Commission’s electoral boundary functions
Section 14 : Boundary Committees
57.Section 14 requires the Electoral Commission to establish four Boundary Committees, one for each part of the United Kingdom. These Boundary Committees will take on the functions of the Parliamentary and Local Government Boundary Commissions transferred to them under the provisions of sections 16 and 18 to 20. Each Boundary Committee will be chaired by an Electoral Commissioner and include at least two other members who must be either Electoral Commissioners or Deputy Electoral Commissioners (appointed under the provisions of section 15). The minimum membership of three for each Boundary Committee reflects the size of the Parliamentary Boundary Commissions (paragraph 2 of Schedule 1 to the Parliamentary Constituencies Act 1986 provides for the appointment of four Commissioners, but the Chairman in each case, the Speaker of the House of Commons, does not take part in the Commissions’ deliberations). Where the functions of a Local Government Boundary Commission are transferred to a Boundary Committee, the minimum membership of that committee will be increased to five (the Local Government Commission for England currently has a membership of seven). Subsection (6) provides for the appointment of assessors to the Boundary Commissions who will provide expert advice on population changes and on mapping. The subsection mirrors the equivalent provision in respect of the Parliamentary Boundary Commission contained in paragraph 5 of Schedule 1 to the Parliamentary Constituencies Act 1986 (Schedule 22 to the Act provides for the repeal of this provision).
Section 16 : Transfer of functions of Boundary Commissions
58.Section 16 provides for the transfer of the functions of the four existing Parliamentary Boundary Commissions to the Electoral Commission. Although originally established by the House of Commons (Redistribution of Seats) Act 1949, the Parliamentary Boundary Commissions are currently established under section 2(1) of the Parliamentary Constituencies Act 1986. Section 3 of that Act requires each of the Boundary Commissions for England, Scotland, Wales and Northern Ireland to “keep under review the representation in the House of Commons of the part of the United Kingdom with which they are concerned”. In addition to their functions under the Parliamentary Constituencies Act, the Boundary Commissions are also responsible under the devolution legislation for the review of regional boundaries for elections to the devolved legislatures in Scotland and Wales.
59.Subsections (1) and (2) of section 16 give effect to Schedule 3. Part I of Schedule 3 amends the Parliamentary Constituencies Act 1986 so as to set out the respective roles and functions of the Electoral Commission and the Boundary Committees in relation to the review of parliamentary constituency boundaries. Paragraph 2 of Schedule 3 amends section 3 of the 1986 Act so as to vest the function of keeping parliamentary constituencies under review and submitting reports to the Secretary of State in the Electoral Commission itself. Paragraph 3 of Schedule 3 inserts a new section 3A into the 1986 Act which specifies that, where the Commission intends to prepare and submit a report, the Boundary Committees will carry out a review of their respective areas and submit proposals for recommendations for inclusion in the report. New section 3A(4) requires the Boundary Committees to comply with any directions given to them by the Commission, although any such directions would need to be consistent with the rules for the redistribution of seats in Schedule 2 to the 1986 Act.
60.On receipt of a Committee’s report new section 3A(3) of the 1986 Act sets out five possible courses of action open to the Electoral Commission. It could:
accept the proposed recommendations;
accept the proposed recommendations subject to modifications agreed with the Committee;
reject the proposed recommendations and require the Committee to reconsider its proposals;
reject the proposed recommendations and require the Committee to undertake another complete or part review; or
in the case of a review into part only of the area for which the Committee is responsible, take no further action.
61.Paragraph 4 of Schedule 3 amends section 4 of the 1986 Act so as to remove the power of the Secretary of State to modify the recommendations of the Electoral Commission proposing changes to parliamentary constituency boundaries. However, it would remain open to the Secretary of State to modify the Commission’s recommendations if the initial order seeking to give effect to them was rejected by either House of Parliament.
62.Paragraphs 5 to 7 of Schedule 3 make consequential changes to sections 5 and 6 of and Schedule 2 to the 1986 Act. It will be for the Electoral Commission itself to give notice of the start of a review but for the relevant Boundary Committee to publicise the effects of the proposed recommendations. Where the Commission intends to modify or reject a Boundary Committee’s recommendations it will be under a duty to have regard to any representations which follow publication of a Committee’s recommendations.
