Local Government Act 1992

Part II E+W+S Local Government Changes for England

The Local Government Commission E+W+S

12 The Local Government Commission for England. E+W+S

(1) There shall be a body corporate to be known as the Local Government Commission for England (in this Part referred to as “the Local Government Commission”) for the purpose of carrying out the functions assigned to it by section 13 below.

(2) Schedule 2 to this Act shall have effect with respect to the Local Government Commission.

Functions of the Local Government Commission E+W

[F1 13 Reviews and Recommendations E+W

F2 ( 1 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 ( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Electoral Commission may direct the Boundary Committee for England—

(a) to conduct a review of a specified area in England, and

(b) to recommend whether an electoral change should be made in respect of that area.

(4) The Electoral Commission shall from time to time direct the Boundary Committee for England—

(a) to conduct a review of each principal area in England, and

(b) to recommend whether an electoral change should be made in respect of that area.

(5) In carrying out a function under this section the Electoral Commission or the Boundary Committee for England shall have regard to—

(a) the need to reflect the identities and interests of local communities,

(b) the need to secure effective and convenient local government,

(c) the need to secure the matters mentioned in paragraphs 1(2)(a) and 3(2)(a) of Schedule 11 to the Local Government Act 1972 F4 (equality of representation), and

(d) any scheme for elections specified by order under section 86 of the Local Government Act 2000 F5 (power to specify a scheme for elections).

(6) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7) A direction may, in particular, require the Boundary Committee for England to have regard to—

F6 ( a ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.]

Textual Amendments

F1 S. 13 substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 1

F2 S. 13(1) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 2(a), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F3 S. 13(2) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 2(a), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F4 c. 70.

F5 c. 22.

F6 S. 13(7)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 2(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

Modifications etc. (not altering text)

C1 S. 13: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

14 Changes that may be recommended. E+W

(1) For the purposes of this Part—

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) an electoral change is a change of electoral arrangements for any local government area, F9 ...

F10 ...

F11 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1)(c) above “electoral arrangements” means—

(a) in relation to a principal area—

(i) the number of councillors of the council for that area;

(ii) the number and boundaries of the electoral areas into which that area is for the time being divided for the purposes of the election of councillors;

(iii) the number of councillors to be elected for any electoral area in that principal area F13 . . .; and

(iv) the name of any electoral area;

(b) in relation to a parish council—

(i) the number of councillors;

(ii) the question whether or not the parish or (in the case of a common parish council) any of the parishes should be divided into wards for the purposes of the election of councillors;

(iii) the number and boundaries of any such wards;

(iv) the number of councillors to be elected for any such ward or, in the case of a common parish, for each parish; and

(v) the name of any such ward.

F14 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 (8) Notwithstanding section 6(2)(a) of the M1 Local Government Act 1972, the [F18 the Boundary Committee for England ] may recommend under [F19 [F20 section 13(3) or (4) ] above ] that an electoral division of a non-metropolitan county should return more than one councillor. ]

Textual Amendments

F7 S. 14(1)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(a)(i), 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F8 S. 14(1)(b) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(a)(i), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F9 Words in s. 14(1)(c) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(a)(ii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F10 Words in s. 14(1) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(a)(iii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F11 S. 14(2) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F12 S. 14(3) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F13 Words in s. 14(4)(a)(iii) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 8, Sch. 1 para. 2(3)

F14 S. 14(5) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F15 S. 14(6) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F16 S. 14(7) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 3(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F17 S. 14(8) inserted (28.9.2000) by 2000 c. 22, ss. 89(2), 108(2)

F18 Words in s. 14(8) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 2(4)(a)

F19 Words in s. 14(8) substituted (16.2.2001) by 2000 c. 41, ss. 158(1), Sch. 21, para. 10 (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I

F20 Words in s. 14(8) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 2(4)(b)

Modifications etc. (not altering text)

C2 S. 14: power to transfer or modify functions conferred (30.11.2000) by 2000 c. 41, ss. 18(3)(a), 163(3)(d) (with s. 156(6))

C3 S. 14: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

C4 S. 14 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

Marginal Citations

M1 1992 c. 19.

