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Part IIS Changes in Local Government Areas

Modifications etc. (not altering text)

C1Pt. 2 applied (with modifications) (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(2), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)

C2Pt. 2 applied (with modifications) (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), s. 20(3)(4), 31(2); S.S.I. 2018/282, reg. 2

Conduct of ReviewsS

18 Procedure for reviews.S

(1)Where [F1Boundaries Scotland] propose to conduct a review under the foregoing provisions of this Part of this Act, [F2it must] take such steps as [F3it thinks] fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2)In conducting any such review, [F4Boundaries Scotland] shall—

(a)consult—

(i)the council of any local government area affected by the review, and such other local authorities, community councils and public bodies as appear to [F5it] to be concerned;

(ii)any bodies representative of staff employed by local authorities who have asked [F4Boundaries Scotland] to consult them; and

(iii)such other persons as [F6it thinks] fit;

[F7(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 [F8it] by such a council during the period of two months beginning on the day on which the council is informed under paragraph (aa);]

(b)take such steps as [F9it thinks] fit for seeing that persons who may be interested in the review are informed of any draft proposals or any interim decision not to make proposals, and of the place or places where those proposals or that decision can be inspected;

(c)in particular, deposit copies of those proposals or that decision at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(d)take into consideration any representation made to [F10it] within that period.

[F11(2A)The Scottish Ministers may give directions to—

(a)[F12Boundaries Scotland],

(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.]

(3)Where [F13Boundaries Scotland] make a report under this Part of this Act [F14it must] —

(a)take such steps as [F15it thinks] fit for securing that persons who may be interested in the report are informed of it and of the place or places where it can be inspected;

(b)in particular, deposit copies of the report at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of [F16regulations giving effect] to any proposals contained in the report, or after a notification by [F17Boundaries Scotland] that [F18it has] no proposals to put forwardF19... .

(4)Subject to the foregoing provisions of this section, the procedure of [F20Boundaries Scotland] in conducting any review under this Part of this Act shall be such as [F21it] may determine.

Textual Amendments

F6Words in s. 18(2)(a)(iii) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(9); S.S.I. 2021/124, reg. 2, sch.

F16Words in s. 18(3)(b) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(3)(a), 35; S.S.I. 2021/124, reg. 2, sch.

Modifications etc. (not altering text)

C3S. 18 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

19 Local inquiries.S

(1)[F22Boundaries Scotland] may cause a local inquiry to be held with respect to any review carried out by [F23it] under this Part of this Act.

(2)Subsections (3) to (6) and (8) of section 210 of this Act shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to [F24Boundaries Scotland].

Textual Amendments

Modifications etc. (not altering text)

C4S. 19 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))