63.Part II of Schedule 3 make equivalent amendments to Schedule 1 to the Government of Wales Act 1998 and Schedule 1 to the Scotland Act 1998 (which make provision in respect of the review of boundaries in relation to elections to the National Assembly for Wales and the Scottish Parliament).
Section 18 : Transfer of functions of Local Government Commission for England
64.Subsection (1) empowers the Secretary of State (in this case the Secretary of State for the Environment, Transport and the Regions) to transfer the functions of the Local Government Commission for England to the Electoral Commission or to the Boundary Committee for England.
65.The Local Government Commission for England was established by section 12 of the Local Government Act 1992 to carry out the functions given to it by Part II of that Act. The principal functions of the Commission under the 1992 Act are to review local government areas in England and make recommendations to the Secretary of State on whether or not changes to local authority structure, boundaries and electoral arrangements would be desirable. The Commission also has functions in connection with the review of parishes under sections 13 and 19 of the Local Government and Rating Act 1997. Finally, the Commission has functions in relation to the electoral arrangements for the Greater London Authority under Schedule 1 to the Greater London Authority Act 1999.
66.Subsection (2) provides that a transfer of functions order may make provision for, amongst other things, transferring to the Commission any relevant functions of the Secretary of State, terminating or modifying any such functions, and preventing the Secretary of State from exercising any relevant function unless he has obtained the advice of the Electoral Commission. It is proposed to exercise the order-making power in such a way as to transfer to the Electoral Commission full responsibility for reviewing electoral arrangements (that is, in respect of wards and county divisions) and implementing any changes. In order that the Commission may implement changes to electoral boundaries it will be necessary to confer a power on the Commission to make statutory instruments (as provided for in subsection (4)). Responsibility for making changes to local authority administrative boundaries or to the structure of local government would continue to rest with the Secretary of State although any such changes could only be made with the advice of the Electoral Commission. The existing powers of the Secretary of State to direct the Local Government Commission for England to conduct a review of the structure and administrative boundaries of local authorities in a given area will be replaced by a power to request the Electoral Commission to undertake such a review. The cost of any structure or boundary review will be met by the Secretary of State (subsection (9)). Subsection (5) provides that in allocating transferred functions between the Electoral Commission and the Boundary Committee for England the provisions of an order made under subsection (1) must broadly correspond to the arrangements made for the allocation of functions between those bodies in respect of the review of parliamentary boundaries by the Parliamentary Constituencies Act 1986 (as amended by Part I of Schedule 3).
Section 19 : Transfer of functions of Local Government Boundary Commission for Scotland
67.Subsection (1) empowers Scottish Ministers to transfer to the Electoral Commission, or the Boundary Committee for Scotland, any of the functions of the Local Government Boundary Commission for Scotland (“the Scottish Commission”). The Scottish Commission was established by section 12 of the Local Government (Scotland) Act 1973. The principal functions of the Scottish Commission are to review local government and electoral arrangements in Scotland, with a view to considering whether or not to make proposals to Scottish Ministers for effecting changes which appear to the Commission to be desirable in the interests of effective and convenient local government. The scope of the order-making power is broadly similar to the one contained in section 18.
Section 20 : Transfer of functions of Local Government Boundary Commission for Wales
68.Subsection (1) empowers the National Assembly for Wales to transfer to the Electoral Commission, or the Boundary Committee for Wales, the functions of the Local Government Boundary Commission for Wales (“the Welsh Commission”). The Welsh Commission was established by section 53 of the Local Government Act 1972 to carry out the functions given to it by Part IV of that Act, as amended by the Local Government (Wales) Act 1994. The principal functions of the Welsh Commission are to review local government areas and electoral arrangements in Wales, with a view to considering whether or not to make proposals to the National Assembly for Wales for effecting changes which appear to the Commission to be desirable in the interests of effective and convenient local government. The scope of the order-making power is broadly similar to the one contained in section 18.