15 Procedure on a review. E+W

(1) As soon as reasonably practicable after being directed to conduct a review, the [F21 Boundary Committee for England] shall take such steps as [F21 they consider] sufficient to secure that persons who may be interested in the review are informed of—

(a) the direction requiring that review to be conducted;

(b) any other directions under this Part which are relevant to the review; and

(c) the period within which representations with respect to the subject-matter of the review may be made.

(2) As soon as reasonably practicable after [F22 being directed to conduct a review of any area under section 13(4) above, the Boundary Committee for England] shall take such steps as [F22 they consider] sufficient to secure that persons who may be interested in the review are informed of—

(a) the fact that the [F22 Committee are] to conduct a periodic review of that area;

(b) any directions under this Part which are relevant to the review; and

(c) the period within which representations with respect to the subject-matter of the review may be made.

(3) In conducting a review, the [F23 Boundary Committee for England] shall—

(a) take into consideration any representations made to [F23 them] within the period mentioned in subsection (1)(c) or (2)(c) above;

(b) prepare draft recommendations and take such steps as [F23 they consider]sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which representations with respect to them may be made;

(c) deposit copies of the draft recommendations at the principal office of any principal council [F24 or police authority] appearing to that [F23 Committee]to be likely to be affected by them; and

(d) take into consideration any representations made to that [F23 Committee]within that period.

[F25 (4) As soon as the Boundary Committee for England are in a position to submit to the Electoral Commission a report on a review, they shall—

(a) submit a report to the Commission together with their recommendations;

(b) take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them and of the period within which they may be inspected; and

(c) deposit copies of the recommendations at the principal office of any principal council or police authority appearing to the Committee to be likely to be affected by them.]

(5) Copies of any draft recommendations deposited at the principal office of a principal council under subsection (3)(c) above, and of any recommendations deposited at any such office under subsection (4)(c) above, shall be kept available for inspection at that office throughout the period within which representations with respect to them may be made or, as the case may be, within which they may be inspected.

[F26 (6) Where the report on a review is submitted to the Electoral Commission under subsection (4) above, the Commission may—

(a) direct the Boundary Committee for England to reconsider their recommendations with a view to deciding whether to submit a further report under subsection (4) containing different recommendations; or

(b) direct the Boundary Committee for England to conduct a further review of all or part of the area to which the report relates and to make revised recommendations as respects that area; and this section shall apply in relation to the further review with such modifications as may be specified in the direction.]

[F27 (7) The Electoral Commission may give a direction to the Boundary Committee for England about the exercise of a function under this section.

(7A) A direction may, in particular, require the Boundary Committee for England to have regard to—

F28 ( a ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) guidance given by the Electoral Commission as to matters to be taken into account in considering electoral changes.]

(8) This section shall have effect as if the Common Council of the City of London were a principal council and the City of London included the Inner Temple and the Middle Temple.

Textual Amendments

F21 Words in s. 15(1) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(2)

F22 Words in s. 15(2) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(3)

F23 Words in s. 15(3) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(4)

F24 Words in s. 15(3)(c)(4)(c) substituted (1.4.1995) by 1994 c. 29, s. 39(3); S.I. 1994/3262, art. 4, Sch.

F25 S. 15(4) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(5)

F26 S. 15(6) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(6)

F27 S. 15(7)(7A) substituted (1.4.2002) for s. 15(7) by S.I. 2001/3962, art. 8, Sch. 1 para. 3(7)

F28 S. 15(7A)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 4, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

Modifications etc. (not altering text)

C5 S. 15: power to transfer or modify functions conferred (30.11.2000) by 2000 c. 41, ss. 18(3)(a), 163(3)(d), (with s. 156(6))

C6 S. 15: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

C7 S. 15 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

[F29 15A Alternative procedure on a review E+W

(1) Where the Electoral Commission consider it appropriate they may direct the Boundary Committee for England not to follow the procedure on a review set out in section 15 above but—

(a) to take sufficient steps to secure that persons who may be interested in the matters which are the subject of review are informed of them and of the period within which representations about them may be made;

(b) to take into consideration any such representations made to them within that period; and

(c) to inform any person who has made representations of the recommendations which are made to the Electoral Commission.]

