Scotland Act 1998

[F1 Notice of proposed report or recommendations U.K.

Textual Amendments

F1 Sch. 1 substituted (22.7.2004 with effect subject to transitional modifications set out in Sch. 2 of the amending Act until "the appropriate date", see s. 1(2)(3) of the amending Act) by Scottish Parliament (Constituencies) Act 2004 (c. 13), s. 1(1)-(4), Sch. 1 (however, paras. 3-14 of Sch. 1 as so substituted or as so substituted and modified (as the case may be) have no effect until 30.6.2007, see s. 1(4))

7 (1) If the Electoral Commission intend to consider making a report under this Schedule— U.K.

(a) they must inform the Secretary of State by notice in writing;

(b) they must publish a copy of the notice in the Edinburgh Gazette.

(2) If the Boundary Committee have provisionally determined proposed recommendations affecting a constituency which they are minded to include in a report under paragraph 5(2) they must publish in at least one newspaper circulating in the constituency a notice stating—

(a) the effect of the proposed recommendations and (except if the effect is that no alteration should be made in respect of the constituency) that a copy of the recommendations is open to inspection at a specified place in the constituency, and

(b) that representations with respect to the proposed recommendations may be made to the Boundary Committee before the end of the period of one month starting the day after the notice is published.

(3) The Boundary Committee must take into account any representations made in accordance with the notice.

(4) If the Boundary Committee revise any proposed recommendations after publishing notice of them under sub-paragraph (2) they must comply again with sub-paragraphs (2) and (3) in relation to the revised recommendations as if no earlier notice had been published.

(5) If the Electoral Commission are minded to exercise in relation to the Boundary Committee’s proposed recommendations any of the powers conferred by paragraph 5(3)(b) or (c) or (4) they must have regard to—

(a) any representations made with respect to the recommendations in accordance with a notice published under sub-paragraph (2) above, or

(b) (if they are minded to exercise any of those powers in relation to part only of the area subject to the Boundary Committee’s review) any representations so made with respect to the recommendations so far as relating to that part of the area.

(6) If the Boundary Committee’s proposed recommendations affecting a constituency have been modified by the Electoral Commission under paragraph 5(3)(b) the Boundary Committee must publish in at least one newspaper circulating in the constituency a notice stating the effect of the recommendations as so modified.

8 (1) This paragraph applies if the Boundary Committee provisionally determine proposed recommendations which they are minded to include in a report under paragraph 5(2) which would involve any alteration in a constituency. U.K.

(2) The Boundary Committee must consider whether any alteration within paragraph 4(2) would be required in order to give effect to the regional rules.

(3) The Boundary Committee’s report under paragraph 5(2) must include the recommendations which they propose should be included in the Electoral Commission’s report under paragraph 3 in the light of the Boundary Committee’s consideration as mentioned in sub-paragraph (2) above.

(4) Paragraph 7 applies for the purposes of the proposed recommendations as if for any reference to a constituency there is substituted a reference to a region.]