in Schedule 6 to that Act having been disregarded in so far as those rules conflicted with that basis).

(4)The Boundary Commission shall disregard subsection (3) when formulating proposals for future electoral arrangements under subsection (1).

(5)The 1973 Act is amended as follows—

(a)in section 16(2) (duty of Boundary Commission to carry out periodic reviews of electoral arrangements), for “Schedule 5 to this Act” substitute “section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9)”,

(b)in section 18 (procedure for reviews)—

(i)in subsection (2), after paragraph (a) insert—

(aa)at least two months before taking any steps under paragraph (b) below to inform other persons of any draft proposals or any interim decision not to make proposals, inform the council of any local government area affected by the review of those proposals or that decision;

(ab)before taking any such steps, take into consideration any representation made to them by such a council during the period of two months beginning on the day on which the council is informed under paragraph (aa);,

(ii)after subsection (2) insert—

(2A)The Scottish Ministers may give directions to—

(a)the Boundary Commission,

(b)the council of any local government area affected by a review,

in relation to consultation under subsection (2)(a) above.

(2B)Such directions may be given generally or in relation to particular reviews or particular aspects of reviews.,

(c)section 20 is repealed,

(d)in subsection (1) (interpretation) of section 28, in the definition of “electoral arrangements”, after “councillors”, where second occurring, insert “, the number of councillors for each electoral ward”,

(e)in subsection (2) (review of electoral arrangements to be carried out in compliance with certain enactments) of that section—

(i)after “Act”, where first occurring, insert “or section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9)”, and

(ii)for “section 5 of the Local Government etc. (Scotland) Act 1994” substitute “section 1 of the Local Governance (Scotland) Act 2004 (asp 9)”,

(f)Schedule 5 is repealed,

(g)in sub-paragraph (2) of paragraph 1 of Schedule 6, for the words from “of”, where fourth occurring, to the end of that sub-paragraph substitute “calculated by dividing the number of local government electors in each electoral ward of that local government area by the number of councillors to be returned in that ward shall be, as nearly as may be, the same.”, and

(h)at the end of sub-paragraph (3) of that paragraph insert—

  • but if, in any case, there is a conflict between those criteria, greater weight shall be given to the latter.

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