Section 2.
Modifications etc. (not altering text)
C1Sch. 1: Power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise 30.10.2001) by 2000 c. 41, s. 18, 163(2) (with s. 156(6)); S.I. 2001/3526, art. 2(c)
Sch. 1: functions transferred (1.4.2002) by S.I. 2001/3962, art. 3(2)(d)
1(1)This paragraph applies where, as a result of—
(a)a review under section 13(1) of the M1Local Government Act 1992 (“the 1992 Act”), or
(b)a further review under section 15(6) of that Act,
the Local Government Commission for England (“the Commission”) recommends to the Secretary of State, at a time when an order under section 2(4) of this Act has effect, that he should make one or more boundary changes falling within sub-paragraph (2) below.
(2)The boundary changes mentioned in sub-paragraph (1) above are boundary changes—
(a)falling within section 14(3)(a) of the 1992 Act (alteration of a local government area) and affecting any London borough;
(b)falling within section 14(3)(d) of that Act (constitution of a new London borough); or
(c)falling within section 14(3)(e) of that Act (abolition of a London borough).
(3)Where this paragraph applies, the Commission shall submit to the Secretary of State the report or reports required under sub-paragraph (4), (5) or (6) below (as read with sub-paragraph (7) below).
(4)If the Commission is of the opinion that, in consequence of the boundary changes mentioned in sub-paragraph (1) above, changes are required to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, the report required is one which recommends to the Secretary of State the changes which in the opinion of the Commission should be made to Assembly constituencies to comply with those rules.
(5)If the Commission is not of the opinion mentioned in sub-paragraph (4) above, the report required is one which states that fact.
(6)If the Commission is of the opinion that a comprehensive review of Assembly constituencies is required in consequence of the boundary changes mentioned in sub-paragraph (1) above, the report required is one which recommends to the Secretary of State that such a review be carried out.
(7)Where a report is required under sub-paragraph (6) above, no report is required under sub-paragraph (4) or (5) above unless the Commission is of the opinion that a report under sub-paragraph (4) above ought to be submitted for the purposes of the next ordinary election, in which case the Commission shall submit such a report in addition to the report required by sub-paragraph (6) above.
Marginal Citations
2(1)If the Secretary of State at any time so directs, the Commission shall carry out a comprehensive review of Assembly constituencies and submit to the Secretary of State a report—
(a)showing the areas into which it recommends Greater London should be divided to form the Assembly constituencies; and
(b)stating the name by which it recommends that each Assembly constituency should be known.
(2)No recommendations shall be made by the Commission in a report under sub-paragraph (1) above unless the recommendations comply with the rules set out in paragraph 7 below.
3(1)A direction to submit a report under paragraph 2(1) above shall specify the timetable in accordance with which the report is to be prepared, submitted and available for inspection under this Schedule (“the timetable”).
(2)As soon as reasonably practicable after being directed to submit a report under paragraph 2(1) above, the Commission shall take such steps as it considers sufficient to secure that persons who may be interested in the subject-matter of the report are informed of—
(a)the direction requiring the report to be submitted, including, in particular, the period specified in the timetable within which representations with respect to the subject-matter of the report may be made to the Commission; and
(b)any direction under paragraph 5 below.
(3)Before submitting its report, the Commission shall—
(a)take into consideration any representations made to it within the period mentioned in sub-paragraph (2)(a) above;
(b)prepare a draft report and take such steps as it considers sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which representations with respect to it may be made;
(c)deposit copies of the draft report at the principal office of—
(i)the Authority;
(ii)each London borough council; and
(iii)the Common Council; and
(d)take into consideration representations made to the Commission within the period mentioned in paragraph (b) above.
(4)As soon as the Commission is in a position to submit its report to the Secretary of State (and in any event not later than the date specified in the timetable for submission of the report), it shall—
(a)submit the report to him;
(b)take such steps as it considers sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which it may be inspected; and
(c)deposit copies of the report at the principal office of—
(i)each London borough council; and
(ii)the Common Council.