Textual Amendments

F29 S. 15A inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 4

Modifications etc. (not altering text)

C8 S. 15A applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 15, 27(2)

F30 16 Consultation with the Audit Commission. E+W

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Textual Amendments

F30 S. 16 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 5, Sch. 8 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

Implementation of recommendations E+W

17 Implementation of recommendations by order. E+W

F31 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32 (1A) Where the Boundary Committee for England make recommendations to the Electoral Commission for electoral changes, the Commission may by order give effect to all or any of the recommendations, subject to any modifications to those recommendations agreed with that Committee]

(2) No order under this section shall be made before the end of the period of six weeks beginning with [F33 the receipt of recommendations or the submission of a report]; and before making such an order, F34 . . .

F35 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36 (b) the Electoral Commission may direct the Boundary Committee for England to supply them with additional information or advice.]

(3) F37 ... an order under this section may, in particular, include provision which, for the purpose of giving effect (with or without modifications) to recommendations of the F38 [F39 ... Boundary Committee for England], makes provision with respect to—

F40 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the total number of councillors of any authority, the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas, and the first election of councillors for any new or altered electoral area;

(e) without prejudice to paragraph (d) above, the holding of a fresh election of councillors for all electoral areas in a local government area where substantial changes have been made to some of those areas, or the order of retirement of councillors for any electoral areas in the local government area in question;

F43 (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) F44 ... the ordinary year of election and the order of retirement of parish councillors for any parish situated in the district;

F45 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F49 A power] to make an order under this section shall include power to make any such provision in relation to the other provisions of that order, or to the provisions of any previous order under this section, as is equivalent to that which may be contained in regulations under section 19 below F50 ....

F51 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53 (7) An order under [F54 subsection (1A) above.] may provide for an electoral division of a non-metropolitan county to return more than one councillor; and in such a case section 6(2)(a) of the Local Government Act 1972 shall not apply.]

Textual Amendments

F31 S. 17(1) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(a), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F32 S. 17(1A) inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(3)

F33 Words in s. 17(2) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(4)(a)

F34 Words in s. 17(2) omitted (1.4.2002) by virtue of S.I. 2001/3962, art. 8, Sch. 1 para. 6(4)(b)

F35 S. 17(2)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F36 S. 17(2)(a)(b) substituted (1.4.2002) by virtue of S.I. 2001/3962, art. 8, Sch. 1 para. 6(4)(b)

F37 Words in s. 17(3) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(c)(i), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F38 Words in s. 17(3) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(c)(ii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F39 Words in s. 17(3) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(5)(b)

F40 S. 17(3)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(c)(iii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F41 S. 17(3)(b) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(c)(iii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F42 S. 17(3)(c) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(c)(iii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F43 S. 17(3)(ea) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(c)(iii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F44 Words in s. 17(3)(f) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(c)(iv), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F45 S. 17(3)(g) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(c)(iii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F46 S. 17(3)(h) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(c)(iii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F47 S. 17(3A) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(d), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F48 S. 17(3B) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(d), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F49 Words in s. 17(4) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(7)

F50 Words in s. 17(4) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(e), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F51 S. 17(5) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(f), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F52 S. 17(6) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 6(f), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F53 S. 17(7) inserted (28.9.2000) by 2000 c. 22, ss. 89(3), 108(2)

F54 Words in s. 17(7) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 6(8)

Modifications etc. (not altering text)

C9 S. 17: certain functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(1)(2)(a)

C10 S. 17(3) applied in part (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 17(4)(a), 27(2)

C11 S. 17(4) applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 17(4)(b), 27(2)

F55 18 Consequences of structural changes etc. E+W

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Textual Amendments

F55 S. 18 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1, para. 7, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(c)

19 Regulations for supplementing orders. E+W

(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as he thinks necessary or expedient for the purposes or in consequence of any orders under section 17 above, or for giving full effect to orders under that section.

F56 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In their application in relation to any order under section 17 above, regulations under this section shall have effect subject to any provision made under that section.

(4) Any regulations under section 67 of the 1972 Act (regulations in connection with implementation of proposals under Part IV of that Act) which are in force at the commencement of this section shall have effect, without prejudice to their operation in relation to any order made under that Part after the commencement of this section (whether by virtue of section 24(3) below or otherwise) and subject to any regulations under this section, as if orders under section 17 above were orders under that Part.

