Regional Assemblies (Preparations) Act 2003

Implementation

17 Implementation of recommendations

(1) This section applies to a region if—

(a) a referendum has been held in the region in pursuance of an order under section 1, and

(b) the Secretary of State proposes that an elected assembly is established for the region.

(2) The Secretary of State may by order give effect to all or any of the recommendations of the Boundary Committee for England made to him in pursuance of a direction under section 13 or 16(4).

(3) Such an order may give effect to a recommendation with or without modifications.

(4) The following provisions of section 17 of the 1992 Act apply for the purposes of this section as they apply for the purposes of that section—

(a) subsection (3), ignoring paragraphs (d), (e), (ea) and (f) and the references to subsection (3A) and the Electoral Commission;

(b) subsections (4) and (5);

(c) subsection (6), ignoring paragraph (c),

and any reference in those provisions to an order under section 17 of the 1992 Act must be construed for the purposes of this section as a reference to an order under this section.

(5) If the Secretary of State believes—

(a) that there has been a mistake in the preparation of an order under subsection (2), and

(b) that the mistake cannot be rectified by a subsequent order under that subsection,

he may by order make such provision as he thinks is necessary or expedient to rectify the mistake.

(6) The Schedule (which contains amendments consequential on this section) has effect.

18 Application of 1992 Act

(1) The provisions of the 1992 Act specified in the left hand column of the Table apply for the purposes of this Part as they apply for the purposes of Part 2 of that Act subject to the modifications (if any) specified in the right hand column:

Section 18	In subsection (4) for “Electoral Commission” substitute “Boundary Committee for England”.
Sections 19 and 20
Section 21	In subsection (1) for “Electoral Commission” substitute “Boundary Committee for England”.
Sections 22 and 23
Section 26	So far as it relates to anything done under a provision specified in this Table for the purposes of this Part.

(2) In the application of those provisions for the purposes of this Part any reference to—

(a) an order under section 17 of the 1992 Act must be construed as a reference to an order under section 17 of this Act;

(b) an order under Part 2 of the 1992 Act must be construed as a reference to an order under that Part as applied by subsection (1).

(3) Expressions used in this Part and in Part 2 of the 1992 Act have the same meaning in this Part as they do in that Part, but references to a local authority do not include references to a parish council.

(4) In this Part the 1992 Act is the Local Government Act 1992 (c. 19).