(5)Copies of the draft report deposited under sub-paragraph (3)(c) above, and of the report deposited under sub-paragraph (4)(c) above, shall be kept available for inspection at the offices concerned in accordance with the timetable.
4(1)Where a report is submitted to the Secretary of State in accordance with a direction under paragraph 2(1) above, he may, if he thinks fit, direct the Commission—
(a)to review such of the recommendations made in the report as may be specified in the direction; and
(b)to submit a further report making revised recommendations as respects—
(i)the areas into which Greater London should be divided to form the Assembly constituencies; and
(ii)the name by which each Assembly constituency should be known.
(2)Paragraph 3 above shall apply in relation to any further report with such modifications as may be specified in the direction under sub-paragraph (1) above.
(3)No recommendations shall be made by the Commission in a further report unless the recommendations comply with the rules set out in paragraph 7 below.
5The Secretary of State may give directions as to the exercise by the Commission of any of its functions under this Schedule; and, in particular, the directions may—
(a)specify matters which the Commission must take into account in preparing a report; and
(b)require the Commission to have regard to any guidance given by the Secretary of State as respects matters to be taken into account in preparing a report.
6The Secretary of State may pay to the Commission such amount as he may determine to be the amount required by the Commission for carrying out its functions under this Schedule.
7(1)The rules referred to in paragraphs 1(4), 2(2) and 4(3) above are—E+W+S
1. There shall be fourteen Assembly constituencies.
2. Each Assembly constituency shall consist of two or more entire London boroughs.
3. A part of the boundary of each London borough contained within an Assembly constituency shall adjoin a part of the boundary of at least one other London borough contained within that constituency.
4. No London borough shall be included in more than one Assembly constituency.
5. The electorate for an Assembly constituency shall be as near the electorate for each other Assembly constituency as is reasonably practicable.
(2)For the purposes of the rules in sub-paragraph (1) above—
(a)any reference to a London borough includes a reference to the City of London, which for this purpose shall be taken to include the Inner Temple and the Middle Temple; and
(b)a part of a boundary which would, except for the river Thames or a tributary of the river Thames, adjoin a part of another boundary is deemed to adjoin that part of that other boundary.
8(1)An order under section 2(4) of this Act may give effect, with or without modifications, to all or any of the recommendations contained in a report submitted by the Commission under—
(a)section 7 of the M2Greater London Authority (Referendum) Act 1998 (report of recommendations about electoral areas etc);
(b)section 9 of that Act (further report of recommendations about electoral areas etc);
(c)paragraph 1(4) above;
(d)paragraph 2(1) above; or
(e)paragraph 4(1)(b) above.
(2)No order giving effect to recommendations made in a report under paragraph 2(1) above or a further report under paragraph 4(1)(b) above shall be made before the end of the period of six weeks beginning with the submission of the report.
(3)Before making an order falling within sub-paragraph (2) above, the Secretary of State may by a direction require the Commission to supply him with such additional information as may be described in the direction.
(4)In sub-paragraph (1) above, “modifications” includes additions, alterations and omissions.
Commencement Information
I1Sch. 1 para. 8 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; Sch. 1 para. 8 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2
Marginal Citations
9(1)Where the Secretary of State is satisfied that—
(a)a mistake has occurred in the preparation of an order under section 2(4) of this Act, and
(b)the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the M3Interpretation Act 1978 (implied power to amend),
he may by order under this sub-paragraph make such provision as he thinks necessary or expedient for rectifying the mistake.
(2)In this paragraph “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information.
Commencement Information
I2Sch. 1 para. 9 wholly in force at 14.12.1999: Sch. 1 para. 9 in force at Royal Assent (11.11.1999) for certain purposes see s. 425(2); Sch. 1 para. 9 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2
Marginal Citations