Textual Amendments

F56 S. 19(2) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 8, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

Modifications etc. (not altering text)

C12 S. 19 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 18(1), 27(2)

F57 20 Agreements as to incidental matters. E+W

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Textual Amendments

F57 Ss. 20-22 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 9, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F57 21 Joint authorities. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 Ss. 20-22 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 9, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F57 22 Residuary bodies. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 Ss. 20-22 repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 9, Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F58 23 Staff commissions. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 S. 23 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

Supplemental provisions of Part II E+W

F59 24 Abolition of the Local Government Boundary Commission for England. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 S. 24 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

25 Application of Part II to the Isles of Scilly. E+W

The Secretary of State may by order provide that, in their application in relation to the Isles of Scilly, the provisions of this Part shall have effect subject to such modifications as he considers appropriate.

26 Orders, regulations and directions under Part II. E+W

(1) The powers of the Secretary of State [F60 or the Electoral Commission] under this Part to make orders or regulations shall be exercisable by statutory instrument; and a statutory instrument containing any order or regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament unless—

F61 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) it effects only electoral changes F63 ....

F64 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F65 (3) Every power of the Secretary of State under this Part to make F66 ... regulations, and every power of the Electoral Commission to make orders or to give directions, shall include power to make different provision for different cases, including provision for different localities and for different bodies]

(4) Any power of the Secretary of State by F67 ... regulations under this Part to make incidental, consequential, transitional or supplementary provision shall include power for any incidental, consequential, transitional or supplementary purposes—

(a) to apply with or without modifications;

(b) to extend, exclude or amend; or

(c) to repeal or revoke with or without savings,

any enactment, any instrument made under any enactment or any charter, whenever granted.

F68 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A direction under any provision of this Part may be varied or revoked by any subsequent direction under that provision; and where F69 [F70 ... the Electoral Commission are satisfied] that—

(a) a mistake has occurred in the preparation of an order under any provision of this Part; and

(b) the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the M2 Interpretation Act 1978 (implied power to amend),

F71 [F70 ... they may] by order under this subsection make such provision as F72 [F70 ... they think] necessary or expedient for rectifying the mistake.

(7) In this section—

• “enactment” includes an enactment contained in a provision of this Act (other than a provision of this Part) or in any enactment contained in an Act passed after this Act; and

• “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.

Textual Amendments

F60 Words in s. 26(1) inserted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 9(2)

F61 S. 26(1)(a) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(a)(i), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F62 S. 26(1)(b) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(a)(i), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F63 Words in s. 26(1)(c) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(a)(ii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F64 S. 26(2) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(b), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F65 S. 26(3) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 9(3)

F66 Words in s. 26(3) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(c), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F67 Words in s. 26(4) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(d), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F68 S. 26(5) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(e), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F69 Words in s. 26(6) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(f)(i), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F70 Words in s. 26(6) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 8, Sch. 1 para. 9(4)

F71 Words in s. 26(6) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(f)(ii), Sch. 18 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

F72 Words in s. 26(6) repealed (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 10(f)(iii), Sch. 8 Pt. 1; S.I. 2007/3136, art. 2(b)(c) (with art. 3)

Modifications etc. (not altering text)

C13 S. 26 applied (with modifications) (8.5.2003) by Regional Assemblies (Preparations) Act 2003 (c. 10), ss. 18(1), 27(2)

Marginal Citations

M2 1978 c. 30.

27 Amendments relating to local government changes. E+W

(1) Schedule 3 to this Act (which contains consequential amendments in connection with the provisions of this Part) shall have effect.

(2) In considering the electoral arrangements for any local government area for the purposes of this Part [F73 the Electoral Commission and the Boundary Committee for England] shall comply, so far as is reasonably practicable, with the rules set out in Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements); and accordingly, in that Schedule, references to “either of the Commissions” shall have effect—

(a) until the commencement of section 24 above, as including a reference to the Local Government Commission; and

(b) thereafter, as if they were references to the [F73 the Electoral Commission and the Boundary Committee for England] or the Local Government Boundary Commission for Wales.

(3) In subsection (2) above “electoral arrangements” has the meaning given by subsection (4) of section 14 above for the purposes of subsection (1)(c) of that section.

Textual Amendments

F73 Words in s. 27(2) substituted (1.4.2002) by S.I. 2001/3962, art. 8, Sch. 1 para. 10(2)(3)