The Local Government Commission for England (Transfer of Functions) Order 2001

The Greater London Authority Act 1999

14.—(1) Schedule 1 to the 1999 Act (Assembly constituencies and orders under section 2(4)) is amended as follows.

(2) In paragraph 1 (Changes to Assembly Constituencies)—

(a) In sub-paragraph (1)—

(i) in paragraph (a) for “review” substitute “request”; and

(ii) for “Local Government Commission for England (“the Commission”) recommends” substitute “Electoral Commission recommend”;

(b) for sub-paragraph (3) substitute—

“(3) Where this paragraph applies, the Electoral Commission shall direct the Boundary Committee for England (“the Committee”) to conduct a review in accordance with Part II of the 1992 Act and to submit to the Electoral Commission the reports required under sub-paragraph (4) or (5) below;”

(c) in sub-paragraph (4)—

(i) for “Commission” each time it appears substitute “Committee”;

(ii) for “is” the first time it appears substitute “are”; and

(iii) for “Secretary of State” substitute “Electoral Commission”;

(d) in sub-paragraph (5) for “Commission is” substitute “Committee are”; and

(e) after sub-paragraph (5) insert—

“(5A) The Electoral Commission may direct the Committee to reconsider the recommendation made under sub-paragraph (4)”; and

(f) omit sub-paragraphs (6) and (7).

(3) In paragraph 2 (Comprehensive review of Assembly constituencies)—

(a) in sub-paragraph (1)—

(i) for “Secretary of State” each time it appears substitute “Electoral Commission”;

(ii) for “directs” substitute “direct”;

(iii) for “Commission” substitute “Committee”; and

(iv) for “it recommends” each time it appears substitute “they recommend”.

(b) in sub-paragraph (2), for “Commission” substitute “Committee”.

(4) In paragraph 3 (preparation and submission of report)—

(a) in sub-paragraph (2)—

(i) for “the Commission shall take such steps as it considers” substitute “the Committee shall take such steps as they consider” and

(ii) in paragraph (a), for “Commission” substitute “Committee”.

(b) in sub-paragraph (3)—

(i) for “its report, the Commission” substitute “their report, the Committee”;

(ii) in paragraph (a), for “made to it” substitute “made to them”;

(iii) in paragraph (b), for “it considers” substitute “they consider”; and

(iv) in paragraph (d), for “Commission” substitute “Committee”.

(c) in sub-paragraph (4)—

(i) for “Commission is” substitute “Committee are”;

(ii) for “its report” substitute “their report”;

(iii) for “Secretary of State” substitute “Electoral Commission”;

(iv) for “it shall” substitute “they shall”;

(v) in paragraph (a), for “him” substitute “them”;

(vi) in paragraph (b), for “it considers” substitute “they consider”.

(5) In paragraph 4 (further report)—

(a) in sub-paragraph (1)—

(i) for “Secretary of State” substitute “Electoral Commission”;

(ii) for “he may, if he thinks fit” substitute “they may, if they think fit”; and

(iii) for “Commission” substitute “Committee”.

(b) in sub-paragraph (3), for “Commission” substitute “Committee”.

(6) In paragraph 5 (Directions)—

(a) for “Secretary of State” each time it appears substitute “Electoral Commission”;

(b) for “Commission” each time it appears substitute “Committee”; and

(c) for “its functions” substitute “their functions”.

(7) Omit paragraph 6.

(8) In paragraph 8 (orders under section 2(4))—

(a) for sub-paragraph (1) substitute—

“(1) Subject to paragraph (1A) an order under section 2(4) of this Act may give effect, with or without modifications to all or any of the recommendations made to the Electoral Commission under—

(a) paragraph 1(4) or (5A) above;

(b) paragraph 2(1) above; or

(c) paragraph 4(1)(b) above.

(1A) No modifications may be made to any recommendations contained in a report unless they have been agreed with the Committee.”; and

(b) in sub-paragraph (3)—

(i) for “Secretary of State” substitute “Electoral Commission”;

(ii) for “Commission” substitute “Committee”; and

(iii) for “him” substitute “them”.

(9) In paragraph 9—

(a) for “Secretary of State is” substitute “Electoral Commission are”;

(b) for “he may by order” substitute “they may by order made by statutory instrument”; and

(c) for “he thinks” substitute “they think”.